Website Term of Use
 
If you do not agree to the Terms of Use, discontinue using the site immediately!

By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site.

This Terms of Use covers products provided by, or through, us.

You are bound by policies from other entities who provide products through us to you. These policies are "passed through" to you by this Terms of Use. You are strongly encouraged to review these policies prior to agreeing to be bound by this Terms of Use. We will provide you with information about these policies on request.

Accepted Uses of Products/Services, Member Resources, Website and Hosting:

You may use our network for lawful purposes only. Your use must also correspond with accepted Internet usage, not endanger our network or our corporate business goals. What is acceptable is determined solely by us. We do not review, edit, censor, or take responsibility for any information transmitted using our network. Because of this, we cannot accept any responsibility from customers or third parties that results from inaccurate, unsuitable, offensive, or illegal content or transactions.

Certain content is prohibited

You are responsible for any content transmitted, or accessed, using our network. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation is prohibited. You may not use our network to directly facilitate the violation of any particular law, regulation or this terms of use. The activities listed below are meant to provide you with examples of activities that are strictly prohibited by this terms of use. Use of our network to engage in the following activities is strictly prohibited:

* defamation, harassment, obscenity, or threatening activity;
* selling, or otherwise disseminating, pornography or other erotic material, regardless of its literary merit;
* gambling, ponzi schemes or chain letters, regardless of content, and regardless of your citizenship;
* posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate);
* impersonating another user or otherwise falsifying one's user name in e-mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service;
* network unfriendly activity: attempts to interfere with our network or network connections or which adversely affect the ability of other people or systems to use our network or the Internet;
* creating, posting or sending Warez, Roms, CD-Keys, cracks, passwords, serial numbers, Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
* posting links to prohibited items, facilitating a violation of this terms of use, or instructing others in illegal or prohibited activities; and
* setting up or using (via the Service) anonymous proxies.

Unsolicited commercial e-mail, or SPAM, is prohibited

Our network is not designed to be used for mailing lists with over 500 recipients. You may not send e-mail to more than 500 recipients. Even if you send e-mail to fewer than 500 recipients, we will consider your mail to be unsolicited, or SPAM, if it results in a number of complaints to us, disrupts our network, or subjects us to unfavorable action by other Internet providers. Please review the "CAN-SPAM Act" and ensure that any commercial e-mail you send complies with this Act. E-mail that is "CAN-SPAM compliant" may still otherwise be prohibited by our Terms of Use.

We are each responsible for ensuring the stability of our network

Our network is designed to meet the anticipated needs of our customers, users, and our needs. If we determine that your use of our network impairs the stability of our network, we may suspend your use of the network, or terminate our agreement with you. Examples of activity that jeopardize the stability of our network include, but are not limited to: using excess bandwidth, overutilization of our servers, and excessive e-mail usage

PCI Data Security Standards

It's your responsibility to comply with the PCI standards if you take credit card on your website. We suggest you use third party processing sevice
(such as, Paypal standard, Authorize.net CIM) and find quality developer to customize/maintain your website and payment system. You should also use certified PCI consultant/scanner and security device (such as firewall, encrypency software etc.) to ensure your website/ payment system and Internet security.

We may monitor your use of our network, including communications

We have the duty and obligation to comply with U.S. law. In certain cases that means that your use of our network will be monitored. This monitoring may include monitoring your e-mail, or other methods of communication, including voice communication. You may not be notified that we are monitoring your use of the network. You agree that we are not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that you have no expectation of privacy.

Use of software

We may provide software for you to use while you are a customer. Generally speaking, this software is sublicensed to you, and may not be further sublicensed or used for purposes other than those expressly permitted in this Terms of use, and in the documentation provided with the software. You will be given, or given access to, a software license. This license may further restrict your use of the software. We do not provide support for software whether you license it through us, or have licensed it independently.

Credits

If we suspend or terminate your use of our network because you have violated this trerms of use, or any of the agreements, policies or regulations incorporated into it, we will not provide you with a credit. Our Service Level Agreement does not apply to disruptions to your use of the network because of such a violation. You agree to hold us harmless from any claims that such a disruption has caused damage to you or a third party, regardless of whether you informed us of the possibility of such damage.

While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of our third party service providers, or the actions of individuals who use your products and services (End Users).

The Services may be provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. We will use commercially reasonable efforts to inform you of those changes. However, you may not terminate this terms of use based on such a change by a third party.

Payment

Your invoice is generated when it's paid on the due date. The due date is the day of the month you signed up (Due Date). Your credit card will be charged on the Due Date. You are responsible for the fees and charges set out on the page describing the Services you have purchased, according to the terms set out on that page. In addition, certain aspects of the Services may be billed by third parties to you, through us. All of these are referred to collectively as "Fees."  Our refund policy is "all charges are non-refundable" since service starts (member benefit accessable) when payment is done.

Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date without set off or deduction. Fees may not appear on your invoice immediately after a Service is rendered. Fees will be past due, and your account may be suspended, if we attempt to charge your credit card and are unable to collect the Fees.

Should your account be suspended for any reason, Fees will continue to accrue. To reinstate your account, you will be required to pay any fees levied on us by our financial institution plus a $25 administrative fee. You must inform us in writing of any Fee disputes at least 5 days before the Due Date.

Termination

You may terminate the services at anytime by following the way our system requested. Since all products are digital format and the service stars (benefits can be access) when the payment was done, all charges will be non-refundable.

We reserve the right to immediately terminate this terms of use, and suspend or cancel the Services: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we exercise these rights.

Upon termination, your account will be closed. We have no responsibility to forward e-mail/other communications, and we'll not keep any data or materials for you once your account is closed. You are encouraged to keep the Service active during a transition period should you seek to forward your e-mail or other communications.

You agree to cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with necessary information/materials and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services.

You are responsible for all long distance and/or connection charges associated with the Services. You are responsible for the Fees once our Services are made available to you. It is your responsibility to ensure that you can connect with us to use the Services.

Disclaimers

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT HEREIN, ESTORE VALUE INC HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND TITLE. ESTORE VALUE INC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ESTORE VALUE INC IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY US. ESTORE VALUE INC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO ESTORE VALUE INC SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.

THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM ESTORE VALUE INC, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.


Restrictions on Use of Materials

Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of eStore Value Inc or of other owners used with their permission.

Database Ownership, License, and Use

eStore Value Inc warrants, and you accept, that eStore Value Inc is the owner of the copyright of the Databases of Links to articles and resources available from time to time through http://www.eStoreValue.com or any related website under eStore Value Inc. eStore Value Inc and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.

eStore Value Inc grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.

You agree to use information obtained from eStore Value Inc's databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

Liability

The materials in this site are provided "as is" and without warranties of any kind either express or implied. eStore Value Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. eStore Value Inc. does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. eStore Value Inc does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not eStore Value Inc assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall eStore Value Inc be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if eStore Value Inc or a eStore Value Inc authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall eStore Value Inc's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to eStore Value Inc and such information should not be relied upon as all-inclusive or accurate.

Links and Marks

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of eStore Value Inc and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by eStore Value Inc or its subsidiaries and affiliates.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of eStore Value Inc or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from eStore Value Inc, and all information to which you have access through password-protected areas of eStore Value Inc's websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

Other Legal Stuff

These Terms of Use will apply to every access to http://www.eStoreValue.com and any related website under eStore Value Inc. eStore Value Inc reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from eStoreValue.com or related website under eStore Value Inc and will be a separate, discrete transaction based on the then prevailing terms.

This Terms of Use and the license granted may not be assigned or sublet by You without eStore Value Inc's written consent in advance.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the New York, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate eStore Value Inc and/or its affiliates' intellectual property rights, eStore Value Inc and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: New York City. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: New York City, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

Termination

These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all eStore Value Inc site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at eStore Value Inc's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other eStore Value Inc site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.


 
 
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