TERMS
AND CONDITIONS OF USE
Welcome to our website. This site is maintained as
a service to our customers. By using this site, you agree to comply
with and be bound by the following terms and conditions of use.
Please review these terms and conditions carefully. If you do not
agree to these terms and conditions, you should not use this site.
1. Agreement. This Agreement (the “Agreement'”)
specifies the Terms and Conditions for access to and use of [name
of website] (the “Site'”) and describe the terms and
conditions applicable to your access of and use of the Site. This
Agreement may be modified at any time by [name of website operator]
upon posting of the modified agreement. Any such modifications shall
be effective immediately. You can view the most recent version of
these terms at any time at [website address]. Each use by you shall
constitute and be deemed your unconditional acceptance of this Agreement.
2. Intellectual Property Ownership.
(a) Our Content. All content included on this site is and shall
continue to be the property of [name of website operator] or its
content suppliers and is protected under applicable copyright, patent,
trademark, and other proprietary rights. Any copying, redistribution,
use or publication by you of any such content or any part of the
Site is prohibited without express permission by [name of website
operator]. Under no circumstances will you acquire any ownership
rights or other interest in any content by or through your use of
this site. [Trademark] is the trademark or registered trademark
of [name of website operator]. Other product and company names mentioned
on this Site may be trademarks of their respective owners.
(b) User Supplied Content. By accessing our forum, bulletin board,
chat room, or any other user interactive area of our site, and placing
any information in any of those areas, you hereby grant us a perpetual,
irrevocable, royalty free license in and to such materials, including
but not limited to the right to post, publish, transmit, distribute,
create derivative works based upon, create translations of, modify,
amend, enhance, change, display and publicly perform such materials
in any form or media, whether now known or later discovered. You
also grant to others who access the forum, bulletin board, chat
room or any other user interactive area of our site a perpetual,
non-revocable, royalty free license to view, download, store and
reproduce your postings but such license is limited to the personal
use and enjoyment of such other party.
(c) Personal Use. [Name of website operator] grants you a limited,
revocable, nonexclusive license to use this site solely for your
own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works, or other use.
You agree not to copy materials on the site, reverse engineer or
break into the site, or use materials, products or services in violation
of any law. The use of this website is at the discretion of [name
of website operator] and [name of website operator] may terminate
your use of this website at any time.
(d) Other Uses. All other use of Content from the Site, including,
but not limited to uploading, downloading, modification, publication,
transmission, participation in the transfer or sale of, copying,
reproduction, republishing, creation of derivative works from, distribution,
performance, display, incorporation into another web site, reproducing
the Site (whether by linking, framing or any other method), or in
any other way exploiting any of the Content, in whole or in part,
is strictly prohibited without [Name of website operator] prior
express written consent.
3. Disclaimers.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED
ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU
AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. [Name of website
operator] DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY
IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING
TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE,
[Name of website operator] DOES NOT WARRANT THAT USE OF THE SITE
WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION,
SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. [Name of
website operator] , ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM
ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY
DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE'S SERVICES
IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA
THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY. [Name of website operator] SHALL NOT
BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER
ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE
OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
WHICH MAY BE INCURRED IN CONNECTION WITH [Name of website operator]
OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS
TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR
INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS
OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN
IF [Name of website operator] HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS. The information presented in this Website
is intended to be for your educational and entertainment purposes
only.
We
are not presenting you with a business opportunity.
We
are not presenting you with a distributorship.
We
are not making any claims as to income you may earn.
We
are not presenting you with an opportunity to get rich.
Before
embarking on any endeavor, please use caution and seek the advice
your own personal professional advisors, such as your attorney and
your accountant.
Where
income figures are mentioned (if any), those income figures are
anecdotal information passed on to us concerning the results achieved
by the individual sharing the information. We have performed no
independent verification of the statements made by those individuals.
Please do not assume that you will make those same income figures.
Please
do not construe any statement in this website as a claim or representation
of average earnings. There are NO average earnings. Testimonials
and statements of individuals are not to be construed as claims
or representations of average earnings. We cannot, do not, and will
not make any claims as to earnings, average, or otherwise.
Success
in any endeavor is based on many factors individual to you. We do
not know your educational background, your skills, your prior experience,
or the time you can and will devote to the endeavor.
Please
perform your own due diligence before embarking on any course of
action. Follow the advice of your personal qualified advisors.
There
are risks in any endeavor that are not suitable for everyone. If
you use capital, only "risk" capital should be used.
There
is no guarantee that you will earn any money using any of the ideas
presented in our in materials. Examples in our materials are not
to be interpreted as a promise or guarantee of earnings. Many factors
will be important in determining your actual results and no guarantees
are made that you will achieve results similar to ours or anybody
else’s. No guarantee is made that you will achieve any result
at all from the ideas in our material.
You
agree that we will not share in your success, nor will we be responsible
for your failure or for your actions in any endeavor you may undertake.
Please
understand that past performance cannot be an indication of possible
future results.
Materials
in our product and our website may contain information that includes
or is based upon forward-looking statements within the meaning of
the securities litigation reform act of 1995. Forward-looking statements
give our expectations or forecasts of future events. You can identify
these statements by the fact that they do not relate strictly to
historical or current facts. They use words such as “anticipate,”
“estimate,” “expect,” “project,”
“intend,” “plan,” “believe,”
and other words and terms of similar meaning in connection with
a description of potential earnings or financial performance. Any
and all forward looking statements in our materials are intended
to express our opinion of earnings potential. They are opinions
only and should not be relied upon as fact.
4. Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You enter and participate in our
forum, bulletin board, chat room, or any other user interactive
area of our site, and gain access to the materials contained thereon
at your own risk.
(b) No Monitoring. We do not monitor or screen communications on
our forum, bulletin board, chat room, or any other user interactive
area of our site and we are not responsible for any material that
any of our forum, bulletin board, chat room, or any other user interactive
area of our site participant posts and we do not assume the responsibility
to do so. In the event that we are notified by any party that any
communications contained in our forum, bulletin board, chat room,
or any other user interactive area of our site is contrary to these
terms, we may, but are not obligated to, investigate the situation
and determine in our own discretion, whether to remove such communication
from our forum, bulletin board, chat room, or any other user interactive
area of our site. We have no liability or responsibility to investigate
or remove any content from our forum, bulletin board, chat room,
or any other user interactive area of our site based upon a complaint
or otherwise.
(c) Your Reliance at Your Risk. We do not make any representations
or warranties as to the truth or accuracy of any statement made
or materials posted on or through our forum, bulletin board, chat
room, or any other user interactive area of our site. You agree
and acknowledge that you assume the risk of any actions you take
in reliance upon the information that may be contained in our forum,
bulletin board, chat room, or any other user interactive area of
our site.
(d) No Endorsement. We do not endorse or lend any credence for any
statements that are made by any participant in our forum, bulletin
board, chat room, or any other user interactive area of our site.
Any opinions or views expressed by our forum, bulletin board, chat
room, or any other user interactive area of our site participants
are their own. We do not endorse or support or otherwise give any
credence or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully responsible for your own
statements and materials that you post in our forum, bulletin board,
chat room, or any other user interactive area of our site and any
consequences, whether or not foreseen, to any party who may rely
upon these statements. You agree that you will not take any action
directed towards attempting to hold us responsible for any such
materials or statements.
(f) Removal of Material. As a participant in our forum, bulletin
board, chat room, or any other user interactive area of our site,
you agree that we may remove any materials from our forum, bulletin
board, chat room, or any other user interactive area of our site
for any reason, in our sole discretion, or for no reason at all.
This includes material which is disruptive, abusive, offensive,
illegal, vulgar, pornographic, or any other material. You hold us
harmless from and against any damage you or others may suffer as
a result of our removal of any content from our forum, bulletin
board, chat room, or any other user interactive area of our site
or from the discontinuance of our forum, bulletin board, chat room,
or any other user interactive area of our site at any time.
(g) Right to Expel. We have the right to remove, expel, or disqualify
any party from participation and access to our forum, bulletin board,
chat room, or any other user interactive area of our site for any
time and for any reason, or for no reason whatsoever, in our sole
and absolute discretion. This includes, but is not limited to any
violation of this agreement, disruptive behavior, complaints from
other parties, any allegedly illegal activity, or for any other
reason or for no reason at all.
(h) Right to Terminate. We reserve the right to terminate our forum,
bulletin board, chat room, or any other user interactive area of
our site at any time and all users hold us harmless from and against
any claims, damages, suits, threats, demands, liabilities, actions,
causes of action, or injuries that may result therefrom, including
but not limited to any consequential, incidental, and special damages
of every nature and type.
(i) Prohibitions. You agree that you will not (1) use our forum,
bulletin board, chat room, or any other user interactive area of
our site for any illegal purpose, (2) place any material in our
forum, bulletin board, chat room, or any other user interactive
area of our site that violates the copyrights, trademarks, trade
secrets, confidential information or other rights of any other party,
(3) place any material in our forum, bulletin board, chat room,
or any other user interactive area of our site that contains a false
statement about any person, infringes upon the privacy rights of
any other person, or threatens, harasses, abuses or embarrasses
any other person, (4) place any obscene, pornographic, sexually
explicit or violent materials, graphics, photographs, text or otherwise
in our forum, bulletin board, chat room, or any other user interactive
area of our site, (5) place any advertising, attempted business
solicitation, marketing materials or sales promotional materials
in our forum, bulletin board, chat room, or any other user interactive
area of our site, (6) pretend to be another person that you are
not, (7) place materials in our forum, bulletin board, chat room,
or any other user interactive area of our site that are disruptive
or off-topic.
(j) Hold Harmless and Indemnify. You hold us harmless from, and
indemnify us against, any and all claims for damages from third
parties arising from your participation, use or conduct in our forum,
bulletin board, chat room, or any other user interactive area of
our site.
5. Miscellaneous.
(a) Prohibition Against Data Mining. You are prohibited from data
mining, scraping, crawling, email harvesting or using any process
or processes that send automated queries to the [Name of website
operator] Web site. You may not use the TJ Hardware, Inc. Web site
to compile a collection of listings, including a competing listing
product or service. You may not use the Site or any Materials for
any unsolicited commercial e-mail.
(b) Intended Audience. This website is intended for adults
only. This website is not intended for any children under the age
of 18.
(c) Compliance with Laws. You agree to comply with all applicable
laws regarding your use of the website. You further agreed that
information provided by you is truthful and accurate to the best
of your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold
TJ Hardware, Inc. and our partners, employees, and affiliates, harmless
from any liability, loss, claim and expense, including reasonable
attorney's fees, related to your violation of this Agreement or
use of the Site.
(e) Privacy. Your visit to our site is also governed by our
Privacy Policy. Please review our Privacy
Policy. TJ Hardware, Inc. reserves the right, and you authorize
us, to use and assign all information regarding site uses by you
and all information provided by you in any manner consistent with
our Privacy Policy.
(f) DMCA Notice. If you believe your work has been copied in a way
that constitutes copyright infringement, please provide a notice
containing all of the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been
infringed;
(3) A description of where the material that you claim is infringing
is located on the Site;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law; and
(6) A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement
on the Site is TJ Hardware, Inc., who can be reached as follows:
By Mail: 3111 Amherst Dr. NE, Albuquerque, NM 87107
By Phone: 505 881 4325
By e-mail: thomas@tjhardware.com
(g) Applicable Law. You agree that the laws of the state of
New Mexico, without regard to conflicts of laws provisions will
govern these Terms and Condition of Use and any dispute that may
arise between you and [name of website operator] or its affiliates.
Venue shall be in Bernalillo County.
(h) Arbitration. As part of the consideration that [name of website
operator] requires for viewing, using or interacting with this website,
you agree to the use of binding arbitration for any claim, dispute,
or controversy of any kind (whether in contract, tort or otherwise)
arising out of or relating to this website. Arbitration shall be
conducted pursuant to the rules of the American Arbitration Association
which are in effect on the date a dispute is submitted to the American
Arbitration Association. Information about the American Arbitration
Association, its rules, and its forms are available from the American
Arbitration Association, 335 Madison Avenue, Floor 10, New York,
New York, 10017-4605. Hearing will take place in the city
or county of Bernalillo. In no case shall you have the right to
go to court or have a jury trial. You will not have the right
to engage in pre-trial discovery except as provided in the rules;
you will not have the right to participate as a representative or
member of any class of claimants pertaining to any claim subject
to arbitration; the arbitrator's decision will be final and binding
with limited rights of appeal. The prevailing party shall be reimbursed
by the other party for any and all costs associated with the dispute
arbitration, including attorney fees, collection fees, investigation
fees, and travel expenses.
(i) Severability. If any provision of this Agreement shall
be adjudged by any court of competent jurisdiction to be unenforceable
or invalid, that provision shall be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise remain
in full force and effect.
(j) Termination. TJ Hardware may terminate this Agreement at
any time, with or without notice, for any reason.
(k) Contact Information.
HOW TO CONTACT US:
TJ
Hardware, Inc.
By Mail: 3111 Amherst Dr. NE, Albuquerque, NM 87107
By Phone: 505 881 4325
By e-mail: thomas@tjhardware.com
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