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Terms Of Service
OVERVIEW
This website is operated by EMSAR DESIGN LTD. Throughout the site, the
terms “we”, “us” and “our” refer to EMSAR DESIGN LTD. EMSAR DESIGN LTD offers
this website, including all information, tools, and services available from this site to you,
the user, conditioned upon your acceptance of all terms, conditions, policies and notices
stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service”
and agree to be bound by the following terms and conditions ( “Terms of
Service”, “Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply to all
users of the site, including without limitation users who are browsers, vendors,
customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our “Service”. By
accessing or using any part of the site, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and conditions of this agreement, then you
may not access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added shall also be subject to the Terms of
Service. You can review the most current version of the Terms of Service at any time on
this page. We reserve the right to update, change or replace any part of these Terms of
Service by posting updates and/or changes to our website. It is your responsibility to
check this page periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age of majority in
your state or province of residence, and you have given us your consent to allow any of
your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in
the use of the Service, violate any laws in your jurisdiction (including but not limited to
copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your
Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) and customer
data, may be transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. Credit card information is always encrypted during
transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on the website
through which the service is provided, without express written permission by us.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate,
complete, or current. The material on this site is provided for general information only
and should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete, or more timely sources of
information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily,
is not current and is provided for your reference only. We reserve the right to modify
the contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to monitor changes to our
site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or
content thereof) without notice at any time. We shall not be liable to you or to any third-
party for any modification, price change, suspension, or discontinuance of the Service.
If there is any NSF on EMSAR DESIGN LTD service charges or fees from your ACH or
Check request, we reserve the right to charge your Stripe merchant services account for
the amount owed. Each NSF occurrence will have an additional charge of $35.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return or
exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of
our products that appear at the store. We cannot guarantee that your computer
monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services
to any person, geographic region, or jurisdiction. We may exercise this right on a case-
by-case basis. We reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are subject to change at
any time without notice, at the sole discretion of us. We reserve the right to discontinue
any product at any time. Any offer for any product or service made on this site is void
where prohibited.
We do not warrant that the quality of any products, services, information, or other
material purchased or obtained by you will meet your expectations, or that any errors in
the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any service you place with us. We may, in our sole
discretion, limit or cancel quantities purchased or services per person, per household or
per order. These restrictions may include orders or services placed by or under the
same customer account, the same credit card, and/or orders or services that use the
same billing and/or shipping address. In the event that we make a change to or cancel
an order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made. We reserve the right
to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information
for all purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit card numbers and expiration
dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor
have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations, or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from or relating
to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the terms on
which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features and/or services
shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials
from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated
with us. We are not responsible for examining or evaluating the content or accuracy and
we do not warrant and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party's policies and practices and
make sure you understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should be directed to the
third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or
without a request from us you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in any medium
any comments that
you forward to us. We are and shall be under no obligation (1) to maintain any
comments in confidence; (2) to pay compensation for any comments; or (3) to respond
to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine
in our sole discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene, or otherwise objectionable or violates any party ’s intellectual
property or these Terms of Service.You agree that your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or otherwise unlawful,
abusive, or obscene material, or contain any computer virus or other malware that
could in any way affect the operation of the Service or any related website. You may not
use a false e-mail address, pretend to be someone other than yourself, or otherwise
mislead us or third parties as to the origin of any comments. You are solely responsible
for any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
The submission of personal information of your customers through the store is governed
by our Privacy Policy. All customer data belongs 100% to you, the user, and to us. We
will use the customer information and data to provide you with advancement to your
ordering process, enhancing your interactions with your customers, help analyze their
buying behavior to enhance their usage experience, track their purchasing tendencies
to eventually use AI to maximize their purchase opportunity and minimize their time
spent, and much more.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times and availability. We
reserve the right to correct any errors, inaccuracies, or omissions, and to change or
update information or cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including after you have
submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on
any related website, including without limitation, pricing information, except as required
by law. No specified update or refresh date applied in the Service or on any related
website, should be taken to indicate that all information in the Service or on any related
website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of others; (e) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or transmit viruses
or any other type of malicious code that will or may be used in any way that will affect
the functionality or operation of the Service or of any related website, other websites, or
the Internet; (h) to collect or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k)
to interfere with or circumvent the security features of the Service or any related
website, other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may
be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of
time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the service are
(except as expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties, or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability, merchantable
quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Your Site, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue, lost savings,
loss of data, replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of any of the
service or any products procured using the service, or for any other claim related in any
way to your use of the service or any product, including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind incurred as a result of the
use of the service or any content (or product) posted, transmitted, or otherwise made
available via the service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Your Site and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, harmless from any
claim or demand, including reasonable attorneys ’ fees, made by any third-party due to
or arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful,
void, or unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be deemed to
be severed from these Terms of Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you no
longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any
term or provision of these Terms of Service, we also may terminate this agreement at
any time without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you access to our
Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision. These Terms of Service and any
policies or operating rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us and govern
your use of the Service, superseding any prior or contemporaneous agreements,
communications, and proposals, whether oral or written, between you and us (including,
but not limited
to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of
these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this
page.
We reserve the right, at our sole discretion, to update, change or replace any part of
these Terms of Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued use of or
access to our website or the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.
Terms Of Service
OVERVIEW
This website is operated by EMSAR DESIGN LTD. Throughout the site, the
terms “we”, “us” and “our” refer to EMSAR DESIGN LTD. EMSAR DESIGN LTD offers
this website, including all information, tools, and services available from this site to you,
the user, conditioned upon your acceptance of all terms, conditions, policies and notices
stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service”
and agree to be bound by the following terms and conditions ( “Terms of
Service”, “Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply to all
users of the site, including without limitation users who are browsers, vendors,
customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our “Service”. By
accessing or using any part of the site, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and conditions of this agreement, then you
may not access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added shall also be subject to the Terms of
Service. You can review the most current version of the Terms of Service at any time on
this page. We reserve the right to update, change or replace any part of these Terms of
Service by posting updates and/or changes to our website. It is your responsibility to
check this page periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age of majority in
your state or province of residence, and you have given us your consent to allow any of
your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in
the use of the Service, violate any laws in your jurisdiction (including but not limited to
copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your
Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) and customer
data, may be transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. Credit card information is always encrypted during
transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on the website
through which the service is provided, without express written permission by us.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate,
complete, or current. The material on this site is provided for general information only
and should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete, or more timely sources of
information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily,
is not current and is provided for your reference only. We reserve the right to modify
the contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to monitor changes to our
site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or
content thereof) without notice at any time. We shall not be liable to you or to any third-
party for any modification, price change, suspension, or discontinuance of the Service.
If there is any NSF on EMSAR DESIGN LTD service charges or fees from your ACH or
Check request, we reserve the right to charge your Stripe merchant services account for
the amount owed. Each NSF occurrence will have an additional charge of $35.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return or
exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of
our products that appear at the store. We cannot guarantee that your computer
monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services
to any person, geographic region, or jurisdiction. We may exercise this right on a case-
by-case basis. We reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are subject to change at
any time without notice, at the sole discretion of us. We reserve the right to discontinue
any product at any time. Any offer for any product or service made on this site is void
where prohibited.
We do not warrant that the quality of any products, services, information, or other
material purchased or obtained by you will meet your expectations, or that any errors in
the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any service you place with us. We may, in our sole
discretion, limit or cancel quantities purchased or services per person, per household or
per order. These restrictions may include orders or services placed by or under the
same customer account, the same credit card, and/or orders or services that use the
same billing and/or shipping address. In the event that we make a change to or cancel
an order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made. We reserve the right
to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information
for all purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit card numbers and expiration
dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor
have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations, or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from or relating
to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the terms on
which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features and/or services
shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials
from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated
with us. We are not responsible for examining or evaluating the content or accuracy and
we do not warrant and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party's policies and practices and
make sure you understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should be directed to the
third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or
without a request from us you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in any medium
any comments that
you forward to us. We are and shall be under no obligation (1) to maintain any
comments in confidence; (2) to pay compensation for any comments; or (3) to respond
to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine
in our sole discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene, or otherwise objectionable or violates any party ’s intellectual
property or these Terms of Service.You agree that your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or otherwise unlawful,
abusive, or obscene material, or contain any computer virus or other malware that
could in any way affect the operation of the Service or any related website. You may not
use a false e-mail address, pretend to be someone other than yourself, or otherwise
mislead us or third parties as to the origin of any comments. You are solely responsible
for any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
The submission of personal information of your customers through the store is governed
by our Privacy Policy. All customer data belongs 100% to you, the user, and to us. We
will use the customer information and data to provide you with advancement to your
ordering process, enhancing your interactions with your customers, help analyze their
buying behavior to enhance their usage experience, track their purchasing tendencies
to eventually use AI to maximize their purchase opportunity and minimize their time
spent, and much more.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times and availability. We
reserve the right to correct any errors, inaccuracies, or omissions, and to change or
update information or cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including after you have
submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on
any related website, including without limitation, pricing information, except as required
by law. No specified update or refresh date applied in the Service or on any related
website, should be taken to indicate that all information in the Service or on any related
website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of others; (e) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or transmit viruses
or any other type of malicious code that will or may be used in any way that will affect
the functionality or operation of the Service or of any related website, other websites, or
the Internet; (h) to collect or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k)
to interfere with or circumvent the security features of the Service or any related
website, other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may
be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of
time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the service are
(except as expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties, or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability, merchantable
quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Your Site, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue, lost savings,
loss of data, replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of any of the
service or any products procured using the service, or for any other claim related in any
way to your use of the service or any product, including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind incurred as a result of the
use of the service or any content (or product) posted, transmitted, or otherwise made
available via the service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Your Site and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, harmless from any
claim or demand, including reasonable attorneys ’ fees, made by any third-party due to
or arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful,
void, or unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be deemed to
be severed from these Terms of Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you no
longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any
term or provision of these Terms of Service, we also may terminate this agreement at
any time without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you access to our
Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision. These Terms of Service and any
policies or operating rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us and govern
your use of the Service, superseding any prior or contemporaneous agreements,
communications, and proposals, whether oral or written, between you and us (including,
but not limited
to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of
these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this
page.
We reserve the right, at our sole discretion, to update, change or replace any part of
these Terms of Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued use of or
access to our website or the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.