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SHOP CORPORATE HOUSING Member Agreement
Members (“Members”) of the Website are those that have paid a Membership or Advertisement Fee and have accepted the Agreement. Users (“Users”) may also utilize the Website and include Renters and the Public, or the whole body politic of every state and country who may be using the Website. Each time you use the Service, you acknowledge that you have read and agree to be bound by the Agreement. As a Member, you agree to report any violations of this Agreement by others to the Company. This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below. By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of the Website signifies your acceptance of the updated or modified agreement. RECITALS The Company owns and operates an Advertisement Service (as defined below) for you to find and transact with other Members (referred to hereafter as either “you” or “Members”) and Users. Members include the following: corporate housing providers and property owners (referred to hereafter as “Property Owners”), prospective tenants and providers renting from other providers (referred to hereafter as “Renters”). ”). The Company Web Site enables Members and Users to query the Website and Company Distribution Channels for properties that meet their criteria and make requests for reservations by phone directly with the Property Owner, or by filling out a quote request form which the Website will send to the Property Owner, or by filling out a quote request form which the Website will send to all Property Owners. The Website uses appropriate software systems (“Software”) in providing the Advertisement Services
Property Owner wishes to utilize the Advertisement Services and advertise its property on the Website and Company Distribution Channels and certain third party websites. The Property Owner realizes that any agreement he/she may make with regard to any Member or Service does not include the Company as a party to it. Any agreement between you and a User is a legal contract and legal and financial professionals should be consulted before entering into any such contract.
Subject to the terms and conditions of this Agreement, Property Owner desires to engage Company to perform the Membership Services and to grant a limited license to use Property Owners marks and content as specified herein and to transfer, convey and assign to Company any and all right, title and interest Property Owner has in the derivative works that Company creates from such content.
Subject to the terms and conditions of this Agreement, the Company desires to grant and Property Owner wishes to receive, a service license to use the Membership Service and Software.
AGREEMENT 1) Company Membership Service. You must become a “member” with SHOP CORPORATE HOUSING to access certain functions and information on the Website. In becoming a member, you must provide registration information about yourself and your company (if applicable) that is accurate, thorough, and as current as possible. You agree to update your registration data as soon as change in it occurs. The Membership Services provides Property Owner with the ability to advertise on the Website and the Company Distribution Channels the availability of its Properties (“Property Advertisements”). The Membership Service stores information about Properties such as text descriptions, photos, amenities and rates. For purposes of this Agreement, “Company Distribution Channels” means such Websites in addition to the Website as the Company may establish or third party Websites in which the Company has or may have contractual rights (including all distribution channels and platforms for such Web Sites and the Website, which may include, without limitation, both narrowband and broadband channels, wireless devices , handheld devices, televisions, household appliances and such other Internet access devices and systems as become available in the future).
1) Membership Fee. The Company shall collect a Membership Fee from the Property Owner. The Membership Fee shall reflect the Membership Package that has been previously selected by the Property Owner, and the fee shall reflect the Company’s current membership price list. If the selected payment method is via credit card, Property Owner agrees that upon accepting this Agreement, the credit card related to the credit card information submitted by Property Owner for payment will be charged for the full cost of the Membership Fee. All fees and subscriptions payable under this Agreement, regardless of the medium of payment, will be fully earned by the Company upon payment and will not be refundable unless expressly provided for in Section 3.
2) Registration: Membership Cancellation & Refunds i) Since the majority of the work involved in posting a property on the Website is done in the initial stages of the contract, the Company is unable to offer a refund of your first property listing. Property off the market: the Company can temporarily inactivate a Member’s posting at their request. However, doing so does not extend the renewal date. 3) Quote Request Response Time. The Property Owner agrees that upon receiving a quote request with completed contact information that they will respond to said quote request within 36 hours of receipt. 4) Guarantee. Upon receipt of the Membership Fee and acceptance of the Agreement, the Company guarantees that the Website will generate more leads for the Property Owner than any other website he/she advertises with based on your past results, data required. Data from another website that you advertise the exact same property may be turned into Company within 60 days of the date you accepted this Agreement. Although Company will be providing page views, the guarantee is on actual paper leads and/or contact information clicks to retrieve phone number or email of the Property Owner (“Contact Clicks”). The Company reserves the right to track leads and Contact Clicks using the Software of the Website. If the Property Owner does not receive a total of more leads and Contact Clicks from our Website than any other they advertise with, the Company will continue to store and display the advertisement until the Website generates said number of total leads/Contact Clicks. A Membership Fee will not be collected for the period of time beyond the initial subscription until the Website has generated more leads/Contact Clicks than documented leads turned in for a one year period of time from any other specific website the Property Owner advertises said property with but the Agreement will remain in effect during all times that the advertisement is stored and displayed. The advertiser has the first 60 days of their year contract (date they signed up) to turn in 12 month data from an official reporting system of another website to be the comparison chart for their guarantee. Generally these reports are emailed to the advertiser and this data could be accessed by looking back on the reports sent to the Property Owner. 5) Term. The Term of the Agreement is defined thus: The “start date” will be the day that the Member Fee and the Agreement are received by the Company. See section 5 above regarding the Company Guarantee. If the Website is generating more leads than any other website the Property Owner advertises with and the Member Fee is not renewed by Property Owner, then the “end date” shall be the end of the length of the purchased subscription for such Membership Package, unless earlier terminated in accordance herewith (the “Term”)
6) Member Discount. The Property Owner will offer his property at a price that would allow him/her to give a 10% discount to other members.
6.) Transactions not involving the Company. Although Members may post content on the Service or view the content of others, the Company is not responsible to guarantee the content’s accuracy and may or may not monitor such content in its sole discretion. Members may act as Property Owners, Renters, Users or Advertisers and correspond with, participate in promotions by, and conduct transactions with the other Members or Users. However, the Company is not an accountable party to any transactions between Members. The Company does not have direct involvement in transactions between Members. The Company is not involved in the collection of any deposits, rents, or fees beyond the Membership Fees owed to the Company. The Agreement governs all transactions through the Service. By participating in a transaction through the Service, you may be required to agree and accept additional terms and conditions established by a Property Owner or other Member. The Company and any of the Company's Co-branded Partners, Licensees, Affiliates, agents and employees (collectively "the Company") assume no liability, obligation or responsibility in connection with any transactions between you and the Members or other users of the Website. In the event of a dispute among or with the Members or any third party, you release the Company and its service Property Owners from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor," as well as any other statute or common law principle of similar effect in any State. a) In the event the Company becomes a party to any litigation as a result of such a dispute, you agree to pay the costs and attorney's fees incurred by the Company in connection therewith. b) The Company is not responsible or liable for any products, services, information or other materials displayed, purchased, or obtained by you from the Website. c) The Company does not endorse, warrant or guarantee the products or services of any Members. d) The Company is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of the information. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information. Quote requests which are sent to the Property Owner by email are not considered to be private. Email delivery can be interrupted by many factors and the Company cannot be held responsible for undelivered quote requests. e) In the event that a tenant should cause damage to your property, you hereby release the Company from any and all claims, demands and damages, (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with said damage. 7) SECURITY Your membership login information is yours to protect. The Company is not liable for any loss related to the unauthorized use of your password. Please notify the Company as soon as possible if any such unauthorized activity occurs. 8) PRIVACY POLICY Shop Corporate Housing believes in protecting your privacy. Please click here to review our current Privacy Policy. 9) OWNERSHIP. All of the material included on the Website, including but not limited to trademarks, text, graphics, logos, downloadable materials and service marks (referred to hereafter as the "Content"), is the property of the Company and other parties. U.S. and international copyright laws protects all Content available on the Website. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Website for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes. 10) LIMITED LICENSE. Property Owner hereby grants to the Company a non-exclusive, worldwide, assignable, royalty free, right and license to use, reproduce, distribute, display, transmit, publish, compile, archive, use, modify, reformat, edit and/or create derivative works from the following in any format on the Company Web Site and the Company Distribution Channels and in related Company promotional materials provided in any medium, forum or format, for the sole purpose of providing the Membership Services pursuant to this Agreement: a.) trademarks, trade names, service marks and logos used on or in connection with the Member Content (“Licensed Marks”) and b) pictures, photographs, writings, language, descriptions and representations (or any portion thereof) of Member Advertisements (“Licensed Content”) in each case that have been provided to or made available to the Company by Property Owner.
Except as provided herein, neither party shall use the names, trademarks or logos, nor any adaptation or variation thereof of the other (or the others’ parents, subsidiaries, or affiliates), in any manner whatsoever (including, but not limited to, press releases, advertising, promotion or sales literature), without the prior written consent of the other party in each instance. All right, title, and interest (subject to the license granted herein) is retained by the Member provided that the submission does not violate the Company’s current submission guidelines, is factually accurate, and does not violate any intellectual property rights.
The Company grants you a limited, non sub licensable license to access and use the Website and to view, copy and print portions of the Website content. Such license is subject to this Agreement, and specifically conditioned upon the following a) you may only view, copy and print portions of the Website for your own informational, personal and non-commercial use b) you may not modify or otherwise make derivative uses of the Website or any portion thereof c) any displays or printouts of Website content must be marked “© ShopCorporateHousing.com. All rights reserved. d) You may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Website content e) You may not use any data mining, robots or similar data gathering or extraction methods f) You may not use the Website other than for its intended purpose, g) You may not reproduce, prepare derivative works from, distribute or display the Website or any site content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Website or site content without the prior written permission of ShopCorporateHousing.com is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. You represent and warrant that your use of the Website and any content herein will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify ShopCorporateHousing.com against any liability to any person arising out of your use of the Website not in accordance with this Agreement.
11) ACCEPTABLE USE OF THE WEBSITE Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web. As a condition of your use of this Website you warrant that: You are at least 18 years of age. You possess the legal authority to create a binding legal obligation. You will use this Website in accordance with this Agreement All information supplied by you on this Website is true, accurate, current and complete. You assume full responsibility for the use of the Service by any minors. a) Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures. b) You are solely responsible for the content of your transmissions and the products you sell through the Service. You acknowledge and agree that the Company does not endorse the actions, the contents of communications, or the products of the Members. c) You must obtain and maintain any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service. d) You must complete all transactions you agree to complete in connection with the Service. e) In your capacity as a seller, if applicable, and in transactions when the Company is not collecting payment on your behalf, you will be solely responsible for all aspects of transaction order processing and fulfillment, including but not limited to processing credit card information, authorization and fraud detection, shipping and handling, buyer support and service inquiries. You must forward all feedback you receive regarding the Service to the Company when acting as a Property Owner. f) You must abide by all of the then-current terms of the Company’s Privacy Policy as set forth on the Website and as updated from time to time by the Company in its sole discretion. g) The property listing the Property Owner advertises on the Website is not discriminatory in nature and abides by the Fair Housing Law. h) The Company Website is family-oriented, traditional-value based service. All content must be “family safe” and must not contain any of the following: vulgarity, hate, violence, or comments of a sexual nature. The Company Website does not promote pornography in any manner whatsoever or other objectionable activities and/or causes as determined in its sole discretion. The Company may allow, or disallow, your participation at any time for any reason whatsoever. Any links posted on the Website by Members must point to sites that contain “family friendly” content. Any Member unable to abide by such regulations will be subject to discontinued service without refund. i) The Company does not provide any form of property or casualty insurance. Owners and Renters are advised to obtain such coverage in such amounts as they deem reasonable and prudent. 12) PROHIBITED CONDUCT You must not: (a) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another; (b) directly or indirectly interfere or attempt to interfere with the proper working of the Website, any account, or any communication or transaction being conducted on our Website; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except the Company) any information you obtain about or from other Members of the Service, or you obtain from the Company if such information is marked confidential, for any purpose except fulfillment of orders initiated by the Members or negotiating prices with the Members, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, or (g) send any unsolicited e-mail or advertising to any known Member. 13) REVIEWS, COMMENTS AND OTHER SUBMISSIONS We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, posting on this Website or otherwise, including any questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”) you grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to a.) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and b.) use the name that you submit in connection with such Submission If you do not agree to these terms and conditions, please do not provide us with any Submissions. 13) HYPERLINKS You are granted a limited, non-exclusive right to create a text hyperlink to the Website provided such link does not portray the Company or any of its products or services in a false, misleading, or derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
14) LINKS TO THIRD-PARTY SITES This Website contains hyperlinks to websites operated by parties other than the Company. Such hyperlinks are provided for your reference and convenience only. Your use of and dealings with external websites or resources is solely your responsibility and at your risk. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
13) DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. The Company PROVIDES THE SERVICE ON AN "AS IS" BASIS. The Company AND ITS SERVICE PROPERTY OWNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AND NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SHOP CORPORATE HOUSING AND ITS SERVICE PROPERTY OWNERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO SHOP CORPORATE HOUSING OR ITS SERVICE PROPERTY OWNERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF MEMBER'S INFORMATION REGISTRATION DATA, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SHOP CORPORATE HOUSING AND ITS SERVICE PROPERTY OWNERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS OR OTHER MEMBERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHOP CORPORATE HOUSING OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
While the Company takes reasonable steps to safeguard and to prevent unauthorized access to your information and Registration Data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL the Company BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER the Company WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. 14) LIMITATION OF LIABILITY The Company AND ITS SERVICE PROPERTY OWNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SHOP CORPORATE HOUSING OR ITS SERVICE PROPERTY OWNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL SHOP CORPORATE HOUSING AND ITS SERVICE PROPERTY OWNERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY SHOP CORPORATE HOUSING OR ITS SERVICE PROPERTY OWNERS OR ANY PERSON FOR WHOM EITHER SHOP CORPORATE HOUSING OR ITS SERVICE PROPERTY OWNERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SHOP CORPORATE HOUSING FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM. 15) INDEMNIFICATION You agree to indemnify and hold the Company, its partners, subsidiaries, affiliates, officers and employees, and service Property Owners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, the Service, the violation of this Agreement by you, or the infringement by you, or other Member of the Service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. The Company and its Service Property Owners assume no responsibility whatsoever for such content or actions. 16) TERMINATION If you breach any provision of this Agreement, you may no longer use the Service. The Company may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If the Company terminates this Agreement for any reason, it cannot be held liable for cost beyond the prorated costs paid by the Member for services not provided. Also, it continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, the Company may remove from the Website and permanently delete and destroy any Member Content that you or others may have posted or submitted without any prior notice or liability to you or any other person. 17) DISPUTE RESOLUTION (The "Arbitration Clause") In the event of a dispute, you
and the Company agree to submit to binding arbitration as your exclusive forum.
The arbitration will be held in Green Bay, Wisconsin under the rules of the
American Arbitration Association before one arbitrator on an individual basis
and not as a class action. You waive any right you may have to arbitrate a
dispute as a class action. a) IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST SHOP CORPORATE HOUSING INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. b) DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. 18) GENERAL INFORMATION The Agreement comprises the
entire agreement between you and the Company and supersedes all prior
agreements regarding the subject matter contained herein. The Company may amend
the terms and conditions of this Agreement (the "amended terms") from
time to time. If you continue to use the Service after the amended terms become
effective, you are deemed to have agreed to be bound by the amended terms. If
you do not agree to the amended terms, then you agree not to use the Service.
Your continued use of the Service constitutes an affirmative: (a) acknowledgment by you of this Agreement
and its amended terms; and (b) agreement by you to abide and be bound by the
Agreement and its amended terms. Except as set forth below, you must make all
notices to the Company in writing via conventional mail or e-mail addressed to
'support' at the Company.
You agree that no joint venture, partnership, or employment relationship exists between you and the Company as a result of this agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
IF any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and the Company with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and the Company with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved. |