TERMS
and CONDITIONS
PLEASE READ ALL THE PROVISIONS OF THIS MEMBERSHIP AGREEMENT CAREFULLY. By joining, you become a Subscriber and are entering into a binding and enforceable contract with myepricer.com. ("Company"; "We"; "Site") and you ("Member"; "Subscriber" ; "You"; "Your") agree to be bound by these Terms and Conditions (the "Agreement"). This agreement is subject to change at any time, and changes may be effective without notice upon each Subscriber.
DEFINITIONS
- The term "Site", as referred to in these terms and conditions shall mean -
the Site for which you are acquiring a username and password (login) in order
to gain access to that site and enjoy its contents and benefits of membership.
The "Site" shall include the owner thereof all agents acting on its behalf. The
term "Member" or "Membership", as referred to in the terms and conditions shall
mean -The holder (Subscriber) of a valid username and password (login) for the
Site during the term of membership. Membership is non-transferable and
non-assignable. The term "Subscriber", as referred to in the terms and
conditions shall mean - The End-user, Consumer, of the services of the Site and
holder of a valid username and password (login) for the Site. The term "Login",
as referred to in the terms and conditions shall mean - The combination of
unique username and password that is used to access, the Site. A Login is a
non-exclusive, non-transferable license for that individual member, and no
other, to use the Site for a period of time. The term "Bookmarking", as
referred to in the terms and conditions shall mean - The act of placing a
webpage (URL) into a temporary file on the Subscribers browser so that the
subscriber may return to that page at a future date directly, without passing
through any pages that may have been precedent.
NON-ASSIGNABILITY/THEFT OF LOGIN - Your Membership, username and password (login), may not be assigned or transferred to any other person or entity. Subscriber must promptly inform the Site of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. Until the Site is notified, by e-mail, or by telephone, of any breach in security, the Subscriber will remain personally liable for any unauthorized use of the Service. Subscriber is and shall be personally liable for, and shall defend, indemnify and hold harmless the Site and any agency acting on its behalf from any and all damages (including loss of profits, loss of property, fines and penalties), losses and costs (including attorneys' fees) resulting from any attempted or actual unauthorized downloading or other duplication whether solely by Subscriber or with or under the authority of any other including governmental agency. All subscriptions are single user subscriptions. Username and passwords are not to be shared and are the responsibility of the subscriber to keep secure.
TERMINATION/CANCELLATION
- Subscription to the Service may be terminated at any time, and without cause,
by either the Site or the Subscriber upon notification of the other by
electronic or conventional mail, by telephone, or by fax.GRANT
OF LIMITED LICENSE WITH RESERVATIONS - Memberships to the Site are provided for
personal use by customers of the Site. As customers, visitors to the Site
hereby granted a single copy license to download (on a single computer only) or
print copies of any of the information found on the Site for personal use only.
In addition, you may not modify any of the materials found on the Site; use
them for any public display, performance, sale or rental; remove, modify or
alter any copyright or other proprietary notice or trademarks there from; or
transfer any material located on the Site to any other person. The Site
reserves the right to terminate this license at any time if you breach the
terms of this agreement, in which case you will be obligated to immediately
destroy any information downloaded, printed or otherwise copied from the Site.
Access to and use of the Site is through a combination of a username and a
password (login). Each Subscriber must keep his or her login strictly
confidential. For security reasons, the Site will not release passwords for any
reason, to anyone other than the Subscriber, except as may be specifically
required by law or court order. Unauthorized access to the Site is a breach of
this Agreement and a violation of law.
You acknowledge and
agree that all materials contained at the Site are proprietary and constitute
valuable intellectual property owned by the Site or its administrator
("Company") or others who have licensed use of such materials to the Company.
You acknowledge and agree that as such You may only access, view, download,
receive and otherwise use the materials available at the Site only as
authorized by the Company.
You acknowledge that
you understand that the Company does not authorize access to any part of the
Site in any manner contrary to the express provisions of this Agreement.
You further represent
and warrant to the Company that your agreement to these terms and conditions
constitutes an agreement that You shall not access, or attempt to access any
materials available at the Site in a manner not expressly authorized by the
Company. You agree and warrant that You shall at no time access view download,
receive or otherwise use, or cause or enable others to access, view, download,
receive or otherwise use materials directly or indirectly in places which the
Company does not authorize such access, viewing, downloading, receipt or other
use.
You further
acknowledge that you understand and agree that any and all unauthorized access,
viewing, downloading, receipt, duplication or other use of materials from the
Site, in which You are directly or indirectly involved in an manner shall
constitute intentional infringement(s) of the Company's and potentially others'
intellectual property rights and other rights in such materials and shall
further constitute a violation of trademark and other rights including, but not
limited to rights of privacy.
BOOKMARKING -
Bookmarking to a page on the Site whereby the Warning page(s) and/or terms and
conditions are by-passed shall constitute an implicit acceptance of the terms
and conditions herein and an explicit acknowledgement of age of majority.
DISCLAIMERS - THE
MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESSED OR IMPLIED
WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT
OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE OFFERS
NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. THE SITE DOES NOT WARRANT
THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER
ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY
CHANGE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT SUBSCRIBER IS LOCATED WHERE
SUCH DISCLAIMER IS INAPPLICABLE OR RESTRICTED, THE DISCLAIMER MAY NOT APPLY AND
SUBSCRIBER MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE TO STATE OR
JURISDICTION. THE SITE AND THE SITE OWNER MAKE NO REPRESENTATION AS TO ANY OF
THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR SERVICES PROVIDED
PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR
INCONVENIENCE TO SUBSCRIBER OR ANYONE CLAIMING THROUGH SUBSCRIBER, SUBSCRIBER
ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR SAME. IN THE EVENT THE SITE OR
THE SITE OWNER ARE FOUND LIABLE FOR ANY FAILURE TO PERFORM, ERROR, OMISSION,
INTERUPTION, DEFECT, DELAY OR OTHERWISE AND REGARDLESS OF WHETHER BASED UPON
BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM OR CAUSE OF ACTION, THE
MAXIMUM LIABILITY OF THE SITE AND THE SITE OWNER SHALL BE FOR NO MORE THAN THE
AMOUNT OF THE SUBSCRIPTION FEE PAID BY OR ON BEHALF OF THE SUBSCRIBER FOR THE
PRECEEDING MONTH. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY. HOWEVER, UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY SHALL THE SITE OR THE SITE OWNER, OR ANY OF THEIR
SUPLIERS, LICENSEES, AGENTS OR OTHER SUBSCRIBERS BE LIABLE, TO SUBSCRIBER OR
OTHERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER OR
OTHER EQUIPMENT FAILURE OR MALFUNCTION.
Subscribers are
responsible for providing all personal computer and communications equipment
necessary to gain access to the Site. All materials on the Site are
proprietary, constitute valuable intellectual property, are copyrighted and are
protected under treaty provisions and worldwide copyright laws. The Site's
materials may not be reproduced, copied, edited, published, transmitted or
uploaded in any way without written permission. Except as expressly stated in
the limited license provision of these terms and conditions, purchase of a
Membership does not grant any express or implied right to you under any of its
trademarks, copyrights or other proprietary information. Except for third party
advertisements or communications, for which neither the Site nor the Site
owner, screen nor endorse, the Site's contents are controlled and operated by
the Site owner. No representation is made that the materials available on the
Site are appropriate or available for use in other locations, and access to
them from jurisdictions where their contents are illegal is prohibited. These
terms and conditions are to be governed and construed by
LINKS TO THIRD PARTY
SITES - This Site may contain links to other sites which are controlled by
third parties. Those linked sites are not under the control of the Site owner
or operator and this Site is not responsible for the contents of any linked
site or any link contained in a link site. The Site is providing those links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by the Site of any other linked site.
MODIFICATION - The
Site reserves the right, in its discretion, to change or modify all or any part
of these Terms and Conditions at any time for any reason or no reason. Any
changes will be effective immediately once they are posted on the Site. Your
continued use of the Site constitutes your binding acceptance of these Terms
and Conditions, including any changes made by the Site, as permitted above. If
you desire not to be bound by any modification of these Terms and Conditions,
you should stop using the website. The updated, online version of these Terms
and Conditions shall supersede any prior version.
AUTHORIZATIONS AND
PERMISSIONS - You hereby authorize and permit notices, advertisements, E-mail
and other communications to be sent to You from Company or its authorized
agents, assigns, representatives, advertisers and contractors by means of
e-mail, or phone calls. Moreover, You agree that Your authorization and
permission to Company to send You such materials and communications shall
continue to be in effect unless and until You notify Company that You do not
wish to be contacted.