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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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