IMPORT LEGAL DOCUMENT – PLEASE READ BEFORE USING THIS WEBSITE.
Effective Date: This Terms of Use Agreement (Agreement) was last updated on [10/09/2009].
This Agreement governs your use of our Website, TheAltruismMarketers.com (“Website”). The terms, “TheAltruismMarketers.com”, “we”, “us”, and “our” refer to TheAltruismMarketers.com the business as well as our Website. As a member of our Website, you (“Member”) agree to the terms and conditions as found in this Agreement. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at our Website. Your continued use of our Website after amendments are posted constitutes an acknowledgement and acceptance of this Agreement and its modifications. Except as provided in this paragraph, this Agreement will not be amended.
Description of Services
We use our Website and corresponding technologies to provide our Members with the ability to purchase electronic products and corresponding information about electronic products.
Disclaimer of Warranties.
Our Website is provided on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. We shall have no liability for any interruptions in the use of this Website. We disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, 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 MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR AFFILIATED PARTIES AND WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION. WE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE. WE DO NOT REPRESENT OR WARRANT THAT OUR CONTENT OR MATERIALS ON OUR WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT OUR WEBSITE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH OUR WEBSITE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
OUR AFFILIATED PARTIES AND WE 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 AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. OUR WEBSITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, ANY PLATFORM APPLICATIONS OR ANY OF OUR WEBSITE’S CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE, EVEN IF THE WE ARE AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE PURCHASE GIVING RISE TO LIABILITY.
Indemnification
Member agrees to indemnify and hold TheAltruismMarketers.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of our Website, the violation of this Agreement, or infringement by Member, or other user of our Website using Member’s computer, of any intellectual property or any other right of any person or entity.
Members Account
We have sole discretion in determining whether to accept a Member to our Website and may refuse membership to our Website to anyone without the need to provide explanation. We have no liability whatsoever for such refusal. We are not responsible for determining the age of its users and have no liability whatsoever should a minor use our Website but would otherwise be prohibited due to the minor’s age. All Members of our Website will receive a password and an account. Members are entirely responsible for any and all activities that occur under their account whether authorized or not authorized. Member agrees to notify us of any unauthorized use of their account or any other breach of security known or should be known to the Member. Member’s right to use our Website is solely limited to the Member. Member agrees not to resell or make any commercial use of our Website without our express written consent.
Modifications and Interruption to Services
We reserve the right to modify or discontinue access to our Website with or without notice to the Member. We are not liable to Member or any third party should we exercise this right. Member acknowledges and accepts that we do not guarantee continuous, uninterrupted or secure access to our Website as the operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our Website may include links to other websites that are owned and operated by online merchants and other third parties. Member acknowledges that we are not responsible for anything having to do with such websites, including, but not limited to, legal documents, business practices, and content. You should contact the site administrator or webmaster of such websites if you have any concerns regarding such websites.
Content Disclaimer
While we make every effort to ensure that the information on our Website is accurate, we make no warranties nor are we liable for any content provide on our Website, including but limited to, product specifications and other information provided by third parties, and information collected from publicly available sources.
We make no warranties or representations whatsoever with regard to any product or service and corresponding information offered through our Website. Member understands and agree that Member’s use of such products and services and reliance on such information is solely at Member’s own risk and liability.
Governing Law
Our Website is operated subject to the laws of the State of New York and such laws govern this Agreement and Member’s use of our Website, without giving effect to any choice of law rules. We make no representation that our Website or other services are appropriate, legal or available for use in any other locations. By accessing and using our Website, Member agrees to personal jurisdiction in the State of New York USA and agrees to be subject to its laws.
Compliance with Laws.
Member shall be responsible for all compliance with any applicable state, federal, or international laws, regulations or other government requirements. Member may not use our Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Furthermore, Member agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any state, federal, or international laws, regulations or other government requirements.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements are the sole and exclusive property of TheAltruismMarketers.com. We reserve all intellectual property rights including, but not limited to trademarks, copyrights, and patents. Any use of the materials on our Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of TheAltruismMarketers.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy any of our web content without prior written permission of an authorized officer of TheAltruismMarketers.com. TheAltruismMarketers.com™ is a trademark of TheAltruismMarketers.com. Our trademark may not be used in connection with any product or service that we do not provide, in any manner that is likely to cause confusion among consumers, customers, or in any manner that disparages or discredits our trademark or TheAltruismMarketers.com. All other trademarks displayed on our Website are the trademarks of their respective owners, and do not constitute our endorsement or recommendation of such entities nor their endorsement or recommendation of TheAltruismMarketers.com.
Notification of Claimed Copyright Infringement
We follow the “safe harbor” provisions of the Digital Millennium Copyright Act (“DMCA”). If you believe any material as found on our Website violates your copyright, please contact us at support@TheAltruismMarketers.com.
Other Terms
If a competent court finds any provision of this Agreement to be unlawful, void or unenforceable for any reason, the other provisions and any partially enforceable provisions shall still remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by TheAltruismMarketers.com, in our sole discretion, to a third party in the event of a sale, merger, or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to Member. Member agrees that by accepting this Agreement, Member consents to be bound by our Privacy Policy and other guidelines as posted on our Website.
Cancellation of Subscriptions
Member understands that Member may cancel their subscription at anytime, however, Member understands and agrees that there will be no refunds for any charges already processed prior to cancellation. Member understands and agrees that TheAltruismMarketers.com uses PayPal as an outside billing source and that Member must cancel their subscription through the instructions as found on PayPal’s website.
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