Terms of Use
Terms of Use
April 5, 2020
Last updated April 04, 2020
AGREEMENT TO TERMS These
Terms of Use constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”) and One Less
Orphan Benefit Shop (“Company“, “we”, “us”, or “our”),
concerning your access to and use of the onelessorphanpo.org website
as well as any other media form, media channel, mobile website or
mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”). The Site provides an online marketplace for
the following goods, products, and/or services: New and used clothing
and children’s toys. (the “Marketplace Offerings”). In order to help
make the Site a secure environment for the purchase and sale of
Marketplace Offerings, all users are required to accept and comply with
these Terms of Use. You agree that by accessing the Site and/or the
Marketplace Offerings, you have read, understood, and agree to be bound
by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE
AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may
be posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms of Use at
any time and for any reason. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use, and you waive
any right to receive specific notice of each such change. It is your
responsibility to periodically review these Terms of Use to stay
informed of updates. You will be subject to, and will be deemed to have
been made aware of and to have accepted, the changes in any revised
Terms of Use by your continued use of the Site after the date such
revised Terms of Use are posted. The information provided on the Site
is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are
applicable.
The Site is not tailored to comply with
industry-specific regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use this Site. You may not use the Site in a way that
would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is
intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Site or use the
Marketplace Offerings.
INTELLECTUAL PROPERTY RIGHTS Unless otherwise
indicated, the Site and the Marketplace Offerings are our proprietary
property and all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics on the
Site (collectively, the “Content”) and the trademarks, service marks,
and logos contained therein (the “Marks”) are owned or controlled by us
or licensed to us, and are protected by copyright and trademark laws and
various other intellectual property rights and unfair competition laws
of the United States, international copyright laws, and international
conventions. The Content and the Marks are provided on the Site “AS IS”
for your information and personal use only. Except as expressly provided
in these Terms of Use, no part of the Site or the Marketplace Offerings
and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written
permission. Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or
print a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use. We reserve
all rights not expressly granted to you in and to the Site, the Content
and the Marks.
USER REPRESENTATIONS By using the Site or the Marketplace Offerings, you represent and warrant that:
(1) all registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with
these Terms of Use; (4) you are not a minor in the jurisdiction in which
you reside; (5) you will not access the Site or the Marketplace
Offerings through automated or non-human means, whether through a bot,
script or otherwise; (6) you will not use the Site for any illegal or
unauthorized purpose; and (7) your use of the Site or the Marketplace
Offerings will not violate any applicable law or regulation. If you
provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion
thereof).
You may not use the Site or the Marketplace Offerings for
any illegal or unauthorized purpose nor may you, in the use of
Marketplace Offerings, violate any laws. Among unauthorized Marketplace
Offerings are the following: intoxicants of any sort; illegal drugs or
other illegal products; alcoholic beverages; games of chance; and
pornography or graphic adult content, images, or other adult products.
Postings of any unauthorized products or content may result in
immediate termination of your account and a lifetime ban from use of
the Site. We are a service provider and make no representations as to
the safety, effectiveness, adequacy, accuracy, availability, prices,
ratings, reviews, or legality of any of the information contained on the
Site or the Marketplace Offerings displayed or offered through the
Site. You understand and agree that the content of the Site does not
contain or constitute representations to be reasonably relied upon, and
you agree to hold us harmless from any errors, omissions, or
misrepresentations contained within the Site’s content. We do not
endorse or recommend any Marketplace Offerings and the Site is provided
for informational and advertising purposes only.
USER REGISTRATION You may be required to register
with the Site in order to access the Marketplace Offerings. You agree to
keep your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole discretion,
that such username is inappropriate, obscene, or otherwise
objectionable.
MARKETPLACE OFFERINGS
We make every effort to
display as accurately as possible the colors, features, specifications,
and details of the Marketplace Offerings available on the Site.
However, we do not guarantee that the colors, features, specifications,
and details of the Marketplace Offerings will be accurate, complete,
reliable, current, or free of other errors, and your electronic display
may not accurately reflect the actual colors and details of the
products. All Marketplace Offerings are subject to availability, and we
cannot guarantee that Marketplace Offerings will be in stock. Certain
Marketplace Offerings may be available exclusively online through the
Site. Such Marketplace Offerings may have limited quantities and are
subject to return or exchange only according to our Return Policy.
We
reserve the right to limit the quantities of the Marketplace Offerings
offered or available on the Site. All descriptions or pricing of the
Marketplace Offerings are subject to change at any time without notice,
at our sole discretion. We reserve the right to discontinue any
Marketplace Offerings at any time for any reason. We do not warrant that
the quality of any of the Marketplace Offerings purchased by you will
meet your expectations or that any errors in the Site will be
corrected.
PURCHASES AND PAYMENT
We accept the following forms of payment:
– Visa- Mastercard- American Express- Discover- PayPal
You
agree to provide current, complete, and accurate purchase and account
information for all purchases of the Marketplace Offerings made via the
Site. You further agree to promptly update account and payment
information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact
you as needed. Sales tax will be added to the price of purchases as
deemed required by us. We may change prices at any time. All payments
shall be in U.S. dollars. You agree to pay all charges at the prices
then in effect for your purchases and any applicable shipping fees, and
you authorize us to charge your chosen payment provider for any such
amounts upon placing your order. We reserve the right to correct any
errors or mistakes in pricing, even if we have already requested or
received payment. We reserve the right to refuse any order placed
through the Site. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same
billing or shipping address. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers,
resellers, or distributors.
RETURN/REFUNDS POLICY
Please review our Return Policy posted on the Site prior to making any purchases.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us. As a user of the Site, you
agree not to:
1. Make any unauthorized use of the Marketplace
Offerings, including collecting usernames and/or email addresses of
users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or
under false pretenses.
2. Systematically retrieve data or other
content from the Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written
permission from us.
3. Use the Site to advertise or offer to sell
goods and services.4. Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that prevent
or restrict the use or copying of any Content or enforce limitations
on the use of the Site and/or the Content contained therein.5. Engage
in unauthorized framing of or linking to the Site.6. Trick, defraud,
or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.7. Make improper
use of our support services or submit false reports of abuse or
misconduct.8. Engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools.9. Interfere
with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.10. Attempt to impersonate another user
or person or use the username of another user.11. Sell or otherwise
transfer your profile.12. Use any information obtained from the Site in
order to harass, abuse, or harm another person.13. Use the
Marketplace Offerings as part of any effort to compete with us or
otherwise use the Site and/or the Content for any revenue-generating
endeavor or commercial enterprise.14. Decipher, decompile, disassemble,
or reverse engineer any of the software comprising or in any way making
up a part of the Site.15. Attempt to bypass any measures of the Site
designed to prevent or restrict access to the Site, or any portion of
the Site.16. Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion of the Marketplace
Offerings to you.17. Delete the copyright or other proprietary rights
notice from any Content.18. Copy or adapt the Site’s software,
including but not limited to Flash, PHP, HTML, JavaScript, or other
code.19. Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive text),
that interferes with any party’s uninterrupted use and enjoyment of the
Site or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Marketplace
Offerings.20. Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or active information
collection or transmission mechanism, including without limitation,
clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as “spyware”
or “passive collection mechanisms” or “pcms”).21. Except as may be
the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Site, or using or launching any unauthorized
script or other software.22. Disparage, tarnish, or otherwise harm, in
our opinion, us and/or the Site.
23. Use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS The
Site does not offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us
or on the Site, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and through
third-party websites. As such, any Contributions you transmit may be
treated in accordance with the Site Privacy Policy. When you create or
make available any Contributions, you thereby represent and warrant
that: 1.
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. You are the creator
and owner of or have the necessary licenses, rights, consents, releases,
and permissions to use and to authorize us, the Site, and other users
of the Site to use your Contributions in any manner contemplated by the
Site and these Terms of Use.
3. You have the written consent,
release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and
every such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Site and these
Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5.
Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
6. Your Contributions are
not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8.
Your Contributions do not advocate the violent overthrow of any
government or incite, encourage, or threaten physical harm against
another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11.
Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the
age of 18 in a sexual or violent manner.
12. Your Contributions do
not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
13.
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
14. Your Contributions do not otherwise violate,
or link to material that violates, any provision of these Terms of Use,
or any applicable law or regulation.
Any use
of the Site or the Marketplace Offerings in violation of the foregoing
violates these Terms of Use and may result in, among other things,
termination or suspension of your rights to use the Site and the
Marketplace Offerings.
CONTRIBUTION LICENSEYou and
the Site agree that we may access, store, process, and use any
information and personal data that you provide following the terms of
the Privacy Policy and your choices (including settings).
By
submitting suggestions or other feedback regarding the Site, you agree
that we can use and share such feedback for any purpose without
compensation to you.
We do not
assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for
your Contributions to the Site and you expressly agree to exonerate us
from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
GUIDELINES FOR REVIEWS We may
provide you areas on the Site to leave reviews or ratings. When posting a
review, you must comply with the following criteria: (1) you should
have firsthand experience with the person/entity being reviewed; (2)
your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hate language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability; (4) your
reviews should not contain references to illegal activity; (5) you
should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements; and (8) you may
not organize a campaign encouraging others to post reviews, whether
positive or negative. We may accept,
reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our
opinions or the views of any of our affiliates or partners. We do not assume liability for any review or
for any claims, liabilities, or losses resulting from any review. By posting a
review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all content relating to reviews.
SUBMISSIONS You
acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site or the Marketplace
Offerings (“Submissions”) provided by you to us are non-confidential and
shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation
to you. You hereby waive all moral rights to any such Submissions, and
you hereby warrant that any such Submissions are original with you or
that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement
or misappropriation of any proprietary right in your Submissions.
SITE MANAGEMENT We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site and the Marketplace Offerings.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: onelessorphanpo.org/privacy-policy.
By using the Site or the Marketplace Offerings, you agree to be bound
by our Privacy Policy, which is incorporated into these Terms of Use.
Please be advised the Site and the Marketplace Offerings are hosted in
the United States.
If you access the Site or the Marketplace Offerings from any other
region of the world with laws or other requirements governing personal
data collection, use, or disclosure that differ from applicable laws in
the United States, then through your continued use of the Site, you are
transferring your data to the United States, and you agree to have your
data transferred to and processed in the United States.
TERM AND
TERMINATION These
Terms of Use shall remain in full force and effect while you use the
Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE
OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF
USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR
ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate
or suspend your account for any reason, you are prohibited from
registering and
creating a new account under your name, a fake or borrowed name, or the
name of
any third party, even if you may be acting on behalf of the third party.
In
addition to terminating or suspending your account, we reserve the right
to
take appropriate legal action, including without limitation pursuing
civil,
criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS We
reserve the right to change, modify, or remove the contents of the Site
at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site. We
also reserve the right to modify or discontinue all or part of the
Marketplace Offerings without notice at any time. We will not be liable
to you or any third party for any modification, price change,
suspension, or discontinuance of the Site or the Marketplace Offerings. We cannot
guarantee
the Site and the Marketplace Offerings will be available at all times.
We may experience hardware, software,
or other problems or need to perform maintenance related to the Site,
resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or
otherwise
modify the Site or the Marketplace Offerings at any time or for any
reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to
access or use the Site or the Marketplace Offerings during any downtime
or discontinuance of the Site or the Marketplace Offerings. Nothing in
these Terms of Use will be
construed to obligate us to maintain and support the Site or the
Marketplace Offerings or to supply any
corrections, updates, or releases in connection therewith.
GOVERNING LAW These
Terms of Use and your use of the Site and the Marketplace Offerings are
governed by and construed in accordance with the laws of the State of
Washington applicable to agreements made and to be entirely performed
within the State of Washington, without regard to its conflict of law
principles.
DISPUTE RESOLUTIONBinding Arbitration
If
the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved through binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE
THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall
be commenced and conducted under the Commercial Arbitration Rules of the
American Arbitration Association (“AAA”) and, where appropriate, the
AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA
Consumer Rules”), both of which are available at the AAA website: www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall
be governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules. If such costs are determined by the arbitrator
to be excessive, we will pay all arbitration fees and expenses. The
arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make a decision in
writing, but need not provide a statement of reasons unless requested by
either Party. The arbitrator must follow applicable law, and any award
may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in Kitsap, Washington.
Except as otherwise provided herein, the Parties may litigate in court
to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
If for any reason, a Dispute proceeds in court rather
than arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts located in Kitsap, Washington,
and the Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction, and forum non conveniens with respect to venue
and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the
International Sale of Goods and the the Uniform Computer Information
Transaction Act (UCITA) is excluded from these Terms of Use.
If
this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable, and such Dispute
shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there
is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other
persons.
Exceptions to Arbitration
The
Parties agree that the following Disputes are not subject to the above
provisions concerning binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
CORRECTIONS There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions that may relate to the Marketplace Offerings, including descriptions,
pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site
at any time, without prior notice.
DISCLAIMER THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY IN NO
EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE three (3) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION You
agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or
demand, including
reasonable attorneys’ fees and expenses, made by any third party due to
or
arising out of: (1) use of the Marketplace Offerings; (2) breach of
these Terms of Use; (3) any breach of your representations and
warranties set forth in these Terms of Use; (4) your violation of the
rights of a third party, including but not limited to intellectual
property rights; or (5)
any overt harmful act toward any other user of the Site or the
Marketplace Offerings with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you
are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts
to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
USER DATA We will
maintain
certain data that you transmit to the Site for the purpose of managing
the
performance of the Marketplace Offerings, as well as data relating to
your use of the Marketplace Offerings. Although we perform regular
routine backups
of data, you are solely responsible for all data that you transmit or
that
relates to any activity you have undertaken using the Marketplace
Offerings. You agree
that we shall have no liability to you for any loss or corruption of any
such
data, and you hereby waive any right of action against us arising from
any such
loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Visiting
the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email
and on the Site, satisfy any legal requirement that such communication
be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SITE. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Marketplace Offerings. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at:
One Less Orphan Benefit Shop
1442 Olney Ave SE
Port Orchard, WA 98366
United States