- Acceptance of this Agreement.
Acceptance Through Using or Accessing the Services. Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.
- Eligibility Requirements to Use or Access the Services.
To use the Website or any other Services, you must be (i) at least 18 years old, (ii) a resident of the United States, and (iii) not a competitor of or using the Services for purposes that are competitive with the Company. By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.
- Changes to this Agreement.
The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately. Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.
- Access to the Services.
Changes to Your Access and the Services. The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.
Creating an Account. You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service.
Account Responsibilities. You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you, and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.
Termination or Deletion of an Account. The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.
- Policy for Using the Services.
Prohibited Uses. You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company. You may not use the Services for any business or commercial purposes.
Prohibited Activities. You further agree not to engage in any of the following prohibited activities in connection with using the Services:
No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.
No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
Compliance with Content Standards. Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement.
No Interference with Others’ Enjoyment. Harass or interfere with anyone’s use or enjoyment of the Services, or expose the Company or other users to liability or other harm.
No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.
No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means. This includes using automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Website; provided, however, that the Company conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Website for creating publicly available searchable indices of the materials but not caches or archives of such materials.
No Viruses, Worms, or Other Damaging Software. Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter others’ property, including attacking the Services via a denial-of-service attack.
No Unauthorized Access or Violation of Security. Violate the security of the Services through (i) any attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services; (ii) breach security codes; (iii) data mining; interfering with servers; computers; databases; hosts; users; networks connected to the Services.
No Reverse Engineering. Reverse engineer, decompile; attempt to obtain source code; underlying information relating to the Services.
No Collecting User Data. Collect; harvest data; information regarding any other user without their consent; includes email; usernames; passwords.
No Other Interference. Otherwise attempt to interfere with proper working of the Services.
Attempt; Assist Others in Attempting. Attempt any of foregoing; assist; permit; encourage others to do so.
Geographic Restrictions. The Company is based in United States. The Services are for use by persons located in United States only. By choosing access from a location other than United States, you accept full responsibility for compliance with all local laws. The Company makes no representations that services are accessible outside United States.
- Terms and Conditions of Sale
Purchasing Process Any steps taken from choosing services through order submission form part purchasing process includes these steps:
By clicking on checkout button opens third-party merchant checkout section where users specify contact details and payment method.
Upon providing required information users must carefully review order and confirm it by using relevant button on Website accepting these Terms committing pay agreed-upon price.
Order Submission Submission order determines contract conclusion creating obligation pay price; taxes; further fees as specified on order page.
Purchased services requiring active input from user creates obligation cooperate accordingly upon order submission.
Upon submission order users receive receipt confirming order has been received.
All notifications related purchasing process sent email address provided by user.
Prices You informed during purchasing process before order submission about fees; taxes; costs including delivery costs will be charged.
Methods Payment Information related accepted payment methods available during purchasing process. Some payment methods may only be available subject additional conditions fees. Related information can be found in dedicated section Website. All payments are independently processed through third-party services. Website does not collect payment information but receives notification once payment has been successfully completed. If payment through available methods fails is refused by payment service provider Company shall be under no obligation fulfill purchase order. Any possible costs fees resulting failed refused payment borne by you.
Retention Usage Rights You do not acquire rights use purchased services until total purchase price is received by Company.
- Contract Duration
Subscriptions Subscriptions allow receive services continuously regularly over determined period time. Paid subscriptions begin day payment received by Company. To maintain subscriptions must pay required recurring fee timely manner failure may cause service interruptions.
Fixed-term subscriptions Paid fixed-term subscriptions start day payment received by Company last subscription period chosen by you otherwise specified during purchasing process. Once subscription period expires services shall no longer be accessible unless renew subscription paying relevant fee. Fixed-term subscriptions may not be terminated prematurely shall run out upon expiration subscription term.
Automatic renewal Subscriptions automatically renewed through payment method chose during purchase unless cancel subscription within deadlines termination specified relevant section these Terms/or Website. Renewed subscription last period equal original term. Shall receive reminder upcoming renewal reasonable advance outlining procedure followed order cancel automatic renewal.
Termination Recurring subscriptions may be terminated at anytime sending clear unambiguous termination notice Company using contact details provided document — if applicable — using corresponding controls inside Website.
Termination notice If notice termination received before subscription renews termination shall take effect soon current period is completed.
- Intellectual Property Rights
Ownership Intellectual Property You acknowledge all intellectual property rights including copyrights trademarks trade secrets patents Contents owned Company licensors other providers material. Content protected U.S. international intellectual property proprietary rights laws. Neither Agreement nor your access transfers right title interest such intellectual property rights. Any rights not expressly granted Agreement are reserved Company licensors.
License Use During Term Agreement Company grants limited non-exclusive non-transferable non-sublicensable revocable license use access Content business commercial use accordance Agreement. Content may not used purpose license will terminate upon cessation use Services termination Agreement.
Certain Restrictions Rights granted subject following restrictions:
No Copying Distribution Shall copy reproduce publish display perform post transmit distribute part Content form means except as expressly permitted herein enabled feature product when provided shall not modify create derivative works translate adapt disassemble reverse compile reverse engineer part Content.
No Exploitation Shall sell license sublicense transfer assign rent lease loan host exploit Content Services way whole part.
No Altering Notices Shall delete alter copyright trademark proprietary rights notices copies Content.
No Competition Shall access Content build similar competitive website product service.
Systematic Retrieval Shall use information retrieval system create compile directly indirectly database compilation collection directory Content data from Services.
Trademark Notice All trademarks logos service marks displayed either Company’s property property third parties may not use trademarks logos service marks without prior written consent respective owners.
- User Content
User Generated Content Services contain message boards chatrooms profiles forums interactive features allow users post upload submit publish display transmit User Content on through Services solely responsible User Content consider carefully choose share User Content comply Content Standards set forth below User Content posted considered non-confidential non-proprietary assume risks associated its use including reliance accuracy completeness reliability appropriateness others third parties disclosure User Content personally identifies third party agree Company responsible liable third party User Content posted user interactions users solely between users dispute between us under obligation involved.
License Hereby grant Company irrevocable non-exclusive royalty-free fully paid transferable perpetual worldwide license reproduce distribute publicly display perform prepare derivative works incorporate works exploit User Content grant sublicenses foregoing rights connection Services Company’s business including promoting redistributing part Services media formats media channels represent warrant rights power authority necessary grant rights granted herein User Content submit hereby irrevocably waive claims recourse infringement misappropriation proprietary rights communication content material submitted us treat Feedback provide non-confidential non-proprietary agree submit us confidential proprietary information.
Content Standards Agree send knowingly receive upload transmit display distribute User Content comply following standards (“Content Standards”). User Content must not:
Violate Laws Obligations. Violate applicable laws regulations including intellectual property laws right privacy publicity laws contractual fiduciary obligations.
Promote Illegal Activity Harm Others. Promote illegal activity advocate promote assist unlawful act create risk harm loss damage person property.
Infringe Intellectual Property Rights. Infringe copyright trademark patent trade secret moral right intellectual property rights person.
Defamatory Abusive Otherwise Objectionable Material. Contain information material we deem unlawful defamatory trade libelous invasive another’s privacy publicity rights abusive threatening harassing harmful violent hateful obscene vulgar profane indecent offensive inflammatory humiliating people publicly otherwise cause annoyance inconvenience needless anxiety likely upset embarrass alarm annoy person.
Promotion Sexually Explicit Material Discrimination. Promote sexually explicit pornographic material violence discrimination based race sex religion nationality disability sexual orientation age.
Fraudulent Information Impersonation. Contain information material false intentionally misleading likely deceive person impersonating person misrepresenting identity affiliation person organization.
Endorsement Company. Represent imply others provided sponsored endorsed Company person entity case.
Monitoring Enforcement Reserve right times obligated:
Take action respect User Content necessary appropriate sole discretion believe violates Content Standards provision Agreement creates liability Company action may include reporting law enforcement authorities. Remove reject User Content reason sole discretion. Disclose User Content identity electronic communication kind satisfy law regulation government request protect rights property Company person. Terminate suspend access part Services reason including without limitation violation Agreement review User Content posted through ensure prompt removal questionable User Content Accordingly affiliates respective officers directors employees agents assume liability action inaction regarding transmissions communications content provided user third party shall have liability responsibility anyone performance non-performance activities described Section Copyright Infringement Digital Millennium Copyright Act Policy respects intellectual property others expects users do same policy terminate users repeat infringers intellectual property rights including copyrights believe work copied constitutes copyright infringement wish allegedly infringing material removed provide following information accordance Digital Millennium Copyright Act designated copyright agent:
Physical electronic signature copyright owner person authorized act behalf; Description copyrighted work allege infringed; Description material claimed infringing subject infringing activity removed access disabled; Description claim infringing located; Contact information including address telephone number email address; Statement good faith belief use objectionable material authorized copyright owner agent law; Feedback Company provide feedback suggestions regarding Feedback hereby assign rights Feedback agree Company right fully exploit Feedback related manner deems appropriate treat Feedback provide non-confidential non-proprietary agree submit us confidential proprietary information.
Assumption Risk Information presented availability general information purposes only warrant accuracy completeness suitability quality reliance risk disclaims liability responsibility arising reliance placed information user informed contents.
Termination May suspend terminate access rights use time reason sole discretion prior notice including breach terms Agreement Upon termination access rights use immediately cease liability whatsoever suspension termination rights under Agreement including termination account deletion User Content registered account terminate time contacting requesting termination.
Effect Termination Upon termination Agreement provisions nature should survive termination shall remain full force effect includes without limitation ownership intellectual property provisions warranty disclaimers limitations liability Termination access use relieve obligations arising accruing prior termination limit liability otherwise have understand termination access use involve deletion User Content associated account databases.
- No Warranty
THE SERVICES PROVIDED AN “AS-IS” AND “AS AVAILABLE” BASIS USE SERVICES YOUR OWN RISK MAXIMUM EXTENT PERMITTED APPLICABLE LAW SERVICES PROVIDED WITHOUT WARRANTIES KIND WHETHER EXPRESS IMPLIED STATUTORY OTHERWISE INCLUDING IMPLIED WARRANTIES MERCHANTABILITY FITNESS PARTICULAR PURPOSE TITLE QUIET ENJOYMENT ACCURACY NONINFRINGEMENT WITHOUT LIMITING FOREGOING LICENSORS DO WARRANT CONTENT ACCURATE RELIABLE COMPLETE CORRECT SERVICES MEET REQUIREMENTS SERVICES AVAILABLE PARTICULAR TIME LOCATION UNINTERRUPTED ERROR-FREE SECURE DEFECTS ERRORS CORRECTED SERVICES FREE VIRUSES HARMFUL COMPONENTS ITEMS OBTAINED THROUGH SERVICES OTHERWISE MEET REQUIREMENTS EXPECTATIONS FULLEST EXTENT PROVIDED LAW WILL LIABLE LOSS DAMAGE COMPUTER SYSTEM MOBILE DEVICE DATA PROPRIETARY MATERIAL MAY RESULT YOUR USE SERVICES ITEMS OBTAINED THROUGH SERVICES DOWNLOADING MATERIAL POSTED SERVICES WARRANT ENDORSE GUARANTEE ASSUME RESPONSIBILITY PRODUCT SERVICES ADVERTISED OFFERED THIRD PARTY THROUGH SERVICES PARTY MONITOR TRANSACTION BETWEEN THIRD-PARTY PROVIDERS PRODUCTS SERVICES OTHER USER WOULD PROVIDED WITHOUT THESE LIMITATIONS ADVICE INFORMATION WHETHER ORAL WRITTEN OBTAINED THROUGH SERVICES CREATE WARRANTY REPRESENTATION GUARANTEE NOT EXPRESSLY STATED AGREEMENT SOME JURISDICTIONS ALLOW EXCLUSION IMPLIED WARRANTIES ABOVE EXCLUSION MAY APPLY APPLICABLE LAW REQUIRES WARRANTIES RESPECT SERVICES WARRANTIES LIMITED DURATION NINETY 90 DAYS DATE FIRST USE
- Limitation Liability
FULLEST EXTENT ALLOWED APPLICABLE LAW EVENT SHALL AFFILIATES RESPECTIVE LICENSORS SERVICE PROVIDERS EMPLOYEES AGENTS OFFICERS DIRECTORS LIABLE THIRD PARTY DAMAGES KIND LEGAL THEORY ARISING OUT CONNECTION USE INABILITY USE SERVICES THIRD-PARTY LINK CONTENT SERVICES THIRD-PARTY LINK INCLUDING WITHOUT LIMITATION LOSS USE REVENUE PROFIT LOSS BUSINESS ANTICIPATED SAVINGS LOSS DATA LOSS GOODWILL DIMINUTION VALUE CONSEQUENTIAL INCIDENTAL INDIRECT EXEMPLARY SPECIAL PUNITIVE DAMAGES ARISING BREACH CONTRACT TORT INCLUDING NEGLIGENCE OTHERWISE REGARDLESS WHETHER DAMAGE FORESEEABLE WHETHER COMPANY ADVISED POSSIBILITY DAMAGES YOUR SOLE REMEDY DISSATISFACTION SERVICES STOP USING SERVICES STATES ALLOW EXCLUSION LIMITATION CERTAIN DAMAGES ABOVE LIMITATION EXCLUSIONS APPLY
Agree indemnify defend hold harmless affiliates respective officers directors employees agents affiliates successors permitted assigns collectively “Indemnified Party” against losses claims actions suits complaints damages liabilities penalties interest judgments settlements deficiencies disbursements awards fines costs fees expenses kind including reasonable attorneys’ fees fees costs enforcing right indemnification expenses pursuing insurance providers arising relating breach misuse including limited User Content actions taken third party using account reserves right expense assume exclusive defense control matter required indemnify us agree assist cooperate defense settlement claims
Governing Law Matters relating matters arising relating Agreement whether sounding contract tort statute governed construed accordance laws State Arizona giving effect conflict law principles
Dispute Resolution Action proceeding arising related Agreement brought state federal court located State Arizona although retain right bring suit action proceeding breach Agreement country residence relevant country hereby irrevocably submit jurisdiction courts waive defense inconvenient forum maintenance action proceeding venues sole discretion require dispute claim controversy arising relating submitted decided single arbitrator binding arbitration rules American Arbitration Association Arizona decision arbitrator shall final binding parties entered enforced court competent jurisdiction either prevailing party arbitration proceedings shall awarded reasonable attorneys’ fees expert witness costs expenses costs incurred directly indirectly connection proceedings unless arbitrator shall good cause determine otherwise All arbitrations shall proceed individual basis agree bring claims arbitration only individual capacities hereby waive right trial jury assert participate class action lawsuit class action arbitration named-plaintiff class member assert participate joint consolidated lawsuit joint consolidated arbitration kind notwithstanding anything contrary rules American Arbitration Association arbitrator consolidate than person’s claims preside form representative class proceeding court decides applicable precludes enforcement paragraph’s limitations particular claim relief claim claim must severed arbitration brought court YOU UNDERSTAND AGREE ENTERING TERMS WAIVING RIGHT TRIAL JURY PARTICIPATE CLASS ACTION Limitation Time File Claims CAUSE ACTION CLAIM MAY ARISING FROM THE USE OF THE SERVICES OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
- Entire Agreement
The failure of the Company to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. The Company reserves the right to waive any provision of this Agreement at its discretion. Any waiver by the Company of any provision of this Agreement will be effective only if in writing and signed by the Company.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder without the prior written consent of the Company. The Company may freely assign this Agreement without notice.
- Contact Information
If you have any questions about this Agreement, please contact us at:
Twomey PC Repair Address: 2379 Hwy 62/412 Suite G, Highland Arkansas 72542 Phone: 8702574444 Email: firstname.lastname@example.org
- Electronic Communication
You consent to receive communications from us electronically, such as emails, texts, or notices on the Website, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Thank you for reviewing this Agreement. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
- Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of [Insert Jurisdiction]. Any disputes arising out of or related to this Agreement or the Services shall be subject to the exclusive jurisdiction of the courts located in [Insert Jurisdiction], and you hereby consent to the personal jurisdiction and venue of such courts.
The Company reserves the right to modify, amend, or change this Agreement at any time in its sole discretion. Any changes to this Agreement will be effective immediately upon posting of the revised Agreement on the Website. Your continued use of the Services after any such changes constitutes your acceptance of the revised Agreement. It is your responsibility to review this Agreement periodically for updates.
The provisions of Sections 5 (Intellectual Property Rights), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 12 (Third-Party Websites and Content), 14 (Dispute Resolution), and any other provision that by its nature should survive termination, shall survive any termination or expiration of this Agreement.
- Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by acts beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, strikes, labor disputes, or governmental actions.
The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
This Agreement is written in English, which shall be the controlling language regarding any interpretation or construction of this Agreement.
This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
[Signature Page Follows]
By clicking “I Agree” or by accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.