Agreement for Information and Use of the Website
IMPORTANT! THESE TERMS AND CONDITIONS ARE A BINDING LEGAL AGREEMENT (this "Agreement"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
- AGREEMENT;ADDITIONAL REQUIREMENTS; PRIVACY
This Agreement governs your use of www.xytex.com and any other website or page offered by Xytex and its subsidiaries and affiliates to which this Agreement links (collectively, including all content, communications, tools, features, functionality and related services, the " Property"). This Agreement is between Xytex and its subsidiaries and affiliates (referred to as “Xytex”, “we”, “we”, or “our”) and you, on your own behalf, as an individual, or the organization on whose behalf the organization is serving you registered (in any case "you"). If you are accessing the Site in your capacity as an employee, owner or other representative of any entity, you represent and warrant that you have the authority to bind that entity to the terms of this Agreement. You will be deemed to have accepted this Agreement by agreeing to this Agreement and/or by using, viewing, transmitting, caching the Website, the services or features offered on or by the Website and/or the Content on the Website , store and/or use website . site in any way. For the sake of clarity, such access and use requires you to agree to all of the terms set forth below and waive any right to claim any ambiguity or error in this Agreement. If you do not agree to any part of this Agreement, please stop using the Site immediately. We reserve the right, in our sole and absolute discretion, to change, modify, add or remove portions of this Agreement at any time without notice and unless otherwise noted, such changes will be effective immediately upon posting of an updated version of this Agreement. will be published online; Therefore, please check this Agreement periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean that you accept those changes. Please print and retain a copy of this Agreement for your records, as it may be amended from time to time.
Certain products and services that we offer are subject to both this Agreement and additional terms specific to that product or service (“Additional Terms”). The terms of this Agreement and any applicable additional terms together are the “Terms of Service”. In the event of any conflict between this Agreement and the Additional Terms, those Additional Terms will govern only with respect to your use of the product or service to which they apply.
- USER AUTHORIZATION; YOUR ACCOUNT
The website is only available to natural and legal persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website and the services offered through the Website are not available to persons under the age of 18 or minors in their country of residence if they are over the age of 18. If, due to age or any other reason, you are unable to form a legally binding contract, please exit and do not use the Website.
In consideration of your use of the Website, you represent, warrant and undertake to us that:
- If you are accessing the Website in your capacity as an employee, owner or other representative of another person or entity, you agree to be bound by the terms of the Service on your own behalf and on behalf of that person or entity.
- You are at least 18 years of age or the age of majority in your country of residence if you are over the age of 18, capable of entering into contracts and having the necessary ability and authority to perform your obligations under the Service. Terms (including on behalf of that person or entity, if any), and you are not prohibited from using the Site to obtain products and services from us under the laws of the United States or any other applicable jurisdiction.
- You will comply with all applicable laws, rules and regulations of all applicable jurisdictions in connection with your use of the Website and our products and services.
- The website and materials on or through the website are provided by us for informational purposes only, with the understanding that we are not providing any health, medical, genetic, legal or other professional advice or services or materials. The information contained on or through the website is based on sources believed to be accurate and reliable. However, we make no representation or warranty as to its accuracy, suitability, completeness or fitness for any particular purpose. You should consult your own professional advisers, including a physician or other healthcare professional, for health-related, medical or genetic advice and an attorney or other appropriate professional in connection with the terms of this Agreement and/or compliance with any legal requirement. .
- In order to access certain features of the website, you may be required to register by providing certain profile and contact information. If you are a registered user, you are solely responsible for maintaining the confidentiality of your account information, including your password, and you accept responsibility for all activities that occur on or through your account. You agree to (a) immediately notify us of any unauthorized use of your account or password, or any other breach of security, and (b) ensure that you exit or log out of your account at the end of each session. It is your sole responsibility to control access to and use of your account and to notify us if you wish to terminate your account. We will not be liable for any loss or damage resulting from your failure to comply with this paragraph. We reserve the right to refuse accounts and to terminate accounts at our sole discretion.
3. RESTRICTIONS ON USE
You acknowledge and agree that the features, tools, functionality, applications, materials, data and other information, content (including the selection and arrangement thereof), services and software (including all text, logos, photographs, graphics, images, video , audio files). , illustrations, software, HTML, source and object code, algorithms, business logic, modules, programs, links and other materials), product names, logos, designs, service marks, trademarks, trade dress, titles and specific words or phrases displayed in each instance , transmitted or accessed or used on, within or in connection with the Website (all of the foregoing, collectively, the “Service Content”) are intellectual property protected by copyright, trademark or other proprietary rights of Xytex or its licensors, suppliers or others Agents whose rights may or may not be registered in certain jurisdictions. You acknowledge and agree that Xytex and its licensors, suppliers or other agents reserve and retain for themselves and for third parties as appropriate all intellectual property and other proprietary rights of any kind in and to the Website and the Website Content. and you have no interest in using the Website or the content of the Service. You also agree to abide by any additional copyright notices, information, or restrictions contained in the Service Content available on or accessible through the Service.
You may not copy, reproduce, republish, upload, post, transmit or distribute in any way any Service Content or any material from any other website owned, operated, licensed or controlled by us without our prior written permission. For the purposes of this Agreement, the use of such material on any other website, Internet, intranet, extranet or other website or computer environment is prohibited. You may not frame or use any framing technique to enclose any of our marks, logos, or other proprietary information (including any image, text, page layout, or form) without our express prior written consent. You may not use any meta tags or other hidden text using our name, trademarks or other proprietary information without our prior express written consent.
Unless otherwise noted, all names, logos, trademarks, service marks, trade dress and trade names on the Site are owned by Xytex. We consider our brands valuable assets and take infringement very seriously. The following is a list of trademarks used on this website and owned by Xytex:
Xytex, Patriarch, Super Sperm, PhotoFile, BabyFile, AudioFile, VideoFile, XTS, xyGene, xyConnects und Ovations.
In the event that you are authorized to download software from the Website, the software, including all files, images incorporated into or generated by the software, and data accompanying the software (collectively, the "Software") , we hereby grant you a limited and revocable right. License, without the right to sublicense, to use the Software to the limited extent necessary to use the Website and our Services. We do not transfer ownership of the Software to you. You own the media on which the Software is recorded, but we (or third party licensors) retain full and complete ownership of the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or reduce the Software to human-readable form.
You must not: (a) engage in the collection of email addresses or other personal information, sending unsolicited emails, phone calls or mailings, spoofing, flooding, overloading, tracking, "screen dumping", "database downloading" or any other activity for the purpose of obtaining user lists or other non-public information about the Website or attempting to gain unauthorized access to any portion of the Website or any computer system, network or platform linked to the Website. You agree that you will not use the Website in any way that could damage, disable, overburden or impair the Website or interfere with any third party's use and enjoyment of the Website. You are not permitted to obtain or attempt to obtain any material or information by any means not intentionally made available or made available through the Website.
We enjoy hearing from our users and welcome your feedback about the Site and the products and services offered in connection with the Site. Unfortunately, our longstanding company policy does not allow us to accept or consider creative ideas, suggestions, or materials that are not expressly requested by us. We employ collaborators and consultants who may be working on the same or similar ideas. We hope you understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our professional staff and/or consultants might appear to others to be similar to your own creative work. Please do not send us any unsolicited original creative material. While we value your feedback on your experience using the Site and the services and products offered in connection with the Site, we encourage you to be specific in your feedback about the Site and not to submit creative ideas, suggestions or materials. (unless we specifically request it).
If, at our request, you send certain specific Submissions, or despite our request, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Submissions”), the Submissions will be considered and will remain our property. None of the Submissions will be subject to any obligation of confidentiality on our part and we are not responsible for the use or disclosure of any Submissions. Without limiting the foregoing, we exclusively own all now known and future rights in the Submissions of any kind and form anywhere in the world and are entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation, notice or permission from the provider of the Submissions. Xytex does not waive any rights you may have in ideas previously known or developed by its employees and agents or obtained from sources other than you that are similar or related to the Submissions.
- FORUMS AND PUBLIC COMMUNICATIONS
"Forum" means a chat area, message board, or any interactive function or feature offered as part of the Website. If you participate in any forum within the Site, you must not: (i) defame, abuse, harass or threaten others; (ii) make bigoted, hateful or racist remarks; (iii) advocate illegal activity or discuss illegal activity with intent to commit it; (iv) post or distribute any material that infringes, misappropriates and/or violates the rights of any third party or any law; (v) post or disseminate any vulgar, obscene, rude or indecent image or language; (vi) advertise, sell or solicit others; (vii) use the Forum for any commercial purpose whatsoever, except to facilitate a transaction on the Website; (viii) post or distribute any software or other material that contains a virus or other harmful component; (ix) post any material or make any statements that are generally unrelated to the topic or designated topic of any forum; or (x) submit content that negatively impacts the Site or Xytex's brand and goodwill or is otherwise objectionable in Xytex's sole discretion. You also must not submit any content to a forum that promotes or links to other websites for your commercial purposes that contains viruses, corrupt data or other harmful, disruptive or destructive files, or that may expose the website or its users to any harm. You remain solely responsible for the content of your messages and will indemnify and hold harmless the Released Parties (as described in Section VIII below) for the content of such messages. We reserve the right to remove or edit any content from any forum at any time and for any reason. While we may review content posted on or through a forum, we are not obligated to do so.
By uploading any material or posting any content to any forum or submitting any material to us (1), you represent and warrant that such material or content is your own, is not otherwise owned by any other party, and complies with this Agreement. and (2) automatically grant to us a perpetual, royalty-free, irrevocable, nonexclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works and distribute such materials or incorporate such materials or content, including all data, images, creative works, sounds, text and other things contained therein, in any form, media or technology now known worldwide or later developed. In addition, you waive any and all rights to compensation, attribution, or any other "moral rights" in any such material and content.
When participating in a forum, proceed with caution and never assume that people are who they say they are, know what they say they know, or are affiliated with who they are connected in a chat room, message board or other users. generated content area. In the event that you connect with us off-site through third-party social networks or platforms such as Facebook®, Twitter Inc., your use of that platform will be governed by that platform's separate terms and conditions.
- CONTENT LINKED TO THE SITE
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. THE INFORMATION IN CONNECTION WITH SUCH USE IS PUBLIC OR PROPERTY OF THOSE COLLECTING THE INFORMATION AND NOT PERSONAL OR PRIVATE INFORMATION. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT, SERVICES AND MATERIALS ACCESSIBLE ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS, OR COMPLETENESS OF OUR SERVICES, CONTENT, OR MATERIALS ACCESSIBLE ON OR THROUGH THE SITE OR ANY LINKED SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, DESIGN, ACCURACY, FITNESS, FITNESS , COMPLETENESS, AVAILABILITY, COMPATIBILITY, OR DERIVED FROM THE HISTORY OF NEGOTIATIONS OR PERFORMANCE. WE DO NOT WARRANT THAT THE SITE, OR ANY SERVICES, CONTENT, MATERIALS, OR FEATURES ACCESSIBLE ON OR THROUGH THE SITE, WILL BE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, OR MATERIALS, OR SERVERS THAT PROVIDE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR ACCURATE OR COMPLETE. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR RESULTS OF USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION RESULTING FROM YOUR USE OF THE SITE AND OUR SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
In the event that we are liable for any damages in connection with any such matter, your sole and exclusive remedy shall be reimbursement of your actual out-of-pocket expenses for the services or products paid for by you. You hereby waive any right, claim or cause of action with respect to any such matter in any forum after one (1) year after the first occurrence of such act, event, condition or omission on which the claim or cause of action is based, to assert.
The Released Parties (described below in Part VIII) are not responsible for any telephone, electrical, electronic, network, internet, computer, hardware or software malfunction, failure, delay or difficulty, or for any delay, lost, stolen, illegible, misdirected, garbled or altered postage, email, form entries, links, messages or submissions or the security of any such matter.
In addition, these Released Parties shall not be responsible for any incorrect or inaccurate input information, whether caused by Internet users or by any device or program connected to or used on the Website, or by any technical or human error made in the processing of any information thereby related information may occur to the site.
We may prohibit you from participating in or using the Site if, in our sole and absolute discretion, you are in breach of any of the terms of this Agreement or are acting with intent to annoy, abuse, threaten, or harass other users, or to others Way. disruptive way. We also reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole and absolute discretion.
We reserve the right to suspend or discontinue access to all or any part of the Website at any time for any reason, including infection by computer virus, error, tampering, unauthorized intervention, fraud, technical failure or any other reason beyond Xytex's reasonable control , without notice.
You also agree that the Released Parties (described below in Part VIII) shall in no way be responsible for any injury, loss or damage to your computer or the interception or use of any credit card or payment information related to or resulting from use of the Site or any website, service or material linked or related to or from it, nor shall we be in any way responsible for any injury, loss, claim or damage related to or resulting from any part of the website operated on computers or not . or networks you use or communicate with such computers or networks.
Although we intend that the product descriptions on the website are current and accurate, we do not guarantee or represent that the product descriptions on the website are accurate, complete, current or reliable in any or all respects.
WE DO NOT GUARANTEE THE CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATIONS OR INFORMATION TRANSMITTED ON THE SITE OR ANY SITE LINKED TO THE SITE. WE ASSUME NO RESPONSIBILITY FOR THE PRIVACY OF ANY INFORMATION, EMAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, HARD DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED VIA THE NETWORKS ACCESSED THROUGH THE SITE OTHERWISE IN CONNECTION WITH YOUR USE OF THE SITE.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION GIVEN BY US OR ANY OF THE INDEMNIFIED PARTIES (DESCRIBED IN PART VIII BELOW) SHALL CREATE ANY WARRANTY OF ANY KIND, AND USERS SHOULD NOT RELY ON SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO REFUSE ACCESS TO THE SITE TO ANYONE AT ANY TIME. Neither we nor any of the Released Parties shall have any liability whatsoever arising out of your reliance on any information provided on the Website.
Search and directory are free services that may be offered in connection with the website. Because online content is constantly changing, no single search engine technology can be able to make all data accessible at the same time. Therefore, we expressly disclaim any responsibility for the content or availability of information contained in any search indices or directories offered in connection with the website.
The website may contain technical inaccuracies or typographical errors or omissions. Xytex is not responsible for typographical, photographic or technical errors on our website. Xytex reserves the right to make changes, corrections and/or improvements to the website and the products and programs described in this information at any time without notice.
You are solely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You indemnify, defend and hold us (including our subsidiaries and affiliates), our suppliers and licensors and each of their officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees authorized by such persons , or entities. and employees (collectively, the "Released Parties") from and against any allegation, demand, demand, liability, damage, fine, penalty, or expense of any kind (including reasonable attorneys' and experts' fees and court costs) and if for cause of death or injury of any person or loss of or damage to property or otherwise ("Claims") arising out of or in any way related to this Agreement, the services or products we offer to you through the Website or any related action, or omission by you and whether or not the negligence of Xytex or any agent or employee of the Released Parties or any of them caused or contributed to (except to the extent prohibited by law) or claims arising out of your account , including without limitation any claim that you have violated any intellectual property rights of any person, including but not limited to any copyright, patent, trade secret, trademark, artist's right, moral right, privacy, publicity or other intellectual property right Property. In the event of any claim or suit or proceeding against the Released Parties or any of them, arising out of or relating to this Agreement, any Released Party may, upon reasonable notice and at its own expense, require you to defend itself against such claim or undertake the defense of any such claim or proceeding and employ counsel for such purpose, such counsel is subject to the prior written consent of such indemnified party, which consent shall be deemed to have been given in the case of attorney acting for its insurance companies, which at engage in such resistance or defense. You must cooperate with us in the defense of any claim. We reserve the right, at our expense, to assume the exclusive defense and control of any matter requiring indemnification from you.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS, COVERAGE, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIABLE, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE( S), SERVICES OR FEATURES OF THE WEBSITE, OR RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, OR RELIANCE ON THE WEBSITE, OR THE SERVICES, CONTENT OR MATERIALS, OR FEATURES OF THE WEBSITE, DELIVERY OR FAILURE TO PROVIDE ANY SERVICES OR INFORMATION OR DAMAGE, RESULTING FROM LOSS OF USE, DATA OR PROFIT, REGARDLESS OF WHETHER NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE UNDER NO OBLIGATION TO UPDATE THE SITE OR ANY CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE IF YOU USE THE IF YOU ARE DISSATISFIED WITH THE SITE OR ANY PRODUCTS OR SERVICES CONNECTED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND TERMINATING THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREIN.
BY USING THE SITE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE RELEASED AND SHALL NOT BE LIABLE FOR ANY LIABILITY REGARDING ANY ASPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ILLNESS, ILLNESS, PERSONAL INJURY, LITIGATION) . , , DEATH, PROPERTY DAMAGE AND CLAIM OF COMMERCIAL RIGHTS, DEFAMATION OR VIOLATION OF PRIVACY, REASONABLE LEGAL FEES AND COURT COSTS) THAT MAY RESULT FROM THE USE OF THE SITE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE INFORMATION, MATERIALS , SERVICES OR PRODUCTS RELATED TO OR PURCHASED BY YOU. WE RESERVE THE RIGHT, AT ANY TIME, WITHOUT LIABILITY, TO RESTRICT OR REFUSE ACCESS TO THE SITE AND ITS SERVICES, CONTENT, MATERIALS AND FEATURES. WE FURTHER RESERVE THE RIGHT TO SEEK ANY FORM OF RELIEF, INCLUDING BUT NOT LIMITED TO LEGAL FEE, IN CONNECTION WITH ANY FRAUDULENT OR ILLEGAL ACTIVITIES IN CONNECTION WITH THE USE OF THE SITE.
- JURISDICTIONPROBLEMS TO
We make no representation that any service or product offered on the Website is appropriate or available for use in any particular location. Those who choose to access the Site and our products and services do so early on, on their own initiative and are responsible for compliance with local laws in their jurisdiction. If your use of the Website and/or the display or use of any material or content on the Website, or your use of our products or services violates any applicable law in your jurisdiction, you are not authorized to use the Website, products and/or services. and you should stop using it immediately. Your viewing and/or use of the Website constitutes your representation that you have unconditional and unrestricted permission to view and use the Website and any indemnified party may rely on such representation. The Site is operated from the United States and some software on the Site may be subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported to any person or place in violation of the export laws of the United States or any other jurisdiction. By downloading or using the Software, you represent and warrant that it is not located in a restricted location, by a restricted person, or under the control of a restricted person.
This Agreement, as amended, will remain in effect for any period that you access the Website, our products or services. Your access to the Website may be terminated immediately without notice from us if, in our sole and absolute discretion, you fail to comply with any term or provision of this Agreement. Upon termination, you must stop using the Website and destroy all materials obtained from this Website and all copies thereof, whether made under the terms of this Agreement or otherwise. All rights and obligations which, by their nature, are intended to survive termination of your use of the Website and/or termination of this Agreement to make it fully functional shall survive termination, including but not limited to the following provisions: Agreement ; Additional requirements; Privacy (Part I), User Authorization; Your Account (Part II); Use Restrictions (Part III); Presentations (Part IV); Forums and Public Communications, penultimate paragraph (Part V); Disclaimers (Part VII); Indemnification (Part VIII); Limitation of Liability (Part IX); Release (Part X); Termination (this Part XII); General Provisions (Title XIII); and Notices and Procedures for Making Claims of Copyright Infringement (Part XV).
XIII. GENERAL PROVISIONS
You must comply with all applicable laws, statutes, ordinances and regulations relating to your use of the Site and your solicitation of offers to buy and/or sell products and/or services. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, USA, without invoking its conflict of law principles. You agree that (1) any legal or equitable action arising out of or relating to the terms of this Agreement, our products or services shall be resolved individually, without resort to any form of class action, and be brought only by the state or state courts located in Richmond County, Georgia, USA, and you consent to and submit to the personal jurisdiction of such courts for the purpose of litigating such claims, and (2) all claims, causes of action and arbitration shall be limited to your actual out-of-pocket expenses, but in no attorneys' fees, and under no circumstances shall you be entitled to, and hereby waive, any indirect, punitive, incidental or consequential damages. and all other damages, other than actual out-of-pocket expenses, and all rights to have the damages multiplied or otherwise increased. If any provision of this Agreement is determined to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter of this Agreement and may not be modified except as otherwise provided in this Agreement. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed a waiver of any other term, provision or condition of this Agreement, whether or not similar, nor a waiver will constitute a continuing waiver of such terms, provisions or conditions of this Agreement. No waiver shall be binding unless executed in writing by the party making the waiver. You agree that you will execute and, if required, provide to us in a recordable form such additional documents, deeds or agreements and take such additional steps as are necessary or reasonable to carry out the purposes of this Agreement.
XIV. DIGITAL SIGNATURE PROVISIONS
You further agree that clicking to accept the Terms on the Site constitutes a valid, legal and binding electronic signature and that you have formed, executed, entered, consented to, and acknowledged and agreed to the applicable Terms.
- NOTICE AND PROCEDURE FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
In accordance with the US Digital Millennium Copyright Act, notifications of alleged copyright infringement should be sent to our Designated Agent. The notification must be sent to the following Designated Agent:
- Name of agent designated for notification of alleged infringement: Copyright Agent
- Full address of the designated agent to which notification should be sent: 1100 Emmett Street, Augusta GA 30904 USA.
- E-mail address of the designated representative: email@example.com
To be effective, the notice must be in writing, which you may send us by post or email as described above, containing the following:
- A full and complete identification of the copyrighted work that you claim has been infringed.
- A unique identification of the material that you claim is infringing the copyrighted work, the website on which the material is posted and information that enables us to locate that material on the website, e.g. B. A link to the infringing material.
- Your name, address, email address and telephone number.
- Include the following statement, signed by you: "I have a good faith belief that the material that is claimed to be infringing is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner of an exclusive right that is allegedly infringed or am authorized to act on the copyright owner's behalf."
- The notification must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.