Terms
& Conditions ("the terms of use")
You should carefully read the Terms of Use before using
Our Site. By using Our Site or indicating your agreement
by clicking the Accept button putting a check in the
Accept box, you agree to be bound by the Terms of Use.
This is a legally binding agreement. If you do not agree
with the Terms of Use you should not use Our Site.
1. We agree to provide you access to Our Site in accordance
with the Terms of Use.
2. You agree to use Our Site in a manner consistent
with any and all applicable rules and regulations.
3. You accept that Our Site is provided on an "as
is, as available" basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR
SITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE
FOR SPECIFIC ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE TERMINATED
AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR
BY US BY THE SENDING OF NOTICE TO THE OTHER PARTY.
6. WE MAY FOR MARKETING PURPOSES COLLECT, PROCESS AND
TRANSMIT DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE
OF YOUR ACCESSING OUR SITE.
7. You are authorized to download one copy of the material
on our Site on one computer for your personal, non-commercial
use only but you may not in so doing remove or amend
any trademark, copyright or other proprietary notice.
8. Subject to the above, you may not modify, copy, distribute,
republish or upload any of the material on our Site
without our prior consent in writing. No intellectual
property or other rights shall be transferred to you.
9. To the extent that portions of our Site (such as
"chat rooms" or "bulletin boards")
provide users an opportunity to post and exchange information,
ideas and opinions ("Postings"), BE ADVISED
THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR
TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do
not necessarily reflect our views. To the fullest extent
permitted by applicable laws, we exclude all responsibility
and liability for the Postings or for any losses or
expenses resulting from their use and/or appearance
on our Site.
10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS,
WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND
CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES
OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING
WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA,
LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS
OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR
OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS
OUR SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU
ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES
FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER
NECESSARY.
11. We reserve the right to monitor all materials posted
on this bulletin board (“Postings”) and to remove any
which we consider in our absolute discretion to be offensive
or otherwise in breach of these Terms of Use.
12. You hereby represent and warrant that you have all
necessary rights in and to all Postings you provide
and all material they contain and that such Postings
shall not infringe any proprietary or other rights of
third parties.
13. Where we provide hypertext links to other sites
we do so for information purposes only, and such links
are not endorsements by us of any products or services
in such sites and we accept no liability nor make any
endorsement or approval of the same.
14. The Terms of Use contain the entire understanding
between us with respect of Our Site and no representation,
statement, inducement oral or written, not contained
herein shall bind either of us.
15. Should any part of the Terms of Use be declared
invalid or unenforceable by a court of competent jurisdiction,
this shall not affect the validity of any remaining
portion and such remaining portion shall remain in full
force and effect as if the invalid portion of the Terms
of Use had been eliminated.
16. This Agreement is governed by the laws of the State
of Texas, without regard to principles of conflict of
laws.
To the extent you have in any manner violated or threatened
to violate DryEraseForLess.com and/or its affiliates'
intellectual property rights, DryEraseForLess.com and/or
its affiliates may seek injunctive or other appropriate
relief in any state or federal court in the State of
Texas, and you consent to exclusive jurisdiction and
venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Colleyville,
Texas. Any costs and fees other than attorney fees associated
with the mediation will be shared equally by each of
us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: Colleyville,
Texas, under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration
may be entered in any court with jurisdiction to do
so.
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