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Dulles Marketplace Web Site Agreement
DullesMarketplace.com (the "Site") is an online information service
provided by Dulles Marketplace ("DullesMarketplace.com "),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
DullesMarketplace.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The owner of the copyrights
and trademarks are DullesMarketplace.com, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print
and download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not to
change or delete any copyright or proprietary notices from the
materials. You agree to grant to DullesMarketplace.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups) or by
e-mail to DullesMarketplace.com by all means and in any media now known
or hereafter developed. You also grant to DullesMarketplace.com the
right to use your name in connection with the submitted materials and
other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you
shall have no recourse against DullesMarketplace.com for any alleged or
actual infringement or misappropriation of any proprietary right in
your communications to DullesMarketplace.com.
TRADEMARKS.
Publications, products, content or services
referenced herein or on the Site are the exclusive trademarks or
servicemarks of DullesMarketplace.com. Other product and company names
mentioned in the Site may be the trademarks of their respective owners.
2. Refund Policy
We offer subscription-based promotion plans. There are no long-term
contracts required and any subscription can be canceled at any time
prior to the next month's billing without penalty. If there is a setup
fee required for the plan you have chosen, refunds on this
fee will be granted until such time that the custom design work
has been started on your order (usually within 24-48 hours).
3. Use of the Site.
As
a customer you are
agreeing to receive information
about the product or service you purchased. This may include, but is
not limited to, information about product or service updates, new
features, or information we believe you may find interesting. We
may also send you
information about other products and services our company offers.
None of the information submitted by you will ever be shared,
sold, reused in lists, or be used for any other purpose than to
complete a transaction or address a customer service concern.
You understand that, except for information, products or services
clearly identified as being supplied by DullesMarketplace.com,
DullesMarketplace.com does not operate, control or endorse any
information, products or services on the Internet in any way. Except
for DullesMarketplace.com-identified information, products or services,
all information, products and services offered through the Site or on
the Internet generally are offered by third parties, that are not
affiliated with DullesMarketplace.com. You also understand that
DullesMarketplace.com cannot and does not guarantee or warrant that
files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any
lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE SITE AND THE INTERNET. DullesMarketplace.com PROVIDES THE
SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND DullesMarketplace.com SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. DullesMarketplace.com DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS
AT YOUR RISK. DullesMarketplace.com HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL DullesMarketplace.com BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF DullesMarketplace.com OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
DullesMarketplace.com LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
DullesMarketplace.com makes no representations
whatsoever about any other web site which you may access through this
one or which may link to this Site. When you access a
non-DullesMarketplace.com web site, please understand that it is
independent from DullesMarketplace.com, and that DullesMarketplace.com
has no control over the content on that web site. In addition, a link
to a DullesMarketplace.com web site does not mean that
DullesMarketplace.com endorses or accepts any responsibility for the
content, or the use, of such web site.
4. Indemnification.
You agree to indemnify, defend and hold harmless
DullesMarketplace.com, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to the
Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of
this Agreement (including negligent or wrongful conduct) by you or any
other person accessing the Service.
5. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service),
and 3 (Indemnification) are for the benefit of DullesMarketplace.com
and its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
6.Term; Termination.
This Agreement may be terminated by either party
without notice at any time for any reason. The provisions of paragraphs
1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
7.Miscellaneous.
This Agreement shall all be governed and construed
in accordance with the laws of The United States of America applicable
to agreements made and to be performed in The United States of America.
You agree that any legal action or proceeding between
DullesMarketplace.com and you for any purpose concerning this Agreement
or the parties' obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in The United
States of America . Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of action is
barred. DullesMarketplace.com's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. DullesMarketplace.com may assign its
rights and duties under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein are reserved.
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