OUR WEBSITE

TERMS AND CONDITIONS



AGREEMENT TO TERMS


These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [https://armymarket.sg] (“we,” “us” or “our”), concerning your access to and use of the [https://armymarket.sg ] website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

 

You agree that by accessing the Site, you have

read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are

expressly prohibited from using the Site and you must discontinue use

immediately.

 

Supplemental terms and conditions or documents

that may be posted on the Site from time to time are hereby expressly

incorporated herein by reference. We reserve the right, in our sole discretion,

to make changes or modifications to these Terms and Conditions at any time and

for any reason.

 

We will alert you about any changes by updating

the “Last updated” date of these Terms and Conditions, and you waive any right

to receive specific notice of each such change.

 

 

 

 

It is your responsibility to periodically review

these Terms and Conditions to stay informed of updates. You will be subject to,

and will be deemed to have been made aware of and to have accepted, the changes

in any revised Terms and Conditions by your continued use of the Site after the

date such revised Terms and Conditions are posted.

 

The information provided on the Site is not

intended for distribution to or use by any person or entity in any jurisdiction

or country where such distribution or use would be contrary to law or

regulation or which would subject us to any registration requirement within

such jurisdiction or country.

 

Accordingly, those persons who choose to access

the Site from other locations do so on their own initiative and are solely

responsible for compliance with local laws, if and to the extent local laws are

applicable. 

 

These terms and

conditions were created using Termly.

 

Option 1: The Site is intended for users who are

at least 18 years old. Persons under the age of 18 are not permitted to

register for the Site.

 

Option 2: [The Site is intended for users who

are at least 13 years of age.] All users who are minors in the jurisdiction in

which they reside (generally under the age of 18) must have the permission of,

and be directly supervised by, their parent or guardian to use the Site. If you

are a minor, you must have your parent or guardian read and agree to these Terms

and Conditions prior to you using the Site.

 

INTELLECTUAL PROPERTY RIGHTS


Unless otherwise indicated, the Site is our

proprietary property and all source code, databases, functionality, software,

website designs, audio, video, text, photographs, and graphics on the Site

(collectively, the “Content”) and the trademarks, service marks, and logos

contained therein (the “Marks”) are owned or controlled by us or licensed to

us, and are protected by copyright and trademark laws and various other

intellectual property rights and unfair competition laws of the United States,

foreign jurisdictions, and international conventions.

 

The Content and the Marks are provided on the

Site “AS IS” for your information and personal use only. Except as expressly

provided in these Terms and Conditions, no part of the Site and no Content or

Marks may be copied, reproduced, aggregated, republished, uploaded, posted,

publicly displayed, encoded, translated, transmitted, distributed, sold,

licensed, or otherwise exploited for any commercial purpose whatsoever, without

our express prior written permission.

 

Provided that you are eligible to use the Site,

you are granted a limited license to access and use the Site and to download or

print a copy of any portion of the Content to which you have properly gained

access solely for your personal, non-commercial use. We reserve all rights not

expressly granted to you in and to the Site, the Content and the Marks.

 

USER REPRESENTATIONS


By using the Site, you represent and warrant

that:

 

[(1) all registration information you submit

will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and

promptly update such registration information as necessary;]

 

(3) you have the legal capacity and you agree to

comply with these Terms and Conditions;

 

[(4) you are not under the age of 13;]

 

(5) not a minor in the jurisdiction in which you

reside[, or if a minor, you have received parental permission to use the Site];

 

(6) you will not access the Site through

automated or non-human means, whether through a bot, script, or otherwise;

 

(7) you will not use the Site for any illegal or

unauthorized purpose;

 

(8) your use of the Site will not violate any

applicable law or regulation.

 

If you provide any information that is untrue,

inaccurate, not current, or incomplete, we have the right to suspend or

terminate your account and refuse any and all current or future use of the Site

(or any portion thereof).

 

USER REGISTRATION


You may be required to register with the Site.

You agree to keep your password confidential and will be responsible for all

use of your account and password. We reserve the right to remove, reclaim, or

change a username you select if we determine, in our sole discretion, that such

username is inappropriate, obscene, or otherwise objectionable.

 

PROHIBITED ACTIVITIES


You may not access or use the Site for any

purpose other than that for which we make the Site available. The Site may not

be used in connection with any commercial endeavors except those that are

specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

 

1.      systematically

retrieve data or other content from the Site to create or compile, directly or

indirectly, a collection, compilation, database, or directory without written

permission from us.

2.      make any

unauthorized use of the Site, including collecting usernames and/or email

addresses of users by electronic or other means for the purpose of sending

unsolicited email, or creating user accounts by automated means or under false

pretenses.

3.      use a

buying agent or purchasing agent to make purchases on the Site.

4.      use the

Site to advertise or offer to sell goods and services.

5.      circumvent,

disable, or otherwise interfere with security-related features of the Site,

including features that prevent or restrict the use or copying of any Content

or enforce limitations on the use of the Site and/or the Content contained

therein.

6.      engage in

unauthorized framing of or linking to the Site.

7.      trick,

defraud, or mislead us and other users, especially in any attempt to learn

sensitive account information such as user passwords;

8.      make

improper use of our support services or submit false reports of abuse or

misconduct.

9.      engage in

any automated use of the system, such as using scripts to send comments or

messages, or using any data mining, robots, or similar data gathering and

extraction tools.

10.   interfere

with, disrupt, or create an undue burden on the Site or the networks or

services connected to the Site.

11.   attempt to

impersonate another user or person or use the username of another user.

12.   sell or

otherwise transfer your profile.

13.   use any

information obtained from the Site in order to harass, abuse, or harm another

person.

14.   use the

Site as part of any effort to compete with us or otherwise use the Site and/or

the Content for any revenue-generating endeavor or commercial enterprise.

15.   decipher,

decompile, disassemble, or reverse engineer any of the software comprising or

in any way making up a part of the Site.

16.   attempt to

bypass any measures of the Site designed to prevent or restrict access to the

Site, or any portion of the Site.

17.   harass,

annoy, intimidate, or threaten any of our employees or agents engaged in

providing any portion of the Site to you.

18.   delete the

copyright or other proprietary rights notice from any Content.

19.   copy or

adapt the Site’s software, including but not limited to Flash, PHP, HTML,

JavaScript, or other code.

20.   upload or

transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other

material, including excessive use of capital letters and spamming (continuous

posting of repetitive text), that interferes with any party’s uninterrupted use

and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes

with the use, features, functions, operation, or maintenance of the Site.

21.   upload or

transmit (or attempt to upload or to transmit) any material that acts as a

passive or active information collection or transmission mechanism, including

without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels,

web bugs, cookies, or other similar devices (sometimes referred to as “spyware”

or “passive collection mechanisms” or “pcms”).

22.   except as

may be the result of standard search engine or Internet browser usage, use,

launch, develop, or distribute any automated system, including without

limitation, any spider, robot, cheat utility, scraper, or offline reader that

accesses the Site, or using or launching any unauthorized script or other

software.

23.   disparage,

tarnish, or otherwise harm, in our opinion, us and/or the Site.

24.   use the

Site in a manner inconsistent with any applicable laws or regulations.

25.   [other]

 

USER GENERATED CONTRIBUTIONS

 

The Site may invite you to chat, contribute to,

or participate in blogs, message boards, online forums, and other

functionality, and may provide you with the opportunity to create, submit,

post, display, transmit, perform, publish, distribute, or broadcast content and

materials to us or on the Site, including but not limited to text, writings,

video, audio, photographs, graphics, comments, suggestions, or personal

information or other material (collectively, "Contributions").

 

Contributions may be viewable by other users of

the Site and through third-party websites. As such, any Contributions you

transmit may be treated as non-confidential and non-proprietary. When you

create or make available any Contributions, you thereby represent and warrant

that:

 

1.     the

creation, distribution, transmission, public display, or performance, and the

accessing, downloading, or copying of your Contributions do not and will not

infringe the proprietary rights, including but not limited to the copyright,

patent, trademark, trade secret, or moral rights of any third party.

2.     you are

the creator and owner of or have the necessary licenses, rights, consents,

releases, and permissions to use and to authorize us, the Site, and other users

of the Site to use your Contributions in any manner contemplated by the Site

and these Terms and Conditions.

3.     you have

the written consent, release, and/or permission of each and every identifiable

individual person in your Contributions to use the name or likeness of each and

every such identifiable individual person to enable inclusion and use of your

Contributions in any manner contemplated by the Site and these Terms and

Conditions.

4.     your

Contributions are not false, inaccurate, or misleading.

5.     your

Contributions are not unsolicited or unauthorized advertising, promotional

materials, pyramid schemes, chain letters, spam, mass mailings, or other forms

of solicitation.

6.     your

Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,

libelous, slanderous, or otherwise objectionable (as determined by us).

7.     your

Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8.     your

Contributions do not advocate the violent overthrow of any government or

incite, encourage, or threaten physical harm against another.

9.     your

Contributions do not violate any applicable law, regulation, or rule.

10. your Contributions

do not violate the privacy or publicity rights of any third party.

11. your

Contributions do not contain any material that solicits personal information

from anyone under the age of 18 or exploits people under the age of 18 in a

sexual or violent manner.

12. your

Contributions do not violate any federal or state law concerning child

pornography, or otherwise intended to protect the health or well-being of

minors;

13. your

Contributions do not include any offensive comments that are connected to race,

national origin, gender, sexual preference, or physical handicap.

14. your

Contributions do not otherwise violate, or link to material that violates, any

provision of these Terms and Conditions, or any applicable law or regulation.

 

Any use of the Site in violation of the

foregoing violates these Terms and Conditions and may result in, among other

things, termination or suspension of your rights to use the Site.

 

CONTRIBUTION LICENSE


By posting your Contributions to any part of the

Site [or making Contributions accessible to the Site by linking your account

from the Site to any of your social networking accounts], you automatically

grant, and you represent and warrant that you have the right to grant, to us an

unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,

royalty-free, fully-paid, worldwide right, and license to host, use, copy,

reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,

cache, publicly perform, publicly display, reformat, translate, transmit,

excerpt (in whole or in part), and distribute such Contributions (including,

without limitation, your image and voice) for any purpose, commercial,

advertising, or otherwise, and to prepare derivative works of, or incorporate

into other works, such Contributions, and grant and authorize sublicenses of

the foregoing. The use and distribution may occur in any media formats and

through any media channels.

 

This license will apply to any form, media, or

technology now known or hereafter developed, and includes our use of your name,

company name, and franchise name, as applicable, and any of the trademarks,

service marks, trade names, logos, and personal and commercial images you

provide. You waive all moral rights in your Contributions, and you warrant that

moral rights have not otherwise been asserted in your Contributions.

 

We do not assert any ownership over your

Contributions. You retain full ownership of all of your Contributions and any

intellectual property rights or other proprietary rights associated with your

Contributions. We are not liable for any statements or representations in your

Contributions provided by you in any area on the Site.

 

You are solely responsible for your

Contributions to the Site and you expressly agree to exonerate us from any and

all responsibility and to refrain from any legal action against us regarding

your Contributions.  

 

We have the right, in our sole and absolute

discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to

re-categorize any Contributions to place them in more appropriate locations on

the Site; and (3) to pre-screen or delete any Contributions at any time and for

any reason, without notice. We have no obligation to monitor your

Contributions.

  

GUIDELINES FOR REVIEWS


We may provide you areas on the Site to leave

reviews or ratings. When posting a review, you must comply with the following

criteria:

 

(1) you should have firsthand experience with

the person/entity being reviewed;

 

(2) your reviews should not contain offensive

profanity, or abusive, racist, offensive, or hate language;

 

(3) your reviews should not contain

discriminatory references based on religion, race, gender, national origin,

age, marital status, sexual orientation, or disability;

 

(4) your reviews should not contain references

to illegal activity;

 

(5) you should not be affiliated with

competitors if posting negative reviews;

 

(6) you should not make any conclusions as to

the legality of conduct;

 

(7) you may not post any false or misleading

statements;

 

(8) you may not organize a campaign encouraging

others to post reviews, whether positive or negative.

 

We may accept, reject, or remove reviews in our

sole discretion. We have absolutely no obligation to screen reviews or to

delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews

are not endorsed by us, and do not necessarily represent our opinions or the

views of any of our affiliates or partners.

 

We do not assume liability for any review or for

any claims, liabilities, or losses resulting from any review. By posting a

review, you hereby grant to us a perpetual, non-exclusive, worldwide,

royalty-free, fully-paid, assignable, and sublicensable right and license to

reproduce, modify, translate, transmit by any means, display, perform, and/or

distribute all content relating to reviews.

  

MOBILE APPLICATION LICENSE

 

Use License

If you access the Site via a mobile application,

then we grant you a revocable, non-exclusive, non-transferable, limited right

to install and use the mobile application on wireless electronic devices owned

or controlled by you, and to access and use the mobile application on such

devices strictly in accordance with the terms and conditions of this mobile application

license contained in these Terms and Conditions.

 

You shall not:

 

(1) decompile, reverse engineer, disassemble,

attempt to derive the source code of, or decrypt the application;

 

(2) make any modification, adaptation,

improvement, enhancement, translation, or derivative work from the application;

 

(3) violate any applicable laws, rules, or

regulations in connection with your access or use of the application;

 

(4) remove, alter, or obscure any proprietary

notice (including any notice of copyright or trademark) posted by us or the

licensors of the application;

 

(5) use the application for any revenue

generating endeavor, commercial enterprise, or other purpose for which it is

not designed or intended;

 

(6) make the application available over a

network or other environment permitting access or use by multiple devices or

users at the same time;

 

(7) use the application for creating a product,

service, or software that is, directly or indirectly, competitive with or in

any way a substitute for the application;

 

(8) use the application to send automated

queries to any website or to send any unsolicited commercial e-mail;

 

(9) use any proprietary information or any of

our interfaces or our other intellectual property in the design, development,

manufacture, licensing, or distribution of any applications, accessories, or

devices for use with the application.

 

Apple and Android Devices

The following terms apply when you use a mobile

application obtained from either the Apple Store or Google Play (each an “App

Distributor”) to access the Site:

 

(1) the license granted to you for our mobile

application is limited to a non-transferable license to use the application on

a device that utilizes the Apple iOS or Android operating systems, as

applicable, and in accordance with the usage rules set forth in the applicable

App Distributor’s terms of service;

 

(2) we are responsible for providing any

maintenance and support services with respect to the mobile application as

specified in the terms and conditions of this mobile application license

contained in these Terms and Conditions or as otherwise required under

applicable law, and you acknowledge that each App Distributor has no obligation

whatsoever to furnish any maintenance and support services with respect to the

mobile application;

 

(3) in the event of any failure of the mobile

application to conform to any applicable warranty, you may notify the

applicable App Distributor, and the App Distributor, in accordance with its

terms and policies, may refund the purchase price, if any, paid for the mobile

application, and to the maximum extent permitted by applicable law, the App

Distributor will have no other warranty obligation whatsoever with respect to

the mobile application;

 

(4) you represent and warrant that (i) you are

not located in a country that is subject to a U.S. government embargo, or that

has been designated by the U.S. government as a “terrorist supporting” country

and (ii) you are not listed on any U.S. government list of prohibited or

restricted parties;

 

(5) you must comply with applicable third-party

terms of agreement when using the mobile application, e.g., if you have a VoIP

application, then you must not be in violation of their wireless data service

agreement when using the mobile application;

 

6) you acknowledge and agree that the App

Distributors are third-party beneficiaries of the terms and conditions in this

mobile application license contained in these Terms and Conditions, and that

each App Distributor will have the right (and will be deemed to have accepted

the right) to enforce the terms and conditions in this mobile application

license contained in these Terms and Conditions against you as a third-party

beneficiary thereof. 

 

SOCIAL MEDIA


As part of the functionality of the Site, you

may link your account with online accounts you have with third-party service

providers (each such account, a “Third-Party Account”) by either: (1) providing

your Third-Party Account login information through the Site; or (2) allowing us

to access your Third-Party Account, as is permitted under the applicable terms

and conditions that govern your use of each Third-Party Account.

 

You represent and warrant that you are entitled

to disclose your Third-Party Account login information to us and/or grant us

access to your Third-Party Account, without breach by you of any of the terms

and conditions that govern your use of the applicable Third-Party Account, and

without obligating us to pay any fees or making us subject to any usage

limitations imposed by the third-party service provider of the Third-Party

Account.

 

By granting us access to any Third-Party

Accounts, you understand that (1) we may access, make available, and store (if

applicable) any content that you have provided to and stored in your Third-Party

Account (the “Social Network Content”) so that it is available on and through

the Site via your account, including without limitation any friend lists and

(2) we may submit to and receive from your Third-Party Account additional

information to the extent you are notified when you link your account with the

Third-Party Account.

 

Depending on the Third-Party Accounts you choose

and subject to the privacy settings that you have set in such Third-Party

Accounts, personally identifiable information that you post to your Third-Party

Accounts may be available on and through your account on the Site.

 

Please note that if a Third-Party Account or

associated service becomes unavailable or our access to such Third-Party

Account is terminated by the third-party service provider, then Social Network

Content may no longer be available on and through the Site. You will have the

ability to disable the connection between your account on the Site and your

Third-Party Accounts at any time.

 

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE

THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS

GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network

Content for any purpose, including but not limited to, for accuracy, legality,

or non-infringement, and we are not responsible for any Social Network Content.

 

You acknowledge and agree that we may access

your email address book associated with a Third-Party Account and your contacts

list stored on your mobile device or tablet computer solely for purposes of

identifying and informing you of those contacts who have also registered to use

the Site.

 

You can deactivate the connection between the

Site and your Third-Party Account by contacting us using the contact

information below or through your account settings (if applicable). We will

attempt to delete any information stored on our servers that was obtained

through such Third-Party Account, except the username and profile picture that

become associated with your account.

 

SUBMISSIONS


You acknowledge and agree that any questions,

comments, suggestions, ideas, feedback, or other information regarding the Site

("Submissions") provided by you to us are non-confidential and shall

become our sole property. We shall own exclusive rights, including all

intellectual property rights, and shall be entitled to the unrestricted use and

dissemination of these Submissions for any lawful purpose, commercial or

otherwise, without acknowledgment or compensation to you.

 

You hereby waive all moral rights to any such

Submissions, and you hereby warrant that any such Submissions are original with

you or that you have the right to submit such Submissions. You agree there

shall be no recourse against us for any alleged or actual infringement or

misappropriation of any proprietary right in your Submissions.

 

 

THIRD-PARTY WEBSITES AND CONTENT


The Site may contain (or you may be sent via the

Site) links to other websites ("Third-Party Websites") as well as

articles, photographs, text, graphics, pictures, designs, music, sound, video,

information, applications, software, and other content or items belonging to or

originating from third parties ("Third-Party Content").

 

Such Third-Party Websites and Third-Party Content

are not investigated, monitored, or checked for accuracy, appropriateness, or

completeness by us, and we are not responsible for any Third-Party Websites

accessed through the Site or any Third-Party Content posted on, available

through, or installed from the Site, including the content, accuracy,

offensiveness, opinions, reliability, privacy practices, or other policies of

or contained in the Third-Party Websites or the Third-Party Content.

 

Inclusion of, linking to, or permitting the use

or installation of any Third-Party Websites or any Third-Party Content does not

imply approval or endorsement thereof by us. If you decide to leave the Site

and access the Third-Party Websites or to use or install any Third-Party

Content, you do so at your own risk, and you should be aware these Terms and

Conditions no longer govern.

 

You should review the applicable terms and

policies, including privacy and data gathering practices, of any website to

which you navigate from the Site or relating to any applications you use or

install from the Site. Any purchases you make through Third-Party Websites will

be through other websites and from other companies, and we take no

responsibility whatsoever in relation to such purchases which are exclusively

between you and the applicable third party.

 

You agree and acknowledge that we do not endorse

the products or services offered on Third-Party Websites and you shall hold us

harmless from any harm caused by your purchase of such products or services. Additionally,

you shall hold us harmless from any losses sustained by you or harm caused to

you relating to or resulting in any way from any Third-Party Content or any

contact with Third-Party Websites.

 

ADVERTISERS


We allow advertisers to display their advertisements

and other information in certain areas of the Site, such as sidebar

advertisements or banner advertisements. If you are an advertiser, you shall

take full responsibility for any advertisements you place on the Site and any

services provided on the Site or products sold through those advertisements.

 

Further, as an advertiser, you warrant and

represent that you possess all rights and authority to place advertisements on

the Site, including, but not limited to, intellectual property rights, publicity

rights, and contractual rights.

 

[As an advertiser, you agree that such

advertisements are subject to our Digital Millennium Copyright Act (“DMCA”)

Notice and Policy provisions as described below, and you understand and agree

there will be no refund or other compensation for DMCA takedown-related

issues.] We simply provide the space to place such advertisements, and we have

no other relationship with advertisers.   

 

SITE MANAGEMENT


We reserve the right, but not the obligation,

to: 

 

(1) monitor the Site for violations of these Terms

and Conditions;

 

(2) take appropriate legal action against anyone

who, in our sole discretion, violates the law or these Terms and Conditions,

including without limitation, reporting such user to law enforcement

authorities;

 

(3) in our sole discretion and without

limitation, refuse, restrict access to, limit the availability of, or disable

(to the extent technologically feasible) any of your Contributions or any

portion thereof;

 

(4) in our sole discretion and without

limitation, notice, or liability, to remove from the Site or otherwise disable

all files and content that are excessive in size or are in any way burdensome

to our systems;

 

(5) otherwise manage the Site in a manner

designed to protect our rights and property and to facilitate the proper

functioning of the Site.

 

PRIVACY POLICY


We care about data privacy and security. Please

review our Privacy Policy [CLICK HERE]/posted on the Site]. By using the Site,

you agree to be bound by our Privacy Policy, which is incorporated into these Terms

and Conditions. Please be advised the Site is hosted in the United States.

 

If you access the Site from the European Union,

Asia, or any other region of the world with laws or other requirements governing

personal data collection, use, or disclosure that differ from applicable laws

in the United States, then through your continued use of the Site, you are

transferring your data to the United States, and you expressly consent to have

your data transferred to and processed in the United States.

 

[Further,

we do not knowingly accept, request, or solicit information from children or

knowingly market to children. Therefore, in accordance with the U.S. Children’s

Online Privacy Protection Act, if we receive actual knowledge that anyone under

the age of 13 has provided personal information to us without the requisite and

verifiable parental consent, we will delete that information from the Site as

quickly as is reasonably practical.]

 

COPYRIGHT

INFRINGEMENTS


We respect the intellectual property rights of

others. If you believe that any material available on or through the Site

infringes upon any copyright you own or control, please immediately notify us

using the contact information provided below (a “Notification”). A copy of your

Notification will be sent to the person who posted or stored the material

addressed in the Notification.

 

Please be advised that pursuant to federal law

you may be held liable for damages if you make material misrepresentations in a

Notification. Thus, if you are not sure that material located on or linked to

by the Site infringes your copyright, you should consider first contacting an

attorney.]

 

TERM AND TERMINATION


These Terms and Conditions shall remain in full

force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION

OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION

AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING

BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,

INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR

COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR

REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE

[YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,

WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any

reason, you are prohibited from registering and creating a new account under

your name, a fake or borrowed name, or the name of any third party, even if you

may be acting on behalf of the third party.

 

In addition to terminating or suspending your

account, we reserve the right to take appropriate legal action, including

without limitation pursuing civil, criminal, and injunctive redress.

 

MODIFICATIONS AND INTERRUPTIONS


We reserve the right to change, modify, or

remove the contents of the Site at any time or for any reason at our sole

discretion without notice. However, we have no obligation to update any

information on our Site. We also reserve the right to modify or discontinue all

or part of the Site without notice at any time.

 

We will not be liable to you or any third party

for any modification, price change, suspension, or discontinuance of the Site.

 

We cannot guarantee the Site will be available

at all times. We may experience hardware, software, or other problems or need

to perform maintenance related to the Site, resulting in interruptions, delays,

or errors.

 

We reserve the right to change, revise, update,

suspend, discontinue, or otherwise modify the Site at any time or for any

reason without notice to you. You agree that we have no liability whatsoever

for any loss, damage, or inconvenience caused by your inability to access or

use the Site during any downtime or discontinuance of the Site.

 

Nothing in these Terms and Conditions will be

construed to obligate us to maintain and support the Site or to supply any

corrections, updates, or releases in connection therewith.

 

 

 

CORRECTIONS


There may be information on the Site that

contains typographical errors, inaccuracies, or omissions that may relate to

the Site, including descriptions, pricing, availability, and various other

information. We reserve the right to correct any errors, inaccuracies, or

omissions and to change or update the information on the Site at any time,

without prior notice.

 

DISCLAIMER


THE SITE IS PROVIDED ON AN AS-IS AND

AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL

BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL

WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,

INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES

OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR

THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY

OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND

MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS

TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR

FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF

TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE

LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR

(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR

DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,

TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,

ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE

ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED

WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER

ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR

MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF

PRODUCTS OR SERVICES.

 

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE

THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND

EXERCISE CAUTION WHERE APPROPRIATE.

 

LIMITATIONS OF LIABILITY


IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES,

OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,

EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,

LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE,

EVEN IF WE HAVE 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 LESSER OF] [THE

AMOUNT PAID, IF ANY, BY YOU TO US DURING THE [_________] MONTH PERIOD PRIOR TO

ANY CAUSE OF ACTION ARISING [OR] [$_________]. 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE

ADDITIONAL RIGHTS.]

 

INDEMNIFICATION


You agree to defend, indemnify, and hold us

harmless, including our subsidiaries, affiliates, and all of our respective

officers, agents, partners, and employees, from and against any loss, damage,

liability, claim, or demand, including reasonable attorneys’ fees and expenses,

made by any third party due to or arising out of: (1) [your Contributions]; (2)

use of the Site; (3) breach of these Terms and Conditions; (4) any breach of

your representations and warranties set forth in these Terms and Conditions;

(5) your violation of the rights of a third party, including but not limited to

intellectual property rights; or (6) any overt harmful act toward any other

user of the Site with whom you connected via the Site.

 

Notwithstanding the foregoing, we reserve the

right, at your expense, to assume the exclusive defense and control of any

matter for which you are required to indemnify us, and you agree to cooperate,

at your expense, with our defense of such claims. We will use reasonable

efforts to notify you of any such claim, action, or proceeding which is subject

to this indemnification upon becoming aware of it. 

 

USER DATA


We will maintain certain data that you transmit

to the Site for the purpose of managing the Site, as well as data relating to

your use of the Site. Although we perform regular routine backups of data, you

are solely responsible for all data that you transmit or that relates to any

activity you have undertaken using the Site.

 

You agree that we shall have no liability to you

for any loss or corruption of any such data, and you hereby waive any right of

action against us arising from any such loss or corruption of such data.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS,

AND SIGNATURES


Visiting the Site, sending us emails, and

completing online forms constitute electronic communications. You consent to

receive electronic communications, and you agree that all agreements, notices,

disclosures, and other communications we provide to you electronically, via

email and on the Site, satisfy any legal requirement that such communication be

in writing.

 

YOU HEREBY AGREE TO THE USE OF ELECTRONIC

SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF

NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR

VIA THE SITE.

 

You hereby waive any rights or requirements

under any statutes, regulations, rules, ordinances, or other laws in any

jurisdiction which require an original signature or delivery or retention of

non-electronic records, or to payments or the granting of credits by any means

other than electronic means.

 

 

MISCELLANEOUS


These Terms and Conditions and any policies or

operating rules posted by us on the Site constitute the entire agreement and

understanding between you and us. Our failure to exercise or enforce any right

or provision of these Terms and Conditions shall not operate as a waiver of such

right or provision.

 

These Terms and Conditions operate to the

fullest extent permissible by law. We may assign any or all of our rights and

obligations to others at any time. We shall not be responsible or liable for

any loss, damage, delay, or failure to act caused by any cause beyond our

reasonable control.

 

If any provision or part of a provision of these

Terms and Conditions is determined to be unlawful, void, or unenforceable, that

provision or part of the provision is deemed severable from these Terms and

Conditions and does not affect the validity and enforceability of any remaining

provisions.

 

There is no joint venture, partnership,

employment or agency relationship created between you and us as a result of

these Terms and Conditions or use of the Site. You agree that these Terms and

Conditions will not be construed against us by virtue of having drafted them.

 

You hereby waive any and all defenses you may

have based on the electronic form of these Terms and Conditions and the lack of

signing by the parties hereto to execute these Terms and Conditions.