Commonly Used Terms and their Definitions
All initial capitalized terms used in this Agreement shall have the meaning ascribed to such terms. In addition to the terms defined elsewhere in this Agreement, the following terms shall have the meaning listed below:
“Intellectual Property Rights” means any writing, trade name, trademark, service mark, mask work or any other material registered or otherwise protected or protectable under state, federal, or foreign patent, trademark, copyright, trade secret or similar laws.
“Person” means any individual, trust or legal entity.
“Personally Identifiable Information” means information that can be reasonably linked to a specific User.
“Proprietary Information” includes any scientific, technical, trade or business secrets of any person or entity and any scientific, technical, trade or business materials that a person or entity treats, or is obligated to treat, as confidential or proprietary, including, but not limited to, Inventions belonging to a person or entity and confidential information obtained by or given to a person or entity about or belonging to a third party.
“Site Content” means all information on the Site and available through the Services, including without limitation designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format, and their selection and arrangement.
“User” is anyone that accesses the Site other than the Company.
“User Content” includes all information that a User may transmit to the Site and which may become available for use or display, including without limitation all designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format.
Control of the Site and Services
You acknowledge that Concerco LLC is a service provider that generally does not regulate the content of Users’ interactions with the Site. As a result, Concerco LLC has very little control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of User Content provided by Users. Nonetheless, Concerco LLC reserves the right to monitor and/or limit any User Content provided by a User on the Site.
Other Parties Rights in Content
You acknowledge that: (i) by using the Site you will have access to User Content provided by other Users, and (ii) User Content and Site Content may be provided under license by independent content providers, including contributions from other Users. The Company may not pre-screen User Content submitted by Users to the Site. You acknowledge that the Company and other Users have rights in their respective Site Content and User Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Services or posting on the Site. You accept full responsibility and liability for your use of any Site Content or User Content in violation of any such rights. You agree that your creation or submission of any User Content is not in any way based upon any expectation of compensation from the Company or any other Users.
Service Interruptions and Changes to the Site
Concerco LLC reserves the right to interrupt the Services with or without prior notice for any reason or no reason. You agree that Concerco LLC will not be liable for any interruption of the Services, delay or failure to perform. Concerco LLC has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site as it sees fit in its sole discretion.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; and (c) maintain and promptly update the Registration Data and any other information you provide to Company, and keep it accurate, current and complete.
Proprietary Rights in Site Content; Limited License
Ownership of User Content
The Company and each User that is a party to this Agreement acknowledges and agrees that, subject to the terms and conditions of this Agreement, Users may retain any and all applicable Intellectual Property Rights with respect to any User Content that a User creates or submits using the Services, to the extent such User has such rights under applicable law.
Notwithstanding the foregoing, you understand and agree that by submitting User Content to any area of the Site, you automatically grant (and you represent and warrant that you have the right to grant): (i) to the Company: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to use, reproduce and distribute your User Content within the Services, as permitted by you through your interactions on the Services, (b) the perpetual and irrevocable right to delete any or all of your User Content from Company owned, controlled or used servers and from the Site, for any reason or no reason, whether intentional or unintentional, and, without any liability of any kind to you or any other party; and (c) a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your User Content as the Company may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Services; and (ii) to other Users a limited license to access and use your User Content for their own personal use, in connection with participating on the Site. Other than as expressly provided herein, no User shall acquire any license or ownership in other Users’ User Content.
You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your User Content hereunder, including without limitation, any rights or obligations you may or may not have concerning open source software; (ii) you are solely responsible for, and the Company will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Site, including without limitation any legal consequences relating to your or any other Person’s Intellectual Property Rights or Proprietary Information; and (iii) Concerco LLC’s acknowledgement hereunder of your Intellectual Property Rights in your User Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of the Company’s intention not to require Users of the Site to forego certain Intellectual Property Rights with respect to User Content they submit to the Site, subject to the terms of this Agreement.
Concerco LLC retains ownership of User data, regardless of any Intellectual Property Rights in User Content.
You agree that even though you may retain certain copyright or other Intellectual Property Rights with respect to User Content that is submitted on the Site, you do not own any data Concerco LLC stores on its servers (including without limitation any data representing or embodying any or all of your User Content). Your Intellectual Property Rights in any User Content, if any, do not confer any rights of access to the Site, the Services or any rights to data stored by or on behalf of the Company.
“Gidjit" and other product names, brands, graphics, logos, designs, page headers, button icons, scripts and service names used by Concerco LLC to identify the Services, Site and/or other services and/or products owned by Concerco LLC or its affiliated companies are registered trademarks, trademarks or trade dress (collectively, the “Marks”) of Concerco LLC and its affiliated companies in the U.S. and/or other countries. The Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or association or affiliation with Concerco LLC and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Conduct by Users; Prohibited Conduct
You agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit to or via the Site any User Content that infringes or violates any third party rights, including without limitation all Intellectual Property Rights, or that constitutes any other Person’s Proprietary Information; (ii) impersonate any Person without their consent, including, but not limited to, a Concerco LLC employee, or falsely state or otherwise misrepresent your affiliation with any Person; (iii) take any action or upload, post, e-mail or otherwise transmit to or via the Site any User Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit to or via the Site any User Content as determined by Concerco LLC at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit to or via the Site any User Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personally Identifiable Information; (vi) take any action or upload, post, email or otherwise transmit to or via the Site any User Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit to or via the Site any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that the Company considers in its sole discretion to be of such nature; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) attempt to gain access to any other User’s Personally Identifiable Information; or (x) “stalk”, abuse or attempt to abuse, or otherwise harass another user; (xi) charge any third party for use of the Site or the Services; or (xii) modify, adapt, reverse engineer, decompile or attempt to discover the source code of the Site or any of its algorithms that are utilized to operate the Site or the Services. Any violation by you of the terms of the foregoing may result in immediate and permanent suspension from accessing the Site.
Copyright Infringement Complaints
We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on the Site or via the Services any materials that violate another party’s Intellectual Property Rights or that constitutes another Person’s Proprietary Information. Any infringing materials posted by any User can be identified and removed pursuant to Concerco LLs' Digital Millennium Copyright Act (the “DMCA”) compliance process, provided herein, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe that any Site Content infringes a copyright, please send a notice of copyright infringement containing the following information to email@example.com:
- Identification of copyrighted material allegedly being infringed, including an attached file containing the copyrighted material;
- Identification of the Site Content claimed to be infringing including the specific location within the Site of the allegedly infringing Site Content;
- Your contact information, including address, telephone number and e-mail address, and if you are not the owner of the copyright that has been allegedly infringed, an explanation of your relationship to the copyright owner;
- A statement that you have a good faith belief that the allegedly infringing Site Content is not authorized by the copyright owner, its agent, or the law, and that under penalty of perjury, the information provided is accurate, and you are authorized to make the complaint on behalf of the copyright owner; and
- Your signature.
Concerco LLC will, upon receiving your notice of copyright infringement, if that notice complies with the foregoing five requirements, take one or more of the following actions: (a) reasonably determine that the allegedly infringing Site Content is not infringing, and allow the Site Content to remain, (b) contact the Person who posted the allegedly infringing Site Content concerning your notice of infringement, and (c) remove the allegedly infringing Site Content. By your use of this Site, you expressly agree to and accept the foregoing DMCA compliance process, acknowledge its compliance with U.S. copyright law, and waive any and all claims against Concerco LLC directly relating to, or arising from, the foregoing DMCA compliance process.
Repeat Infringers Policy
In accordance with the DMCA and other applicable law, Concerco LLC has adopted a policy of terminating, in appropriate circumstances and at Concerco LLC's sole discretion, Users who are deemed to be repeat infringers. Concerco LLC may also at its sole discretion limit access to the Site of any Users who infringe any Intellectual Property Rights or who disclose Proprietary Information of others, whether or not there is any repeat infringement or disclosure. Any amounts that may otherwise be or may become due from the Company to any User, who has submitted User Content that infringes any Intellectual Property Rights or discloses Proprietary Information of any other Person is subject to forfeiture, at the sole discretion of the Company.
Concerco LLC is not responsible or liable in any manner for any User Content posted on the Site or in connection with the Services. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Site Content you may encounter on the Site or in connection with any User Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Services.
Disputes Between Users
As a condition of access to the Site and the Services, you release Concerco LLC (and Concerco LLC shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Site; including, without limitation, any claim that another User infringes upon your Intellectual Property Rights in any User Content that you may provide. You further understand and agree that: (a) Concerco LLC will have the right but not the obligation to resolve disputes between Users relating to the Services, and Concerco LLC ’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent Concerco LLC elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Services and will not make judgments regarding legal issues or claims; (c) Concerco LLC ’s resolution of such disputes will be final with respect to the Site but will have no bearing on any real-world legal disputes in which Users of the Services may become involved; and (d) you hereby release Concerco LLC (and Concerco LLC ’s shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Concerco LLC's resolution of disputes relating to the Site or the Services.
All Data on the Company’s Servers is subject to Deletion, Alteration or Transfer
When using the Site or the Services, you may accumulate Site Content, objects, items, scripts, or other value or status indicators that reside as data on the Company’s servers. THIS DATA, AND ANY OTHER DATA RESIDING ON CONCERCO LLC’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN CONCERCO LLC ’S SOLE DISCRETION.
YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE WITH RESPECT TO USER CONTENT YOU POST ON THE SITE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH USER CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, CONCERCO LLC DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE USER CONTENT OR SITE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON THE COMPANY’S SERVERS.
YOU UNDERSTAND AND AGREE THAT CONCERCO LLC HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY SITE CONTENT (INCLUDING YOUR USER CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITHOUT ANY LIABILITY OF ANY KIND.
Concerco LLC’s liability to you is expressly limited, to the extent allowable under applicable law.
IN NO EVENT SHALL CONCERCO LLC OR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES OR THE SITE (INCLUDING WITHOUT LIMITATION ITS MODIFICATION OR TERMINATION), WHETHER OR NOT THE COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL CONCERCO LLC’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED ONE HUNDRED DOLLARS (U.S. $100.00).
Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that Concerco LLC shall not be held responsible or liable for anything that occurs or results from accessing the Site or participating in the Services.
All Services are Provided “as is” Without Express or Implied Warranties
CONCERCO LLC PROVIDES THE SERVICES STRICTLY ON AN “AS IS” BASIS, PROVIDED AND ACCEPTED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, the Company does not ensure continuous, error-free, secure or virus-free operation of the Services, the Services or your account, and you understand that you shall not be entitled to make any claim based on Concerco LLC’s failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
All Sales Made on an “as is”, no refund basis
UNLESS OTHERWISE STATED BY THE COMPANY IN WRITING ON THIS SITE, ALL SALES MADE ON THE SITE ARE STRICTLY ON AN “AS IS” BASIS, PROVIDED AND ACCEPTED AT YOUR OWN RISK, AND CONCERCO LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
UNLESS OTHERWISE STATED BY THE COMPANY IN WRITING ON THIS SITE, ALL SALES MADE BY THE COMPANY ARE FINAL, MADE WITHOUT ANY GUARANTEE, AND THERE WILL BE NO REFUNDS FOR ANY REASON.
You hereby agree to defend, indemnify and hold harmless Concerco LLC , its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors and assigns and other Users of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any breach of this Agreement by you, or from your use of the Services. You agree to defend, indemnify and hold harmless the Company, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any claims by third parties that your activity on the Site or your User Content infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.
Concerco LLC complies with the U.S. - EU Safe Harbor framework and the U.S. - Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from European Union member countries and Switzerland. Concerco LLC has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. To learn more about the Safe Harbor program and to view Concerco LLC's certification, please visit http://www.export.gov/safeharbor/.
If you have any complaints regarding our compliance with the Safe Harbor you should first contact us at firstname.lastname@example.org.
If contacting us does not resolve your complaint, you may raise your complaint with TRUSTe at https://feedback-form.truste.com/watchdog/request, fax to 415-520-3420, or mail to TRUSTe Safe Harbor Compliance Dept. at the relevant address listed at http://www.truste.com/about-TRUSTe/contact-us.
If you are faxing or mailing TRUSTe to lodge a complaint, you must include the following information: the name of Company, the alleged privacy violation, your contact information, and whether you would like the particulars of your complaint shared with the Company.
For information about TRUSTe or the operation of TRUSTe’s dispute resolution process, point your Internet bowser to https://feedback-form.truste.com/watchdog/request, or request this information from TRUSTe at any of the addresses listed at http://www.truste.com/about-TRUSTe/contact-us.
The TRUSTe dispute resolution process shall be conducted in English. For human resources data we have agreed to cooperate with national data protection authorities, a list of which can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
COLLECTION AND USES OF YOUR PERSONAL INFORMATION
You acknowledge and agree that Concerco LLC, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Services. Except as otherwise provided herein, the Personally Identifiable Information you provide to us is used for the Company’s internal purposes only. Concerco LLC uses the information it collects to learn what you like and to improve the Services.
Depending on what Services you use on the Site, Concerco LLC may request Personally Identifiable Information from you, including but not limited to your full name, a valid email address and username and/or password, billing address, credit card information, proof of identification and physical mailing address.
You agree that Concerco LLC may communicate with you via email and any similar technology for any purpose relating to the Services.
CONTROLLING AND ACCESSING YOUR PERSONAL INFORMATION
Your personal information is only private to the extent that keep it private. Should you post personal information on the Site, Concerco LLC does not have any control over how another party might use that information.
You can access and update your personal information at any time by emailing Concerco LLC at email@example.com.
SHARING YOUR PERSONAL INFORMATION
Concerco LLC will not give any of your Personally Identifiable Information to any third party or otherwise disclose your Personally Identifiable Information without your express approval except: as reasonably necessary to fulfill your service request or purchase order, to third-party fulfillment houses, customer support, billing and credit verification services, and the like; to learn what you like and to improve the Services; to communicate with you regarding the Services and the Company’s business; to comply with tax and other applicable law; as otherwise expressly permitted by this Agreement or as otherwise authorized by you; to law enforcement or other appropriate third parties in connection with criminal investigations and other investigations of fraud; in connection with a merger, sale, reorganization, dissolution or liquidation of Concerco LLC businesses, to prospective or actual acquirers of Concerco LLC assets; or as otherwise necessary to protect the Company, its agents and other users of the Services. Concerco LLC can (and you authorize Concerco LLC to) disclose any information about you to private entities, law enforcement agencies or government officials, as Concerco LLC , in its sole discretion, believes necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. The Company may share general, demographic, or aggregated information with third parties about its Users and their Content and Services usage, but that information will not include or be linked to any Personally Identifiable Information without your consent.
SECURITY OF YOUR PERSONAL INFORMATION
Concerco LLC follows generally accepted industry standards for the protection of the Personally Identifiable Information that you submit, both during transmission and after receipt. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties.
RETENTION OF YOUR PERSONAL INFORMATION
Concerco LLC uses third-party advertising services to serve Concerco LLC ads when you visit the Site and sites upon which we advertise (often referred to as “online network advertising”). This advertising technology uses information about your visits to this Site and the sites upon which we advertise (not including your Personally Identifiable Information) to serve Concerco LLC ads to you. In the course of serving Concerco LLC advertisements to you, a unique third-party cookie may be placed or recognized on your browser.
LINKED WEBSITES, SERVICES
The Services may contain links to websites other than the Site, and redirection or pass-through to, or integration of, services other than the Services. Except as set forth herein, Concerco LLC does not share your Personally Identifiable Information with these websites and services, nor is Concerco LLC responsible for the privacy practices of these websites and services. Concerco LLC makes no representations or warranties concerning such websites and services, nor shall Concerco LLC have any liability concerning such websites and services.
REVIEW SECTIONS OF SITE
The review sections of pages associated with the Site are public. The information that you provide in such portions of the Site is publicly available to others, and can be read, collected and/or used by others, potentially outside the Site. The opinions expressed by each review section participant (who is not an employee of Concerco LLC are his/her own and do not represent the views of Concerco LLC.
You agree to grant to Company a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise any copyright, publicity, and database rights you may have in User Content you provide in the reviews sections of the Site (including without limitation, your name, voice, image, likeness, and representations made by you), in any media now known or not currently known (including, without limitation, television, print, radio and the Internet), world-wide, for the purposes of advertising, promoting, reporting and disseminating information about the Company or the Company’s business, services and products.
The Site and Services are not directed to or intended to be used by children under the age of 13. Concerco LLC does not knowingly collect Personally Identifiable Information from children under the age of 13. If Concerco LLC learns that it has collected Personally Identifiable Information of a child under the age of 13 without parental consent, we will delete that data from our systems. If you become aware that a child has provided Concerco LLC with Personally Identifiable Information without parental consent, please contact Concerco LLC at firstname.lastname@example.org.
CONTACT CONCERCO LLC
Dispute Resolution; Governing Law; Venue and Jurisdiction
YOU AND THE COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT, THE SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, except that Concerco LLC may seek injunctive relief in state or federal court located in New Castle County, Delaware concerning violation by a User of any of the User conduct rules set forth above, and in such case, the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
The Site and Services are controlled and operated by Concerco LLC from its offices within the United States of America. The Company makes no representation that any aspect of the Services is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access the Services from other locations are responsible for compliance with applicable local laws. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Services and its use.
The Company’s failure to act with respect to a breach by you or others does not waive Concerco LLC ’s right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Concerco LLC under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of the Company. All or any of Concerco LLC ’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Services in a merger, acquisition or sale of all or substantially all of ’s assets. You may not assign or transfer this Agreement or any or all of your rights or obligations hereunder without the prior written consent of the Company, and any attempt to do so is void. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Concerco LLC shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Concerco LLC .
This Agreement sets forth the entire understanding and agreement between you and Concerco LLC with respect to the subject matter hereof. The section headings used herein, including descriptive headings, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
Concerco LLC may give notice to you by means of a general notice through the Services, by electronic mail to your e-mail address in our records, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record. All notices given by you or required under this Agreement shall be mailed to us at email@example.com unless otherwise provided in this Agreement.
Concerco LLC warrants to the original purchaser (“Purchaser”) of all authentic Concerco LLC-branded products (a “Product”), for the period of one (1) year following the date on which Purchaser purchases a Product, that the Product shall be free of defects in design, assembly, material, or workmanship.
Concerco LLC will repair or replace, at its option, any defective Product free of charge.
In order to qualify for this warranty, the Purchaser must provide the defective Product and a copy of the original receipt of purchase to Concerco LLC for inspection. The receipt of purchase must indicate the Product purchased, price paid, date of purchase, and name of merchant.
To request service under this warranty, contact Concerco LLC at firstname.lastname@example.org, and a Concerco LLC representative will provide instruction on how to proceed.
This warranty shall be null and void if Concerco LLC determines that the Product has been improperly installed, altered or tampered with in any way.
This warranty does not protect against normal-use wear and tear or damage due to abuse.
This warranty does not cover non Concerco LLC-branded products or counterfeit, replica or otherwise non-authentic Concerco LLC branded products.
THIS WARRANTY CONTAINS THE SOLE WARRANTY OF CONCERCO LLC. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, IF ANY, ARE LIMITED IN DURATION TO THE TERM OF THIS WARRANTY. IN NO EVENT SHALL CONCERCO LLC BE LIABLE FOR INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS ARISING OUT OF THE SALE OR USE OF ANY PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow exclusions or limitations on implied warranties or incidental, consequential or other damages, so the above exclusions and limitations may not apply to you.