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Terms of Use
The Terms and Conditions of Use set forth herein
apply to the Web sites owned, operated, licensed, or controlled by
1ShoppingOnline.com. ("1ShoppingOnline.com"). Please Read These
Terms And Conditions Of Use Carefully Before Using This Web Site. By
using this Web site (collectively, with any other Web site owned,
operated, licensed or controlled by 1ShoppingOnline.com, the
"1ShoppingOnline.com Web Sites"), you signify your assent to the
terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to the 1ShoppingOnline.com Web Sites.
This Agreement constitutes the entire and only agreement between
1ShoppingOnline.com and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the 1ShoppingOnline.com Web Sites,
the content, products or services provided by or through the
1ShoppingOnline.com Web Sites, and the subject matter of this
Agreement. If you do not agree to these terms of use, please do not
use the site. We reserve the right, at our discretion, to
change, modify, add, or remove portions of these terms at any time.
Please check these terms periodically for changes. Your continued
use of the 1ShoppingOnline.com Web Sites following the posting of
changes to these terms will mean you accept those changes.
Restrictions On Use Of Materials.
Unless
otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, video clips, and written and other
materials that are part of the 1ShoppingOnline.com Web Sites are
copyrights, trademarks, trade dress and/or other intellectual
properties owned, controlled or licensed by 1ShoppingOnline.com. You
do not acquire ownership rights to any content, document or other
materials viewed through the 1ShoppingOnline.com Web Sites. No
material from the 1ShoppingOnline.com Web Sites may be copied,
reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of the
materials on any single computer for your personal, non-commercial
home use only, provided you keep intact all copyright and other
proprietary notices. Modification of the materials or use of the
materials for any other purpose is a violation of
1ShoppingOnline.com's copyright and other proprietary rights. For
purposes of these terms, the use of any such material on any other
Web site or networked computer environment is prohibited. All
trademarks, service marks, and trade names are proprietary to
1ShoppingOnline.com.
Indemnification.
You agree to indemnify, defend
and hold 1ShoppingOnline.com harmless from any liability, loss,
claim and expense, including reasonable attorney’s fees, related to
your violation or alleged violation of this Agreement or use of the
1ShoppingOnline.com Web Sites.
Nontransferable.
Your right to use the
1ShoppingOnline.com Web Sites is not transferable. Any password or
right given to you to obtain information or documents is not
transferable.
Jurisdictional Issues.
Unless otherwise
specified, the materials in 1ShoppingOnline.com Web Sites are
presented solely for the purpose of promoting the publication which
is available in the United States, its territories, possessions, and
protectorates. The 1ShoppingOnline.com Web Sites are controlled and
operated by 1ShoppingOnline.com from its offices within the State of
California, United States of America. 1ShoppingOnline.com
makes no representation that materials in any 1ShoppingOnline.com
Web Sites are appropriate or available for use in other locations.
Those who choose to access the 1ShoppingOnline.com Web Sites from
other locations do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are
applicable.
Termination.
This Agreement is effective until
terminated by either party. You may terminate this Agreement at any
time by destroying all materials obtained from any and all
1ShoppingOnline.com Web Sites and all related documentation and all
copies and installations thereof, whether made under this Agreement
or otherwise. This Agreement will terminate immediately without
notice from 1ShoppingOnline.com if in 1ShoppingOnline.com's sole
discretion you fail to comply with any term or provision of this
Agreement. Upon termination, you must destroy all materials obtained
from this 1ShoppingOnline.com Web Sites and all copies thereof,
whether made under this Agreement or otherwise.
Disclaimer.
The materials in the
1ShoppingOnline.com Web Sites are provided "as is" and without
warranties of any kind either express or implied. To the fullest
extent permissible pursuant to applicable law, 1ShoppingOnline.com
disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose. 1ShoppingOnline.com does not warrant that the
functions contained in the materials will be uninterrupted or
error-free, that defects will be corrected, or that
1ShoppingOnline.com Web Sites or the server(s) that makes the
1ShoppingOnline.com Web Sites available are free of viruses or other
harmful components. 1ShoppingOnline.com does not warrant or make any
representations regarding the use or the results of the use of the
materials in the 1ShoppingOnline.com Web sites in terms of their
correctness, accuracy, reliability, or otherwise. No advice or
information, whether oral or written, obtained by you from
1ShoppingOnline.com through the 1ShoppingOnline.com Web Sites shall
create any warranty, representation or guarantee not expressly
stated in this Agreement. You (and not 1ShoppingOnline.com) assume
the entire cost of all necessary servicing, repair, or correction.
Applicable law may not allow the exclusion of implied warranties, so
the above exclusion may not apply to you.
Limitation Of Liability.
Under no circumstances,
including, but not limited to, negligence, shall 1ShoppingOnline.com
be liable for any special or consequential damages that result from
the use of, or the inability to use, the materials in the
1ShoppingOnline.com Web Sites, even if 1ShoppingOnline.com or an
1ShoppingOnline.com authorized representative has been advised of
the possibility of such damages. The negation of damages set forth
herein is a fundamental element of the basis of the bargain between
1ShoppingOnline.com and you. The 1ShoppingOnline.com Web Sites and
the materials contained herein would not be provided without such
limitations. 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 1ShoppingOnline.com's 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, for accessing this site or any other
1ShoppingOnline.com Web Sites.
Not Legal Advice.
The information contained at
this Web site and any other 1ShoppingOnline.com Web Sites has been
prepared by 1ShoppingOnline.com as a service to its readers and the
Internet community and is not intended to constitute legal advice.
1ShoppingOnline.com has used reasonable efforts in collecting,
preparing and providing quality information and material, but does
not warrant or guarantee the accuracy, completeness, adequacy or
currency of the information contained in or linked to the
1ShoppingOnline.com Web Sites. Users of information from the
1ShoppingOnline.com Web Sites or links do so at their own risk.
Links To Other Web Sites And Services.
To the
extent that the 1ShoppingOnline.com Web Sites contains links to
outside services and resources, 1ShoppingOnline.com does not control
the availability and content of those outside services and
resources. Any concerns regarding any such service or resource, or
any link thereto, should be directed to the particular service or
resource. You agree that the use of such outside services and
resources is at your sole risk and is without warranties of any kind
by 1ShoppingOnline.com, expressed, implied or otherwise including
warranties of title, fitness for purpose, merchantablity or
non-infringement. Under no circumstances is 1ShoppingOnline.com
liable for any damages arising from the transactions between you and
the providers of these outside services and resources or for any
information appearing on linked Web sites. Use of Information.
1ShoppingOnline.com reserves the right, and you authorize
1ShoppingOnline.com, to the use and assignment of all information
regarding 1ShoppingOnline.com Web Site uses by you and all
information provided by you in any manner consistent with
1ShoppingOnline.com’s Privacy Policy.
Other.
This Agreement shall be governed by and
construed in accordance with the laws of the State of New York
without regard to conflict of laws principles. You agree that any
action at law or in equity arising out of or relating to this
Agreement shall be filed only in the state or federal courts located
in New York County and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such
action. Any cause of action by you with respect to the
1ShoppingOnline.com Web Sites (and/or any information, products or
services related thereto) must be instituted within one (1) year
after the cause of action arose or be forever waived and barred. If
any provision of these terms shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity and
enforceability of any remaining provisions.
The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against either party.
This is the entire agreement between us relating to the subject
matter herein and shall not be modified except in writing, signed by
both parties. To the extent that anything in or associated with the
1ShoppingOnline.com Web Sites is in conflict or inconsistent with
this Agreement, this Agreement shall take precedence.
1ShoppingOnline.com’s failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the
right to enforce such provision.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT
WARRANTY OF ANY KIND. 1ShoppingOnline.com DISCLAIMS ANY WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR
LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
1ShoppingOnline.com ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE
LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR
COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE
SERVICES OR YOUR ACCESS TO, USE OF, OR BROWSING IN THE
1ShoppingOnline.com WEB SITE, ANY LINKED SITES, OR YOUR DOWNLOADING
OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM
THEREFROM.
1ShoppingOnline.com Potential Liability for the
Services is Limited
1ShoppingOnline.com MAKES NO REPRESENTATION ABOUT
THE SUITABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER
HARMFUL COMPONENTS AND ACCURACY OF THE SERVICES, THE
1ShoppingOnline.com WEB SITE, THE LINKED SITES, OR ANY INFORMATION,
SOFTWARE, PRODUCTS, OR SERVICES CONTAINED AS PART OF THE SERVICES
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES ARE PROVIDED “AS IS”. NEITHER 1ShoppingOnline.com NOR ANY
OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES,
EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE
PROVIDERS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING
BUT NOT LIMITED TO FOR LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF
OR IN ANY WAY CONNECTED WITH USE OR PERFORMANCE OF THE SERVICES, THE
1ShoppingOnline.com WEB SITE, OR LINKED SITES, OR INABILITY TO GAIN
ACCESS TO OR USE THE SERVICES, THE 1ShoppingOnline.com WEB SITE, OR
LINKED SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, EVEN IF 1ShoppingOnline.com CLICKS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. 1ShoppingOnline.com WILL NOT
BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE
SERVICES (LINKED SITES) OR FOR INFORMATION CONTAINED IN OR PART OF
THE SERVICES INCLUDING BUT NOT LIMITED TO DIRECTORY LISTINGS.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE
LIABILITY OF 1ShoppingOnline.com , ITS EMPLOYEES, AGENTS,
SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Although 1ShoppingOnline.com may from time to time
monitor or review the Linked Sites, 1ShoppingOnline.com is under no
obligation to do so and assumes no responsibility or liability
arising from the content of any of those Linked Sites, or for any
error, defamation, libel, slander, omission, falsehood, obscenity,
pornography, profanity, danger, or inaccuracy contained in any
information within any of those Linked Sites. You are prohibited
from posting or transmitting any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or
profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law.
LIMITATION OF COMPANY'S LIABILITY.
The aggregate liability of 1ShoppingOnline.com to
you for all claims arising from the Web Site and/or the use of the
Materials or Products is limited to
$.01.
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