TERMS AND CONDITIONS
USE OF SERVICE
PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE OUR SERVICES.
We sell products such as ______________________________
When you use our services, you are reminded that we do not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any product or the integrity, responsibility or any of the actions or omissions whatsoever of product provider. We do not provide any background checks or vetting. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF OUR SERVICES. WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF OUR SERVICE.
This is a contract between you the customer and us. You must read and agree to these terms before using the service. You may use the service only if you can form a binding contract with us and only in compliance with this Agreement and all applicable local, state, national laws, rules, and regulations.
You must be at least 18 years of age to be eligible to use the service. Any use or access to the service by anyone under 18 is strictly prohibited and in violation of this agreement.
OUR PROPRIETARY RIGHTS
We alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Service.
Our Agreement is not a sale and does not convey to you any rights of ownership in or related to the Intellectual Property Rights owned by us. Accordingly, Customer agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from our Intellectual Property. Use of our Intellectual Property for any purpose not expressly permitted by this agreement is strictly prohibited.
The service, our name and logo are the exclusive property of ours.
We shall own all rights, title, and interest to any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to our services. Accordingly, you may choose to, or we may invite you to submit comments or ideas about our services, including without limitation about how to improve our services or our ideas. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us or developed by our employees or obtained from sources other than you.
You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or website approved by us.
As a user of the website, you agree not to:
1. Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
5. Use any information obtained from the Website in order to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Website in a manner inconsistent with any website applicable laws or regulations.
8. Use the Website to advertise or offer to sell goods and services.
9. Engage in unauthorized framing of or linking to the Website.
10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
12. Delete the copyright or other proprietary rights notice from any Content.
13. Attempt to impersonate another user or person or use the username of another user.
14. Sell or otherwise transfer your profile.
15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
16. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.
18. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
22. Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
23. Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
We care about the integrity and security of your personal information. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
THIRD RECOMMENDATIONS AND INFORMATION
Our services may contain recommendations and information to third-party that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party information, materials, products, or services.
You should make whatever investigation or other resources that you deem necessary or appropriate before engaging product providers.
INDEMNIFICATION AND RELEASE
You agree to release, defend, indemnify, and hold us, our associates, and our respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT ANY REQUESTS WILL BE MET SATISFACTORILY OR AT ALL.
WE DO NOT GUARANTEE THE SUITABILITY, SAFETY, OR ABILITY OF ANY THIRD-PARTY PROVIDER, NOR THAT ANY SUCH THIRD-PARTY PROVIDER WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF SUCH THIRD-PARTY SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Without limiting the foregoing, your correspondence or business dealings with, and use of services of third parties or service providers provided by us, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable, directly, or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND OUR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF REQUESTS OR CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE.
If any portion of these terms is found to be void or unenforceable, it shall be struck from the record, and the remaining provisions will retain their full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
You agree and consent to the exclusive jurisdiction of the state or federal courts located in [ENTER STATE] and waive any defense of lack of personal jurisdiction or improper venue or forum to a claim brought in such court, we will elect, in our sole discretion, to litigate the action in the county and state where we are located.
If you have any questions or concerns about any of these terms, feel free to contact us at:
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