Terms of Use
Welcome to our
website (the “Website”). The
following agreement (the “Agreement”) contains the
terms
and conditions that govern your use of the Website. Your use of the
Website constitutes acceptance of the terms of this Agreement.
If you do not agree with any of
these terms, do not access or otherwise use the Website or any
information or materials contained on Website. Your use of Website
shall be deemed to be your agreement to abide by each of the terms set
forth below.
Site Hoarders.com
owns and operates Website and reserves
the right to add, delete, and/or modify any of the terms and conditions
contained in this Agreement, at any time and in its sole discretion, by
posting a change notice or a new agreement on the Website. In the event
of substantive changes to this Agreement, the new terms will be posted
to the Website and you may also be notified by email. If any
modification is unacceptable to you, your only recourse is not to use
the Website. Your continued use of the Website following posting of a
change notice or new Agreement on the Website will constitute binding
acceptance of the changes.
1. Use of the
Website
1.1.
Eligibility. We will only knowingly
provide the Website to parties that can lawfully enter into and form
contracts under applicable law. The Website is not for children under
the age of 18 and any such use is prohibited.
1.2.
Compliance with the Agreement and
Applicable Law. You must comply with all of the terms and conditions of
this Agreement, the applicable agreements and policies referred to
below, and all applicable laws, regulations, and rules when you use
Website.
1.3.
Your License to Use the Web Site and
the Website Service.
1.3.1.
Site Hoarders owns or licenses all
intellectual property and other rights, title, and interest in and to
Website, and the materials accessible on and/or through Website. For
example, and without limitation, Site Hoarders owns trademarks,
copyrights, and certain technology used in providing the Website. You
will not acquire any right, title or interest therein under this
Agreement or otherwise unless expressly provided for herein. You may
not use any Site Hoarders-owned and/or Site Hoarders-licensed
trademark, copyright protected work, picture, video, or likeness of any
SiteHoarders-employee.
1.3.2. Site Hoarders and United Imaging LLC
grants you a limited revocable
license to access and use the Website–and any products or
services you purchase on the Website—for its intended
purposes,
subject to your compliance with this Agreement. This license does not
include the right to collect or use information for purposes prohibited
by SiteHoarders or to compete with SiteHoarders. If you use Website in
a manner that exceeds the scope of this license or breaches any
relevant agreement, SiteHoarders may revoke the license granted to you.
1.4.
Third-Party Services. SiteHoarders may
provide links on Website to other websites that are not affiliated
with, under the control of, or otherwise maintained by SiteHoarders,
and may use third parties to provide certain services accessible
through Website. SiteHoarders does not control those third parties or
their services, and you agree that SiteHoarders will not be liable to
you in any way for your use of such services. SiteHoarders does not
endorse or make any representations or warranties about third party
sites or any information, software, or other products or services found
there.
2. General Rules
2.1.
Prohibited Use. You may not cause harm
to Website. Specifically, but not by way of limitation, you may not:
(i) interfere with Website by using viruses or any other programs or
technology designed to disrupt or damage any software or hardware; (ii)
modify, create derivative works from, reverse engineer, decompile or
disassemble any technology used to provide Website; (iii) use a robot,
spider or other device or process to monitor the activity on or copy
pages from the Website, except in the operation or use of an internet
“search engine”, hit counters or similar
technology; (iv)
collect electronic mail addresses or other information from third
parties by using the Website; (v) impersonate another person or entity;
(vi) engage in any activity that interferes with another
user’s
ability to use or enjoy Website; (vii) assist or encourage any third
party in engaging in any activity prohibited by this Agreement; (viii)
co-brand the Website; (ix) frame the Website; (x) hyper-link to the
Website, without the express prior written permission of an authorized
representative of SiteHoarders; (xi) use the Website or purchase any
product from the Website in Illinois, Wyoming, South Dakota, or any
other locality in which such activities are inconsistent with
applicable laws and/or regulations; or (xii) use any trademark owned
and/or licensed by SiteHoarders.
2.2.
Privacy Policy. By entering into this
Agreement, you agree to Site Hoarders collection, use, and disclosure
of
your personal information in accordance with the Privacy Policy in
effect at the time you provided us with your personal information.
2.3.
Ordering Policies. If you purchase any
SiteHoarders product and/or service, you agree that your use of the
product or service is limited by this Agreement as well.
3. Reservation of
Rights
3.1.
Monitoring. SiteHoarders reserves the
right, but does not assume the obligation, to monitor transactions and
communications that occur through the Website. If SiteHoarders
determines, in its sole and absolute discretion, that you or another
Website user has or will breach a term or condition of this Agreement
or that such transaction or communication is inappropriate,
SiteHoarders may cancel such transaction or take any other action to
restrict access to or the availability of any material that may be
considered objectionable, without any liability to you or any third
party.
3.2.
Modification of the Service.
SiteHoarders may modify Website and/or the Website Service at any time
with or without notice to you, and will incur no liability for doing so.
4. Representations
and Warranties
4.1.
Mutual Representations and Warranties.
Each party represents to the other that: (i) the party has the full
power and authority to enter into and perform under this Agreement,
(ii) execution and performance of this Agreement does not constitute a
breach of, or conflict with, any other agreement or arrangement by
which the party is bound, and (iii) the terms of this Agreement are a
legal, valid, and binding obligation of the party entering into this
Agreement, enforceable in accordance with these terms and conditions.
4.2.
By You. You represent and warrant to
Site Hoarders that, in your use of the Website, you: (i) will not
infringe the copyright, trademark, patent, trade secret, right of
privacy, right of publicity or other legal right of any third party;
(ii) will comply with all applicable laws, rules, and regulations;
(iii) will not disrupt or damage any software or hardware; and (iv)
will provide correct, current, and complete billing and contact
information.
5. Disclaimers and
Exclusions
5.1.
DISCLAIMER OF WARRANTIES. SiteHoarders
PROVIDES THE WEBSITE, ALL CONTENT, AND ALL SITEHOARDERS.com PRODUCTS ON
AN
“AS
IS” AND “AS AVAILABLE” BASIS.
CARBONCOPYPRO DOES NOT
REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR USE, OR ANY
SiteHoarders PRODUCT OR USE THEREOF: (i) WILL BE UNINTERRUPTED, (ii)
WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR
REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE
HARDWARE OR SOFTWARE YOU USE. Site Hoarders MAKES NO WARRANTIES OTHER
THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY
AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
5.2.
EXCLUSION OF DAMAGES. SITEHOARDERS
WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES
RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT
OF, RELATING TO OR CONNECTED WITH THE USE OF WEBSITE AND/OR ANY
SITEHOARDERS.com
PRODUCT, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
5.3.
LIMITATION OF LIABILITY. IN NO EVENT
WILL CARBONCOPYPRO’S LIABILITY IN CONNECTION WITH YOUR USE OF
WEBSITE, ITS CONTENT, OR ANY PRO PRODUCT EXCEED THE LESSER OF (i) THE
AMOUNT PAID TO SITEHOARDERS BY YOU DURING THE SIX MONTHS IMMEDIATELY
PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR (ii) ONE
HUNDRED DOLLARS ($100).
6. Indemnification
6.1.
You must indemnify and hold
SiteHoarders and its employees, representatives, agents, affiliates,
directors, officers, managers and shareholders (the
“Parties”) harmless from any damage, loss, or
expense
(including without limitation, attorneys’ fees and costs)
incurred in connection with any third-party claim, demand or action
(“Claim”) brought against any of the Parties
alleging that
you have breached any of provision in this Agreement through any act or
omission. If you have to indemnify SITEHOARDERS under this section,
SITEHOARDERS will
have the right to control the defense, settlement, and resolution of
any Claim at your sole expense. You may not settle or otherwise resolve
any Claim without SiteHoarders’s express written permission.
7. Termination
7.1.
Survival. Upon termination, your
license to use Website shall terminate and the remainder of this
Agreement shall survive indefinitely unless and until SITEHOARDERS
chooses to terminate them.
8. Notice
8.1.
All notices required or permitted to
be given under this Agreement will be in writing and delivered to the
other party by any of the following methods: (i) U.S. mail, (ii)
overnight courier, or (iii) electronic mail. If you give notice to
SiteHoarders, you must use the following addresses: SiteHoarders, 100
Warwick Tpke Warwick, NY 10990. If SiteHoarders
provides notice to you, SiteHoarders will use the contact information
provided by you to SiteHoarders. All notices will be deemed received as
follows: (i) if by delivery by U.S. mail, seven (7) business days after
dispatch, (ii) if by overnight courier, on the date receipt is
confirmed by such courier service, or (iii) if by electronic mail, 24
hours after the message was sent, if no “system
error” or
other notice of non-delivery is generated. If applicable law requires
that a given communication be “in writing,” you
agree that
email communication will satisfy this requirement.
9. Miscellaneous
9.1.
This Agreement will be binding upon
each party hereto and its successors and permitted assigns, and
governed by and construed in accordance with the laws of the State of
California without reference to conflict of law principles. This
Agreement will not be assignable or transferable by you without the
prior written consent of SiteHoarders. This Agreement (including all of
the policies and other Agreements described in this Agreement, which
are hereby incorporated herein by this reference) contain the entire
understanding of the parties regarding its subject matter, and
supersedes all prior and contemporaneous agreements and understandings
between the parties regarding its subject matter. No failure or delay
by a party in exercising any right, power or privilege under this
Agreement will operate as a waiver thereof, nor will any single or
partial exercise of any right, power or privilege preclude any other or
further exercise thereof or the exercise of any other such right,
power, or privilege. Any rights not expressly granted herein are
reserved. You and SiteHoarders are independent contractors, and no
agency, partnership, joint venture, or employee-employer relationship
is intended or created by this Agreement. The invalidity or
unenforceability of any provision of this Agreement will not affect the
validity or enforceability of any other provision of this Agreement,
all of which will remain in full force and effect. This agreement is
governed by the laws of the State of California without giving effect
to its conflict of law provisions. You hereby submit to the exclusive
jurisdiction of the courts located in the County of San Diego, State of
California, United States of America, for any dispute arising from
and/or relating to this Agreement and agree that any and all such
actions may only be brought before a court located in the County of San
Diego, State of California, United States of America. If any action at
law or in equity is necessary to enforce the terms of this Agreement,
the prevailing party shall be entitled to reasonable
attorneys’
fees and costs, in addition to any other relief to which the party may
be entitled.
9.2.
If you have questions or concerns
regarding this Agreement, contact us by e-mailing support "at"
info@sitehoarders.com and writing “Agreement” in
the
subject line.