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1.
AGREEMENT
Welcome to
the Ugoadz.com ™ Web site
(hereinafter "Ugoadz.com,"
"Company" or the "Site").
A UGOBIZ INC. COMPANY
By using
this Site, you agree to be
bound by, and to comply
with, these Terms and
Conditions unless offer
terms that are accepted in
writing by Company. You
agree to comply with any
rules and regulations posted
on the Site regarding any
Products, Services, and
Ugoadz.com partners. All
such rules and regulations
posted are hereby
incorporated by reference
into these Terms and
Conditions. If you are
dissatisfied with the Site,
its content or Terms or
Conditions or other legal
notices, you may offer feed
back or suggestions as
Ugoadz.com and it's Partners are very interested
in customer satisfaction,
Should there be an issue
that can not be solved
between Ugoadz.com, it's
partners and you the
customer, Ugoadz.com will
maintain a running account
of the issues so that there
maybe be policy's and checks
put in place to prevent the
occurrence again.
PLEASE NOTE:
Ugoadz.com dose reserve the
right, at our sole
discretion, to change,
modify or otherwise alter
these Terms and Conditions
at any time. Please review
these Terms and Conditions
periodically. Your continued
use of the Site following
the posting of changes
and/or modifications will
constitute your acceptance
of the revised Terms and
Conditions. Whether or not
you actually reviewed them.
The
paragraphs below will
address issues, including
but not limited to:
Please read
these terms carefully
because they contain legal
obligations.
2.
PRIVACY POLICY
Please
review our Privacy Policy,
Rules, and Regulations
which also governs your
visit to this Site, to
understand our practices.
3.
COMMUNICATIONS
When you
visit the Ugoadz.com, to
purchase products or
services through the
Ugoadz.com Site or our partners, or contact our
customer service department,
you are communicating with
us electronically. We will
also communicate with you
via email or by posting
updates on the Site. By
using the Ugoadz.com Site and
it's partners, you
hereby agree that all
agreements, disclosures and
other communications that
the Ugoadz.com and it's
partners provide to
you electronically satisfy
any customer satisfaction or
legal requirement, and that
such communication is to be
in writing.
The
Ugoadz.com welcomes your feedback
about the Site. However, any
comments, ideas, notes,
messages, suggestions or
other communications sent to
the Site shall be and remain
the exclusive property of
Company, and we may use all
such communications in any
manner, including
reproducing, disclosing and
publishing such
communications, as property
of the Ugoadz.com.
4.
CHILD OR THIRD PARTY POLICY
The
Ugoadz.com dose not intend the
Site to be used by
individuals under the age of
18 (a "Minor") without the a
parent or guardian 18 years
of age or older. The Ugoadz.com relies upon
Parent/Guardians to
determine if any content or
items available on the Site
is inappropriate for the
viewing of such Minors, and
access or purchase by such
Minors. If a Customer is a
Minor, he/she may use the
The Ugoadz.com Site only
under the direct supervision
of a Parent/Guardian. If you
are making a purchase on
behalf of a Minor you except
full responsibility for the
purchase. If you are making
a purchase on behalf of a
business or third party
through the Site you must
have the authority to bind
them to these Site Terms and
Conditions, other wise you
assume all responsibility
for the purchase.
By entering
any information on The
Ugoadz.com Site and or it's
partners, you
represent that:
-
you are
at least 18 years of age
or are using the site
under the direct
supervision of a
Parent/Guardian.
-
you are
using your actual
identity.
-
you have
provided only true,
accurate, current and
complete information.
-
your
billing address and
phone number you provide
will be the address and
phone number your credit
card bank has on file
for you.
-
you will
maintain and promptly
update the information
that you provide to keep
it true, accurate,
current and complete.
-
you are
not using the Site for
any improper purpose. If
you provide any
information that is
untrue, inaccurate, not
current or incomplete,
or we have reasonable
grounds to suspect that
such information is
untrue, inaccurate, not
current or incomplete,
we may suspend or
terminate your account
and refuse any and all
current and future use
of the Site.
5.
CONFIRMING, CANCELING &
CHANGING YOUR ORDERS AND/OR
MEMBERSHIP
For orders
that have already been
processed the Ugoadz.com has
no ability to refund and or
cancel the processed
transaction between you and
the partners. The Ugoadz.com is there for absolved
of all refund and
replacement options, and all
customer satisfaction
concerns based on the
purchase of a product or
service provided by a
partners. The customer
satisfaction and policy's of
the partners will
remain the primary conflict
resolution process. Should
the issue still not be
resolved the Ugoadz.com will
open it's own investigation
to determine if there needs
to be further changes to
existing partners.
6.
TERMS OF LIMITED WARRANTY
In addition
the Ugoadz.com dose not
Warrant or Guarantee, to the
original customer purchasing
such products directly from
partners that all such
products sold will be held
directly between the
customer and the the partner. Any claim with
respect to such products
where the purchaser seeks a
refund of the purchase price
must be made directly to the
partner.
7.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND
AGREE THAT YOUR USE OF THE
SITE IS AT YOUR SOLE RISK
AND THAT THE PRODUCTS AND
SERVICES ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE"
BASIS. THIS DOSE NOT COVER
ACTS OF NATURE OR THIRD
PARTIES.
EXCEPT AS
EXPRESSLY PROVIDED HEREIN WE
EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY THE SITE,
ITS SERVERS, OR E-MAILS SENT
FROM OR ON BEHALF OF
Ugoadz.com AND IT'S PARTNERS ARE FREE OF VIRUSES,
SCRIPTS, TROJAN HORSES,
WORMS OR OTHER HARMFUL
COMPONENTS.
ANY PRODUCTS
PURCHASED, MATERIAL
DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF
THE SITE IS DONE AT YOUR OWN
DISCRETION AND RISK. YOU
WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR PRINTERS
THAT RESULTS FROM YOUR USE
OF THIS SITE, OUR PRODUCTS
OR OPENING ANY EMAIL SENT BY
US. NO ADVICE OR
INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU
FROM US OR THROUGH OR FROM
THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY
STATED IN THESE TERMS AND
CONDITIONS.
EXCEPT AS
EXPRESSLY STATED HEREIN WE
MAKE NO WARRANTY THAT: (i)
ANY PRODUCT OR SERVICE WILL
MEET YOUR REQUIREMENTS; (ii)
ANY PRODUCT OR SERVICE WILL
BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (iii)
THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF ANY
PRODUCT OR SERVICE WILL BE
ACCURATE OR RELIABLE: (iv)
THE QUALITY OF ANY PRODUCT,
SERVICE, INFORMATION, OR
OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH ANY
PRODUCT OR SERVICE WILL MEET
YOUR EXPECTATIONS; OR (v)
ANY DEFECTS WILL BE
CORRECTED.
8.
PRODUCT DESCRIPTION,
TYPOGRAPHICAL ERRORS, THIRD
PARTY SITES
The
Ugoadz.com attempts to be as
accurate as possible with
our product descriptions.
However, the Ugoadz.com
dose
not warrant that products or
service descriptions or
other content of this site
is accurate, complete,
reliable, current, or
error-free. The Ugoadz.com
dose not make
representations based on the
accuracy of the partners nor dose the
Ugoadz.com have any clause that
excludes all orders of
products or services are
subject to prevailing law,
including, as appropriate,
export and import
regulations and boycotting
restrictions, if any,
imposed by governing bodies
having jurisdiction over
such orders, products or
services. You should note
that product comparisons do
not imply that all products
compared are available, or
in the case of functional
equivalency, that
performance or other
characteristics are exactly
comparable.
In the event
a product or service is
listed at an incorrect price
due to typographical error
or error in pricing
information received from
the Ugoadz.comS partners, the issues is to be
resolved directly between
the customer and the partner.
The
Ugoadz.com is not responsible for
the content of any sites
that may be linked to or
from this Site. These links
are provided for your
convenience only and you
access them at your own
risk. Any other web site
accessed from this Site is
independent from the
Ugoadz.com, and the
Ugoadz.com has
no control over the content
of that other web site. In
addition, a link to any
other web site dose not
imply that the Ugoadz.com
endorses or accepts any
responsibility for the
content or use of such other
web site. In no event shall
any reference to any third
party or third party product
or service be construed as
an approval or endorsement
by the Ugoadz.com of that
third party or of any
product or service provided
by a third party.
9.
MODIFICATIONS TO THE SITE
The
Ugoadz.com reserves the right to
modify, suspend or
discontinue any Product,
Service or Promotion in our
sole discretion without
prior notice. The Ugoadz.com
reserve the right to reject
any Partner as dose
any partner reserve
the right to discontinue
with the Ugoadz.com, without
giving any reason. As such
the Ugoadz.com dose not make
representations or Guarantee
that the Ugoadz.com will
always have the same
products or services.
10.
CUSTOMRE CONDUCT
You agree
not to access or attempt to
access the non-public areas
of the Site or any other
user's password-protected
information or impersonate
any person or entity or
otherwise falsely state or
misrepresent your
affiliation with a person or
entity. Your agree that you
will not infringe on all
products and services or
facilitate infringement on
any copyright, patent,
trademark, trade secret, or
other proprietary,
publicity, or privacy rights
(collectively "Rights") of
any party, including the
Rights of third-parties; or
contain or promote any
viruses, Trojan horses,
worms, time bombs or other
computer programming or code
that is designed or intended
to damage, destroy,
intercept, download,
interfere, manipulate, or
otherwise interrupt or
expropriate the Site, data,
personal information,
software, equipment, servers
or content or facilitate or
promote hacking or similar
conduct. We may elect to
electronically monitor areas
of the Site and may disclose
any content, records, or
electronic communication of
any kind to satisfy any law,
regulation, or government
request if such disclosure
is necessary or appropriate.
11.
LIMITATION OF LIABILITY
YOU
UNDERSTAND AND AGREE THAT
EXCEPT AS EXPRESSLY SET
FORTH HEREIN OFFICERS,
DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS OR ANY
OTHER PARTY INVOLVED IN
CREATING, PRODUCING,
TRANSMITTING, OR
DISTRIBUTING THE SITE OR
RELATED PRODUCTS OR SERVICES
(COLLECTIVELY THE "UGOBIZ,
INC. UMBRELLA") SHALL NOT BE
LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF
WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i)
YOUR USE OR INABILITY TO USE
THE SITE OR OUR PRODUCTS;
(ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR
OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SITE; (v)
OR ACTS OF NATURE, FORCES,
OR CAUSES BEYOND OUR
REASONABLE CONTROL,
INCLUDING, WITHOUT
LIMITATION, INTERNET
FAILURES, COMPUTER EQUIPMENT
FAILURES, TELECOMMUNICATION
EQUIPMENT OR OTHER EQUIPMENT
FAILURES, ELECTRICAL POWER
FAILURES, STRIKES, LABOR
DISPUTES, RIOTS,
INSURRECTIONS, CIVIL
DISTURBANCES, SHORTAGES OF
LABOR OR MATERIALS, FIRES,
FLOODS, STORMS, EXPLOSIONS,
ACTS OF GOD, WAR,
GOVERNMENTAL ACTIONS, ORDERS
OF DOMESTIC OR FOREIGN
COURTS OR TRIBUNALS,
NON-PERFORMANCE OF THIRD
PARTIES, OR LOSS OF OR
FLUCTUATIONS IN HEAT, LIGHT,
OR AIR CONDITIONING or (vi)
ANY OTHER MATTER RELATING TO
THE SITE HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY
(INCLUDING NEGLIGENCE). IN
NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES
OF ACTION.
THE
FOREGOING LIMITATIONS SHALL
APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY.
12.
EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
ACCORDINGLY, OUR LIABILITY
IN SUCH JURISDICTION SHALL
BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
13.
INDEMNITY
By using the
Site web sites you agree to
indemnify Ugoadz.com and the UGOBIZ, Inc. Umbrella and
hold them harmless from any
and all claims and expenses,
including (without
limitation) attorney's fees,
arising from your use of the
Site web sites, your use of
the Products and Services,
or your submission of ideas
and/or related materials to
Ugoadz.com or from any
person's use of any ID,
membership or password you
maintain with any portion of
the Site, regardless of
whether such use is
authorized by you.
14.
COPYRIGHT AND TRADEMARK
NOTICE
Ugoadz.com
© 2005, UGOBIZ, Inc. All
rights reserved. Ugoadz.com™
is a trademark of UGOBIZ,
Inc. Except as expressly
provided, nothing within the
Site shall be construed as
conferring any license under
our or any third party's
intellectual property
rights, whether by
implication, waiver, or
otherwise. Without limiting
the generality of the
foregoing, you acknowledge
and agree that all content
available through and used
to operate the Site and its
services is protected by
copyright, trademark,
patent, or other proprietary
rights of Ugoadz.com and its
affiliates, licensors, and
service providers. You agree
not to: (a) modify, alter,
or deface any of the
trademarks, service marks,
trade dress (collectively
"Trademarks") or other
intellectual property made
available by us in
connection with the Site;
(b) hold yourself out as in
any way sponsored by,
affiliated with, or endorsed
by us, or any of our
affiliates or service
providers; (c) use any of
the Trademarks or other
content accessible through
the Site for any purpose
other than the purpose for
which we have made it
available to you; (d) defame
or disparage us, our
Trademarks, or any aspect of
the Site; and (e) adapt,
translate, modify,
decompile, disassemble, or
reverse engineer the Site or
any software or programs
used in connection with it
or its Products and
Services. Links to the Site
without Ugoadz.com's express
written permission are
strictly prohibited. The
framing, mirroring, scraping
or data mining of the Site
or any of its content in any
form and by any method is
expressly prohibited.
15.
ASSIGNMENT.
Customer may
not assign its rights or
obligations hereunder
without the express prior
written consent of Company.
This agreement shall be
binding upon the heirs,
successors and assigns of
the parties hereto.
If you have
any questions or suggestions
regarding our privacy
policy, please contact us
at:
Ugoadz.com
E-mail:
Customer Service
Web: Contact Customer
Service
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