IMPORTANT – READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT CAREFULLY:
THE SOFTWARE IS COPYRIGHTED AND IS LICENSED TO USER BY JOURNA, LLC (“JOURNA”) UNDER THIS AGREEMENT, NOT SOLD TO USER. BY ACCESSING OR USING THE SOFTWARE, USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, THAT USER UNDERSTANDS IT, AND THAT USER ACCEPTS AND AGREES TO BE BOUND BY ITS TERMS. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY, ORGANIZATION, EDUCATIONAL INSTITUTION, OR AGENCY, INSTRUMENTALITY OR DEPARTMENT OF A GOVERNMENT (EACH, AN “ENTITY”) AS ITS AUTHORIZED LEGAL REPRESENTATIVE, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE REQUISITE POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND REFERENCES TO “USER” HEREIN REFERS TO BOTH THE INDIVIDUAL END USER AND THE ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS AGREEMENT.
IF AT ANY TIME USER IS NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, USER SHOULD CLICK THE “I DO NOT ACCEPT” OR SIMILAR BUTTON, TERMINATE THE DOWNLOAD AND/OR INSTALLATION PROCESS, IF ANY, IMMEDIATELY CEASE AND REFRAIN FROM ACCESSING OR USING THE SOFTWARE, AND DELETE OR RETURN ANY COPIES USER MAY HAVE. THIS AGREEMENT, ALONG WITH ANY ADDITIONAL TERMS OR POLICIES INCORPORATED HEREIN BY REFERENCE, REPRESENTS THE ENTIRE AGREEMENT BETWEEN USER AND JOURNA CONCERNING THE SOFTWARE, AND THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING USER MAY HAVE HAD WITH JOURNA RELATING TO THE SOFTWARE, WHETHER ORALLY OR IN WRITING.
This End User License Agreement (this “Agreement”) is hereby entered into and agreed upon by the licensee, either an individual or an entity, each of the licensee’s authorized end users, and licensee’s Affiliates (defined below) (collectively, “User”) and Journa, LLC, a Mississippi limited liability company (“Journa”) for the Software (as defined below).
means an entity controlled by, under common control with, or controlling such party, where control is denoted by having fifty percent (50%) or more of the voting power (or equivalent) of the applicable entity. Subject to the terms and conditions of this Agreement, Affiliates may use the license granted hereunder. All references to Journa shall be deemed to be references to Journa and its Affiliates, and all references to User shall be deemed to be references to the licensee, each of the licensee’s authorized end users, and licensee’s Affiliate(s).
means the user documentation provided by Journa to User on the use of the Software. For the avoidance of doubt, any guide or end user documentation not prepared or provided by Journa, any online community site, or other feedback does not constitute Documentation.
means any transfer of signs, signals, text, images, sounds, data, or intelligence of any nature transmitted in whole or in part electronically received and/or transmitted through the Software.
means the object code versions of the application known as "Journa," whether delivered through a web application (website), mobile application, or desktop application, together with the updates, new releases or versions, modifications, or enhancements, owned and provided by Journa to User pursuant to this Agreement and more complete described in Exhibit A.
means all electronic data or information submitted to and stored in the Software by User.
Upon payment of the License Fee set forth in Section 2.2 for the Software and continuous compliance with the terms and conditions of this Agreement, Journa hereby grants User a limited, perpetual, nonexclusive, nontransferable license to use the Software and Documentation subject to the terms contained herein. User shall authorize access to and assign unique passwords and user names for each User account authorized to use the Software asset forth on Exhibit B. Logins are for designated and authorized persons and cannot be shared or used by more than one person, but any User login or account may be permanently reassigned to another person as needed. User shall be responsible for the confidentiality and use of User's passwords and user names. User shall also be responsible for all Electronic Communications, including those containing business information, account registration, account holder information, financial information, User Data, and all other data of any kind contained within emails or otherwise entered electronically through the Software or under User's account(s). Journa will act as though any Electronic Communications it receives under User's passwords, user names, and/or account will have been sent by User. User shall use commercially reasonable efforts to prevent unauthorized access to or use of the Software and shall promptly notify Journa of any unauthorized access or use of the Software and any loss or theft or unauthorized use of any of User's passwords, user names, and/or accounts.
In exchange for the License, User shall pay to Journa the license fee set forth on Exhibit B (the "License Fee"). The License Fee shall be paid by readily available funds or charged to User's credit card (pursuant to a credit card authorization on file with Journa). If at any time any License Fee due and payable to Journa is outstanding and unpaid for more than twenty-four (24) hours for any reason, each license to use the Software granted to User under this Section 2 may be revoked by Journa and, to the extent such payments are not remitted by User in a timely fashion thereafter, this Agreement may be terminated by Journa. In connection with the foregoing, Journa may take any and all steps reasonably necessary to impede or hinder User's use and access to the Software in the event License Fees are not timely paid by User or this Agreement is terminated. User agrees that Journa shall not be liable to User or to any of its Affiliates or other third party for any suspension of User's access to the Software pursuant to this Section 2.2.
If the Software is provided to User for evaluation purposes, Journa grants to User a nonexclusive, limited, royalty-free, nontransferable evaluation license to use the Software solely for evaluation prior to purchase (an "Evaluation License"). The Evaluation License shall terminate on the end date of the pre-determined evaluation period or immediately upon notice from Journa at its sole discretion. Notwithstanding any other provision contained herein, Software provided pursuant to an Evaluation License is provided to User "AS IS" without indemnification, support, or warranty of any kind, express or implied. Except to the extent such terms conflict with the specific Evaluation License terms set forth in this Section, all other terms of this Agreement shall apply to Software licensed under an Evaluation License.
Unless otherwise terminated in accordance with any other provision of this Agreement, the initial term of this Agreement shall commence as of the date indicated below and shall expire on that date which is exactly one (1) year after the commencement date. Thereafter, this Agreement shall automatically renew for successive one (1) year periods. Notwithstanding the foregoing, this Agreement may be terminated at any time by either party upon sixty (60) day's prior written notice, which notice may be given by electronic mail, regular mail, overnight delivery, or facsimile. In the event of termination, User shall immediately discontinue any and all use of the Software and shall delete, destroy, or return to Journa all materials connected with the Software. Further, following the termination of this Agreement, Journa may immediately deactivate the applicable User account(s) and shall be entitled to delete such User account(s) following a thirty (30) day period. Upon termination of this Agreement, neither party shall be relieved of any obligation, including without limitation the payment of any indemnification or License Fees, under this Agreement, nor shall such termination prejudice the claim of either party.
User is responsible for all activities conducted under its logins and for each designated and authorized person's compliance with this Agreement. User's use of the Software shall not include service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single account's login, or time-sharing of the Software.Further, User may not: (i) provide, make available to, or permit other individuals to use the Software or Documentation, except under the terms listed above, either in whole or part; (ii) modify, translate, reverse engineer, decompile, disassemble, create derivative works, or otherwise attempt to derive the source code based upon the Software or Documentation; (iii) copy, reproduce, republish, upload, post, or transmit the Software or Documentation (except for back-up or archival purposes, which will not be used for transfer, distribution, or sale); (iv) license, sell, rent, lease, transfer, sublicense, distribute, or otherwise transfer rights to the Software or Documentation; (v) obtain unauthorized access to the Software, including without limitation permitting access to or use of the Software via another system or application, the primary effect of which is to enable input of requests or transactions by other than authorized persons; (vi) remove any proprietary notices or labels on the Software or Documentation; or (v) license the Software if User is a direct competitor of Journa for the purposes of monitoring the Software's availability, performance, or functionality or for any other benchmarking or competitive purposes. Any such forbidden use shall immediately terminate User's license to the Software. The Software, including its monitoring, managing, recording, playback, and download features, are intended only for use with public domain or properly licensed third party materials. User might need a third party license to create, copy, download, record or save third-party media or content files for playback by this Software or to serve or distribute such files to be played back by the Software. All responsibility for obtaining such a license is User's, and Journa shall not be responsible for User's failure to do so.
User agrees that: (i) Journa is not acting on User's behalf as a Business Associate or subcontractor; (ii) the Software may not be used to store, maintain, process, or transmit protected health information; and (iii) the Software will not be used in any manner that would require Journa or the Software to be compliant with the Health Insurance Portability and Accountability Act of 1996, as amended and supplemented ("HIPAA"). In this Section 4.3, the terms "Business Associate," "subcontractor," and "protected health information" shall have the meanings described in HIPAA.
User may not delete, remove, hide, move or alter any trademark, logo, icon, image or text that represents the company name of Journa, any derivation thereof, or any icon, image, or text that is likely to be confused with the same. All representations of the company name or mark, including but not limited to "Journa," or any of its Affiliates’ names or marks must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice.
The Software and Documentation delivered to User under this Agreement are subject to U.S. export control laws and regulations and may also be subject to import and export laws of the jurisdiction in which it was obtained, if outside the U.S. User shall abide by all applicable export control laws, rules and regulations applicable to the Software and Documentation. User agrees that User will not export, re-export, or transfer the Software or Documentation, in whole or in part, to any country, person, or entity subject to U.S. export restrictions. User specifically agrees not to export, re-export, or transfer the Software or Documentation (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any person or entity who User knows or has reason to know will utilize the Software or portion thereof in the design, development, production or use of illegal materials, facilities, or weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.
User shall immediately notify Journa if at any time during the term of this Agreement User becomes aware of any actual or threatened infringement of Journa's rights in the Software by a third party (an "Infringement"). In the event of any Infringement, Journa shall have the right, but not the obligation, to take legal action with respect to the Infringement at its own expense. If Journa chooses to take such action, all costs associated with any such action shall be borne by Journa and any damages recovered as a result of any such action shall be retained by Journa. In any such action, User shall provide full cooperation and assistance to Journa, as requested by Journa.
The Software and Documentation are protected by the intellectual property laws and other laws of the United States and international laws and treaties, including intellectual property laws. User agrees that User shall use the Software and Documentation solely in a manner that complies with all applicable laws in the jurisdictions in which User uses the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
THE SOFTWARE IS LICENSED, NOT SOLD. Use herein of the word "purchase" in conjunction with licenses, user names, passwords, accounts, or the Software shall not imply a transfer of ownership. Unless as conveyed herein, this Agreement does not grant User any rights, title, or interest in or to Software, Documentation, trademarks, service marks, trade secrets, or corresponding intellectual property (including without limitation any images, photographs, animations, video, audio, music, and text incorporated into the Software, the accompanying printed materials, and any copies of the Software) of Journa or its suppliers, and all rights, title, and interest in and to the Software, Documentation, and corresponding intellectual property shall remain the property of Journa, its suppliers, or are publicly available. All rights not expressly granted under this Agreement are reserved by Journa, its suppliers, or third parties. All title, rights, and interest in and to content, which may be accessed through the Software, is the property of the respective owner and may be protected by applicable intellectual property laws and treaties. This Agreement gives User no rights to such content, including use of the same. Journa agrees that the data and information (including without limitation, computer software, computer database, computer software documentation, specifications, design drawings, reports, blueprints, and the like) generated by the Software from User’s proprietary data and information shall be and remain User’s sole property.
Journa warrants to User that for a period of thirty (30) days following the initial purchase and delivery of the Software to User that the Software will perform substantially in conformance with the Documentation. Journa does not warrant that the Software will meet all of User's requirements or that the use of the Software will be uninterrupted or error-free. The foregoing warranty applies only to failures in operation of the Software that are reproducible in standalone form and does not apply to: (i) Software that is modified or altered by User or any third party that is not authorized by Journa; (ii) Software that is otherwise operated in violation of this Agreement or other than in accordance with the Documentation; or (iii) failures that are caused by other software or hardware products. To the maximum extent permitted under applicable law, as Journa's and its supplier's entire liability, and as User's exclusive remedy for any breach of the foregoing warranty, Journa will, at its sole option and expense, promptly repair any Software that fails to meet this limited warranty or, if Journa is unable to repair the Software, refund to User the License Fees paid. The warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any repaired Software under this limited warranty will be warranted for thirty (30) days.
EXCEPT AS EXPRESSLY STATED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, JOURNA IS PROVIDING AND LICENSING THE SOFTWARE TOUSER"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Journa will indemnify and hold User harmless from any third party claim brought against User that the Software, as provided by Journa to User under this Agreement and used within the scope of this Agreement, infringes or misappropriates any U.S. patent, copyright, trademark, trade secret, or other intellectual property rights of a third party, provided (i) use of the Software by User is in conformity with this Agreement and the Documentation; (ii) the infringement is not caused by modification or alteration of the Software or Documentation; and/or (iii) the infringement was not caused by a combination or use of the Software with products not supplied by Journa. Journa's indemnification obligations are contingent upon User: (i) promptly notifying Journa in writing of the claim; (ii) granting Journa sole control of the selection of counsel, defense, and settlement of the claim; and (iii) providing Journa with reasonable assistance, information and authority required for the defense and settlement of the claim. This Section states Journa's entire liability and shall be User's sole and exclusive remedy with respect to indemnification User.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JOURNA, ITS DIRECTORS, MANAGERS, MEMBERS, OFFICERS, AGENTS, SUPPLIERS AND LICENSORS, BE LIABLE TOUSER(WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) (I) FOR MORE THAN THE AMOUNT OF LICENSE FEES THATUSERHAS PAID TO JOURNA IN THE PRECEDING (12) TWELVE MONTHS FOR THE APPLICABLE SOFTWARE OR (II) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE,OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF USE OF THE SERVICE OFFERING, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS, OR OTHER ECONOMIC DAMAGE ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF JOURNA HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Software may make use of or integrate open source or free software, including that certain open source software set forth on Exhibit C. Additionally, the Software may be bundled with third party software programs, which may include additional open source or free software licenses. These open source, free software, and third party software programs shall be governed by their own license terms. Nothing in this Agreement limits User's rights under, or grants User rights that supersede, the terms of any such open source, free software, or third party software license.
Journa shall maintain commercially reasonable administrative, physical, and technical safeguards designed for the protection, confidentiality, and integrity of User Data. As between Journa and User, all title and intellectual property rights in and to the User Data is owned exclusively by User. User acknowledges and agrees that in connection with the Software, Journa as part of its standard Software offering may make frequent backup copies of the User Data and may store and maintain such data for a period of time determined in accordance with Journa's standard business practices.
This Agreement shall be governed by the laws of the State of Mississippi and of the United States, without regard to any conflict of laws provisions, except that the United Nations Convention on the International Sale of Goods shall not apply. The parties agree that the provisions of the Uniform Computer Information Transactions Act shall not apply to this Agreement. User hereby consent to jurisdiction of the courts of both the state and federal courts of the State of Mississippi.
This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. The Parties may exchange signature pages by facsimile and such signatures shall be effective to bind the Parties.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous communications, agreements and understandings, written or oral, with respect to the subject matter hereof, including without limitation the terms of any party or any purchase order issued in connection with this Agreement. If any provision of this Agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This Agreement shall not be amended or modified except in a writing signed by authorized representatives of each party.
Journa is a comprehensive workspace software application solution developed by Journa, LLC to help people and organizations create, organize, track, and interact with their work. The application may be accessed through a web application (website), mobile application, or desktop application. Journa is focused on providing a flexible, multi-functional work space which can quickly pivot from documenting and tracking the user's work to other interactive functions, including searching for historical content or sharing content with third parties.
User shall have license to use Software accounts, each account having a unique password, user name, and authorized and designated end user.
The License Fee for each Software account shall be $
For each period, the aggregate License Fee shall be $
During the term of the End User License Agreement, the License Fee shall be payable each month/quarter (circle one) in arrears / advance (circle one) as of the day of each such period with the first License Fee due on .
Last modified: November 1st, 2017
STANDING OFFER, LLC, (the "Company" or "We") respects your privacy and is committed to protecting it through the Company's compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website https://standingoffer.com (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
This policy does not apply to information collected by:
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features, use any of the interactive features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
We collect several types of information from and about users of our Website, including information:
We collect this information:
The information we collect on or through our Website may include:
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
The information we collect automatically does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
We use information that we collect about you or that you provide to us, including any personal information:
We may also use your information to contact you about our services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data. For more information, see Choices About How We Use and Disclose Your Information.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may also disclose your personal information:
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Last Modified: November 14, 2017
The Website is offered and available to users who are 21 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
You are responsible for:
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
The Company name, the terms Standing Offer LLC and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Mississippi, in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
This website is operated by Standing Offer, LLC located at 300 Concourse Blvd, Ste 101, Ridgeland, MS 39157.
All notices of copyright infringement claims should be sent in writing to the following e-mail address: email@example.com.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.
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