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PLEASE READ THESE TERMS
OF USE CAREFULLY.
By accessing or
otherwise using this site, you agree to be bound contractually by
these Terms of Use.
TERMS OF USE
Effective Date: August 1, 2004
[Click here]
for a listing of material changes to this Agreement and their
effective dates.
1.
Parties. The parties to this Agreement are you, and the owner and
operator of this web site: TrueSales Corporation
("TrueSales"). All
references to "we", "us", "this web
site" or "this site" shall be construed to mean
TrueSales.
2.
Modification of Agreement.
We reserve the right to modify this Agreement at any time,
and without prior notice, by posting an amended Agreement that is
always accessible through the "Legal" link on this site's
home page. Your
continued use of this site indicates your acceptance of the amended
Agreement. You should
check this Agreement through this link periodically for
modifications by clicking on the link provided near the top of the
Agreement for a listing of material changes and their effective
dates.
3.
License. TrueSales grants you a limited non-exclusive,
non-transferable, and revocable license to access and use the public
areas of this site, only for your personal, non-commercial use,
except as may be provided in any separate written agreement signed
by the parties or separate agreement originating with this site;
provided, however, that you do not modify this site, its content, or
any copyright or other proprietary notices. This license terminates
automatically if you breach any of these Terms of Use.
Unauthorized use of this site or any content may violate
copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
4.
Restrictions. Except
as expressly authorized herein or in any separate written agreement
signed by the parties or separate agreement originating from this
site, you may not copy, modify, distribute, download, display,
transfer, post, or transmit this site or its content in any form
without TrueSales's prior written permission.
5.
Prohibited Activities. The
following activities are also expressly prohibited without
TrueSales's prior written permission: any non-personal or commercial
use, except as may be provided in any separate written agreement
signed by the parties or separate agreement originating with this
site; use of any robot, spider, other automatic device, or manual
process to monitor or copy this site or any of its content;
"mirroring" this site or any content on any other server;
collection or use of product listings, descriptions, or prices for a
supplier of competitive or comparable products; and any action that
imposes an unreasonable or disproportionately large load on this
site or otherwise interferes with its functioning.
6.
Posting To This Site. We
will not treat information that you post
to areas of this site that are viewable by others (for
example, to a forum or chat-room) as confidential or proprietary.
By posting information to this site, you agree that we may
use that information without restriction.
You may not post any infringing, threatening, defamatory,
sexually graphic, inflammatory, profane, or other inappropriate
material. We have no
obligation to monitor posts to this site; however, we reserve the
right to review such posts and to remove any material that, in our
judgment, is not appropriate.
7.
Monitoring. We
reserve the right to monitor your access and use of this web site
without notification to you. We may record or log your use in a
manner as set out in our Privacy Policy that is accessible though
the “Legal” link on this site’s home page.
8.
Separate Agreement(s) For Products, Services And/Or Content.
You may acquire products, services and/or content from this
site. Your purchase and
use of such products, services and/or content will be governed by
these Terms of Use and/or by any separate written agreement signed
by the parties and/or separate agreement originating from this site.
9.
Ownership. The
material provided on this site is protected by law, including, but
not limited to, United States copyright law and international
treaties. The copyright in the content of this site is owned by
TrueSales or others. Except for the limited rights granted above,
all other rights are reserved.
All trademarks are the property of their respective owners.
10.
Copyright Infringement; The Digital Millennium Copyright Act.
TrueSales maintains specific contact information including an
e-mail address for notifications of claimed infringement concerning
materials posted to this site. All correspondence should be
addressed to TrueSales's agent for notice of claimed infringement
under The Digital Millennium Copyright Act, U.S.C.A. Section 512, at
the following address:
Notification
of Claimed Infringement
TrueSales
Corporation
801 1st Ave South
Suite 200
Seattle, WA, 98134
Contact: Joe Furness - email: jfurness@repquotes.com
Telephone:425-485-0331
Facsimile:425-487-1324
You
may contact TrueSales with complaints regarding allegedly infringing
posted material and TrueSales will investigate those complaints. If
the posted material is believed in good faith by TrueSales to
violate any applicable law, TrueSales will remove or disable access
to any such material and TrueSales will notify the posting party
that the material has been blocked or removed.
11.
Accuracy of Information and Disclaimer of Warranty.
TrueSales has made every effort to present the content on
this site accurately, but additions, deletions and changes may
occur. Except as may be
provided in any separate agreements originating from this site,
products, services, and/or content on this site is provided “as
is”, and neither TrueSales nor its representatives make any
representation or warranty with respect to such products, services,
and/or content. EXCEPT
AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE
PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, TRUESALES
AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT
PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED
FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS,
NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
12.
Limitation of Liability.
Under no circumstances will TrueSales or its affiliates have
any liability with respect to any claims or damages (whether direct
or indirect, special, incidental, consequential or punitive) as a
result of your access or use of (or inability to access or use) this
site or its content, even if they have been advised of the
possibility of such damages. You access and use this site at your
own risk.
13.
Links to This Site. TrueSales
grants you a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of this site so long as the link does not
portray TrueSales or its products or services in a false,
misleading, derogatory, or offensive matter. You may not use the
TrueSales logo, TrueSales trademark, or TrueSales’s name or
trademarks, or other proprietary graphic in the link without the
prior written permission of TrueSales.
14.
Links to Third Party Web Sites.
TrueSales does not review or control third party Web sites
that link to or from this site, is not responsible for their
content, and does not represent that their content is accurate or
appropriate. Your use of such third party site is on your own
initiative and at your own risk and may be subject to the other
sites’ terms of use.
15.
Participation In Promotions Of Advertisers.
You may enter into correspondence with or participate in
promotions of advertisers promoting their products, services or
content on this site ("Advertisers"). Any such correspondence or participation, including the
delivery of and the payment for products, services or content, are
solely between you and each Advertiser.
16.
Consumer Rights Information; California Civil Code Section
1789.3. Pricing
information is posted as part of the ordering page(s) for this site.
TrueSales maintains specific contact information including an
e-mail address for notifications of complaints and for inquiries
regarding pricing policies in accordance with California Civil Code
Section 1789.3. All
correspondence should be addressed to TrueSales's agent for notice
at the following address:
Notification
of Consumer Rights Complaint or Pricing Inquiry:
TrueSales
Corporation
801 1st Ave South
Suite 200
Seattle, WA, 98134
Contact: Joe Furness - email: jfurness@repquotes.com
Telephone:425-485-0331
Facsimile:425-487-1324
You
may contact TrueSales with complaints and inquiries regarding
pricing and we will investigate those matters and respond to the
inquiries.
The
Complaint Assistance Unit of the Division of Consumer Services of
the Department of Consumer Affairs may be contacted in writing at
1020 N. Street, #501, Sacramento, CA 95814, or by telephone at
1-916-445-1254.
17.
Arbitration. Except
for actions to protect intellectual property rights and to enforce
an arbitrator’s decision hereunder, all disputes, controversies,
or claims arising out of or relating to this Agreement or a breach
thereof shall be submitted to and finally resolved by arbitration
under the rules of the American Arbitration Association (“AAA”)
then in effect. There
shall be one arbitrator, and such arbitrator shall be chosen by
mutual agreement of the parties in accordance with AAA rules.
The arbitration shall take place in Seattle, Washington, and
may be conducted by telephone or online.
The arbitrator shall apply the laws of the State of
Washington, USA to all issues in dispute.
The controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party.
The findings of the arbitrator shall be final and binding on
the parties, and may be entered in any court of competent
jurisdiction for enforcement. Enforcements of any award or judgment
shall be governed by the United Nations Convention on the
Recognition and Enforcement of Foreign Arbitral Awards.
Should either party file an action contrary to this
provision, the other party may recover attorney's fees and costs up
to $1000.00.
18.
Jurisdiction And Venue.
The courts of King County in the State of Washington, USA and
the nearest U.S. District Court shall be the exclusive jurisdiction
and venue for all legal proceedings that are not arbitrated under
these Terms of Use.
19.
Controlling Law. This
Agreement shall be construed under the laws of the State of
Washington, USA, excluding rules regarding conflicts of law.
The application the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded.
20.
Intended For Use Only In The United States.
This site is controlled and operated by TrueSales from its
offices within the United States. TrueSales does not represent that
this site is appropriate or available for use elsewhere; access to
this site from locations where its contents are illegal is not
authorized. If you access this site from outside the United States,
you do so on your own initiative and at your own risk.
21.
Force Majeure. We
shall not be liable for damages for any delay or failure of delivery
arising out of causes beyond their reasonable control and without
their fault or negligence, including, but not limited to, Acts of
God, acts of civil or military authority, fires, riots, wars,
embargoes, Internet disruptions, hacker attacks, or communications
failures.
22.
Privacy. Please review this site's Privacy Policy which also governs
your visit to this site.
SUBSCRIPTION FEE AND REFUND
NOTICE
Effective Date: August 1, 2004
Subscription Fees. Initially, subscription services are offered free of charge.
However, TrueSales reserves the right to charge subscription
fees upon notice to you in the future.
If you elect to pay subscription fees, fees may be by credit
card online at this site, or by any other method approved by
TrueSales. Fees are
non-refundable, unless expressly provided otherwise on this site or
in this Agreement. If
for any reason TrueSales is unable to charge your credit card with
the full amount of the fees, or if TrueSales is charged back for any
fee previously charged to your credit card, you agree that TrueSales
may pursue all available remedies to pursue payment, including
without limitation, suspension or termination of your subscription.
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