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State of Delaware | Rev. 1343F05 |
TERMS OF USE AGREEMENT
Version Date: February 20, 2022
This Terms of Use Agreement (“Agreement”), along with our Company Privacy Policy (__________), constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Expiringsoon International Inc. and its affiliated companies, Websites, applications and tools (collectively, Expiringsoon International Inc., “Company” or “we” or “us” or “our”), concerning your access to and use of the expiringsoon.com.ng Website(s) as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Sites”). The Sites provide the following service: Online shopping and ecommerce (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Sites from time to time, are hereby expressly incorporated into this Agreement by reference.
Company makes no representation that the Sites is appropriate or available in other locations other than where it is operated by Company. The information provided on the Sites 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 Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites 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.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Sites or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.
Expiringsoon International Inc. may offer free trial or sample of our products or services. The duration of the free trial period and all other details of the offer will be posted on our Sites If you wish to try our free options please read through them carefully first. Expiringsoon International Inc. will bill you through an invoice for our Services. By using our paid options you agree to pay Expiringsoon International Inc. all charges at the prices then in effect for the products or services you or other persons using your billing account may purchase, and you authorize Expiringsoon International Inc. to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you agree to us charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Expiringsoon International Inc. reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.
All sales are final and no refunds shall be issued.
USER REPRESENTATIONS
Regarding Your Registration
By using the Expiringsoon International Inc. Services, and warrant that:
A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password and account;
D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use our Sites; and
E. your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Sites' registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.
Regarding Content You Provide
We may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to our Sites and/or to or via the Sites' forms, emails, chat agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "Contributions"). Any Contributions you transmit to Expiringsoon International Inc. will be treated as nonconfidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
A. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Expiringsoon International Inc. and the Sites' users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
C. you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by our Sites;
D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Expiringsoon International Inc.), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
E. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
F. your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
G. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.
CONTRIBUTION LICENSE
By posting Contributions to any part of the Sites, or making them accessible to the Sites by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Expiringsoon International Inc. an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We will not use your contribution in a way that infringes on your rights and always process your personal information lawfully and with your consent.
Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) prescreen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
By uploading your Contributions to the Sites, you hereby authorize Company to grant to each end user a personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
GUIDELINES FOR REVIEWS
Expiringsoon International Inc. may accept, reject or remove reviews in its sole discretion. Expiringsoon International Inc. has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Expiringsoon International Inc., and do not represent the views of Expiringsoon International Inc. or of any affiliate or partner of Company. Expiringsoon International Inc. does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Expiringsoon International Inc. a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Expiringsoon International Inc. to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you are accessing the Expiringsoon International Inc. Services via a mobile application, then Expiringsoon International Inc. grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any Sites or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Expiringsoon International Inc. or other intellectual property of Expiringsoon International Inc. in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Expiringsoon International Inc. Services. You acknowledge that this Agreement is concluded between you and Expiringsoon International Inc. only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and Expiringsoon International Inc., not an App Distributor, is solely responsible for the Expiringsoon International Inc. application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the Expiringsoon International Inc. application is limited to a non-transferable license to use the Expiringsoon International Inc. application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Expiringsoon International Inc. is solely responsible for providing any maintenance and support services with respect to the Expiringsoon International Inc. application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Expiringsoon International Inc. application. (3) WARRANTY: Expiringsoon International Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Expiringsoon International Inc. application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Expiringsoon International Inc. application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Expiringsoon International Inc. application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Expiringsoon International Inc. sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Expiringsoon International Inc., not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Expiringsoon International Inc. application or your possession and/or use of the Expiringsoon International Inc. application, including, but not limited to: (i) product liability claims; (ii) any claim that the Expiringsoon International Inc. application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the Expiringsoon International Inc. application or your possession and use of the Expiringsoon International Inc. application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the Expiringsoon International Inc. application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Expiringsoon International Inc. application. (8) THIRD PARTY BENEFICIARY: Expiringsoon International Inc. and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
As part of the functionality of the Sites, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Sites; or (ii) allowing Expiringsoon International Inc. to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Expiringsoon International Inc. and/or grant Expiringsoon International Inc. access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Expiringsoon International Inc. to pay any fees or making Expiringsoon International Inc. subject to any usage limitations imposed by such third party service providers. By granting Expiringsoon International Inc. access to any Third Party Accounts, you understand that (i) Expiringsoon International Inc. may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Sites via your account, including without limitation any friend lists, and (ii) Expiringsoon International Inc. may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Sites. Please note that if a Third Party Account or associated service becomes unavailable or Expiringsoon International Inc. access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Sites. You will have the ability to disable the connection between your account on the Sites and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Expiringsoon International Inc. makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Expiringsoon International Inc. is not responsible for any Social Network Content. You acknowledge and agree that Expiringsoon International Inc. may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Sites. At your request made via email to our email address listed below, or through your account settings (if applicable), Expiringsoon International Inc. will deactivate the connection between the Sites and your Third Party Account and delete any information stored on Expiringsoon International Inc. servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or the Expiringsoon International Inc. Services ("Submissions") provided by you to Expiringsoon International Inc. are non-confidential and Expiringsoon International Inc. (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
PROHIBITED ACTIVITIES
You may not access or use the Sites for any other purpose other than that for which Expiringsoon International Inc. makes it available. The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Expiringsoon International Inc. Prohibited activity includes, but is not limited to:
A. attempting to bypass any measures of the Sites designed to prevent or restrict access ** the Sites, or any portion of the Sites
B. * to impersonate another user or person or using username ** another user
C. ** or tortious activity
D. deciphering, decompiling, disassembling or reverse engineering any ** the software comprising ** in way making up a part of the Sites
E. ** the copyright or other proprietary rights notice from Sites' content
F. engaging in any automated ** the system, such as using any * mining, or similar data gathering and extraction tools
G. except as may be the result of standard search or Internet browser usage, using or launching, developing or any automated system, including, without limitation, spider, robot (or "bot"), ** utility, * or offline reader that accesses the Sites, or using or launching any unauthorized script or other software
H. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you
I. interfering with, disrupting, or creating an ** burden ** the Sites or networks or services connected to Sites
J. making any use of the Company Services, including collecting usernames and/or email addresses ** users by * or other ** for the purpose of sending unsolicited email, or creating user accounts ** automated means or under false pretenses
K. * or otherwise transferring your profile
L. systematic retrieval of data or other content * the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission * Company
M. tricking, defrauding or misleading * and other users, especially in any attempt to ** account information * as passwords
N. using any information obtained from Sites in ** to harass, abuse, ** harm another person
O. ** the Company Services as part of any effort to * with * ** to provide services as a service bureau
P. using the Sites in a manner inconsistent with and applicable laws and regulations
Q. Advertising or Selling of Counterfeit and/or imitation products ** kind
R. ** of obscene or prohibited contents or products of all kinds
PROPERTY RIGHTS
The content on Sites (“Expiringsoon International Inc. Content”) and the trademarks, * marks and logos contained therein (“Marks”) are owned by or licensed to Expiringsoon International Inc., and are * to copyright and other intellectual property rights under United States and foreign laws and international conventions. Expiringsoon International Inc. Content, includes, without limitation, all source code, databases, functionality, software, Sites' designs, audio, video, text, ** and graphics. All Expiringsoon * Inc. graphics, logos, designs, page headers, button icons, * and service ** registered trademarks, law trademarks or trade dress of Expiringsoon International Inc. in the United States and/or other countries. International Inc. trademarks and trade ** may not be used, including as part of trademarks and/** as part of domain names, in connection * any product or service in any manner * is likely to cause and may not ** copied, imitated, or used, in whole or ** part, without the prior written * ** the Expiringsoon International Inc..
Expiringsoon International Inc. Content on the Sites is provided to you “AS IS” for your information and ** use only may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited other purposes whatsoever without the prior written consent of the respective owners. ** * you are eligible to use Sites, you are granted a limited license to and use the Sites the Expiringsoon International Inc. * to download ** print a * of any portion of the Expiringsoon * Inc. Content ** which you * properly gained access solely for your personal, non-commercial use. Expiringsoon * Inc. reserves all expressly * to you in and ** the Sites and Expiringsoon International Inc. * Marks.
** contains (or you may be sent through the Sites or the Expiringsoon International Inc. Services) links to ** websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and ** content or items belonging to or originating from third parties (the "** Party Content"). Such Third Party Websites and Third Party * not investigated, monitored or * for accuracy, appropriateness, or by us, and we are not responsible for any Third ** accessed through the Sites or any Third ** Content posted on, available through ** installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies ** or contained in the ** Party Websites or the Third Party Content. Inclusion of, linking to or permitting use or installation of any Third Party Websites or any Third ** * does imply ** or endorsement thereof by us. If you to leave the ** and access the Third ** Websites or to use or install any Third Party Content, you ** so at your own risk and should be aware that our terms and policies no longer govern. should review the applicable terms policies, privacy and data practices, of any ** to which you navigate from the ** or relating to any applications you or install from the Sites. Any purchases you make through Third Party Websites will ** through other websites and from other companies, and Expiringsoon * Inc. takes no responsibility whatsoever in ** to such purchases which are exclusively * the applicable third party.
SITE MANAGEMENT
Expiringsoon International Inc. reserves the right but does not have * to:
A. monitor the Sites for violations of this Agreement;
B. take appropriate legal action against anyone who, in Expiringsoon International Inc. sole discretion, violates * Agreement, including without limitation, reporting such user ** law enforcement authorities;
C. in Expiringsoon International Inc. sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof * may violate this Agreement or any Expiringsoon International Inc. policy;
D. in Company’s sole * and without limitation, notice or liability to remove from the ** or otherwise disable all files and content that are excessive ** size or are in any way burdensome to Expiringsoon * Inc. 's systems;
E. otherwise manage the Sites in a manner designed to * the rights and property of Expiringsoon International Inc. others and ** facilitate proper functioning of Sites.
* AND TERMINATION
This Agreement shall remain in full force and effect while you the Sites or are otherwise a user ** member of Sites, as applicable. You may terminate your use or participation at any time, for any reason, by instructions for terminating user ** in your account settings, ** available, or by contacting us ** the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF * AGREEMENT, COMPANY ** THE ** TO, IN COMPANY’S * DISCRETION AND WITHOUT ** LIABILITY, DENY ACCESS TO AND USE ** THE ** AND THE * SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN * AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, COMPANY MAY YOUR USE OR PARTICIPATION IN THE ** THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
** order to protect the integrity of the Sites and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses * accessing the Sites Company Services.
Any provisions of * that, in ** to * the purposes of such provisions, need to survive the termination or expiration ** this Agreement, shall ** to survive for as long as necessary to fulfill such purposes.
YOU * * CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT TIME PRIOR TO ** OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY ** CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS ** THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING * ACCOUNT SETTINGS. THIS * * ONLY TO INDIVIDUALS RESIDING IN STATES * SUCH LAWS.
If Company terminates or suspends your account for any reason, you are prohibited from ** and ** a new account under your name, a fake or borrowed name, or the name of any third party, * if you be acting on behalf of the ** party. In ** ** terminating or suspending * account, Company reserves the ** ** * appropriate legal action, including without limitation ** civil, criminal, and injunctive redress.
MODIFICATIONS
To Agreement
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites and revisions * be by date. You agree ** be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert users with whom it maintains email ** of * modifications by means of an email to their * recently provided email address. It is that you this and keep your contact information current in your * settings to ensure you are informed of changes. You agree that you will periodically check the Sites for updates ** this Agreement and you * read the ** we send you ** inform you of any changes. Modifications ** this Agreement shall ** after posting.
** Services
Company ** the right at time to or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. ** that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
DISPUTES
Between Users
If there is a dispute between users of the Sites, or between users and any third party, you understand and ** that Company is under no * to become involved. In the event that you have a dispute with one or more other users, you release Company, officers, employees, agents and successors in rights from claims, demands * (actual and consequential) of every kind ** nature, known or unknown, suspected and unsuspected, disclosed undisclosed, arising out of or in any way related to such ** and/or the Company Services.
With Company
A. Governing Law; Jurisdiction. This Agreement and all aspects of the Sites and Company ** shall be governed by and construed ** accordance with the internal laws of the State of Delaware, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as forth below), agree not ** commence or prosecute any action in connection other * in the state and * courts located in Houston County, State of Delaware, and you * to, waive all defenses ** lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction ** such state and federal courts. Application of the United Nations * on Contracts for the * Sale of Goods is excluded from this Agreement. Additionally, application of the * Computer Information ** (UCITA) ** excluded from this Agreement. In no event shall any claim, action or proceeding by you related ** any way to the Sites or * Services be * more than two (2) years after the cause of action arose.
B. Informal Resolution. ** expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Company agree to first * to negotiate any * (except those Disputes expressly provided below) * for at least thirty (30) days before initiating any arbitration ** court proceeding. Such informal negotiations ** upon written notice from person to other.
C. * Arbitration. If you and Company are unable to resolve a Dispute through ** negotiations, either you or Company elect to have the Dispute (except those ** expressly excluded below) finally and exclusively ** by binding arbitration. Any ** to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT * PROVISION, YOU WOULD HAVE THE ** TO SUE IN COURT AND HAVE A JURY TRIAL. The ** shall be and conducted under Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, ** appropriate, the AAA’s * Procedures for Consumer Related Disputes ("AAA Consumer Rules"), * of which are available at AAA website www.adr.org. determination of whether a Dispute is * to arbitration shall be governed ** the Federal ** Act determined by a court rather than an arbitrator. Your ** fees and your share of arbitrator compensation shall ** governed by AAA Consumer Rules and, where appropriate, limited by the Consumer Rules. If such costs are determined by arbitrator to be excessive, Company will pay all ** fees and expenses. arbitration may be conducted in person, * the submission of documents, by phone or online. The arbitrator will make a ** in writing, but need not provide a statement of * unless requested by a party. The * 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 Houston County, State ** Delaware. Except as provided in this Agreement, you and Company may litigate in court to compel arbitration, stay ** pending arbitration, or to confirm, modify, vacate or ** ** on award entered by the arbitrator.
D. Restrictions. and Company agree that any arbitration shall be * to the Dispute between Company you individually. To the full permitted by law, (1) no arbitration shall be with any other; (2) ** is no right or authority for any Dispute to be arbitrated on a class-action basis ** to utilize class action procedures; and (3) there is no right or authority any * to be brought ** a purported representative capacity on behalf of the general public or other persons.
E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject ** the ** provisions concerning informal negotiations and binding arbitration: (1) any ** seeking to * or protect, or concerning the validity ** any of your ** Company’s intellectual property rights; (2) any Dispute related to, ** * from, ** of theft, piracy, ** ** privacy or use; and (3) any claim for injunctive relief. ** this Section is ** to be illegal or unenforceable then neither you nor Company will ** ** arbitrate Dispute falling within that * of this * found to be illegal or unenforceable and * Dispute shall be decided ** a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of * court.
CORRECTIONS
Occasionally ** be information on the Sites * contains * errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
DISCLAIMERS
Company cannot * nature of all of the content available ** the Sites. By operating the Sites, * does not represent or imply that Company ** blogs, contributions or other content on or linked to by the Sites, without limitation content hosted on third party websites or ** by third party applications, or that * believes contributions, blogs ** other content to be accurate, useful ** non-harmful. We do not control and are not responsible for unlawful or objectionable content you may encounter on the Sites or in connection with any contributions. The Company is not ** for the conduct, whether online ** offline, of any user of Sites or * Services.
YOU AGREE THAT YOUR USE OF THE SITES COMPANY SERVICES * BE AT YOUR SOLE RISK. ** THE * EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ** ALL WARRANTIES, EXPRESS OR IMPLIED, IN * WITH THE SITES AND THE COMPANY ** AND YOUR USE THEREOF, INCLUDING, * LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO * OR REPRESENTATIONS ** THE ACCURACY OR COMPLETENESS OF SITES * OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY WHATSOEVER, FROM YOUR TO AND USE ** OUR SITES, (C) ANY UNAUTHORIZED ACCESS TO ** USE OF SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THEREIN, (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ** ** COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR * OUR SITES BY THIRD PARTY, AND/OR (F) ANY ERRORS ** OMISSIONS IN ANY CONTENT AND ** FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USE OF CONTENT POSTED, TRANSMITTED, ** * VIA THE SITES. * DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR * OR SERVICE ADVERTISED OR OFFERED ** A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN WAY BE ** FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT ** SERVICE THROUGH ANY OR IN ANY ENVIRONMENT, USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR DIRECTORS, EMPLOYEES, OR AGENTS BE ** YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF * OR OTHER DAMAGES * * YOUR OF SITES OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY ** SUCH DAMAGES. NOTWITHSTANDING ** TO THE CONTRARY HEREIN, COMPANY’S LIABILITY ** YOU FOR ANY ** WHATSOEVER AND REGARDLESS OF FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED ** THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR COMPANY ** DURING THE PERIOD OF THREE MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION ** LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL ** THE ** ** OR ** NOT ** TO YOU, AND YOU HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL * * NOT EXTEND TO CLAIMS WHICH THE ** DOES KNOW OR * TO EXIST ** HIS ** AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT * DEBTOR."
INDEMNITY
agree to defend, indemnify hold Company, subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from against, any loss, damage, liability, claim, or demand, reasonable attorneys’ fees and expenses, made by any third party due to ** arising out of your contributed content, of the Company Services, and/** arising from a breach of this Agreement and/or any breach ** your representations and warranties forth above. foregoing, Company reserves the right, at your expense, to assume defense and control of any matter for which you are required ** Company, and you agree to cooperate, at your expense, with Company’s * of such claims. Company will use reasonable efforts ** notify of any such claim, action, or proceeding ** is subject to this indemnification upon becoming aware of it.
NOTICES
** explicitly stated otherwise, notices given to Company shall be given by email ** the address listed in contact information below. Any notices given to you shall be given to email address you provided the registration process, ** * other * as each party may specify. Notice shall be to be given twenty-* (24) hours after the ** is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
USER DATA
Our Sites will ** certain data that you transfer to the Sites for the * of the performance of the Company Services, as well as * relating to your use of the Company Services. Although ** perform regular routine backups of data, you are responsible for all data that you have ** or * relates to any activity have undertaken ** the Company Services. You agree that Company shall have no liability to you for any loss ** corruption of such data, and you hereby waive any right ** action against Company * from any such loss or corruption of such data.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the * to enter * agreements and/** to * transactions electronically. YOU ACKNOWLEDGE * * ELECTRONIC SUBMISSIONS CONSTITUTE * AGREEMENT INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING ** ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In ** to access and retain your electronic records, you may be required ** have certain hardware software, which are your sole responsibility.
ELECTRONIC SIGNATURES
Users are allowed on expiringsoon to transmit and receive valid electronic * in the States under * Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’ signatures and identities not authenticated on expiringsoon.
MISCELLANEOUS
This Agreement constitutes the entire agreement between and Company the use of the Company Services. The failure of * to exercise ** enforce any right or provision of this Agreement shall not operate as a of * ** ** provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent ** by law. * and your account may not be ** by you without our express written consent. Company assign any or all of its rights obligations to others at any time. Company ** not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement ** unlawful, * or unenforceable, that or part of provision is deemed severable * this Agreement and does not ** and enforceability of any remaining provisions. There is ** joint venture, partnership, * or relationship * between you and Company as a result of this Agreement or use of the Sites Company Services. Upon Company’s request, you will furnish Company any documentation, ** or ** necessary to verify your compliance with this Agreement. You ** * this Agreement will be construed against Company by virtue of having drafted them. You hereby waive and all defenses you may have ** on the * form of this and the lack of * ** the parties hereto to * this Agreement.
CONTACT US
In order to * a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please * Company ** forth ** or, if any complaint with us is not satisfactorily resolved, and you are a California resident, can contact the Complaint Assistance Unit of the Division of Consumer Services of the * of Consumer * in writing at 400 "R" Street, Sacramento, California 95814 ** by telephone at 1-916-445-1254.
Expiringsoon International Inc.
13099 Westheimer Rd
Houston, TX 77077
Email: info@expiringsoon.shop
Phone: +1 305 434 7149
