Warranty Disclaimers and Liability Limitations.
WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF THE CONTENTS OF THIS WEBSITE.
WE expressly disclaim any and all warranties (express or implied) including but not limited to, the warranties of merchantability, or fitness for any particular purpose IN CONNECTION WITH THE WEBSITE OR YOUR USE OF SAME. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS’ CONTENTS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
there may be products or services owned by third parties that are subject to the warranties of those third parties. you are directed to investigate the availability of such third party warranties yourself.
WE shall in no event be held liable to YOU OR any OTHER party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this WEBSITE OR SERVICES, ALL OF which ARE provided “as is”, and without warranties OF ANY KIND.
OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE USE OF THIS WEBSITE, IF ANY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITIES. 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.
We do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this website.
All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
Release; Covenant Not To Sue
You hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our or their officers, directors, owners, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with your use of this website, other than willful misconduct or our failure to honor an express commitment posted on this website. If you are a California resident, you hereby waive California Civil Code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Except as explicitly stated otherwise, any notices shall be given at the e-mail address you provide to us. Notice shall be deemed given 24 hours after the e-mail is sent, unless we are notified that the e- mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given 3 days after the date of mailing. If you have any issues regarding copyright infringement on our website, please review and comply with our DMCA Notice. XXXervice@.com
Any controversy or claim between you and us or our subsidiaries and affiliates, and our or their officers, directors and employees, arising out of or relating to this Agreement or your use of this website, shall be settled by binding arbitration, before a single arbitrator, in accordance with the commercial arbitration rules of JAMS which shall administer the arbitration. 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, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.
Choice of Law, Headings and Non-waiver
This Agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the State of Florida, USA without regard to rules governing conflicts of laws, except that in underlying transactions involving commerce, the enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the State of Florida. Either party’s failure to act with respect to a breach does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches.
Waiver and Severability
The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this Agreement.
Your Comments and Concerns.
This website is operated by THE EDGE.
All feedback, comments, requests for technical support and other communications relating to the website should be directed to: firstname.lastname@example.org
Thank you for visiting the website.
Personal Information is collected when users voluntarily register with the Site or contact Company via the Site in order to receive newsletters, new product launch information, and special events information or to answer surveys, enter contests and receive notices of other promotional opportunities, or when users or visitors of the Site (collectively, “Site Users”) otherwise voluntarily provide such information. Company may use the Personal Information you provide for various purposes, such as to create a personal customer profile in order to let you know of products, services or events that may be of special interest to you. However, Company will neither disclose nor sell any Personal Information about you to a party unaffiliated or unrelated to Company except (i) to comply with applicable laws, regulations, subpoenas or court orders or otherwise respond to government inquiries, (ii) protect the rights or property of Company or its affiliated or related entities or (iii) if Company reasonably believes that you have used information from the Site in order to commit unlawful acts or acts that may endanger the health and/or safety of any person or the public. Company may appoint third party service providers to administer and/or operate certain functions or services relating to the Site or Company operations and businesses, the performance of which may require or be facilitated by a transfer of the Personal Information submitted by you. Any such transfer shall be under strict confidentiality and security obligations and for the sole purpose of the performance of those obligations.
ADDITIONAL PRIVACY PROTECTION FOR CHILDREN USING THE INTERNET
Company does not intend to collect any Personal Information from children under the age of 13 years old. If we learn that a child under the age of 13 has provided Personal Information to the Site, we will promptly remove such information from the Site’s files.
Company also collects aggregate information, which is used in a collective manner, and from which no individual person can be identified. The types of aggregate information we collect may include frequency of visits to the Site, search terms entered, Site pages most frequently accessed and/or location, age or gender of Site Users (collectively, “Aggregate Information”). By knowing more about the general profile of our Site Users (without identifying any specific individual’s characteristics), we believe we can improve your experience. Aggregate Information collected on the Site may be used and disclosed in any way. For example, we may collect and analyze collected Aggregate Information to determine how many visitors arrived at certain pages of the Site, how long they stayed on those pages, and where they went afterwards. This information allows us to determine which pages might be the most interesting to our visitors and enables us to provide them with a better and richer experience on the Site. Additionally, we may use Aggregate Information to improve the performance of our Site, and to customize the content and layout of our Site pages for you.
INFORMATION THAT IS PUBLICLY AVAILABLE
When you create a User Account (as defined in the User Agreement), some information about your User Account and your account activity may be provided to other Site Users. This may include your username, the date you opened your User Account, the date you last logged into your User Account, your country, your zip code, and your interests. Your username may be displayed to other Site Users when you engage in certain activities on the Site, such as when you upload photographs through the Site. Other Site Users can contact you by leaving a message or comment on the Site. Any User Communications (as defined in the User Agreement, including, without limitation, photographs that you submit to the Site may be redistributed through the Internet and other media channels, and may be viewed by other Site Users or the general public.
Any Personal Information, User Communications or other content that you voluntarily disclose online (e.g., photographs) may be collected and used by others. IF YOU CHOOSE TO MAKE YOUR PERSONAL INFORMATION, ANY USER COMMUNICATIONS OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR ON THE SITE, YOU DO SO AT YOUR OWN RISK.
Cookies are pieces of information that any website may transfer to your browser that are then stored in your computer system. For example, Company will place a cookie on a visitor’s computer when he/she visits the Site. The next time that person visits the Site using the same computer, our server will recognize the cookie and the visitor. The deposit of cookies by the Site will allow Company to save your preferences for your next visit. Company’ cookies may also measure the general activity on the Site, which allows us to determine which areas and features are most popular. This information allows Company to make improvements to our Site. Most web browsers are set up to accept cookies. You can, however, reset your browser to refuse all cookies or to indicate when a cookie is being sent.
Protecting your information is of primary concern to Company. Company stores the information that it collects on a secure server. Notwithstanding the foregoing, no transmission of information over the Internet is guaranteed to be completely secure. It is possible that third parties not under the control of Company may be able to access or intercept transmissions unlawfully. While Company will use all reasonable attempts to keep your information secure, Company cannot absolutely guarantee that security. Thus, any information that you transmit to us is at your own risk.
LINKS TO OTHER SITES
If you prefer not to receive all, some or any part of the information that the Site may provide to you, let us know by accessing your personal profile and changing the options of the information that you wish to receive. Or, you may choose to unsubscribe completely by sending an email to email@example.com Please make sure to include your name, e-mail address and any message. Please note that any requests may take up to six to eight weeks to become effective. Company may still contact you to send you important information regarding the operation or administration of your personal profile. For additional information regarding Company’ policies regarding the Site please see our User Agreement.
In the event that Company or its parent or any affiliates is acquired (whether by sale of assets or ownership interests) by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the Personal Information and Aggregate Information (Personal Information and Aggregate Information collectively, the “Data”) we have collected from Site Users as part of such merger, acquisition, sale or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditor’s rights generally, we may transfer the Data to a successor or to a third party that purchases our assets arising from such circumstances.
STORAGE OF PERSONAL INFORMATION & MAINTENANCE OF SITE: