Terms of Agreement
Your use of the eMALL® web site shall be governed by the policies,terms and conditions stated below.
As a condition of your use of the eMALL® Site or any of the Services, you represent that you will not use the eMALL® Site or any of its Services for any purpose that is unlawful or otherwise prohibited by these terms and conditions. I
eMALL® reserves the right to change the terms and conditions from time to time without notice to users of the eMALL® Site or its Services. eMALL® also reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, any of the Services, with or without notice. You agree that eMALL® shall not be liable to you or to any third party for any change to the eMALL® Site, the Services or these Terms and Conditions. You are responsible for regularly viewing these terms and conditions.
1. SERVICES ; eMALL® currently provides its users with certain Services. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service
Unless stated otherwise, any changes to eMALL's® current or future Services, including the introduction or release of new Services, shall be governed by these Terms and Conditions. All Services are provided by eMALL® for a minimum initial service term during which time the service is non-refundable. After the conclusion of your initial service term, all Services are cancelable on twenty (20) days notice to eMALL® in writing or via e-mail. All Services are automatically renewed for a period equal to the initial service term unless notice is given to eMALL® in writing or via e-mail 20 (20) days prior to the expiration of the immediately preceding term.
eMALL® reserves the right to cancel or modify any of its Services, and you agree that eMALL® shall not be liable to you or to any third party for any such change to the Services.
In the event you fail to pay for any Services provided by eMALL®, eMALL® reserves the right to forward your account to legal representation or a credit and collection agency to insure payment in full. If your account is forwarded to our legal representative or a credit and collection agency, you will be responsible for all amounts due and owing for the Services, as well as for any and all costs and fees associated with said collections, including any professional fees and costs.
2. SITE CONTENT AND INFORMATION Although not intentional, the eMALL® Site may include information that is inaccurate, incomplete, unreliable or outdated. eMALL® does not make any representations or warranties with respect to the information contained on the eMALL® Site, and does not guarantee that such information is complete, accurate, current or reliable. eMALL® disclaims all liability for any information that is incomplete, inaccurate, unreliable or outdated. Any reference to or description within the eMALL® Site of products, services or publications shall not be deemed an endorsement of such products, services or publications. eMALL® does not provide legal, financial, medical or other professional or personal services. Should legal, financial, medical or other professional, personal or expert advice or other assistance be sought, these services should be obtained from a qualified professional.
eMALL® does not control the information and other content posted by other parties and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the eMALL® Site and the Services, you may be exposed to information or other content that is offensive, indecent or objectionable. Under no circumstances will eMALL® be liable in any way for any such content, including without limitation any errors or omissions in said content, or for any loss or damage of any kind incurred as a result of the use of any information posted, e-mailed or otherwise transmitted via the eMALL® Site or the Services.
5. USE OF MATERIALS The contents of the eMALL® Site and the Services are intended solely for your personal, non-commercial use. You are hereby authorized to view, copy, print and distribute the materials provided on these web sites only for personal, informational and non-commercial use. You may not modify, reformat, display, transmit, publish, license, create derivative works from, reproduce, duplicate, copy, transfer, distribute, sell, resell or otherwise exploit for any commercial purposes any information, software, products or services obtained from or made available through the eMALL® Site and/or the Services. You may not modify or alter any of the documents or graphics that appear on the eMALL® Site. You hereby agree that, when you use the eMALL® Site or the Services, you are not receiving a license or any other rights from eMALL®, including any intellectual property or other proprietary rights of eMALL® or any third party with which eMALL® is affiliated. You understand that you have no rights to the Services or any other property of eMALL® except as set forth in these Terms and Conditions.
6. MEMBER CONDUCT You agree to provide true, accurate, current and complete information about yourself in connection with your use of the eMALL® Site and/or the Services. In the event you provide any information which is untrue, or if eMALL® has reasonable grounds to suspect that any information you provide is untrue, eMALL® has the right to immediately terminate your use of the eMALL® Site or the Services.
If at any time your website is not accessible via the Internet, we have the right to deactivate your eMALL® link. We will contact you via the billing email of record and request that you notify eMALL®.com when your website is again available via the Internet.
You understand that all information and other materials are the sole responsibility of the party from whom or which such content originated. This means that you are entirely responsible for all content that you upload, post, e-mail or otherwise transmit via the eMALL® Site or through any of the Services. You represent and warrant that you have the legal rights to any information which you upload, post, e-mail or otherwise transmit, and that such uploading, posting, e-mailing or other transmission will not violate any law or the rights of any other person.
You agree not to use the eMALL® Site or the Services to:
You acknowledge that eMALL® does not pre-screen Content, but that eMALL® and its designees shall have the right to refuse or remove any content that is available via the eMALL® Site or the Services. eMALL® and its designees shall have the right to remove any content that violates these Terms and Conditions or, in eMALL's sole discretion, is otherwise objectionable. You agree that you bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such Content.
You acknowledge and agree that eMALL® may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or government request; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property or personal safety of eMALL®, users of the eMALL® Site and the Services, and/or the public.
7. TERMINATION eMALL® reserves the right to cancel your access to the eMALL® Site and any of the Services, at any time and without prior notice. eMALL® may also remove any content that you post, and cancel or modify any of the services it provides, without prior notice to you. You agree that eMALL® shall not be liable to you or any third party for any cancellation or access to the eMALL® Site and its services. In the event eMALL® terminates your access to the eMALL® Site and its services, eMALL® will reimburse you on a pro rata basis for all pre-paid amounts, if any, attributable to the post-termination period.
8. DISCLAIMER OF WARRANTIES YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
9. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT eMALL® SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF eMALL® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
10. INDEMNIFICATION You agree to indemnify and hold eMALL®, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another
11. COPYRIGHT AND TRADEMARK NOTICES All contents in these Web sites are Copyright © 2001 eMALL.com. All rights reserved.
eMALL® is a registered trademark of eMALL.com. All other marks that appear throughout the eMALL Site belong to eMALL and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the eMALL Site without the express written permission of eMALL.com is strictly prohibited.
12. NOTICES Notices to you may be made via e-mail or regular mail. Notices from you to
eMALL may also be made via e-mail or regular mail. eMALL may (but is not obligated to)
provide notices of changes to the Terms and Conditions or other matters by
displaying notices or links to notices generally on the eMALL Site.
13. GENERAL These terms and conditions
shall be governed by and construed in accordance with the laws of the state of
Washington, U.S., and you agree to submit to the personal jurisdiction of the
courts of the state of Washington. In the event that any portion of these terms
and conditions is deemed by a court to be invalid, the remaining provisions
shall remain in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related
to the content contained on the eMALL Site, or the use of the eMALL site, must
be filed within one year after such claim or cause of action arose.
12. NOTICES Notices to you may be made via e-mail or regular mail. Notices from you to eMALL may also be made via e-mail or regular mail. eMALL may (but is not obligated to) provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices generally on the eMALL Site.
13. GENERAL These terms and conditions shall be governed by and construed in accordance with the laws of the state of Washington, U.S., and you agree to submit to the personal jurisdiction of the courts of the state of Washington. In the event that any portion of these terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the content contained on the eMALL Site, or the use of the eMALL site, must be filed within one year after such claim or cause of action arose.