We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
In order to utilize some Services, you must register and create an account. In order to create an account, you must complete the registration process by providing us with complete and accurate information as prompted by the registration form, including an e-mail address, username, and password. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
From time to time, we may find it necessary to access your account. For instance, we may access your account for support, maintenance, or security-related reasons. In such an event, we will endeavor, if practicable, to provide you notice of its intent to do so; however, we undertakes no affirmative obligation to do so. Regardless of whether such notice is provided, you acknowledge and consent to such access.
Overview and Age Restrictions
Portions of the Website, including but not limited to the blog, Marketplace, and Deadbeat Complaint Center, allow users or other third parties to post or upload user-generated content (“User Content”). By submitting User Content, you represent that you are older than 13 years of age, and if under the age of 19, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement and use the Services.
User Obligations and License
You are solely responsible for all content or information you post, upload, or otherwise transmit (collectively “Post”) through the Services. You agree not to Post through the Services any User Content which is defamatory, which infringes upon a party’s intellectual property, or is otherwise illegal. By Posting User Content on the Website, you warrant and represent that such information is truthful and accurate. Additionally, by Posting User Content to the Website, you automatically grant, and warrant and represent that you have the right to grant, us a perpetual, irrevocable, royalty-free, worldwide exclusive sub-licensable license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content.
Communications Decency Act
As provided in 47 U.S.C. § 230(c)(1), We are only a distributer, and not the publisher or speaker, of any User Content. As such, We cannot be held liable for making available any User Content which may be false or inaccurate. The information, offers, or opinions contained in the User Content made available through the Services are those of their respective authors alone. We do not encourage or instruct anyone to write comments, negative or otherwise, about any specific party or parties. We do not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances we will be responsible for any loss or damage resulting from any person’s reliance on any User Content.
Reservation of Rights
We reserve the right to remove or not remove any User Content from the Website for any reason or no reason at all, in our’s sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. We reserve the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.
Deadbeat Complaint Center
All terms contained in this Agreement are equally applicable to the Deadbeat Complaint Center (“Center”). To facilitate the potential resolution of complaints and to maintain the reputation of those affected by such complaints, We have instituted a process by which parties can request that we investigate certain claims contained within User Content posted in the Center (“Investigation Process”). Requesting an investigation, participating in the Investigation Process, and/or paying any applicable fees, does not guarantee that a claim or complaint will be removed from the Website. We expressly reserve the right to remove or not remove any User Content from the Website (including User Content in the Center) for any reason or no reason at all, in our’s sole discretion, and that we reserve the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.
Digital Millennium Copyright Act
We respect the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Website in a way that constitutes copyright infringement may notify our’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
1. Identification of the copyrighted work that you claim has been infringed;
2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Website so that the copyright agent can locate it;
3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
We expressly reserve all right, title and interest in and to the Services, and the content of the Website, including any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.
You agree to indemnify, hold harmless and defend Us, at your expense, against any and all third party claims, actions, proceedings, and suits brought against us or any of our officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by Us or any of our officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) User Content which is Posted by you on the Website, (iii) your use of the Services, or (iv) your unauthorized use of the Services. In such a case, We will provide you with written notice of such claim, suit or action. You shall cooperate as fully as is reasonably required in the defense of any claim. We reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification and reimbursement of any and all associated expenses by you.
Tthe services featured on this website are available all over the World. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company all over the world. The brand names and specific services of this Company featured on this web site are trade marked.
Notification of Changes
Representations and Warranties; Disclamers
We do not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes it available, are free of viruses or other harmful component, or (v) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable.
THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY US EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
Limitations of Liability
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
Terms and Termination
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement.
We reserve¬ the right to cease offering any of the Services at any time or to make changes to this Agreement at any time, each at its sole and exclusive discretion. You will know we have modified or amended this Agreement when you see a new updated date at the top of this Agreement. We will not notify its Website users of any such changes by e-mail or other personal contact. YOUR CONTINUED USE OF THE WEBSITE OR THE SERVICES AFTER THE POSTING OF REVISIONS TO THIS AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH MODIFICATIONS OR AMENDMENTS. We encourage you to check the date of this Agreement whenever you visit this Website so that you will know when you need to review the Agreement for changes.
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
Miscellaneous; Applicable Law and Venue
We shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of Nebraska without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Nebraska law, rules, and regulations, Nebraska law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the State of Nebraska. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without Our’s prior written consent, and any such attempt is void. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
Special Admonitions for Internacional Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
Consumer Rights are unaffected.