TERMS OF USE
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ("youâ?)
and
Proudummah
Proudummah
Proudummah
https://www.proudummah.com website as well as
any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto
(collectively, the "Siteâ?). The Site provides an online marketplace
for the following goods, products, and/or services:
Travel Packages (the "Marketplace Offeringsâ?). 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 updatedâ? 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.
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 "Contentâ?) and the trademarks, service
marks, and logos contained therein (the "Marksâ?) 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, foreign jurisdictions, and international
conventions. The Content and the Marks are provided on the Site "AS ISâ?
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.
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 under the age of 13;
(5) you are not a minor in the jurisdiction in which you reside
, or if a minor, you have received parental permission to use the
Site
; (6) you will not access the Site or the Marketplace Offerings through
automated or non-human means, whether through a bot, script or otherwise;
(7) you will not use the Site for any illegal or unauthorized purpose; and
(8) 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.
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.
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.
We accept the following forms of payment:
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.
Please review our Return Policy posted on the Site prior to making
any purchases.
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:
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.
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.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site or
the Marketplace Offerings) links to other websites ("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or
items belonging to or originating from third parties
("Third-Party Content"). Such
Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we
are not responsible for any Third Party Websites accessed
through the Site or any
Third-Party Content posted on, available through, or installed from
the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other
policies of or contained in the
Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the use
or installation of any
Third-Party Websites or any
Third-PartyContent does not imply approval or endorsement thereof by
us. If you decide to leave the Site and access the
Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should be
aware these Terms of Use no longer govern. You should
review the applicable terms and policies, including
privacy and data gathering practices, of any website to
which you navigate from the Site or relating to any
applications you use or install from the Site. Any
purchases you make through
Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between
you and the applicable third party. You agree and
acknowledge that we do not endorse the products or
services offered on
Third-Party Websites and you shall hold us harmless from any harm
caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses
sustained by you or harm caused to you relating to or
resulting in any way from any
Third-Party Content or any contact with
Third-Party Websites.
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:
https://www.proudummah.com/cms/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 the European Union, Asia, or 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
expressly consent to have your data transferred to and
processed in the United States.
Further, we do not knowingly accept, request, or
solicit information from children or knowingly
market to children. Therefore, in accordance with
the U.S. Childrenâ??s Online Privacy Protection Act,
if we receive actual knowledge that anyone under
the age of 13 has provided personal information to
us without the requisite and verifiable parental
consent, we will delete that information from the
Site as quickly as is reasonably practical.
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.
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.
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
Illinois
applicable to agreements made and to be entirely performed
within
the State of
Illinois
, without
regard to its conflict of law principles.
Binding 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 by
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 AAAâ??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.
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
United States County,
Illinois . 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
Illinois County,
Illinois , 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) are excluded
from these Terms of Use.
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.
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.
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.
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 SITEâ??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.
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
one (1) mONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING
. CERTAIN STATE 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.
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 attorneysâ?? 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.
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.
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.
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.
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.
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:
Phone:
+1 (773) 897-9459