1. Ownership of Site
This Internet web site (the "Site") is owned and operated by eConnect USA Limited Liability Company, a New Jersey limited liability company, having the business address at P.O. Box 395, Middletown, New Jersey 07748-0395 (the "Company"). All right, title and interest in and to the content displayed on the Site, including but not limited to the Site's look, information, text, graphics, images, sound and video materials, designs, trademarks, service marks, trade names and the URL (collectively the "Content"), is exclusively the property of the Company and/or its partners and/or licensors.
2. Usage Subject to Agreement
Your use of the Site is governed by the following terms and conditions (the "Terms"). Please read them carefully. By using the Site, you acknowledge that you have read and understand, and that you agree to be bound by, the Terms.
The Company hereby reserves the right, in its sole discretion, to amend the Terms at any time without notice. A link to the currently effective Terms, and any and all prior versions thereof, can be reviewed by clicking on the link on the Site's home page. It is your responsibility to keep yourself updated as to any amendments to the Terms.
4. Limited License; Permitted Use
Except as otherwise may be expressly provided in the Terms, or in another written agreement between you and the Company, nothing contained in the Terms or on the Site confers, or shall be construed as conferring, any license or right, expressly, by implication, by estoppel or otherwise, in, under or to any or all of the Company's intellectual property rights, or in, under or to any intellectual property rights of any of the Company's partners or licensors.
Upon your use of the Site in accordance with the Terms, the Company grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without the Company's express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Company so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without the Company's express written permission.
5. Your Account Information
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Company does sell products for children, but it sells them to adults, who can purchase with a credit card or other approved form of payment. If you are under the age of 18, you may use the Site only with involvement and permission of your parent or legal guardian. The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
6. Separate Purchase Agreement
All items purchased from the Company, or through the Site, are made pursuant to a separate written agreement.
7. Product Descriptions
The Company and its affiliates attempt to be as accurate as possible, however, the Company does not warrant that the product descriptions and other content on this Site is accurate, complete, reliable, current, or error-free.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Without limiting the foregoing and any other right or remedies the Company has or may have, the Company reserves the right (but disclaims the obligation) to refuse to provide you access to the Site if: (a) You breach this Agreement in letter or in spirit; (b) it is unable to verify or authenticate any information you provide; or (c) it believes that your actions may cause financial loss or legal liability for you, any Site user, any customer of the Company, or the Company.
You hereby indemnify the Company and hold it harmless from and against any and all losses, claims, charges, damages, costs, expenses and liabilities (including reasonable fees of expert witnesses, court costs and attorneys' fees and disbursements incurred in connection therewith) arising out of or in connection with, or which are based in whole or in part upon, any breach by you of any provision of these Terms.
13. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, the Content and any accompanying services, and in connection with your bidding on, listing, purchasing, solicitation of offers to purchase, and sale of items on or through the Site.
14. No Agency
You and the Company are independent of one another, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as expressly may be stated otherwise, any notices to the Company shall be addressed to the Company's address first above written.
Any legal controversy or legal claim arising out of or relating to this Agreement, the Site, the Content or the accompanying services, excluding legal action taken by the Company to collect any sums due it and/or to obtain an injunction relating to the Site's operation, or the Company's intellectual property shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate the Company's intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Princeton, New Jersey, the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Either you or the Company may seek any interim or preliminary relief from any court of competent jurisdiction sitting in Mercer County, New Jersey, or in the United States District Court for the District of New Jersey, necessary to protect the rights or property of you or the Company pending the completion of arbitration. Should either party commence an action or proceeding contrary to this provision, the other party may recover reasonable attorneys' fees and costs incurred in defending same.
17. Additional Policies
Any additional policies to which links are provided on the Site's home page hereby are incorporated into this Agreement by reference.
This Agreement shall be governed in all respects by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely within New Jersey between New Jersey residents and without reference to any conflicts of laws principles.
The Company does not guarantee continuous, uninterrupted or secure access to the Site or its services, and operation of the Site may be interfered with by numerous factors outside of the Company's control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You agree that this Agreement, and the Company's obligations hereunder, may be assigned automatically by the Company, in its sole discretion, to a third party in the event of a merger or other reorganization of or by the Company.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section hereof.
The Company's failure to act with respect to a breach by you or others does not waive the Company's right to act with respect to any subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof.
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