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Conditions of Use
Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE. We maintain this web site as a service to our
customers, and by using our site you are agreeing to comply with and be bound by
the following terms of use. Please review the following terms and conditions
carefully, and check them periodically for changes. If you do not agree to the
terms and conditions, you should not review information or obtain goods,
services or products from this site.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER IN
ORDER TO PARTICIPATE ON OUR SITE.
- Acceptance of Agreement. You agree to
the terms and conditions outlined in this Terms and Conditions of use
Agreement ("Agreement") with respect to our site (the "Site"). This Agreement
constitutes the entire and only agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended by us at any time and from time to time without
specific notice to you. The latest Agreement will be posted on the Site, and
you should review this Agreement prior to using the Site.
- Copyright. The content, organization,
graphics, design, compilation, magnetic translation, digital conversion and
other matters related to the Site are protected under applicable copyrights,
trademarks, registered trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
allowed by Section 4, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the Site.
The posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials.
- Limited Right to Use. The viewing,
printing or downloading of any content, graphic, form or document from the
Site grants you only a limited, nonexclusive license for use solely by you for
your own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of any
content, form or document may be reproduced in any form or incorporated into
any information retrieval system, electronic or mechanical, other than for
your personal use (but not for resale or redistribution).
- Editing, Deleting and Modification. We
reserve the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site, including this Agreement,
without further notice to users of the Site.
- Indemnification. You agree to
indemnify, defend and hold us and our partners, attorneys, staff and
affiliates (collectively, "Affiliated Parties") harmless from any liability,
loss, claim and expense, including reasonable attorney's fees, related to your
violation of this Agreement or use of the Site.
- Nontransferable. Your right to use the
Site is not transferable. Any password or right given to you to obtain
information or documents is not transferable and may only be used by you.
- Disclaimer. THE INFORMATION FROM OR
THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT
AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limits. All responsibility or
liability for any damages caused by viruses contained within the electronic
file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO
YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY
RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you
under all circumstances will be equal to the purchase price you pay for any
goods, services or information.
- Use of Information. We reserve the
right, and you authorize us, to the use and assignment of all information
regarding Site uses by you and all information provided by you in any manner
consistent with our Privacy Policy.
- Third-Party Services. We allow access
to or advertise third-party merchant sites ("Merchants") from which you may
purchase or otherwise obtain certain goods or services. You understand that we
do not operate or control the products or services offered by Merchants.
Merchants are responsible for all aspects of order processing, fulfillment,
billing and customer service. We are not a party to the transactions entered
into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT
YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR
ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party Merchant Policies. All
rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on such sites. We are not responsible for
information provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations or
commitments on behalf of the other.
- Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this
Agreement.
- Payments. You represent and warrant
that if you are purchasing something from us or from our Merchants that (i)
any credit card information you supply is true, correct and complete, (i)
charges incurred by you will be honored by your credit card company, and (iii)
you will pay the charges incurred by you at the posted prices, including any
shipping fees and applicable taxes.
- Securities Laws. This Site may include
statements concerning our operations, prospects, strategies, financial
condition, future economic performance and demand for our products or
services, as well as our intentions, plans and objectives, that are
forward-looking statements. These statements are based upon a number of
assumptions and estimates which are subject to significant uncertainties, many
of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends"
and similar expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not constitute
an offer or a solicitation of an offer for sale of any securities. None of the
information contained herein is intended to be, and shall not be deemed to be,
incorporated into any of our securities-related filings or documents.
- Links to Other Web Sites. The Site
contains links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site and
access these third-party sites, you do so at your own risk.
- Submissions. All suggestions, ideas,
notes, concepts and other information you may from time to time send to us
(collectively, "Submissions") shall be deemed and shall remain our sole
property and shall not be subject to any obligation of confidence on our part.
Without limiting the foregoing, we shall be deemed to own all known and
hereafter existing rights of every kind and nature regarding the Submissions
and shall be entitled to unrestricted use of the Submissions for any purpose,
without compensation to the provider of the Submissions.
- Venue; Applicable Law. YOU AGREE THAT
ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS
AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU
THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF PIMA
COUNTY, ARIZONA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT
OF ARIZONA . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN
ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH
COURTS, AND ARE WAIVING ANY CLAIM THAT TUCSON, ARIZONA OR THE
DISTRICT OF ARIZONA IS AN INCONVENIENT FORUM OR AN IMPROPER
FORUM BASED ON LACK OF VENUE. This site is created and controlled by
SPECIALTY ENTERPRISES, in the State of ARIZONA, USA. As
such, the laws of ARIZONA will govern the terms and conditions
contained in this Agreement and elsewhere throughout the Site, without giving
effect to any principles of conflicts of laws.
- Verify Members' Address:
SPECIALTY ENTERPRISES reserves the right to contact a Member via email
to verify the accuracy of account information (including the Member's correct
name and address) that is needed to provide the Member with the information he
or she requested from SPECIALTY ENTERPRISES.
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