1. THIS IS AN AGREEMENT BETWEEN YOU AND Totally Dependable
This is an agreement ("Agreement") between you and Totally Dependable or, if applicable based on where you live, one of its affiliates). This Agreement governs your use of any Web site or Web page operated by Totally Dependable (each, an "Totally Dependable Web Site," and collectively, the "Totally Dependable Web site"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. Totally Dependable OFFERS Totally Dependable WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF Totally Dependable WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 8, 9, and 10); AND AN EXCLUSIVE REMEDY (See Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW Totally Dependable MAY MODIFY THIS AGREEMENT.
Totally Dependable reserves the right to change the terms, conditions, and notices under which it offers Totally Dependable Web Site, including any charges associated with the use of Totally Dependable Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Totally Dependable Web Site. Your continued use of Totally Dependable Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS.
Totally Dependable Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Totally Dependable Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within an Totally Dependable Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF Totally Dependable WEB SITE.
Totally Dependable Web site is only for your personal and commercial advertisement use. You will not use Totally Dependable Web site in any way that is unlawful, or harms Totally Dependable, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "Totally Dependable Party" and collectively, the "Totally Dependable Parties") or any customer of an Totally Dependable Party, as determined in Totally Dependable’s sole discretion. Totally Dependable may inform you about certain specific harmful uses in a code of conduct or other notices available through a Totally Dependable Web Site, but Totally Dependable has no obligation to do so. You may not use Totally Dependable Web Sites in any way that breaches any code of conduct, policy or other notice applicable to Totally Dependable Web Site. Without limiting the generality of this section, you may not use Totally Dependable Web Site in any manner that could damage, disable, overburden, or impair any Totally Dependable Web Site (or the network(s) connected to any Totally Dependable Web Site) or interfere with any other party's use and enjoyment of Totally Dependable Web site.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY.
Without limiting the generality of Section 4, you will not use Totally Dependable Web Site to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Totally Dependable may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of Totally Dependable Web site includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through Totally Dependable Web Site.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING.
For materials, inquiries, or information you post or otherwise provide to Totally Dependable related to Totally Dependable Web Site (your “Submission”), you grant Totally Dependable unconditional permission to: (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with Totally Dependable Web site; and (2) sublicense these rights, to the maximum extent permitted by applicable law. Totally Dependable will not pay you for your Submission. Totally Dependable may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Totally Dependable may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of Totally Dependable Parties or any customer of a Totally Dependable Party.
7. INFORMATION AVAILABLE FROM Totally Dependable WEB SITE. Totally Dependable and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from Totally Dependable Web Site. Totally Dependable and its suppliers do not authorize the use of information available from Totally Dependable Web Site for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Totally Dependable is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in Totally Dependable Web site constitutes an offer or solicitation to buy or sell any security. Totally Dependable does not endorse or recommend any particular product or service, other than those of Totally Dependable Nothing contained in Totally Dependable Web site is intended to constitute professional advice, including but not limited to, investment or tax advice.
8. Totally Dependable MAKES NO WARRANTY.
Totally Dependable PROVIDES Totally Dependable WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Totally Dependable PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. Totally Dependable PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (a) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (b) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (c) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF Totally Dependable WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.
IN NO EVENT WILL ANY Totally Dependable PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF Totally Dependable WEB SITE, EVEN IF SUCH Totally Dependable PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: (a) BREACH OF CONTRACT; (b) BREACH OF WARRANTY; (c) NEGLIGENCE; OR (d) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH Totally Dependable WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Totally Dependable PARTY WITH RESPECT TO THIS AGREEMENT OR Totally Dependable WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Totally Dependable WEB SITE.
10. CHANGES TO Totally Dependable WEB SITE; ADDITIONAL LIABILITY LIMITATION.
Totally Dependable PARTIES MAY CHANGE Totally Dependable WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use Totally Dependable Web site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Totally Dependable and persons other than Totally Dependable (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT Totally Dependable PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR: (a) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT; OR (b) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT Totally Dependable IS NOT RESPONSIBLE OR LIABLE FOR: (a) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF Totally Dependable WEB SITE; (b) ANY INCOMPATIBILITY BETWEEN Totally Dependable WEB SITE AND OTHER WEB SITE, SERVICES, SOFTWARE AND HARDWARE; (c) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH Totally Dependable WEB SITE IN AN ACCURATE OR TIMELY MANNER; OR (d) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS CONTAINED ON Totally Dependable WEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9 AND 10 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
11. TERMINATION; ACCESS RESTRICTION. Totally Dependable may terminate this Agreement, or terminate or suspend your access to Totally Dependable Web site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use Totally Dependable Web site will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE SUBMITTED OR STORED ON Totally Dependable WEB SITE MAY NOT BE RETRIEVED LATER.
12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
If this Agreement is with Totally Dependable, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Georgia, without reference to conflict of laws principles. If this Agreement is with a Totally Dependable affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Totally Dependable affiliate, without reference to conflict of laws principles. If this Agreement is with Totally Dependable, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or superior courts of Fulton County, Georgia, USA, in all disputes arising out of or relating to the use of Totally Dependable Web site. If this Agreement is with a Totally Dependable affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Totally Dependable affiliate in all disputes arising out of or relating to the use of Totally Dependable Web site.
13. INTERPRETING THE AGREEMENT; ASSIGNMENT.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Totally Dependable may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in Totally Dependable Web site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Totally Dependable with respect to Totally Dependable Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Totally Dependable with respect to Totally Dependable Web site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
14. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM.
YOU AND Totally Dependable AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Totally Dependable WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGMENTS.
All contents of Totally Dependable Web site are copyrighted 2011. All rights reserved. Totally Dependable’s logo, and/or other Totally Dependable materials, products and services referenced herein may also be either trademarks or registered trademarks of Totally Dependable in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
16. OTHER NOTICES.
Third Party Account Information. By using the "Listings Manager" service through Totally Dependable Web site, you authorize Totally Dependable and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Totally Dependable and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Totally Dependable and its agents to process your request and use information submitted by you to accomplish the foregoing.
17. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Totally Dependable, attention: Crystal Hyatt, 3885 Sandy Plains Road, Marietta, GA 30066 . ALL notifications which do not so comply will receive no response.