ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to
these terms and conditions. If you do not agree to this Agreement please do not use this site and do
not click “I agree”. Please check this Agreement periodically for changes as the owner of this site
(“Company”) reserves the right to revise this Agreement. In the event of a change to this
Agreement, your continued use of this site following the posting of any changes constitutes
acceptance of such changes. The Company reserves the right to terminate a User’s use of this site
at any time without notice and may do so for any breach of this Agreement.
YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND
USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or
guardian wishes to permit a person under 18 to access this site, he or she should email the
Company with his or her explicit permission and acceptance of full legal responsibility. If you are not
yet 18 or are accessing this site from any country where this material is prohibited, please exit now
as you do not have proper authorization.
LICENSE TO USE THIS SITE
Upon your agreement, Company hereby grants you a non-exclusive, non-transferable limited license
to use this site in strict accordance with the terms and conditions in this Agreement. You agree not to
make any false or fraudulent statements as you use this site. You acknowledge and agree that all
content and services available on this site are property of the Company and are protected by
copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws,
in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the
Company, its advertisers and licensors. You agree to pay for any and all purchases and services
using your name and credit card through this Site, not to challenge any such charges and to pay for
all collections and/or attorney’s fees resulting from any non-payment.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license,
rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit, or create derivative works from materials from this site. Systematic retrieval of data or
other content from this site to create or compile, directly or indirectly, a collection, database or
directory without written permission from the Company is prohibited. In addition, use of the content
or materials for any purpose not expressly permitted in this Agreement is prohibited.
Security
You agree that if you are issued a Username and Password by the Company, you shall use your
best efforts to prevent access to this site through your Username and Password by anyone other
than yourself, including but not limited to, keeping such information strictly confidential, notifying the
Company immediately if you discover loss or access to such information by an unauthorized party
and by using a secure Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble,
translate or otherwise alter any executable code, contents or materials on or received via this site.
You understand that such actions are likely to subject you to serious civil and criminal legal penalties
and that the Company shall pursue such penalties to the full extent of the law to protect its rights and
the rights of its other licensors.
Export
You agree that you shall comply with all applicable export and import control laws and regulations in
your use of this site, or materials or services received through this site, and, in particular, you shall
not export or re-export anything on or received through this site in violation or local or foreign export
laws and/or without all required U.S. and foreign government licenses.
Government Use
If you are a branch or agency of the U.S. Government, the following provision applies. This site,
code, contents, services and accompanying documentation are comprised of “commercial computer
software” and “commercial computer software documentation” as such terms are used in 48 C.F.R.
12.212 (SEPT 1995) and are provided to the Government (i) for acquisitions by or on behalf of
civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisitions by or
on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R.
227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995. Unpublished rights reserved under the
copyright laws of the United States.
Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not
warrant or represent that the Site will be error-free. Data entry errors or other technical problems
may sometimes result in inaccurate information being shown. We reserve the right to correct any
inaccuracies or typographical errors on our Site, including pricing and availability of products and
services, and shall have no liability for such errors. We may also make improvements and/or
changes to the Site’s features, functionality, or content at any time. If you see any information or
description you believe to be incorrect, please contact us and we’ll verify it for you.
LINKS TO OTHER WEBSITES
Our Site contains links to other websites for your information and convenience, or to provide
additional shopping for various other goods and services through our Merchant and Services
Partners. These third-party websites are responsible for, and undertake to maintain, their own site
terms of use. We suggest that you carefully review the terms of use of each site you choose to
access from our Site.
USER’S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this site or
communicate to the Company through this site (collectively “Submissions”) shall forever be the
property of the Company. The Company shall not treat any submission as confidential and shall not
incur any liability as a result of any similarities that may appear in future Company services or
products. Without copy, the Company shall have exclusive ownership of all present and future
existing rights to any Submission of every kind and nature everywhere. You acknowledge that you
are fully responsible for the message, including its legality, reliability, appropriateness, originality and
copyright. You hereby represent and warrant that your Submission does not infringe the rights of any
third party.
USER CONDUCT
By using features of this site that allow you to post or otherwise transmit information to or through
this site, or which may be seen by other users, you agree that you shall not upload, post, or
otherwise distribute or facilitate distribution of any content – including text, communications, video,
software, images, sounds, data, or other information – that:
A. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive
of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this
site’s rules or policies;
B. infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of
publicity, privacy or other proprietary right of any party;
C. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as
“spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or
gambling;
D. contains software viruses or any other computer code, files, or programs that are designed or
intended to disrupt, damage, or limit the functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access to any data or other
information of any third party; or
E. impersonates any person or entity, including any employee or representative of this site, its
licensors or advertisers.
You also agree that you shall not harvest or collect information about the users of this site or use
such information for the purpose of transmitting or facilitating transmission of unsolicited bulk
electronic email or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical
contact with, anyone 18 years old or younger without appropriate parental consent.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site.
However, this site and its agents have the right, at their sole discretion, to remove any content that,
in this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful,
objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in
removing such content.
You agree that your use of this site may be suspended or terminated immediately upon receipt of
any notice which alleges that you have used this site in violation of these Rules and/or for any
purpose that violates any local, state, federal or law of other nations, including but not limited to the
posting of information that may violate third party rights, that may defame a third party, that may be
obscene or pornographic, that may harass or assault other, that may violate hacking or other
criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event,
you agree that the owner of this site may disclose your identity and contact information, if requested
by a government or law enforcement body or as a result of a subpoena or other legal action, and the
owner of this site shall not be liable for damages or result of a subpoena or other legal action, and
the owner of this site shall not be liable for damages or results thereof, and you agree not to bring
any action or claim against the owner of this site for such disclosure.
INTELLECTUAL PROPERTY RIGHTS
1. Copyright
The Site design, text, content, selection and arrangement of elements, organization, graphics,
compilation, magnetic translation, digital conversion, and other matters related to the Site are
protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such
elements on the Site does not constitute a waiver of any right in such elements. You do not acquire
ownership rights to any such elements viewed through the Site. Except as otherwise provided
herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed,
transmitted, mechanical, photocopying, recording, or otherwise, without Company’s prior written
permission.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from
this site. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using
such sites. These sites may contain information or material that is illegal, unreasonable or that some
people may find inappropriate or offensive. These other sites are not under the control of the
Company and are not monitored or reviewed by the Company. The inclusion of such a link or frame
does not imply endorsement of this site by the Company, its advertisers or licensors, any association
with its operators and is provided solely for your convenience. You agree that the Company and its
licensors have no liability whatsoever from such third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
The Company, its advertisers and licensors make no representation or warranties about this site, the
suitability of the information contained on or received through use of this site, or any service or
products received through this site. All information and use of this site are provided “as is” without
warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all warranties
without regards to this site, the information contained or received through use of this site, and any
services or products received through this site, including all express, statutory, and implied
warranties of merchantability, fitness for a particular purpose, title and non-infringement. The
Company, advertisers and/or its licensors do not warrant that the contents or any information
received through this site are accurate, reliable or correct; that this site will be available at any
particular time or location; that any defects or errors will be corrected; or that the contents of any
information received through this site is free of viruses or other harmful components. Your use of this
site is solely at your risk. User agrees that it has relied on no warranties, representations or
statements other than in this agreement. Because some jurisdictions do not permit the exclusion of
certain warranties, these exclusions may not apply to you but shall apply to the maximum extent
permitted by law of your jurisdiction.
LIMITATION OF LIABILITY
Under no circumstances shall the Company, advertisers and/or its licensors be liable for any direct,
indirect, punitive, incidental, special, or consequential damages that result from the use or inability to
use, this site. This limitation applies whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even if the company, advertisers and/or its licensors
have been advised of the possibility of such damage. Because some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, the Company, advertisers and/or its
respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by
law of your jurisdiction.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors,
subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and
directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use
of this site, or any services, information or products from this site, or any violation of this Agreement.
The Company reserves the right, at it own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you shall cooperate with the
Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any
notice which alleges that User has used this site for any purpose that violates any local, state,
federal or law of other nations, including but not limited to the posting of information that may violate
third party rights, that may defame a third party, that may be obscene or pornographic, that may
harass or assault other, that may violate hacking or other criminal regulations of its agent, officers,
directors, contractors or employees. In such event, Company may disclose the User’s identity and a
subpoena or other legal action, and Company shall not be liable for damages or results thereof and
User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the
State of Pennsylvania, U.S. of America. It can be accessed from all 50 states as well as from other
countries around the world to the extent permitted by site. As each of these places has laws that
may differ from Pennsylvania, by assessing this site, both you and the Company agree that the
statutes and laws of Pennsylvania shall apply to any actions or claims arising out of or in relation to
this Agreement or your use of this site, without regards to conflicts of laws principles thereof. You
and the Company also agree and hereby submit to the filing of any claim only in the exclusive
personal jurisdiction and venue of Pennsylvania and any legal proceedings shall be conducted in
English. The Company makes no representation that materials on this site are appropriate or
available for use in other locations and accessing them from territories where their contents are
illegal is prohibited.
MISCELLANEOUS
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and
posts such Rules. This Agreement constitutes the entire agreement between the parties related to
the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic)
agreement between the parties and shall not be changed except by written agreement signed by an
officer of the Company. If any provision of this Agreement is prohibited by law are held to be
unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much
as possible under applicable law shall continue in full force and effect as if such unenforceable
provision had never constituted a part hereof and the unenforceable provision shall be automatically
amended so as to best accomplish the objectives of such unenforceable provision within the limits of
applicable law. This site reserves the right to revise these provisions at its discretion, so check back
from time to time to be sure you are complying with the current version.