Conditions of Use
Thank you for your interest in TimeDealz.net and our products and services. Please read these terms and conditions of use carefully before using TimeDealz.net. By using TimeDealz.net, you agree to comply with all of the following terms and conditions. If you do not want to comply, please do not use our web site. We reserve the right, at our sole discretion, to change the terms and conditions at any time. Any modifications will be effective immediately upon being posted on the web site. The terms and conditions that apply to any sale are those posted at the time of the sale. Please review the terms and conditions of use each time you plan to make a purchase. These terms and conditions were last updated on April 10, 2007.
1. Rights of TimeDealz.net regarding web site content and graphics
TimeDealz.net and all content provided on TimeDealz.net is protected by copyright, trade-mark and other property rights laws. TimeDealz.net is a privately owned, New York Business. Nothing contained in TimeDealz.net web site should be construed as granting, directly or indirectly, any license or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying TimeDealz.net or its respective products and services displayed on our web site, without the expressed written consent of TimeDealz.net or such third party that may own such trade-marks, logos or other names displayed in TimeDealz.net web site.
2. Use of TimeDealz.net regarding its content
2.1 No information or material from TimeDealz.net may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever, except that you may download one copy of the materials on any single computer provided you keep intact all copyright and proprietary notices. If you download any information, you agree that you do not acquire any ownership rights in any of the downloaded content, and that you will abide by all copyright notices, information and restrictions contained in any content found on TimeDealz.net and any content accessed directly, or indirectly, through TimeDealz.net. Our intellectual property is important to us and TimeDealz.net will enforce its right to protect this property to the fullest extent permitted by law.
2.2 Please also see our Privacy Notice.
3. Disclaimer of Warranties
3.1 The information contained on TimeDealz.net is for informational purposes only and is not intended to meet any particular user's need or to serve any purpose beyond identifying and describing information related to a particular product. Documents provided on our web site are provided as a service only, and do not constitute official versions of such documents.
3.2 TimeDealz.net, and all content, material, information or postings found on or accessed through TimeDealz.net, are provided on an \"as is\" basis.
3.3 TimeDealz.net, and each of its employees, consultants and agents expressly disclaim any and all representations, warranties and conditions, express or implied, including, without limitation, any and all representations, warranties and implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to TimeDealz.net or the content contained in or accessed through TimeDealz.net.
3.4 Neither TimeDealz.net nor any of its respective owners, employees, consultants and agents make any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of TimeDealz.net or the content contained in or accessed through TimeDealz.net, including, but not limited to, the contents of any document, information, material, or posting found in TimeDealz.net (including, but not limited to, any press releases or financial information, if posted), any services provided through TimeDealz.net, or any links to other sites made available on TimeDealz.net or the content contained on such site(s), or as to the continuous or error free use and operation of the Internet or TimeDealz.net.
3.5 Neither TimeDealz.net nor any of its respective owners, employees, consultants or agents make any representations or warranties that TimeDealz.net or access to and use of TimeDealz.net will be uninterrupted, error free, or free from defects, viruses or other harmful components, though every effort is made to prevent such interruptions, errors, defects, viruses or other harmful components from being present on TimeDealz.net.
3.6 You expressly agree that use of TimeDealz.net is at your sole risk.
3.7 Web sites accessed via links or other means from TimeDealz.net have, unless otherwise indicated, been independently developed by third parties. The inclusion of any information, material, content or links in TimeDealz.net should not be construed as an express nor an implied endorsement of any third party products or services.
4. Limitation of Liability
4.1 Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breach, will TimeDealz.net or any of its respective owners, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from the use of, or the inability to use, any content, information, material, or postings in TimeDealz.net, directly or indirectly, or through the transmission of confidential or sensitive information over the Internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither TimeDealz.net nor any of its respective owners, employees, consultants and agents will be liable for any defamatory, offensive or illegal conduct of any user, including you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of TimeDealz.net must be filed within 90 days after such claim of action or it will be forever barred.
5. Indemnification
5.1 To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless TimeDealz.net and each of its owners, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of:
(a) your breach of any provision of these terms and conditions; or
(b) your use of TimeDealz.net, the content contained in TimeDealz.net and the placement or transmission of any information or other materials in TimeDealz.net made by you or others using your account.
5.2 You agree to promptly notify TimeDealz.net immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. TimeDealz.net reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.
6. Recourse
If you are dissatisfied with TimeDealz.net or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using TimeDealz.net. If you do so, you agree to destroy all materials obtained by you from the web site of TimeDealz.net and all copies thereof. These terms and conditions will survive any such termination.
7. Internet Communications
You agree that communications over the Internet are not necessarily private, but none the less are essential in order to process your information and order requests at TimeDealz.net. You hereby acknowledge and agree that TimeDealz.net is not responsible for the acts of any third party who surreptitiously obtains or misuses such transmissions. In this context, we refer you to our section on Privacy.
8. Miscellaneous Terms
8.1 All purchases using TimeDealz.net shall be governed by the laws of the State of New York, in the United States of America. The United Nations Convention on Contracts for the International Sales of Goods will not apply.
8.2 Any disputes arising hereunder will be governed exclusively by the laws of the State of New York, in the United States of America, without giving effect to conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of the State of New York, United States of America, or any other judicial district or jurisdiction as TimeDealz.net may determine in any action, dispute, or controversies relating to these terms and conditions or your use of TimeDealz.net.
8.3 These terms and conditions and any rules, policies, guidelines or other agreements posted on TimeDealz.net constitute the entire agreement between TimeDealz.net and you with respect to your use of TimeDealz.net. Notwithstanding the foregoing, any products or services which you purchase through TimeDealz.net will be subject to all terms and conditions relating to such purchase provided to you from time to time including, without limitation, all terms and conditions posted on TimeDealz.net web site and all terms and conditions delivered to you (in any manner or form) in connection with any products or services purchased.
8.4 No waiver by either TimeDealz.net or you of any breach or default of these terms and conditions will be deemed to be a waiver of any preceding or subsequent breach or default.
8.5 If any provisions contained herein will be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
8.6 The parties hereto have required that the terms and conditions and all documents relating thereto be drawn up and interpreted in English.
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