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Read
This Terms of Use Agreement Before Accessing Website.
Effective
Date: This
Terms of Use Agreement was last updated on August 2, 2007.
This Terms of Use Agreement sets forth the standards of
use of the ResaleRocket.com Online Service for Registered
Members. By using the ResaleRocket.com website you (the
“Member”) agree to these terms and conditions. If you
do not agree to the terms and conditions of this
agreement, you should immediately cease all usage of this
website. We reserve the right, at any time, to modify,
alter, or update the terms and conditions of this
agreement without prior notice. Modifications
shall become effective
immediately upon being posted at ResaleRocket.com
website. Your
continued use of the Service after amendments are posted
constitutes an acknowledgement and acceptance of the
Agreement and its modifications. Except as provided in
this paragraph, this Agreement may not be amended.
1.
Description
of Service
Ryan
Hogan / ResaleRocket.com
is providing Member with resellable digital products.
Member must provide (1) all
equipment necessary for their own Internet connection,
including computer and modem and (2) provide for
Member’s access to the Internet, and (3) pay any fees
related with such connection.
2.
Disclaimer
of Warranties.
The
site is provided by Ryan
Hogan / ResaleRocket.com
on an “as is” and on an “as available” basis.
To the fullest extent permitted by applicable law, Ryan
Hogan / ResaleRocket.com
makes no representations or warranties of any kind,
express or implied, regarding the use or the results of
this web site in terms of its correctness, accuracy,
reliability, or otherwise.
Ryan
Hogan / ResaleRocket.com
shall have no liability for any interruptions in the use
of this Website. Ryan
Hogan / ResaleRocket.com
disclaims all warranties with regard to the information
provided, including the implied warranties of
merchantability and fitness for a particular purpose, and
non-infringement. Some
jurisdictions do not allow the exclusion of implied
warranties, therefore the above-referenced exclusion is
inapplicable.
3.
Limitation of
Liability
Ryan
Hogan / ResaleRocket.com
SHALL NOT be liable
for any damages whatsoever, and in particular Ryan
Hogan / ResaleRocket.com
shall not be liable for any special, indirect,
consequential, or incidental damages, or damages for lost
profits, loss of revenue, or loss of use, arising out of
or related to this web site or the information contained
in it, whether such damages arise in contract, negligence,
tort, under statute, in equity, at law, or otherwise, even
if Ryan
Hogan / ResaleRocket.com
has been advised of the possibility of such damages. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4.
Indemnification
Member
agrees to indemnify and hold Ryan
Hogan / ResaleRocket.com, its
parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due
to or arising out of Member’s use of the Service, the
violation of this Agreement, or infringement by Member, or
other user of the Service using Member’s computer, of
any intellectual property or any other right of any person
or entity.
5.
Members Account
All
Members of the Service shall receive a password and an
account. Members
are entirely responsible for any and all activities which
occur under their account whether authorized or not
authorized. Member agrees to notify Ryan
Hogan / ResaleRocket.com of any unauthorized use of
Member’s account or any other breach of security known
or should be known to the Member. Member’s right to use
the Service is personal to the Member. Member agrees not
to resell or make any commercial use of the Service
without the express written consent of Ryan
Hogan / ResaleRocket.com.
6.
Modifications
and Interruption to Service
Ryan
Hogan / ResaleRocket.com
reserve the right to modify or discontinue the Service
with or without notice to the Member. Ryan
Hogan / ResaleRocket.com
shall not be liable to Member or any third party should Ryan
Hogan / ResaleRocket.com
exercise its right to modify or discontinue the Service.
Member acknowledges and accepts that Ryan
Hogan / ResaleRocket.com does
not guarantee continuous, uninterrupted or secure access
to our website and operation of our website may be
interfered with or adversely affected by numerous factors
or circumstances outside of our control.
7.
Third-Party
Sites
Our
website may include links to other sites on the Internet
that are owned and operated by online merchants and other
third parties. You
acknowledge that we are not responsible for the
availability of, or the content located on or through, any
third-party site. You
should contact the site administrator or webmaster for
those third-party sites if you have any concerns regarding
such links or the content located on such sites.
Your use of those third-party sites is subject to
the terms of use and privacy policies of each site, and we
are not responsible therein. We encourage all Members to
review said privacy policies of third-parties’ sites.
8.
Disclaimer
Regarding Accuracy of Vendor Information
Product
specifications and other information have either been
provided by the Vendors or collected from publicly
available sources. While
Ryan Hogan / ResaleRocket.com
makes every effort to ensure that the information on this
website is accurate, we can make no representations or
warranties as to the accuracy or reliability of any
information provided on this website.
Ryan
Hogan / ResaleRocket.com
makes no warranties or representations whatsoever with
regard to any product provided or offered by any Vendor,
and you acknowledge that any reliance on representations
and warranties provided by any Vendor shall be at your own
risk.
9.
Governing
Jurisdiction of the Courts - California.
Our
website is operated and provided in the State of CA.
As such, we are subject to the laws of the State CA,
and such laws will govern this Terms of Use, without
giving effect to any choice of law rules.
We make no representation that our website or other
services are appropriate, legal or available for use in
other locations. Accordingly,
if you choose to access our site you agree to do so
subject to the internal laws of the State CA.
10.
Compliance with
Laws.
Member
assumes all knowledge of applicable law and is responsible
for compliance with any such laws.
Member may not use the Service in any way that
violates applicable state, federal, or international laws,
regulations or other government requirements. Member
further agrees not to transmit any material that
encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international
law or regulation.
11.
Copyright and
Trademark Information
All
content included or available on this site, including site
design, text, graphics, interfaces, and the selection and
arrangements thereof is ©2007 Ryan
Hogan / ResaleRocket.com,
will all rights reserved, or is the property of Ryan
Hogan / ResaleRocket.com
and/or third parties protected by intellectual property
rights. Any
use of materials on the website, including reproduction
for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction
or data mining, or other commercial exploitation of any
kind, without prior written permission of an authorized
officer of Ryan
Hogan / ResaleRocket.com is
strictly prohibited. Members
agree that they will not use any robot, spider, or other
automatic device, or manual process to monitor or copy our
web pages or the content contained therein without prior
written permission of an authorized officer of Ryan
Hogan / ResaleRocket.com.
Resale
Rocket™ and ResaleRocket.com™ are proprietary marks of
Ryan
Hogan / ResaleRocket.com.
Ryan Hogan’s trademarks may not be used in
connection with any product or service that is not
provided by Ryan
Hogan / ResaleRocket.com, in
any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Ryan
Hogan / ResaleRocket.com.
All
other trademarks displayed on the ResaleRocket.com website
are the trademarks of their respective owners, and
constitute neither an endorsement nor a recommendation of
those Vendors. In
addition, such use of trademarks or links to the web sites
of Vendors is not intended to imply, directly or
indirectly, that those Vendors endorse or have any
affiliation with Ryan
Hogan / ResaleRocket.com.
12.
Notification of
Claimed Copyright Infringement
Pursuant
to Section 512(c) of the Copyright Revision Act, as
enacted through the Digital Millennium Copyright Act, Ryan
Hogan / ResaleRocket.com
designates the following individual as its agent for
receipt of notifications of claimed copyright
infringement.
Ryan
Hogan
ResaleRocket.com
admin@resalerocket.com
13.
Other Terms
If any
provision of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any reason, the other
provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and
enforceable to the maximum possible extent.
You agree that this Terms of Use Agreement and any
other agreements referenced herein may be assigned by Ryan
Hogan / ResaleRocket.com, in our sole discretion,
to a third party in the event of a merger or acquisition.
This Terms of Use Agreement shall apply in addition
to, and shall not be superseded by, any other written
agreement between us in relation to your participation as
a Member. Member
agrees that by accepting this Terms of Use Agreement,
Member is consenting to the use and disclosure of their
personally identifiable information and other practices
described in our Privacy Policy Statement[if applicable].
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