websites as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”). The Site provides
an online marketplace for the following goods, products, and/or
services: digital courses and services (the “Marketplace
Offerings”). In order to help make the Site a secure
environment for the purchase and sale of Marketplace Offerings,
all users are required to accept and comply with these Terms of
Use. You agree that by accessing the Site and/or the
Marketplace Offerings, you have read, understood, and agree to
be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH
ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these
Terms of Use at any time and for any reason. We will alert you
about any changes by updating the “Last updated” date of these
Terms of Use, and you waive any right to receive specific
notice of each such change. It is your responsibility to
periodically review these Terms of Use to stay informed of
updates. You will be subject to, and will be deemed to have
been made aware of and to have accepted, the changes in any
revised Terms of Use by your continued use of the Site after
the date such revised Terms of Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from
other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the
extent local laws are applicable.
The Site is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to
such laws, you may not use this Site. You may not use the Site
in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or
register for the Site or use the Marketplace Offerings.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and the Marketplace
Offerings are our proprietary property and all source code,
databases, functionality, software, website designs, audio,
video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or
controlled by us or licensed to us, and are protected by
copyright and trademark laws and various other intellectual
property rights and unfair competition laws of the United
States, international copyright laws, and international
conventions. The Content and the Marks are provided on the Site
“AS IS” for your information and personal use only. Except as
expressly provided in these Terms of Use, no part of the Site
or the Marketplace Offerings and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior
written permission.
Provided that you are eligible to use the Site, you are granted
a limited license to access and use the Site and to download or
print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and
to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site or the Marketplace Offerings, you represent
and warrant that:(1) all registration information you submit
will be true, accurate, current, and complete; (2) you will
maintain the accuracy of such information and promptly update
such registration information as necessary; (3) you have
the legal capacity and you agree to comply with these Terms of
Use; (4) you are not a minor in the jurisdiction in which
you reside; (5) you will not access the Site or the Marketplace
Offerings through automated or non-human means, whether through
a bot, script or otherwise; (6) you will not use the Site for
any illegal or unauthorized purpose; and (7) your use of the
Site or the Marketplace Offerings will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future
use of the Site (or any portion thereof).
You may not use the Site or the Marketplace Offerings for any
illegal or unauthorized purpose nor may you, in the use of
Marketplace Offerings, violate any laws. Among unauthorized
Marketplace Offerings are the following: intoxicants of any
sort; illegal drugs or other illegal products; alcoholic
beverages; games of chance; and pornography or graphic adult
content, images, or other adult products. Postings of any
unauthorized products or content may result in immediate
termination of your account and a lifetime ban from use of the
Site.
We are a service provider and make no representations as to the
safety, effectiveness, adequacy, accuracy, availability,
prices, ratings, reviews, or legality of any of the information
contained on the Site or the Marketplace Offerings displayed or
offered through the Site. You understand and agree that the
content of the Site does not contain or constitute
representations to be reasonably relied upon, and you agree to
hold us harmless from any errors, omissions, or
misrepresentations contained within the Site’s content. We do
not endorse or recommend any Marketplace Offerings and the Site
is provided for informational and advertising purposes only.
USER REGISTRATION
You may be required to register with the Site in order to
access the Marketplace Offerings. You agree to keep your
password confidential and will be responsible for all use of
your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in
our sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
MARKETPLACE OFFERINGS
We reserve the right to limit the quantities of the Marketplace
Offerings offered or available on the Site. All descriptions or
pricing of the Marketplace Offerings are subject to change at
any time without notice, at our sole discretion. We reserve the
right to discontinue any Marketplace Offerings at any time for
any reason. We do not warrant that the quality of any of the
Marketplace Offerings purchased by you will meet your
expectations or that any errors in the Site will be corrected.
PURCHASES AND PAYMENT
We accept the following forms of payment:
– PayPal
– Stripe
You agree to provide current, complete, and accurate purchase
and account information for all purchases of the Marketplace
Offerings made via the Site. You further agree to promptly
update account and payment information, including email
address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as
needed. Sales tax will be added to the price of purchases as
deemed required by us. We may change prices at any time. All
payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for
your purchases and any applicable shipping fees, and you
authorize us to charge your chosen payment provider for any
such amounts upon placing your order. We reserve the right to
correct any errors or mistakes in pricing, even if we have
already requested or received payment.
We reserve the right to refuse any order placed through the
Site. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the
same customer account, the same payment method, and/or orders
that use the same billing or shipping address. We reserve the
right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers, or distributors.
REFUNDS POLICY
All sales are final and no refund will be issued.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than
that for which we make the Site available. The Site may not be
used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content
from the Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written
permission from us.
2. Make any unauthorized use of the Marketplace
Offerings, 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.
3. Use a buying agent or purchasing agent to make
purchases on the Site.
4. Use the Site to advertise or offer to sell goods
and services.
5. Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that
prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Site and/or the Content
contained therein.
6. Engage in unauthorized framing of or linking to
the Site.
7. Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account
information such as user passwords.
8. Make improper use of our support services or
submit false reports of abuse or misconduct.
9. 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.
10. Interfere with, disrupt, or create an undue
burden on the Site or the networks or services connected to the
Site.
11. Attempt to impersonate another user or person or
use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in
order to harass, abuse, or harm another person.
14. Use the Marketplace Offerings as part of any
effort to compete with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor or commercial
enterprise.
15. Decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up
a part of the Site.
16. Attempt to bypass any measures of the Site
designed to prevent or restrict access to the Site, or any
portion of the Site.
17. Harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing any portion of the
Marketplace Offerings to you.
18. Delete the copyright or other proprietary rights
notice from any Content.
19. Copy or adapt the Site’s software, including but
not limited to Flash, PHP, HTML, JavaScript, or other code.
20. 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 Site or modifies,
impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the
Marketplace Offerings.
21. 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”).
22. 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 Site, or using or launching any unauthorized
script or other software.
23. Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any
applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may
provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Site, including but not
limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other
material (collectively, “Contributions”). Contributions may be
viewable by other users of the Site and through third-party
websites. As such, any Contributions you transmit may be
treated in accordance with the Site Privacy Policy. When you
create or make available any Contributions, you thereby
represent and warrant that:
1. The creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or
copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third
party.
2. You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use
and to authorize us, the Site, and other users of the Site to
use your Contributions in any manner contemplated by the Site
and these Terms of Use.
3. You have the written consent, release, and/or
permission of each and every identifiable individual person in
your Contributions to use the name or likeness of each and
every such identifiable individual person to enable inclusion
and use of your Contributions in any manner contemplated by the
Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or
misleading.
5. Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten
(in the legal sense of those terms) any other person and to
promote violence against a specific person or class of
people.
9. Your Contributions do not violate any applicable law,
regulation, or rule.
10. Your Contributions do not violate the privacy or
publicity rights of any third party.
11. Your Contributions do not contain any material that
solicits personal information from anyone under the age of 18
or exploits people under the age of 18 in a sexual or violent
manner.
12. Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect
the health or well-being of minors.
13. Your Contributions do not include any offensive
comments that are connected to race, national origin, gender,
sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link
to material that violates, any provision of these Terms of Use,
or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation
of the foregoing violates these Terms of Use and may result in,
among other things, termination or suspension of your rights to
use the Site and the Marketplace Offerings.
CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and
use any information and personal data that you provide
following the terms of the Privacy Policy and your choices
(including settings).
By submitting suggestions or other feedback regarding the Site,
you agree that we can use and share such feedback for any
purpose without compensation to you.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by
you in any area on the Site. You are solely responsible for
your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding
the Site or the Marketplace Offerings (“Submissions”) provided
by you to us are non-confidential and shall become our sole
property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment
or compensation to you. You hereby waive all moral rights to
any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to
submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site or the
Marketplace Offerings) links to other websites
(“Third-Party Websites”) as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items
belonging to or originating from third parties (“Third-Party
Content”). Such Third-Party Websites
and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third
Party Websites accessed through the Site or
any Third-Party Content posted on, available through,
or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in
the Third-Party Websites or
the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of
any Third-Party Websites or
any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and
access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your own risk,
and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which
you navigate from the Site or relating to any applications you
use or install from the Site. Any purchases you make
through Third-Party Websites will be through other
websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which
are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you
shall hold us harmless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us
harmless from any losses sustained by you or harm caused to you
relating to or resulting in any way from
any Third-Party Content or any contact
with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor
the Site for violations of these Terms of Use; (2) take
appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including
without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to
remove from the Site or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Site in a manner designed
to protect our rights and property and to facilitate the proper
functioning of the Site and the Marketplace Offerings.
PRIVACY POLICY
We care about data privacy and security. By using the Site or
the Marketplace Offerings, you agree to be bound by our Privacy
Policy posted on the Site, which is incorporated into these
Terms of Use. Please be advised the Site and the Marketplace
Offerings are hosted in the United States. If you access
the Site or the Marketplace Offerings from any other region of
the world with laws or other requirements governing personal
data collection, use, or disclosure that differ from applicable
laws in the United States, then through your continued use
of the Site, you are transferring your data to the United
States, and you agree to have your data transferred to and
processed in the United States.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while
you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN
IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive
redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents
of the Site at any time or for any reason at our sole
discretion without notice. However, we have no obligation to
update any information on our Site. We also reserve the right
to modify or discontinue all or part of the Marketplace
Offerings without notice at any time. We will not be liable to
you or any third party for any modification, price change,
suspension, or discontinuance of the Site or the Marketplace
Offerings.
We cannot guarantee the Site and the Marketplace Offerings will
be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update,
suspend, discontinue, or otherwise modify the Site or the
Marketplace Offerings at any time or for any reason without
notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability
to access or use the Site or the Marketplace Offerings during
any downtime or discontinuance of the Site or the Marketplace
Offerings. Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or the Marketplace
Offerings or to supply any corrections, updates, or releases in
connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site and the Marketplace
Offerings are governed by and construed in accordance with the
laws of the State of New York applicable to agreements
made and to be entirely performed within the State of New
York, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly
excluded below) will be finally and exclusively resolved
through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL. The arbitration shall be commenced and conducted
under the Commercial Arbitration Rules of the American
Arbitration Association (“AAA”) and, where appropriate, the
AAA’s Supplementary Procedures for Consumer Related Disputes
(“AAA Consumer Rules”), both of which are available at the AAA
website:
www.adr.org.
Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. The
arbitration may be conducted in person, through the submission
of documents, by phone, or online. The arbitrator will make a
decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by
the applicable AAA rules or applicable law, the arbitration
will take place in NY, New York. Except as otherwise provided
herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered
by the arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in
the state and federal courts located in NY, New York, and the
Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction, and forum non conveniens with respect to
venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for
the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) is excluded from these
Terms of Use.
If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or
unenforceable, and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a
Party; (b) any Dispute related to, or arising from, allegations
of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief. If this provision is found
to be illegal or unenforceable, then neither Party will elect
to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within
the courts listed for jurisdiction above, and the Parties agree
to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions that may
relate to the Marketplace Offerings, including descriptions,
pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site
at any time, without prior notice.
DISCLAIMER
THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS
AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND
OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE
OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE
SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE
OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE
MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) use of the Marketplace Offerings; (2)
breach of these Terms of Use; (3) any breach of your
representations and warranties set forth in these Terms of Use;
(4) your violation of the rights of a third party, including
but not limited to intellectual property rights; or (5) any
overt harmful act toward any other user of the Site or the
Marketplace Offerings with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you
agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for
the purpose of managing the performance of the Marketplace
Offerings, as well as data relating to your use of the
Marketplace Offerings. Although we perform regular routine
backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have
undertaken using the Marketplace Offerings. You agree that we
shall have no liability to you for any loss or corruption of
any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us emails, and completing online
forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive
any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you
can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer
Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800) 952-5210
or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted
by us on the Site or in respect to the Marketplace Offerings
constitute the entire agreement and understanding between you
and us. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not operate as a waiver
of such right or provision. These Terms of Use operate to the
fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not
be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Terms
of Use is determined to be unlawful, void, or unenforceable,
that provision or part of the provision is deemed severable
from these Terms of Use and does not affect the validity and
enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or use of
the Marketplace Offerings. You agree that these Terms of Use
will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the lack of
signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or the
Marketplace Offerings or to receive further information
regarding use of the Site or the Marketplace Offerings, please
contact us at:
Queen Rose, Inc.
418 Broadway, STE R
Albany NY 12207
USA+1 917 334 5862