by these terms, whether You are a “Visitor” (which means that You simply browse the Site), or You are a “Registered User” (which means that You have registered with the Site or Services and established an account with SEPConnect.com (Your “Account”)). If You do not agree to all of these terms, we are unwilling to grant You access to the Site or Services, and You must cease access to the Site and Services immediately. In addition, certain areas of the Site or Services may be subject to additional terms of use, that we make available for your review or otherwise linked to that portion of the Site or Services to which such additional terms apply. For example, if you are a Linking Partner, as the term is defined in the Linking Partner Terms of Service, you are subject to those terms applicable to Linking Partners, in addition to these Terms of Use. By using such areas, or any part thereof, You agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these terms, the additional terms will control.
1. USERS. You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate Your access to the Site or Services (or any portion thereof). a) VISITORS AND REGISTERED USERS. Visitors may browse the Site in accordance with these Terms of Use, but will not have access to certain Services without first becoming Registered Users. In order to use the Services available to a Registered User, You are required to set up an Account with us. When You set up an Account, You are required to select a unique user ID (“User ID”) and password to access the Services. You may not transfer or share Your User ID, password or Account information (collectively, the “Account Information”) with any third parties, and You are solely responsible for maintaining the confidentiality of Your Account Information. You acknowledge and agree that we rely on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we’ve issued to You, we will rely on that User ID and will assume that it is really You or Your representative who is accessing the Site and Services. You are solely responsible for any and all use of Your User ID and Account and all activities that occur under or in connection with Your User ID or Account. You agree to be responsible for any act or omission of any users that access the Site or Services under Your User ID or Account that, if undertaken by You, would be deemed a violation of these Terms of Use, and that such act or omission shall be deemed a violation of these Terms of Use by You. Please notify us immediately if You become aware that Your User ID or Account is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than Yourself, or register for an Account on behalf of any group or entity. b) PREMIUM USERS. Certain Services are only available to Premium Users. “Premium Users” are those Registered Users who have submitted payment of all applicable services fees to us in order to access and/or view certain premium Services. As a Premium User, prior to receiving the Services, You must submit an order for the Services by selecting the Services You wish to access and submitting all applicable fees, which are due and payable at the time of Your order for the Services in accordance with subsection c below.
c) PAYMENT. To submit an order for any Services, You must be at least eighteen (18) years of age or the applicable age of majority in Your jurisdiction. We may permit you to submit payment for Services through a third party payment service provider at our discretion, in which case you represent and warrant that you have complied with all requirements of such third party service provider and that we have the right to request and receive payment from such third party service provider regarding Your purchase of access to the Services. If payment for Services is submitted directly through the Site or Services, You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time You order any Services hereunder, including all of the following:
(i) Your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of Your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge Your card. Your credit card issuer agreement governs Your use of Your designated credit card, and You must refer to that agreement and not these Terms of Use to determine Your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before we (or our third party payment service provider) invoice the credit card for all amounts due and payable. By providing us with Your credit card number and associated payment information, You agree that we, and/or our third party payment service providers are authorized to immediately invoice Your Account for all fees and charges due and payable to us as a result of Your order, including but not limited to Service fees, set up fees, subscription fees or any other fee or charge associated with Your access to the Services. In the event that access to the applicable Service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice Your Account at the beginning of each recurring period. You agree to immediately notify us of any change in Your billing address or the credit card used for payment hereunder. We reserve the right, at any time, to change our prices and billing methods for Services without prior notice. You agree that in the event we are unable to collect the fees You owe us for the Services specified in Your order, we may take any other steps we deem necessary to collect such fees from You, and that You will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that we may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. 2. OWNERSHIP. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”) are: (a) copyrighted by SEP Connect and/or its licensors under United States and international
copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by SEP Connect or its licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms
of Use grants You any right to receive delivery of a copy of Our Technology or to obtain
access to Our Technology except as generally and ordinarily permitted through the Site
according to these Terms of Use. Furthermore, nothing in these Terms of Use will be
deemed to grant, by implication, estoppel or otherwise, a license to Our Technology.
Certain of the names, logos, and other materials displayed on the Site or in the Services
constitute trademarks, tradenames, service marks or logos (“Marks”) of us or other entities.
You are not authorized to use any such Marks. Ownership of all such Marks and
the goodwill associated therewith remains with us or those other entities. Any use of
third party software provided in connection with the Site or Services will be governed by
such third parties’ licenses and not by these Terms of Use.
3. REAL ESTATE AND RELATED SERVICES. You understand, acknowledge and
agree that we provide the Site and Services as a tool to enable You to locate a professional
real estate agent, broker or other service provider to act on Your behalf with respect
to Your search for real estate. We do not provide any advice with respect to the
abilities of the agent, broker or service provider You choose, and it is Your obligation
and duty to make whatever inquiries and investigations are necessary in order to satisfy
yourself with respect to such persons and/or companies. Prospective buyers are advised
to perform all due diligence before entering into a contract to purchase property,
and all parties are encouraged to seek the help of a licensed real estate professional,
attorney and other professionals as necessary prior to entering any transaction. The
provision by us of the name of any real estate agent, broker or other service provider is
in no way to be construed as an endorsement or approval by us of such person and/or
company, nor are we acting as the representative of any such person and/or company.
We make no representation whatsoever about the ability of any real estate agent, broker
or other service provider to perform the services. You agree that we shall have no
liability for any losses You might incur as a result of transactions into which You may enter
with, by or through any real estate agent, broker or other professional You choose by
using Site or Services. We are not a licensed real estate agent or broker. We may attempt
to forward Your information to certain real estate and other service providers, who
may make certain disclosures to You. However, we do not guarantee that any such
service provider will contact You. Whether such service provider contacts You is based
upon the decision of the participating service provider. You also authorize us to forward
Your information to our network of participating service providers. You understand that
the service providers may keep Your information, whether or not You complete a real
estate or other related transaction with them. You hereby authorize the potential service
provider to contact You directly either by phone, mail, or email. You understand and
agree that nothing on the Site or through the Services constitutes an offer, promise, solicitation
or otherwise, either to enter into any real estate transaction, or that any participating
service provider will enter into a real estate transaction on any specific terms. All
real estate related decisions are made by the participating service provider in the course
of its normal business operations. YOU UNDERSTAND THAT INFORMATION THAT
YOU SUBMIT TO US FOR PURPOSES OF BEING CONTACTED BY A REAL ESTATE
OR OTHER SERVICE PROVIDER IS SUBMITTED PRECISELY FOR THE PURPOSE
OF DISCLOSURE IN A VARIETY OF MEDIA AND CHANNELS, AND THEREFORE
SUCH INFORMATION IS NOT SUBJECT TO ANY CONFIDENTIALITY OBLIGATION.
4. RULES REGARDING INFORMATION AND OTHER CONTENT. When You access
the Site and/or Services, You obtain access to various kinds of information and materials,
all of which we call “Content.” Content also includes information and materials
posted to the Site or through the Services by You. As between You and us, You retain
any intellectual property rights in any copyrighted materials and trademarks that are
contained in Content that You post to the Site or through the Services. You grant us a
non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any
and all of Your intellectual property rights related to that Content, to the extent necessary
for us to provide the Services. You also authorize us to sublicense those rights to
our contractors who help us provide the Services. You agree not to revise Content
posted by others, and You represent and warrant that You will not post or use any Content
in any manner that:
* Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary
right of others;
* violates the privacy, publicity, or other rights of third parties;
* is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined
by SEP Connect in its sole discretion; or
* is false or inaccurate.
Though we strive to enforce these rules with all of our users, and our other customers,
You may be exposed through the Site or Services to Content that violates our policies or
is otherwise offensive. You access the Site and Services at Your own risk. We may, but
are not obligated to, delete user Accounts and/or remove Content from the Site if we determine
or suspect that those Accounts or Content violate the terms of these Terms of
Use or the applicable agreement with the offending user(s). We take no responsibility
for Your exposure to Content on the Site or through the Services whether it violates our
content policies or not.
5. GENERAL RULES OF USER CONDUCT. It is our goal to make access to our Site
and Services a good experience for all of our users. You agree not to, and represent
and warrant that You will not, reproduce, duplicate, copy, sell, resell or exploit any portion
of the Site or Services, use of the Site or Services or access to the Site or Services
for any purposes other than for which the Site or Services are being provided to You, or
do any of the following:
* Conduct or promote any illegal activities while using the Site or Services;
* upload, distribute or print anything that may be harmful to minors;
* attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise
attempt to derive the source code of the software (including the tools, methods,
processes, and infrastructure) that enables or underlies the Site;
* attempt to gain access to secured portions of the Site or Services to which You do not
possess access rights;
* upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
* use the Site or Services to generate unsolicited email advertisements or spam; allow,
enable, or otherwise support the transmission of mass unsolicited, commercial advertising
or solicitations via e-mail (spam);
* use the Site or Services to stalk, harass or harm another individual;
* use any high volume automatic, electronic or manual process to access, search or
harvest information from the Site or Services (including without limitation robots, spiders
or scripts);
* interfere in any way with the proper functioning of the Site and Services or interfere
with or disrupt any servers or networks connected to the Site or Services, or disobey
any requirements, procedures, policies or regulations of networks connected to the Site
or Services;
* impersonate any person or entity, or otherwise misrepresent Your affiliation with a person
or entity; or
* frame the Site, place pop-up windows over its pages, or otherwise affect the display of
its pages.
6. MODIFICATIONS TO TERMS. We may change the terms of these Terms of Use
from time to time on a going-forward basis. We will notify you of any such changes by
posting notice of the changes on the Site, and/or, in our sole discretion, by email (for
Registered Users). Any such modifications become effective upon the earlier to occur
of (i) Your acknowledgement of such modifications; or (ii) Your continued access to and/
or use of the Site or Services after we post notice of such modifications. It is Your sole
responsibility to check the Site from time to time to view any such changes to the terms
in the Terms of Use. If You do not agree to any changes, if and when such changes
may be made to the Terms of Use, You must cease access to the Site and use of the
Services. You give us permission to email you for the purpose of notification as described
in this Section 7.
7. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or
discontinue the Site or Services with or without notice to You. We will not be liable to
You or any third party should we exercise our right to modify or discontinue the Site or
Services. If You object to any such changes, Your sole recourse will be to cease access
to the Site or Services. Continued access to the Site or Services following notice of any
such changes will indicate Your acknowledgement of such changes and satisfaction
with the Site or Services as so modified.
8. PRIVACY. As part of the login, order and registration process, You will be asked to
provide certain personal information to us. All uses of Your personal information will be
treated in accordance with our Privacy Policy, which is located at [insert URL] and is incorporated
by this reference into these Terms of Use. IF YOU ACCESS THE SITE
AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING THE TERMS AND
CONDITIONS OF OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO HAVE YOUR
INFORMATION USED IN ANY OF THE WAYS DESCRIBED IN THE PRIVACY POLICY,
YOU MUST DISCONTINUE ACCESS TO THE SITE AND/OR THE SERVICES IMMEDIATELY.
9. THIRD PARTY CONTENT AND OTHER WEBSITES. CONTENT FROM OTHER
USERS, ADVERTISERS, AND OTHER THIRD PARTIES MAY BE MADE AVAILABLE
TO YOU THROUGH THE SITE AND/OR SERVICES. BECAUSE WE DO NOT CONTROL
SUCH CONTENT, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY
SUCH CONTENT. WE MAKE NO GUARANTEES ABOUT THE ACCURACY, CURRENCY,
SUITABILITY, OR QUALITY OF THE INFORMATION IN SUCH CONTENT,
AND WE ASSUME NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE,
MISLEADING, OR UNLAWFUL CONTENT MADE AVAILABLE BY
OTHER USERS, ADVERTISERS, AND OTHER THIRD PARTIES OR VIOLATION OF
ANY THIRD PARTY RIGHTS RELATED TO SUCH CONTENT. THE SITE AND SERVICES
MAY CONTAIN LINKS TO WEBSITES NOT OPERATED BY SEP CONNECT.
WE ARE NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, MATERIALS, OR
PRACTICES (INCLUDING PRIVACY PRACTICES) OF SUCH WEBSITES. YOU UNDERSTAND
THAT BY USING THE SITE AND/OR SERVICES YOU MAY BE EXPOSED
TO THIRD-PARTY WEBSITES THAT YOU FIND OFFENSIVE, INDECENT OR OTHERWISE
OBJECTIONABLE. WE MAKE NO WARRANTY, REPRESENTATION, ENDORSEMENT,
OR GUARANTEE REGARDING, AND ACCEPT NO RESPONSIBILITY
FOR, THE QUALITY, CONTENT, NATURE OR RELIABILITY OF THIRD PARTY WEBSITES,
PRODUCTS OR SERVICES ACCESSIBLE BY HYPERLINK OR OTHERWISE
FROM THE SITE OR SERVICES. WE PROVIDE THESE LINKS FOR YOUR CONVENIENCE
ONLY AND WE DO NOT CONTROL SUCH WEBSITES. OUR INCLUSION
OF LINKS TO SUCH WEBSITES DOES NOT IMPLY ANY ENDORSEMENT OF THE
MATERIALS ON SUCH THIRD PARTY WEBSITES OR ANY ASSOCIATION WITH
THEIR OPERATORS. IT IS YOUR RESPONSIBILITY TO REVIEW THE PRIVACY
POLICIES AND TERMS OF USE OF ANY OTHER WEBSITE YOU VISIT. YOU AGREE
THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY
WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD
PARTY, INCLUDING OTHER USERS.
10. DURATION OF ACCESS. You agree that SEP Connect, in its sole discretion,
may immediately terminate your access to the Site and Services at any time, for any
reason, in its sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU
OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE
OR SERVICES OR DELETION OF YOUR ACCOUNT OR USER CONTENT.
11. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF
THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES
ARE PROVIDED BY SEP CONNECT ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SEP CONNECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,
NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT,
VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. SEP CONNECT
MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS,
OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES SEP CONNECT MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SITE OR SERVICES OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE
CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US THROUGH THE SITE, SERVICES OR OTHERWISE WILL CREATE
ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED
IN THIS AGREEMENT. WE AND OUR AFFILIATES DO NOT MAKE ANY REPRESENTATIONS
OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE
DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY
AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA
AND/OR SUBMISSIONS TO THE SITE AND SERVICES.
SEP CONNECT IS NOT A REAL ESTATE AGENCY OR A REAL ESTATE BROKERAGE
FIRM, SEP CONNECT DOES NOT GUARANTEE ANY RESULTS THROUGH
USE OF THE SITE OR SERVICES, AND IS NOT RESPONSIBLE FOR ANY REAL ESTATE
PURCHASE OR SALES DECISIONS.
12. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE
ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES
IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND
TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER
APPLICABLE LAW, IN NO EVENT WILL SEP CONNECT OR ITS OFFICERS,
EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR
LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST REAL
ESTATE OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE
LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY),
ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE
INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS
OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND THIRD PARTY MERCHANTS OR SERVICE PROVIDERS
OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT OR
SERVICE PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO
EVENT WILL SEP CONNECT BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION
WITH ANY ACT OR OMISSION OF ANY USER. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
THE TOTAL LIABILITY OF SEP CONNECT TO YOU FOR ANY PARTICULAR
CLAIM ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED
TO THE GREATER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR
THE SERVICES WITH RESPECT TO SUCH CLAIM; OR (II) FIVE DOLLARS (U.S.
$5.00). NOTWITHSTANDING THE FOREGOING, THE AGGREGATE LIABILITY OF
SEP CONNECT TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE
SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (A)
THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR
SERVICES; OR (B) FIFTY DOLLARS (U.S. $50.00). SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT
APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE
LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE
AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL
BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
SEP CONNECT RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR,
OR TAKE ANY ACTION SEP CONNECT DEEMS APPROPRIATE REGARDING, DISPUTES
THAT YOU MAY HAVE WITH USERS, SERVICE PROVIDERS OR OTHER
CUSTOMERS OF OURS. TO THE EXTENT THE LAW PERMITS, YOU RELEASE US
FROM ANY CLAIMS OR LIABILITY RELATED TO ANY CONTENT POSTED ON THE
SITE OR THROUGH THE SERVICES AND FROM CLAIMS RELATED TO THE CONDUCT
OF ANY USER, SERVICE PROVIDER OR OTHER CUSTOMERS OF OURS.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SEP
CONNECT OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN
PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE,
FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,
TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES,
ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS,
CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS,
FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL
ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR
NON-PERFORMANCE OF THIRD PARTIES.
13. INDEMNIFICATION. You agree to indemnify, defend and hold harmless SEP
Connect, its parents, subsidiaries, affiliates, officers, directors, co-branders and other
partners, employees, consultants and agents, from and against any and all third-party
claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’
fees and court costs) that such parties may incur as a result of or arising from (1)
any of Your Content and/or information that You submit, post or transmit through the
Site or Services, (2) Your use of the Site or Services, (3) Your violation of these Terms of
Use, (4) Your violation of any rights of any other person or entity or (5) any viruses, trojan
horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming
routines input by You into the Site or Services.
14. LINKING TO THE SITE. You may provide links to the Site, provided that You (a)
do not remove or obscure, by framing or otherwise, advertisements, proprietary notices,
or other notices on the Site, and (b) discontinue providing links to the Site immediately
upon our request. In order to become a member of our Linking Program (as defined in
our Linking Partner Terms of Service) and potentially be eligible for certain commissions,
You must agree to and register with us in accordance with the terms and conditions
contained in the Linking Partner Terms of Service, which are available at [insert
URL].
15. COPYRIGHTS VIOLATIONS. We respect the intellectual property of others, and
we ask You to do the same. If You believe that Your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright Agent the following information:
* An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
* a description of the copyrighted work that You claim has been infringed;
* a description of where the material that You claim is infringing is located on the Site or
Services;
* Your address, telephone number, and email address;
* a statement by You that You have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
* a statement by You, made under penalty of perjury, that the above information in Your
notice is accurate and that You are the copyright owner or authorized to act on the copyright
owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Site or Services
can be reached by directing an e-mail to the [insert name of designated copyright
agent] at [insert email address].
16. ELECTRONIC COMMUNICATIONS. The communications between You and
SEP Connect use electronic means, whether You visit the Site or send us emails, or
whether SEP Connect posts notices on the Service or communicates with You via
email. For contractual purposes, You (a) consent to receive communications from SEP
Connect in an electronic form; and (b) agree that all terms and conditions, agreements,
notices, disclosures, and other communications that SEP Connect provides to You
electronically satisfy any legal requirement that such communications would satisfy if it
were in a writing. The foregoing does not affect Your non-waivable rights. You may also
receive a copy of these Terms of Use by accessing this Site.
17. GENERAL TERMS. You are responsible for compliance with all applicable laws.
The Terms of Use and the relationship between You and us will be governed by the laws
of the Commonwealth of Virginia, without giving effect to any choice of laws principles
that would require the application of the laws of a different country or state. Any legal
action, suit or proceeding arising out of or relating to the Terms of Use, or Your use of
the Site or Services must be instituted exclusively in the federal or state courts located
in the Commonwealth of Virginia and in no other jurisdiction. You further consent to exclusive
personal jurisdiction and venue in, and agree to service of process issued or
authorized by, any such court. These Terms of Use are personal to You, and You may
not transfer, assign or delegate Your right and/or duties under these Terms of Use to
anyone else and any attempted assignment or delegation is void. You acknowledge
that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a
breach of Your obligations hereunder. The paragraph headings in these Terms of Use,
shown in boldface type, are included only to help make the agreement easier to read
and have no binding effect. Any delay or failure by us to exercise or enforce any right or
provision of these Terms of Use will not constitute a waiver of such right or provision.
No waiver by us shall have effect unless such waiver is set forth in writing, signed by us;
nor shall any such waiver of any breach or default constitute a waiver of any subsequent
breach or default. These Terms of Use constitute the complete and exclusive
agreement between You and us with respect to the subject matter hereof, and supersedes
all prior oral or written understandings, communications or agreements. If for any
reason a court of competent jurisdiction finds any provision of these Terms of Use, or
portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced
to the maximum extent permissible so as to effect the intent of the parties, and the remainder
of these Terms of Use will continue in full force and effect.
18. VIOLATIONS. Please report any violations of these Terms of Use to
info@SEPConnect.com
19. LAST UPDATED. July 22nd, 2009
