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Terms and Conditions

Marc’s Mobility is a website located at MarcsMobility.com and is owned and operated by Marc’s Mobility, LLC. These Website Terms and Conditions are revised as of July 29, 2019.

 

Welcome to MarcsMobility.com (the “Website”). Marc’s Mobility provides access to the Website to you subject to the following terms and conditions.  In return for accessing the Website, you agree to be bound by these terms and conditions of use without limitation or qualification. This is a legally binding agreement between you as the member(s) of the Website (sometimes referred to as “you”, “your” or “Member” hereinafter) and Marc’s Mobility (sometimes referred to as “we”, “our” or “MarcsMobility.com” hereinafter). If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Website. Essentially, if you visit the Website, you accept all terms and conditions of use.  Please read them carefully. If you do not agree to these terms of use in their entirety, you may not use the Website.

 

We may modify these terms and conditions from time to time. If you do not agree to any modifications, you should terminate your use of our Website and its Services (as defined below). Your continued use of the Website will constitute a binding acceptance by you of these terms and conditions, or any subsequent modifications.

 

Website and Services

 

The Website provides you with the ability to create a member account, purchase products, submit product reviews, and communicate with Marc’s Mobility with the use of the live chat feature, and other services that may be available in the future (collectively referred to as the “Service”). More specifically, our “Service” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and any other materials you may view on, access through, or contribute to the Website. The Service includes all aspects of the Website, including but not limited to all profiles, tools, and services offered via the Website.

 

The Service may contain content created by other people (such as Members of the Website as defined herein) and links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any other person or third-party websites. In addition, we will not and cannot review, monitor, censor, or edit the content of any Member, message, or any other content posted by anyone on the Website, or any content of any third-party site. By using our Website and Services, you expressly relieve us from any and all liability arising from your use of the Website and Services, including any third-party website.

 

Services

 

Member Accounts

 

In order to access certain services on the Website, you must create a Member Account. The term “Member” means a person who provides information including but not limited to, names, and email addresses, to participate in the Services in any manner. You can create a Member Account at any time. We reserve the right to suspend or terminate your Member Account and refuse any future use of the Services for any reason. 

 

Sale of Products

 

The Website hosts a webstore of products equipped with payment and transactional functions enabling Members and unregistered users to purchase available inventory. We attempt to be as accurate as possible when listing product and manufacturer information, however we do not warrant that the information is error-free. We reserve the right to deny any sale due to website errors.

 

Reviews

 

The Website also hosts product reviews and testimonials (“Reviews”) equipped with commenting facilities, communication between members, and shared content including but not limited to, information, data, text, photographs, written posts and comments, and other features generated, provided, or otherwise made accessible on or through the Reviews.   

 

We reserve the right, but have no obligation, to monitor any and all public and private information on Reviews. We also reserve the right, but have no obligation, to monitor any and all existing information within the Reviews to ensure its accuracy. Notwithstanding our right to monitor information, we are not responsible for any inaccurate, incomplete, personal, or private information that may be transmitted or posted in the Review.

 

Live Chat

 

The Website features live chat and instant messaging capabilities (“Live Chat”) when available. The Live Chat is equipped with live messaging facilities enabling Members and unregistered users to communicate directly with Marc’s Mobility. We are not responsible for any private information that may be transmitted in the Live Chat.

 

Service Use Terms  

 

Member Accounts

 

These terms and conditions are an electronic contract that establishes the legally binding terms you must accept to create a Member Account and become a Member. You acknowledge and agree that Members of the Website may be part of an online community of other Members. In order to access certain Services on the website, you must create a Member Account.

 

Eligible Members

 

You must be at least 18 years of age to access and use the Services. Any use of the Website or Service is void where prohibited. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent provision of the Services conflicts with any applicable law, rule, or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. By accessing and using the Website or Services, you represent and warrant that you have the right, authority and capacity to accept and abide by all of the Terms and Conditions.

 

Registration

 

In order to access certain Services, you must create a Member Account. You must provide accurate and complete information. You shall not: (i) use the name of another person with the intent to impersonate that person or (ii) use the name of a person other than you without appropriate authorization. You are solely responsible for the activity that occurs on your Member Account, and for keeping your Member Account password secure. You may never use another person’s Member Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Member Account. You should never publish, distribute or post login information for your Member Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

 

If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse your current or future use of the Service, as well as possibly subjecting you to criminal and civil liability.

 

You agree to (a) immediately notify us of any unauthorized use of your Member Account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Service through your Member Account. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify us against all activities conducted through your Member Account.

 

Placing an Order

 

To place an order through the Website, you must provide us with all required information. This may include, without limitation, your full name, shipping and billing address, date of birth, or payment information including but not limited to your credit card number, card verification number, and expiration date. Purchases may be executed via PayPal, or other third-party payment service providers that we may make available for your use. We are not responsible or liable for any activities or conduct of PayPal or other third-party service providers, and you agree to hold us harmless and expressly release us from any and all liability arising from or in connection with any products that are offered for sale via the Website. We reserve the right to deny any sales due to Website errors. In the event of a denied sale due to a Website error, you will be notified by phone or email and will receive a refund in full.

  

Delivery

 

Orders are usually shipped within 1 to 2 business days from date of order. Your order may be subject to government inspection, shipping delays, strikes, and other unforeseeable events, we therefore do not guarantee a specific delivery date, rather we provide you with an estimated date. Orders are shipped to the address provided at the time you place the order. We reserve the right to offer you an option for expedited shipping at an additional cost. Please note that additional local taxes may be applied.

 

The majority of items are shipped via FedEx Ground or UPS. Marc’s Mobility reserves the right to utilize specialized freight carries may be used for larger items. 

 

The risk of loss and title for all products you order passes to you upon our delivery to the carrier.

 

Payments and Transactions

 

We use third party payment platforms including but limited to, PayPal, CardPointe, and Clique to process credit and debit card transactions for your orders. You expressly understand and agree that we shall not be liable for any payments and monetary transactions that occur through your use of the Website. You expressly understand and agree that all payments and monetary transactions are handled by third parties. You agree that we shall not be liable for any issues regarding financial and monetary transactions between you and any other party. You are responsible for all transactions (one-time, recurring, and refunds) processed through the Website and/or third parties. We are not liable for loss or damage from errant or invalid transactions processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed. You must not process stolen credit cards, or unauthorized credit cards through the Website.

 

Marc's Mobility Return Policy

 

We want you to be fully satisfied with every item that you purchase from Marcsmobility.com. If you are not satisfied with a purchase, you may return most items within 30 days. The 30 days is calendar days and begins with the date of receipt of the product.   Please review our Return Policy below:

 

  1. All returns must be assigned an RA number and can only be obtained by contacting Marc's Mobility via phone (800-677-6293) or email ([email protected]) Items returned without an RA number will not be refunded to Customer.
  2. Most items can be returned except those listed below.  All returned items are subject to a 15% restocking fee and actual costs affiliated with shipping the product both to the customer and the return shipment to Marc's Mobility.
  3. All New products must be returned in their original packaging complete with all tags, instructions, and inserts and must be returned in the original condition that they were received by the consumer including no scratches, marks on the tires or any signs of usage. Used products are photographed before shipping and these products must be returned in the original condition that they were received by consumer including no additional scratches or any signs of excessive usage during the 30 day warranty period.  Contact Marc's Mobility for excessive usage information.

 

RETURN AUTHORIZATION NUMBER AND RETURN SHIPMENT:

Once an RA number is given, arrangements will be made between Customer, Marc's Mobility and shipping company for return of item. Customer is responsible for damage fees and all shipping and handling costs to return product to Marc's Mobility unless return of shipment was because of an error made on the part of Marc's Mobility.  Once the RA number and shipping provider information is assigned, Customer has 14 business days to return the item. Once the product is returned in accordance with above referenced return product condition, Customer will be credited purchase price less above referenced restocking and shipping costs within 14 business days and within 21 business days if customer paid by check or money order.   

 

CANCELLED ORDER:

Orders cancelled after an item has shipped will follow the same procedure as listed above in the

RETURN AUTHORIZATION NUMBER AND RETURN SHIPMENT.  Customer must receive shipment and then follow the steps for returning the shipment with an RA number.  Refused deliveries will result in Customer incurring all shipping costs (both shipment to customer and returned to Marc's Mobility) and a 25% restocking fee on all products and this amount will be reflected in the credit issued to Customer. 

 

NON RETURNABLE ITEMS:

Any item that has customized fabric, paint, dimensions, or accessories specific for Customer may not be returned.

  

Product Warranties

 

We warranty all used power chairs, scooters, and electric lifts for 30 days from delivery that do no function according to the manufacturer’s specifications. If there is a problem with a chair, you must first contact Marc’s Mobility at [email protected]. We reserve the right to repair the chair, or ship back the chair to Marc’s Mobility at our expense to be exchanged for another.

Warranty is void if the chair is damaged due to misuse, accident, or if the chair is used in any way that would not be covered under the terms listed in the manufacturers original warranty.

 

Monitoring and Removal of Content

 

We reserve the right, but have no obligation, to monitor any and all public postings, messages, or other content on the Service. We also reserve the right, but have no obligation, to monitor any and all messages and chats that take place through the Service. Notwithstanding our right to monitor content, we are not responsible for any offensive or obscene material(s) that may be transmitted or posted by any and all members (including unauthorized members, as well as the possibility of “hackers”).

 

Due to the volume of content on the Service, we do not and cannot review every message, content, or other information posted or sent through the Service. We are not responsible for any content of these messages or materials. We reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public or private postings and messages, that we, in our sole discretion, may deem to violate the these terms and conditions or to be otherwise unacceptable to us in our sole discretion. Notwithstanding our right to delete, move or edit messages or materials, you shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service or otherwise provide to members of the Service.

 

Notices and Restrictions

 

The Services may contain content specifically provided by us, our partners or our Members and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Services.

 

Use License

 

Subject to these Terms and Conditions, we grant each Member of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party right. Your license to use and access the Services and the content is automatically revoked if you violate these Terms and Conditions in a manner that violates our intellectual property rights. All rights not explicitly granted to you are reserved by us.

 

Warranties. You hereby represent and warrant that (i) your member content and the availability thereof through the Services does not and will not infringe or violate the rights of any third party, including without limitation any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information, (ii) you have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in any member content in order to include their name, voice, performance or likeness in any member content and to publish the same on the Services, and (iii) the storage, use or transmission of any member content does not violate any law or these Terms and Conditions.

 

General Permissions and Restrictions for Use of the Service

 

We hereby grant you permission to access and use the Service as set forth in these terms and conditions, provided that: (i) You agree not to distribute in any medium any part of the Service; (ii) You agree not to alter or modify any part of the Service; (iii) You agree not to access the Service through any technology or means other than explicitly authorized means we may designate; (iv) You agree not to use the Service for any of the following commercial uses: (a) the sale of access to the Service; (b) the sale of advertising, sponsorships, or promotions placed on or within the Service or content; or (c) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via the Service; (v) You agree to comply with all applicable laws, and further agree not to violate any applicable laws through use of the Service; and (vi) You agree not to violate any of the terms and conditions. We reserve the right to discontinue any aspect of the Service or terminate your Member Account at any time for any reason.

 

Code of Conduct and Further Restrictions on Use of our Service

 

In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of the Service: (i) the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to us, subject to copyright and other intellectual property rights under the law; (ii) content is provided to you AS IS. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without our prior written consent; (iii) You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (iv) You understand that when using the Service, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any Member content, that: (a) fails to comply with these Terms and Conditions; (b) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (c) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, offensive or is otherwise inappropriate as determined by us in our sole discretion; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (e) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (f) impersonates any person or entity, including any of our employees or representatives; or (g) includes anyone’s identification documents or sensitive financial information.

 

You further shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any content from the Services; (vii) otherwise take any action in violation of our guidelines and policies; (viii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any Applications), except to the limited extent applicable laws specifically prohibit such restriction, (ix) modify, translate, or otherwise create derivative works of any part of the Services, or (x) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

 

You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, pubic, private, personal, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.

 

Responsibility for Your Content and Conduct

 

If you chose to share your personal information, and other content (including communications) through the Service, you understand that we do not guarantee any confidentiality with respect to any content you submit. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Service pursuant to these terms and conditions. You further agree that content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. We do not endorse any content submitted to the Service by any member or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we reserve the right to remove all content if properly notified that such content infringes on another's intellectual property rights without prior notice.

 

Termination

 

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Member Account, you may do so by following the instructions on the Service. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, licenses of member content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Third Party Services

 

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, information, goods or services available on or through any such website or resource.

 

Additional Terms

 

Geographic Scope

 

While this Website may be viewed internationally, and may contain references to Services not available in all countries, you agree that: (i) the Service shall be deemed solely based in Florida; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Florida. We may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different members.

 

Electronic Communications

 

When you visit the Website, contact us through the Website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.

 

Acceptance of Modification of Terms and Conditions

 

You acknowledge and agree that we may amend any terms and conditions at any time by posting the relevant amended and restated terms and conditions on the Website.  By continuing to use the Service or the Website, you agree that the amended terms and conditions will apply to you. No further action will be required by us for your acceptance of the amended terms and conditions.

  

Proprietary Information

 

The Service contains information, which is proprietary to us and/or Members of the Service. We assert full copyright protection in the Service. Any information posted by us or Members of the Service may be protected whether or not it is identified as proprietary to us or to the Member. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

 

Limited License, Website Access, and Non-Commercial Use

 

We grant you a nonexclusive, nontransferable, revocable limited right and license to access and make personal use of the Service and the material provided hereon for your personal, noncommercial use, provided that you fully comply with the terms and conditions of use of the Service.  You agree not to download (other than page caching) or modify the Service, or any portion of it.

 

This license does not include any rights of resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form).  You may not use any metatags or any other “hidden text” utilizing our name or trade names, trademarks, or service marks. Any unauthorized use terminates the permission or license granted by us.

 

Service Descriptions

 

We attempt to be as accurate as possible when describing our Service on the Website. However, we do not warrant that service descriptions or other content of this website is accurate, complete, reliable, current, or error-free.

 

Copyright

 

All content included on the Service, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is our property and is protected by United States and international copyright laws.  The compilation of all content on this website is our exclusive property and is protected by U.S. and international copyright laws.  All software used on this website is our property or licensed to us and is protected by United States and international copyright laws. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Service.

 

Trademarks

 

We own of the following registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Website, including, without limitation, the following:

Marc's Mobility Logo

The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin may not be used in connection with any business, product, or service whose source is not ours, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits us, our Service.  All other trademarks, service marks, trade names, and logos not owned by us or its affiliates that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.  Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin displayed or contained in the Website.

 

Patents

 

One or more patents apply to the Website and to the features, products, and services accessible via the Website.  Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing patents, licensed patents, or the patentable inventions contained therein.

 

Copyright Complaints

 

We respect the intellectual property rights and personal information of others, and we ask our members to do the same. The following actions may be used to deter suspicious content: (a) Removal of personal information, including but not limited to, names, addresses, and property value; (b) Removal of content upon receipt of intellectual property infringement claim against the same from intellectual property right holders; (c) Written notification to Members responsible for content subject to intellectual property infringement claim; and/or (d) Termination of Member Account in respect of intellectual property infringement claims. In appropriate circumstances and in our discretion, we may terminate the rights of any member to use of the Website (or any part thereof) who infringes the intellectual property rights of others.

 

If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below:

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to our designated agent for notice of claims of copyright infringement on the Website at the following addresses:

  

Copyright Agent:

Marc’s Mobility, LLC

4367 Holden Road

Lakeland, FL 33811

 

Courier Address:

Marc’s Mobility

4367 Holden Road

Lakeland, FL 33811

 

Please note that this procedure is exclusively for notifying us that your copyrighted materials have been infringed.

 

All intellectual property infringement claims shall be made under penalty of perjury. Intellectual property right holders agrees to indemnify and hold us harmless from all claims, causes of action, damages and judgments arising out of any removal of product listings pursuant to intellectual property infringement claims.

 

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT

 

Disclaimer of Warranties and Limitation of Liability

 

The Website is provided by us on an “as is” and “as available” basis.  We make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website.  You expressly agree that your use of the Website is at your sole risk.

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVICES, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID FOR USE OF THE SERVICE, IF ANY.

 

AS SET FORTH ABOVE, WE ARE NOT LIABLE FOR INFORMATION OR ANY MEMBER INTERACTIONS, INCLUDING BUT NOT LIMITED TO, THE LEAK OR DISSEMINATION OF ANY PRIVATE INFORMATION OR CONFIDENTIAL FILES, MEMBER RECORDINGS, ANY CONTENT SHARED THROUGH SCREEN SHARING TECHNOLOGY (OR THROUGH ANY OTHER MEANS), OR ANY HARM CAUSED BY THE RECEIPT, DELIVERY, OR USE OF INFORMATION OR MALICIOUS FILES.

 

Certain state 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, exclusions, or limitations may not apply to you, and you might have additional rights.

 

Governing Law

 

This Service was developed in the United States of America in accordance with and shall be governed by the laws of the State of Florida, United States of America.  By using the Service, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and us.

 

Disputes

 

These terms and conditions and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of Florida, without regard to its conflict of law provisions. You agree that any and all controversies, disputes or claims arising out of your use of the Website, Services, or these terms and conditions shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association. The determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes). The arbitration shall be presided over by a single impartial independent arbitrator appointed by the AAA. The parties agree that the issue of arbitrability shall also be decided by such arbitrator. Each party shall bear its own costs in any arbitration. The arbitration provision contained herein shall be self-executing and shall remain in full force after expiration or termination of this Agreement. The place of arbitration shall be Polk County, Florida.

 

YOU WAIVE ANY RIGHT TO LITIGATE SUCH CONTROVERSIES, DISPUTES, OR CLAIMS IN A COURT OF LAW, AND WAIVE THE RIGHT TO TRIAL BY JURY. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY AND ALL DISPUTES OVER THE VALIDITY AND ARBITRABILITY OF ANY PART OF THIS AGREEMENT, AND ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY JOINING OUR WEBSITE OR CREATING A FREE PROFILE YOU SPECIFICALLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION OR CLAIM OR COLLECTIVE ACTION OR CLAIM YOU MAY HAVE AGAINST US, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATION OR JOINING ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT OR ANY OTHER PROCEEDING. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND US WILL BE LITIGATED INDIVIDUALLY AND THAT YOU WILL NOT CONSOLIDATE OR SEEK CLASS TREATMENT FOR ANY SUCH CLAIM. IF AT ANY TIME YOU ARE DEEMED A MEMBER OF ANY CLASS CREATED BY ANY COURT OR IN ANY OTHER PROCEEDING, YOU SHALL "OPT OUT" OF SUCH CLASS AT THE FIRST OPPORTUNITY, AND SHOULD ANY THIRD PARTY PURSUE ANY CLAIMS ON YOU’RE BEHALF YOU SHALL WAIVE YOUR RIGHTS TO ANY SUCH MONETARY RECOVERY.

 

Severability, Waiver, Assignment, and Merger

 

If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of our right to act with respect to subsequent or similar breaches. We shall have the right to assign the terms and conditions (including all of our rights, titles, benefits, interests, and obligations and duties in the terms and conditions to any person or entity. You may not assign, in whole or part, the terms and conditions to any person or entity. This constitutes the entire agreement between you and us and governs your use of the Website and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

 

Third Notice as to Modification

 

We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the Website, Service, and the terms and conditions at any time. You should check these terms and conditions periodically for changes. By using the Website after we post any changes to the terms and conditions, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these terms and conditions, you should not use the Website and, if applicable, you should arrange to cancel your member account with us.

 

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