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TERMS AND CONDITIONS
- Introduction
Welcome to SuperRopeCinch.com
(hereafter “SuperRopeCinch.com” or “Site”). By using the services of this
Site, you are agreeing to the following terms, including those available by
hyperlink (hereafter the “Agreement” or “User Agreement”) with SuperRopeCinch (hereafter “we,” “our,” or “us”).
- Definitions
- An Unregistered User is a person who accesses
SuperRopeCinch.com without registering for an account.
- A Registered User is a
person who signs up for an account with SuperRopeCinch.com.
- A User is someone meeting any of the above categories.
- Acceptance
- All Users, whether registered or unregistered, accept all terms and
conditions contained in, or linked into, this User Agreement and the
Privacy
Policy. It is strongly recommended that, as you read this Agreement, that you
also access and read the linked information.
- Additionally, a
Registered User accepts all terms and conditions contained in, or linked into,
this User Agreement and the Privacy Policy, by registering for an account on
SuperRopeCinch.com.
- Using SuperRopeCinch.com
- While using SuperRopeCinch.com, you
will NOT:
- Post content or items in an inappropriate category or areas on
the Site;
- Violate any laws, or third-party rights;
- Use the Site if
you are not able to form legally binding contracts, are under the age of
eighteen (18), or are temporarily or indefinitely suspended from this Site;
- Advertise on this Site if you are not able to form legally binding contracts,
are under the age of eighteen (18), or are temporarily or indefinitely suspended
from advertising in any manner upon this Site;
- Advertise on this Site if
you are required to be licensed to perform the type of work or sell the
product(s) being advertised, and your license is missing, pending but not
issued, suspended, revoked, withdrawn or cancelled;
- Interfere with the
advertisements or listings of other users;
- Circumvent or manipulate our
fee structure, billing process, or fees owed to us;
- Post false,
inaccurate, misleading, defamatory, or libelous content (including personal
information);
- Take any action that may undermine the feedback or ratings
systems;
- Transfer your SuperRopeCinch.com account (including
feedback) and User ID to another party without our written consent;
- Distribute or post spam, chain letters, or pyramid schemes;
- Distribute
viruses or any other technologies that may harm this Site, anyone using this
Site, or SuperRopeCinch;
- Publish content or
images that are adult in nature or otherwise not appropriate for minors
(individuals under 18 years of age);
- Linking from SuperRopeCinch.com
to other sites containing material that is prohibited under one or more of our
policies;
- Copying, modifying, or distributing content from the Site in
violation of the intellectual property rights of SuperRopeCinch or of other Users; or,
- Harvest or otherwise collect
information about users, including email addresses and/or other contact
information, without their consent.
- As relating to the ability of
other Users to access the Site or the integrity of the information contained
therein, you further agree that you will NOT:
- Use any robot, spider,
scraper, or other automated means to access this Site for any purpose without
our express written permission;
- Take any action that imposes or may impose
(at our sole discretion) an unreasonable or disproportionately large load on the
Site infrastructure, or upon third parties that provide the Site with web
hosting, storage, communications, or other services;
- Copy, reproduce,
modify, create derivative works from, distribute or publicly display any content
(except for your own information) from the Site without our prior express
written consent as well as permission from the appropriate third party, as
applicable;
- Interfere or attempt to interfere with the proper working of
the Site or any activities conducted on the sites; or
- Bypass any measures
we may take now or in the future to restrict access to the Site.
- Unless an exception is noted, Users cannot use certain types of HTML or
JavaScript to manipulate any User’s experience with the Site. The scope of this
rule includes both Advertisements as well as to content contributed by other
Users. Moreover, this includes, but is not limited to, the use of HTML or
JavaScript to:
- Redirect the user from SuperRopeCinch.com to another page (such
as the “replace” script);
- Automatically call remote scripts and pages
(such as JavaScript includes or iframes);
- Change registry entries;
- Write to a User’s hard drive;
- Load any binary program onto another’s
computer (except for Flash content, and then only with our prior written
consent); or,
- Manipulate what the User sees, either inside or outside of
an Advertisement, within the Site.
- Abusing SuperRopeCinch.com
- Users may contact us of violations by using the
Contact Us page, as
available from the home page, or at other locations within the Site.
- Without limiting other remedies, we may limit, suspend (in whole or in part), or
terminate any account, prohibit access to our website, delay or remove hosted
content, and take technical and/or legal steps to keep users off the Site if we
think that they are creating technical or other problems, creating possible
legal liabilities, or acting inconsistently with the letter or spirit of the
policies contained herein. In addition, we reserve the right to cancel
unconfirmed accounts or accounts that have been inactive for a long time (except
that we will not cancel inactive Registered User accounts for the length
of the paid term).
- There are situations where we are compelled to take
action immediately without prior notice to any User. These situations include,
but are not limited to, actions taken in response to a lawful order from a
government authority (for example, a court order or subpoena), situations where
the product or service that is listed or advertised is unlawful on its face,
and/or where the continued posting of the advertisement or listing poses a
threat to the health or safety of others. In such cases, the affected User(s)
shall be advised of the removal and provided a reasonable opportunity to
respond.
- Fees and Services
- Purchasing the
SuperRopeCinch.com has both a product and a shipping and handling fee. We do charge fees for using other services,
including, but not limited to, the unlimited use of the SuperRopeCinch website. When
you use a service that has a fee you have an opportunity to review and accept
the fees that you will be charged.
- Permanent changes to fees, including the introduction of fees to
previously free services, are effective for existing Registered Users after we
provide you with at least fourteen (14) calendar days notice by posting the
changes on the Site, except as to Premium Advertisers on annual terms (as to the
annual fee for the use of Premium Advertisement Services). In the latter case,
the fee change is effective upon renewal.
- Temporary changes to fees
due to promotional events are effective when we post the promotional event on
the Site.
- Fees for new services are effective when we post the new
service on the Site.
- To the extent that fees are incurred, such fees
are due and payable upon receipt.
- If you provide credit card or other
payment information, you agree that it may be used towards automatically
renewing your fee-based services until you ask us to cancel. You agree to update
your credit card or other payment information, as appropriate.
- You
agree that fees are in U.S. dollars and must be paid in U.S. dollars.
- Content License
- When you give us content of any kind, you grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
(through multiple tiers) right to exercise the copyright, publicity, and
database rights (but no other rights) you have in the content, in any media
known now or in the future.
- Liability, Generally
- You agree that
you will not hold us responsible for the actions or inactions of other Users,
including (but not limited to) things posted by other Users on this Site. You
acknowledge that this Site is only a venue designed to allow the consumers the
ability to purchase the SuperRopeCinch.
- We cannot guarantee continuous or
secure access to our services, and operation of this Site may be interfered with
by numerous factors outside of our control. Accordingly, to the extent legally
permitted, all implied warranties, terms, and conditions are hereby excluded.
You agree that we shall not be liable for any loss of money, goodwill, or
reputation, or any special, indirect, or consequential damages arising from your
use of this Site. Some jurisdictions do not allow the disclaimer of warranties
or exclusion of damages, so such disclaimers and exclusions may not apply to
you.
- Notwithstanding the previous paragraph, if we are found to be
liable, then our liability to you or to any third party is limited to the
greater of;
- The total purchase price paid to us during the twelve (12) calendar
months prior to the action giving rise to the liability, as measured in U.S.
currency; and,
- One Hundred Dollars ($100.00) in U.S. currency.
- Your agreement not to hold us liable, pursuant to this section, extends not only
to SuperRopeCinch itself, but to its officers,
directors, agents, subsidiaries, joint ventures, and employees.
- We
cannot guarantee that a particular product or service, as advertised on this
Site, will be lawful or economically available in your geographic area. You are
strongly encouraged to check the laws of your area to make sure you will be able
to comply. You are also strongly encouraged to inquire about shipping,
installation or set-up charges, taxes, or other costs as applicable or
appropriate to the contemplated transaction.
- This Site is not
designed for Users residing outside the United States or Canada. For users
outside of these countries, we cannot guarantee that the Site will meet your
purposes or objectives or that it will function correctly in accepting personal
or other information.
- Release
- If you have a dispute with one or
more one or more Users, you expressly release us from claims, demands, and
damages (actual and consequential) of every kind and nature, known and unknown,
arising out of or in any way connected with such disputes.
- Your
agreement to release us, pursuant to this section, extends not only to
SuperRopeCinch itself, but to its officers, directors, agents,
subsidiaries, joint ventures, and employees.
- Privacy
- Your
information will not be sold or rented to third parties for their marketing
purposes without your express consent.
- Your information will be used
only in a manner in accord with our Privacy Policy. If you object to your
information being transferred or used in this manner, please do not use this
Site.
- Indemnity
- You shall indemnify and hold us harmless from
any claim or demand, including reasonable attorneys’ fees, made by any third
party due to or arising from your breach of this Agreement, or your violation of
any law or the rights of a third party.
- Your agreement to release us,
pursuant to this section, extends not only to SuperRopeCinch itself, but to its officers, directors, agents, subsidiaries,
joint ventures, and employees.
- No Agency
- You agree that no
agency, partnership, joint venture, employee-employer, franchisee-franchiser,
master-servant, or similar relationship is intended or created by this
Agreement, nor in connection with the use of any free or paid services offered,
nor in connection with the use of any other of our other services, whether
available now or in the future.
- Notices
- Except as explicitly
stated otherwise, legal notices shall be served as follows:
- SuperRopeCinch: SuperRopeCinch, or Just Right
Outdoor Products
- You:
- Through the name and address you provided during
purchase.
- By postal mail, through the mailing address you provided during
purchase.
- Where email is used, notice shall be deemed given twenty-four hours
after email is sent, unless the sending party is notified that the address is
invalid.
- Where postal mail is used, notice shall be deemed given
three (3) business days after the date of mailing.
- Resolution of
Disputes
- You and SuperRopeCinch agree that we
will resolve any claim or controversy, whether at law or equity, that arises out
of this Agreement or our services (a “Claim”) in accordance with this Section,
or as we and you otherwise agree in writing. If it is not, it shall be
considered improperly filed. Should you file a claim contrary to this Section,
we may recover attorneys’ fees and costs up to One Thousand Dollars ($1,000.00),
provided that we have notified you in writing of the improperly filed claim, and
you have failed to promptly withdraw the claim.
- This Agreement shall
be governed in all respects by the laws of the State of Michigan as they apply
to agreements entered into and performed entirely within Michigan between
Michigan residents, without regard to conflict of law provisions. You agree that
any claim or dispute you may have against us must be resolved by a court located
in Oakland County, Michigan, except as otherwise agreed by the parties in writing.
You agree to submit to the personal jurisdiction of the courts located in
Oakland County Michigan, for the purpose of litigating all such claims or
disputes.
- Additional Terms
- The following policies, as shown in
the Policy Appendix, are part of this Agreement and provide additional terms and
conditions related to specific services offered on the Site:
- Advertising
and Listing Guidelines Policy
- User Feedback Policy
- Community Content
Policy
- Each of the forgoing policies may be changed from time to time.
Changes take effect when we post them on the Site. All such policies or rules
are hereby incorporated into this Agreement.
- Amendments to this
Agreement
- We may amend this Agreement at any time by posting the amended
terms on this Site. Except as stated below or elsewhere, all amended terms shall
automatically be effective thirty (30) calendar days after they are initially
posted.
- Amended terms are effective immediately as to Unregistered Users.
- Amended terms are also effective at the time of registration as to Users who
newly register for an account at SuperRopeCinch.com.
- This
agreement may not be otherwise amended except by a writing signed by you and us.
- Concluding and Miscellaneous Provisions
- If any provision if
this Agreement is held to be invalid or unenforceable, such provision shall be
struck and the remaining terms and provisions shall be enforced.
- In
our sole discretion, we may assign this Agreement in accordance with the Notices
section.
- Section headings are used solely for the convenience of the
reader. They shall not be construed to limit the scope or extent of such
section.
- Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar breaches.
We do not guarantee that we will take action against all breaches of this
Agreement.
- This Agreement sets forth the entire understanding between
us with respect to the subject matter hereof.
- The following Sections
shall survive any termination of the Agreement:
- Fees and Services (with
respect to fees owed for our services);
- Release;
- Content License;
- Liability;
- Indemnity; and,
- Resolution of Disputes.
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