2. Permission to Use; Limitations; Termination. Users who have accepted this Agreement are granted permission to use this Website for its intended purposes subject to the terms and conditions of this Agreement. Use of certain components of this Website may be subject to additional terms and conditions. To the extent that such additional terms provide for additional limitations or restrictions on use of this Website, such limitations and restrictions shall be in addition to those provided under this Agreement. Certain sections of this Website may be restricted in which event use of those sections is prohibited unless specific permission to access those sections is given by the Company. User agrees to comply with this Agreement as it may be modified from time to time as set forth below. User also agrees to comply with all applicable laws in connection with his or her use of this Website. The Company may revoke User’s permission to use all or any part of this Website at any time for any reason in the sole discretion of the Company. User’s permission to use this Website shall automatically terminate in the event that User violates this Agreement. User agrees that absent an express written contract with the Company, User has no right to use any of the information or content of this Website in commercial or public setting. User agrees not to broadcast, copy, print, save, sell or publish any portion of the content of this Website including the databases, invisible pages, linked pages, underlying code or any other intellectual property of this Website and User agrees to pay to the Company liquidated damages in the amount of $100,000 (U.S.) in addition to costs, actual damages and reasonable attorneys’ fees for breach of this provision.
5. Changes to Website; Limitation of Availability. The Company may modify or discontinue any aspect or feature of this Website, including its content, functionality, hours of availability, registration requirements, the domain name addresses through which this Website is accessible, or the equipment needed for its use, at any time and for any reason in the sole discretion of the Company. The availability of this Website is subject to periodic downtime for maintenance and repairs and is subject to interruption due to causes beyond the Company’s control including failure of telecommunication links and failure of Internet infrastructure. User acknowledges and agrees that the Company shall not be responsible for any interruptions of the availability of this Website.
6. Exclusive User Remedy. In the event that User is dissatisfied with any aspect of this Website, User’s sole remedy shall be to discontinue use of this Website. By use of this Website, User deems to have irrevocably agreed to the terms and conditions of this Agreement.
7. DISCLAIMER OF WARRANTIES. THIS WEBSITE IS PROVIDED “AS-IS” WITH ALL FAULTS AND THE COMPANY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES RELATING TO THIS WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING: ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES OF TITLE; WARRANTIES AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT; WARRANTIES FOR INFORMATION, DATA, SERVICES OR UNINTERRUPTED ACCESS; OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BY WAY OF ILLUSTRATION WITHOUT LIMITATION, THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL FULFILL ANY OF USER’S PARTICULAR REQUIREMENTS, THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION OBTAINED THROUGH THIS WEBSITE IS ACCURATE. USER ASSUMES ALL RISK FOR USE OF THIS SITE.
8. DISCLAIMER OF LIABILITY. NEITHER THE COMPANY NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, PARTNERS, MANAGERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, OR CONTENT OR SERVICE PROVIDERS SHALL HAVE ANY LIABILITY TO ANY USER OR THEIR PRINCIPALS AND AGENTS FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT, TORT OR STATUTE. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE COMPANY IS PROVIDING ACCESS TO THIS WEBSITE IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT, AND FURTHER ACKNOWLEDGES AND AGREES THAT SUCH LIMITATIONS ARE REASONABLE. IN NO EVENT SHALL THE COMPANY’S LIABILITY TO USER EXCEED THE FEES (IF ANY) ACTUALLY PAID BY USER FOR USE OF THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE RESPECTIVE LIABILITY OF THE COMPANY, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, PARTNERS, MANAGERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, OR CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH JURIDICTION LAW. THIS DISCLAIMER OF LIABILITY INCLUDES BUT IS NOT LIMITED TO ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMPUTER DAMAGE, SOFTWARE DAMAGE, CORRUPTED CODES, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD OR INABILITY TO GAIN ACCESS OR USE OF THE WEBSITE.
9. Proprietary Rights; Restrictions. User acknowledges and agrees that this Website’s content (i.e., data, information, graphics, etc.), design, code, underlying technology and related information are proprietary to the Company (or its licensors and vendors if applicable) and protected by U.S. and international copyright laws, trade secret laws, trademark laws and other laws. The posting of information or materials on this Website by the Company does not constitute a waiver of any right in such information and materials. This Agreement does not provide User with any right or interest in the Company’s proprietary rights related to this Website or otherwise, and all such rights shall continue to be owned by the Company (or its licensors or vendors if applicable). Except to the extent express written permission is given by the Company, User shall not copy, reproduce or otherwise duplicate this Website, in whole or in part, and shall not access or attempt to access any of the Company’s systems, programs, data or other information or content that is not made available for public use, or use any information on this Website other than for its intended purpose. Permission is hereby given to User to view, print or download information on this site that is made available for public viewing, printing or downloading, for User’s own internal use and not for republication, distribution, sale, transfer, preparation of derivative works or other use. Data mining, harvesting or similar collection of email addresses or other information on this Website is prohibited. The Company does not grant any license or other authorization to any User of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on this Website. The Company reserves the right to disapprove any links to this Website, in which event such links shall be immediately removed. Expansions Publishing Company is a trademark of the Company and may not be used without the express written permission of the Company. Other trademarks appearing on this site are trademarks of the Company or others and may not be used without the express written permission of their respective owners. User agrees to pay to the Company liquidated damages in the amount of $100,000 (U.S.) in addition to costs, actual damages and reasonable attorneys’ fees for breach of this provision.
10. User Conduct. User is prohibited from posting or transmitting to or from the Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could give rise to any civil or criminal liability under the law. User is likewise prohibited from posting or transmitting to or from the Website any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication. User is further prohibited from harvesting or otherwise collecting information about other users, including email addresses. User is prohibited from transferring any membership or use of or access to this Website to a third-party. User is prohibited from posting or transmitting any information, content or software which contains a virus, trojan horse, worm or other harmful component.
The Company has the right, in its sole discretion, to terminate and refuse any and all current and future use of this Website if it deems the terms and conditions of this Agreement have been violated. The Company reserves the right to refuse to post or to remove any information, materials or content, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of the terms and conditions of this Agreement.
Unless expressly authorized by Website, User may not hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to another site for any reason. Further, User is not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express written permission from the Company, nor is User allowed to ‘frame’ the site. User specifically agrees to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. User agrees to pay to the Company liquidated damages in the amount of $100,000 (U.S.) in addition to costs, actual damages and reasonable attorneys’ fees for breach of this provision.
11. Submissions by User. By submitting photos, statements or other content to the Website, User expressly agrees and consents to the publication of the submitted content and User further releases from liability the Company and its officers, employees, vendors, contractors, subcontractors, agents and affiliates. All Users agree and acknowledge that they have full privilege and copyright to any content submitted. Unless otherwise indicated for a particular communication, any communications or material of any kind that is submitted to or otherwise transmitted through this Website by User will be treated as non-confidential and nonproprietary.
12. Indemnification. User agrees to defend, indemnify and hold the Company and its agents and affiliates harmless from any and claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from User’s use of the Website or the placement or transmission of any message, content, information or other materials through the Website by User or User’s Principals, or related to any violation of the terms and conditions of this Agreement by User or User’s Principals.
13. User Age. All persons under the age of eighteen are specifically denied access to this Website and it is unlawful for said person to visit, read or otherwise interact with this Website in any manner. The Company denies access to the Website to any individual that is covered by the Child Online Privacy Act (COPA) of 1998.
The prevailing party shall be awarded all of the filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney’s fees, and similar costs related to collecting an arbitrator’s award, will be added to, and become a part of, the amount due pursuant to this provision. Any questions involving contract interpretation shall use the laws of Colorado.
15. Severability of Provisions. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, and the provision held to be invalid or unenforceable shall be automatically amended to most closely approximate the original provision on terms that are valid and enforceable and the court or other adjudicating authority holding such provision invalid or unenforceable shall make such amendment accordingly.
16. Integration. This Agreement reflects the entire agreement of the parties relating to the subject matter hereof. Oral statements shall be of no binding effect. This Agreement shall control over any conflicting documents or information, including information on this Website, and shall be the sole source of any obligations of the Company.
17. Modification. The Company may modify the terms of this Agreement from time to time by posting changes to this Agreement on this Website. No provision of this Agreement may be amended, modified or waived except as provided in the foregoing sentence. User agrees to review this Agreement from time to time regarding any changes. Any use of this Website after the Company’s posting of any such changes shall constitute User’s acceptance of this Agreement as modified.
18. Interpretation. The terms of this Agreement constitute the mutual agreement of the parties and shall be construed neutrally and not for or against any party. When used in this Agreement, the terms “include” or “including” means “including but not limited to.” The headings in this Agreement are inserted for convenience; the provisions of this Agreement shall control.
19. IRS CIRCULAR 230 Notice. Nothing in the communications between the Company and User (including but not limited to emails, content, attachments, enclosures or other materials) relating to any federal tax transaction or matter shall be considered to be “covered opinions” as described in Circular 230.
Conditions of Order
All orders placed via the Site are subject to the terms of this Agreement, including the following Conditions of Order. No change, alteration, deletion or modification of any of this Agreement is permitted without written permission by an authorized Expansions Publishing Company, LLC representative. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. Orders placed on forms deviating from these terms and conditions may be accepted, but solely on the basis that the terms of this Agreement will prevail.
1. Order Validation and Acceptance. When you place an order, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. Your placement of an order via the Site is an offer to purchase our Products. Expansions Publishing Company, INC may accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by Expansions Publishing Company, INC until the Product has been shipped or fulfilled via the Internet. If we decline to accept your order, we will attempt to notify you using the email address or other contact information you have provided with your order.
2. Quantity Limitations. Expansions Publishing Company, INC may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. Expansions Publishing Company, INC may reject any order, or any part of an order.
3. Electronic Communication. When you place an order via the Site, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that Expansions Publishing Company, INC will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide a valid email address.
4. Pricing and Product Information. Expansions Publishing Company, INC makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to Expansions Publishing Company, INC ‘s acceptance of your order. In the event we discover a material error in the description or availability of a Product that affects your outstanding order with Expansions Publishing Company INC, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, Expansions Publishing Company, Inc. will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars.
5. Payment. Expansions Publishing Company, INC offers the following payment methods: We offer MasterCard, VISA, Discover and American Express.
6. Shipping Charges. Shipping or freight charges and insurance (as applicable) will be paid by the customer.
7. Handling Charge. Minimum shipping and/or handling charges (as applicable) will be paid by the customer.
8. Sales Tax. Sales tax is charged on shipments in Michigan.
10. All the material (written, audio, vidoes, graphics) are copyrighted and belong to Expansions Publishing Company, INC. Nothing on the site may be used without written permission of Expansions Publishing Company, INC.
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