|
It is hereby acknowledged, understood and agreed between Associerge, Associations, Inc., Conciant LLC and each of their affiliates, succesors and assigns (hereafter collectively (“Associerge”) and you, a registered Associerge Member (hereafter “You”), that by registering for membership (“Associerge Membership”) or by accessing, browsing or using this Site through any direct or indirect means, or by using the Services offered in or through the Site through alternative methods (including, for example, telephone, mail, email or facsimile), You are legally bound to abide by the following Terms and Conditions of Use, as well as the terms and conditions of any other agreement You may sign or enter into with Associerge. If You do not agree with any part of the Term and Conditions of Use that follow, You should not access, browse or use this Site through any direct or indirect means, or by using the Services offered in or through the Site through alternative methods (including, for example, telephone, mail, email or facsimile).
The following agreement describes the terms and conditions that apply to Associerge Membership, including Associerge Membership responsibilities, and the limitations of our liability. This agreement is entered into between Associerge and You.
Eligibility
Associerge Membership, Services and the Site are available only to individuals or entities who can form legally binding contracts under applicable law, and who are employees, customers and affiliates of entities that have entered into a service agreement with Associerge or one of its affiliates. Without limiting the foregoing, Associerge Membership, Services and the Site are not available to individuals under the age of majority. If You do not qualify, You may neither use Associerge Membership, Services or the Site.
Acceptable Use
By using the Associerge Membership, Services and the Site, You represent and warrant that You are of sufficient and legal age which legally binds and obligates You for any liabilities You may incur. So that Associerge can provide You with Associerge Membership and Services, You hereby authorize Associerge to act as your agent (By way of example, obtaining merchandise on your behalf and entering into transactions that You specifically request.) You hereby irrevocably agree to be solely responsible for payment of goods or Services that Associerge orders or procures as your agent on your behalf, together with all applicable fees associated therewith.
Limitation of Liability
From time to time, the Site will need scheduled maintenance and preventative, required and emergency maintenance work. While we expect your experience to be a pleasantly painless experience, You hereby acknowledge, understand and agree that Associerge shall have no liability of any kind whatsoever for the unavailability of the Services or the Site, for any loss of telecommunications, data or transactions resulting from delays, non-deliveries, mis-delivered or Service interruptions caused by Associerge, any third party acts or any other web host provider or Internet infrastructure and network external to the Site. In no event shall Associerge or any of its employees, agents, directors, or officers be liable for any injury, loss, claim, damage, or any indirect, special, exemplary, punitive, incidental, consequential, loss of profits or revenue damages of any kind, whether based in contract, tort or otherwise, which arises out of or is in any way connected with any use of the Associerge Membership, Services or the Site even if Associerge has been advised of the possibility of such damages and regardless of whether Associerge knew or should have known of the possibility of such damages. If, notwithstanding the foregoing, Associerge is found liable for any loss or damage relating to the use of Associerge Membership and Services, including use of the Site, You hereby irrevocably agree that the total cumulative liability of Associerge under this Agreement shall not exceed two hundred fifty dollars ($250.00).
Events
Associerge is in the business of providing, among other things, ticketing and booking for access to certain travel, entertainment, lifestyle experiences and events (collectively “Events”) which are by their very nature unique and exclusive, and;
1. In securing a seat/place at such Events, time and full payment of associated fees (the “Fees”) are of the essence.
2. In keeping with the above provisions, it is hereby further acknowledged, understood and agreed between Associerge and You that:
a) As the nature of the Events are exclusive, no refund of any money paid by You will be refunded if You wish to cancel, unless otherwise agreed to in writing by Associerge.
b) You hereby acknowledge, understand and agree that the price of any Event may exceed the face value of the ticket.
b) All prices are in U.S. Dollars, and refunds, if any, shall be in U.S. Dollars unless otherwise agreed to in writing between Associerge and You.
c) You hereby acknowledge, understand and agree that You shall be solely responsible for payment of additional Fees due to changes in the exchange rate occurring prior to the actual date of the Event irrespective of Fees described on any invoice, credit card statement or the like.
3. It is hereby further acknowledged, understood and agreed between Associerge and You that:
a) All advertised Events are subject to availability, and may change without notice to You. You hereby acknowledge, understand and agree that Associerge is not responsible for changes in Event dates and times, locations and accommodations. You acknowledge that Associerge has no control over such changes. If said changes are made, You will not be entitled to a refund, unless at the discretion of Associerge.
b) You acknowledge, understand and agree that Associerge shall not be held liable to You for failure to provide the Services ordered if such failure is due to actions and circumstances beyond the control of Associerge.
c) You acknowledge, understand and agree that Associerge is acting as a booking agent, has no responsibility or control over any of the aspects of the ticketed Event and therefore will not be held responsible by You for either negligence, strict liability, tort, product liability, intentional torts or under any other theory of liability for any death, loss of funds, thefts, damage to property, personal injury or any other loss suffered by You.
4. This Agreement, including all requests, reservations, and purchases of any Event on your behalf constitute your agreement to the above terms and conditions.
Event Planning
Catering Services are per person all inclusive for on site and drop off catering. Per person charge is relative to fare, beverage preference, crystal, china, linens, tableware, servers, set-up, venue, table, tent, chair and other rentals. You hereby irrevocably agree to be solely responsible for payment of all catering, server, rental and other goods and Services Associerge orders or procures on your behalf, together with all applicable fees associated therewith.
Purchases/Concierge Fees
Elements and Urbanity Preferred membership rates (as shown at the Membership Upgrade page) and purchases and/or ancillary, collateral, incidental and like Services contracted in good faith on your behalf are charged at the time of purchase or completion of the Service request. You hereby irrevocably agree to be solely responsible for payment of goods or Services Associerge orders or procures on your behalf, together with all applicable fees associated therewith. You hereby irrevocably agree to be solely responsible for payment of products or Services Associerge orders or procures on your behalf. You agree to pay such charges and authorize Associerge and Vendors and Service Providers as those terms are defined in these Term and Conditions of Use to charge/deduct the calculated amount from your designated Payment Account, as that term is defined in these Term and Conditions of Use, for these amounts, including fees associated with joining Associerge, Elements membership ala carte Service fees, fees associated with membership upgrades (as show at the Membership Upgrade page) annual renewal of your membership and any additional charges that may be incurred by You.
Associerge Courtesy Invoice Payment and Purchasing Service
Service Definitions
"Service" means the Associerge courtesy invoice payment and purchasing service offered through Associerge and the Site.
"Agreement" means these Term and Conditions of Use of Use.
"Vendor and Service Provider" is the vendor, merchant, manufacturer, distributor or service provider requested by You, or referred to You by Associerge to which You hereby authorize Associerge to pay invoices and charges for product/service purchases and/or ancillary, collateral, incidental and like products and Services contracted by Associerge in good faith on your behalf.
"Payment Account" is the payment method set forth in your Payment Profile or such other payment method You may designate in writing to Associerge from time to time from which invoices and charges for product/service purchases and/or ancillary, collateral, incidental and like Services contracted by Associerge in good faith on your behalf will be automatically charged/debited.
"Due Date" is the date of purchase or completion of your Service request, and shall not include a grace period.
"Scheduled Payment" is a payment that has been scheduled through Associerge but has not begun processing.
Payment Scheduling: Invoices and charges for product/service purchases and/or ancillary, collateral, incidental and like Services contracted in good faith on your behalf are charged at the time of purchase or completion of your Service request. You hereby irrevocably agree to be solely responsible for payment of products or Services Associerge orders or procures on your behalf.
Payment Authorization And Payment Remittance: You hereby authorize Associerge to pay the invoice(s) it receives in connection with your Service requests and to make purchases using your Payment Account as requested by You.
When You submit a Service request, You authorize Associerge to charge/debit your Payment Account and remit funds to Vendors and Service Providers on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date. Associerge shall incur no liability if Associerge is unable to complete any payments on your behalf because of the existence of any one or more of the following circumstances:
If, through no fault of Associerge, your Payment Account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit of your account;
You have not provided Associerge with the correct Payment Account information or,
Circumstances beyond control of Associerge (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction.
Payment Methods: The method in which Associerge remits funds on your behalf to a Vendors and Service Providers shall be those set forth by You in your Payment Profile or such other method You may request from time to time. These payment methods may include, but may not be limited to, major credit cards and e-checks.
Payment Cancellation Requests: You may cancel or edit any Service request and associated Scheduled Payment (including recurring payments) provided (i) the Service request has not been performed, in whole or in part, and (ii) if such cancellation is not contrary to any other cancellation policy described in these Term and Conditions of Use. There is no charge for canceling or editing a Scheduled Payment where such cancellation or editing is permitted by these Term and Conditions of Use of Use. Once Associerge has begun processing a payment, however, it cannot be cancelled or edited, and You hereby inrevocably agree that You will not chargeback, stop payment or otherwise deny or fail to timely honor in full such payment.
Accuracy and Dispute of Vendor and Service Provider Invoices and Charges: Associerge is not responsible for the accuracy of invoices or charges to your Payment Account. Associerge is only responsible for presenting the information we receive from Vendors and Service Providers. Any discrepancies or disputes regarding the accuracy of such information must be addressed with the Vendor and Service Provider directly. Associerge provides this service for purposes of convenience and as a courtesy only.
No Agency: Vendors and Service Providers engaged to fulfill your service requests through Associerge are independent contractors of Associerge, and nothing in such relationships shall be construed to create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship.
No Duty: By use of Associerge Membership, Services and the Site, You acknowledge and agree that Associerge is not acting as an agent or advisor for any Vendor or Service Provider identified through Associerge. Associerge takes reasonable efforts to screen Vendors and Service Providers for participation in Associerge, but makes no representations, warranties or guaranties regarding any Vendor and Service Provider. Therefore, it is your sole responsibility to conduct your own evaluation of each Vendor and Service Provider, and to select a Vendor and Service Provider that suits your needs. You undertake the engagement of Vendors and Service Providers at your own risk. You may elect to consult with expert advisors of your choosing to assist in evaluating aspects of your service request, including, but not limited to, an attorney of your choosing regarding contracts, permits, and other issues, a tax advisor, and an insurance professional regarding risk analysis and coverage. Associerge does not: (i) endorse or recommend any specific Vendor and Service Provider; (ii) provide advice on selection of any Vendor and Service Provider; (iii) warrant or guarantee the quality of any of the work a Vendor and Service Provider provides to an Associerge Member; and (iv) make any representations or warranties regarding the qualifications of a Vendor and Service Provider for any Service request. By use of Associerge Membership, Services and the Site, You acknowledge and agree that Associerge is not acting as an agent or advisor for any Vendor and Service Provider or other product or service provider introduced to You through Associerge or the Site. Associerge makes no representations, warranties or guaranties regarding any Vendor and Service Provider or other product or service provider. Associerge expressly denies the existence of, and disclaims any duty, obligation or liability regarding any action or inaction of a Vendor and Service Provider or other product or service provider. Associerge does not contract with the Vendor and Service Provider for any product or service. This Agreement does not alter your liability or obligations that exist between You and a Vendor and Service Provider.
Errors And Questions: In case of errors or questions about charges/debits to your Payment Account, You should, as soon as possible, notify Associerge at the telephone number listed on the Site. If You think any charge/debit to your Payment Account is incorrect, or You need more information about a service request transaction listed on an invoice or other statement, Associerge must hear from You in writing no later than seven (7) days after the FIRST statement was sent to You on which the problem or error appears. You must:
• Tell us your name and Associerge Member ID;
• Describe the error or the transaction in question, and explain as clearly as possible why You believe it is an error, or why You need more information; and,
• Tell us the dollar amount of the suspected error.
You may not tell us verbally. Associerge requires that You send your enquiry in writing no later than seven (7) days after the FIRST statement was sent to You on which the problem or error appears. Associerge will tell You the results of our investigation within ten (10) Business Days after we hear from You, and will correct any error promptly. However, if we require more time to confirm the nature of your enquiry, we reserve the right to take up to forty-five (45) days to complete our investigation. If it is determined there was no error, Associerge will mail You a written explanation within three (3) Business Days after completion of its investigation.
Failed Or Returned Transactions: In using Associerge Membership, Services and the Site, You are requesting Associerge to make payments for You from your Payment Account solely as a courtesy for purposes of your convenience. If we are unable to complete the transaction for any reason associated with your Payment Account, the transaction may not be completed.
Upon expiration or earlier termination of your Associerge Membership, any payment(s) Associerge has already processed before the requested cancellation date will be completed by Associerge. All Scheduled Payments, including recurring payments, will not be processed once your Membership is cancelled. Associerge may terminate or suspend Service to You at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Comments? Kudos? Questions?
All comments, feedback, questions, kudos or other submissions (“Submissions”) submitted or offered by You to Associerge in connection with use of Associerge Membership, Services and the Site are the exclusive property of Associerge. Associerge may use such Submissions in any medium and for any purpose, now or hereafter known or devised, worldwide and in perpetuity without first obtaining your specific consent. You hereby understand, acknowledge and agree that the act of completing your Associerge Membership registration and/or using Associerge Membership Services and the Site constitutes your express consent to such use. Associerge is under no obligation to use your Submission or your name in confidence, to compensate You for use of a Submission, or to respond to your comments. You hereby agree that You are solely responsible for the content of any Submission You make.
Unauthorized Users/Children Under the Age of Majority
Associerge cannot prevent minors from using Associerge Membership, Services and the Site, nor can Associerge prevent the unauthorized use of your Associerge Membership, Services and the Site where such unauthorized use arises from your failure to properly protect and safeguard your Associerge User Name, User ID, Password or Secret Question (“Associerge Membership Account Information”). You hereby acknowledge, understand and agree that You are solely responsible for the safe keeping of such information, and that any use of Associerge Membership, Services and the Site wherein your Associerge Membership Account Information is entered or otherwise used to gain access to your Associerge Membership, Services and the Site shall be deemed to be expressly and irrevocably authorized by You even if such use was not so authorized. You hereby irrevocably agree to be solely responsible for the payment of all goods or Services that Associerge orders or procures in reliance on your Associerge Membership Account Information used to access, request and otherwise order such goods and/or Services, together with all fees associated therewith. If You believe that your Associerge Membership Account Information to access your Associerge Membership has been lost or stolen, or that someone may attempt to use your Associerge Membership without your consent, You must notify Associerge at once by writing to us. You may not tell us verbally.
Third Party Content
Associerge may distribute content supplied by third parties over which it has no editorial control. Any opinions, advise, statements, Services, offers or other content that is expressed or made available by third parties, including providers of information accessed by Associerge and its Members, are those of the respective authors or distributors and not of Associerge, its affiliates or any of its officers, directors, employees or agents. Neither Associerge nor its affiliates, nor any of its officers, directors, employees, agents, or any third party, including Vendors and Service Providers and Associerge Members, guarantee the accuracy, completeness or usefulness of any content, or its merchantability or fitness for any particular purpose. Associerge does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site. You hereby acknowledge, understand and agree that under no circumstances shall Associerge, its affiliates, or any of its officers, directors, employees or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Site and Associerge.
Le Epicier/Personal Grocery Shopping Services Term and Conditions of Use
You will be charged the prices quoted for Products You have selected for purchase at the time You submit your order. If pricing for Products You have ordered changes after You place your order but before your order is shown as "CLOSED" in your order history, You may cancel your order for the Products and place a new order for the Products. It is your responsibility to promptly notify your bank of any changes to your billing information, or of any loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information. Notwithstanding any other statements or these bullet points, the Term and Conditions of Use are the agreement between You and Associerge. By submitting each order, You confirm and affirm that You have read, understood and agree to the Term and Conditions of Use and such other terms contained on the form in which they appear at the time the order is submitted.
1. Offer and acceptance. By submitting a completed order form, You offer to purchase, on and pursuant to these Term and Conditions of Use and the order form, the groceries and other items (collectively, "Product") You select and submit to Associerge under ‘Le Epicier’ signature personal grocery shopping service ("Le Epicier") for purchase via the order form. Your offer may be accepted by Associerge by sending You an electronic confirmation that your order has been received and accepted. It shall be in Associerge’s discretion to accept or reject your offer. If Associerge accepts your offer, these Term and Conditions of Use and the order form collectively constitute a legal agreement between Associerge and You governing your purchase of the Product from Associerge through the personal grocery shopping service.
2. Responsibilities. If Associerge accepts your order, Associerge shall, in return for your payment, provide the Product which You order through the personal grocery shopping service. The Product shall be delivered to You by a Vendor and Service Provider or their representative at the delivery address You designate. Your payment for the Product and delivery, including sales taxes and assessments, is due upon completion of your order. The Vendor and Service Provider will charge the payment to the Payment Account which You submit to Associerge. You authorize Associerge to authorize the Vendor and Service Provider to make and collect such charge, and agree to make payment to such Vendor and Service Provider. The total amounts You shall pay for the Product per each order shall be the sums of the respective prices for the items You select and submit via the order form, plus all applicable sales taxes and delivery charges, as reported to You as the "TOTAL" in the order form.
3. Product Pricing and Delivery Charges. You will be charged the prices quoted for Products You have selected for purchase at the time You submit your order. If pricing for Products You have ordered changes after You place your order and your order is not yet shown as "CLOSED" in the order history page available to You, You may cancel your order for the Products and place a new order for the Products. If You find a pricing change, You may check the status of your order. If the order is not shown as "CLOSED", You must cancel your order and place a new order to receive the changed pricing. If You do not cancel your order in such instance, your order will be filled and You will be charged the pricing shown at the time You submitted the order.) Delivery charges may also change from time to time, however; You will be charged the delivery charges quoted at the time You submit your order.
4.Communications. Associerge shall conclusively presume that communications received from You through your use of the phone communications, online or electronic order form and registration process are accurate, complete, and authorized by You as received by Associerge. You agree not to contest the validity and binding legal effect of those communications.
5. Shopper registration. You agree to complete the initial registration process according to Vendor and Service Provider requirements, and to provide Associerge and Vendor and Service Provider with accurate, complete and updated information as required for the initial registration process, including, but not limited to, your legal name, billing and delivery addresses, and telephone number. You must provide Associerge with an accurate and complete Payment Account information at the time of submitting your purchase order. You represent and warrant to Associerge that your use of any credit card is authorized and legal.
6. Shopper information changes. It is your responsibility to promptly notify your bank of any changes to your billing information or loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information, as applicable.
7. Delivery. Vendor and Service Providers or their representative shall deliver the Products to You at a single delivery location You designate that is within the delivery zone authorized by such Vendor and Service Providers.
8. Substitution Policy. Although Associerge believes that the grocery store Vendor and Service Providers chosen by it in its sole discretion to fill all Product orders will have sufficient inventory to fill your orders, it is possible that certain Products may be unavailable, from time to time. In the event an item You have ordered is temporarily unavailable, Associerge or the Vendor and Service Provider will attempt to notify You and will fill the remainder of your order.
9. Product Information. Associerge is not responsible for any inaccuracy or misstatement of nutritional and other Product information. You should read the Product information upon delivery or contact the product manufacturer.
10. Disclaimer of warranty. Associerge’s personal grocery shopping Services are provided on an "AS IS", "AS AVAILABLE" basis, and Associerge does not provide any assurances of the availability or usability by You of the personal grocery shopping Services. Associerge makes no representations or warranties, whatsoever, as to the substance, or the accuracy or sufficiency thereof, of any Product information listed on any media. Associerge MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD, THE ONLINE SHOPPING SERVICES, DELIVERIES, OR OTHERWISE.
11. Taxes. If You become aware of any unpaid sales taxes or other amounts with respect to any purchases, You must expeditiously report this to Associerge and You must timely pay such taxes or amounts.
12. Associerge’s Right to Refuse Service. Associerge, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason.
No Product Warranties
Products, merchandise and information available through Associerge are provided through third parties on an "as available" basis without warranties of any kind, either expressed or implied, including implied warranties of merchantability or fitness for a particular purpose. Associerge makes no warranty or guarantee in connection with acceptance by Associerge of your requests, including, without limitation, providing You with the lowest available price for goods and Services, accurate content, information or advice, or merchandise provided through Associerge Membership and Services. Associerge comments and recommendations presented on the Site, in person, in writing, by phone or any other method are based on research and opinions collected by Associerge, and are subject to change at any time. You hereby irrevocably agree that the use of Associerge Membership Services and the Site is at your sole risk.
Use of Name and Logo
your use of Associerge Membership, Services and the Site constitutes your express irrevocable approval that Associerge may refer publicly to You as a member or customer, and in connection therewith, Associerge shall have the absolute, irrevocable right to include your name and logo in its web site, customer lists and conventional marketing and public relations materials
Restrictions on Use/Copyright Notice
All pages within the Site are the property of Conciant LLC and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Conciant LLC. You may not, and these Term and Conditions of Use do not give You permission to, reproduce, reverse engineer, de compile, disassemble, modify or create derivative works with respect to the Site. Content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its contents. Any rights not expressly granted by these Term and Conditions of Use or any applicable end user license agreements are expressly reserved by Conciant LLC.
Disclosure of Associerge Membership Account Information to Third Parties
Associerge values You as a customer and the right to privacy. Except as may be otherwise required by law, Associerge (i) will exercise commercially reasonable efforts to ensure that your credit card information remains confidential and is available only to personnel who have a need to know such information in connection with providing You with Services or otherwise for Associerge’s general business purposes and (ii) will not sell your name, address or similar personal information to third parties or permit the use of such information outside the scope of the Associerge Services or Associerge general business purposes. Associerge may, and reserves the right to, use and disclose internally within Associerge and to third party Vendor and Service Providers and their representatives who have a business reason to know any aggregated information, including information You provide to Associerge, regarding Associerge customers and usage Services, for any purpose. It is our general policy to treat your Payment Account Information as confidential. However, we will disclose information to third parties about your Payment Account Information in the following situations:
• Where it is necessary for completing transactions, including but not limited to, payment of invoices and purchases made for You or on your behalf or otherwise at your direction;
• In order to comply with a governmental agency or court orders;
• To defend/enforce these Term and Conditions of Use or,
• If You give us written permission.
Confidentiality Notice
© 2010 Conciant LLC
No part of this publication may be reproduced in whole or in part by any means (including photocopying or storage in an information storage/retrieval system) or transmitted in any form or by any means without the prior written consent of Associerge.
Trademark Notice
Associerge, Conciant and Urbanity are trademarks or registered trademarks of their respective owners. T. Rowe Price is a trademark of T. Rowe Price Group, Inc. Bellagi is a trademark of Bellagio Corporation. Reeses Piece is a trademark of The Hershey Company. Absolut is a trademark of V&S Vin & Sprit Aktiebolag Corporation. Disney is a trademark of Disney Enterprises, Inc. Botox is a trademark of Allergan, Inc.
Termination of Use
Associerge reserves the right to restrict, suspend or terminate your access to all or part of Associerge Membership, Services and the Site without notice for conduct that Associerge suspects is unlawful or harmful to any third person or entity, for delinquent or non-payment of fees associated with Associerge Membership and for any other breach by You of these Term and Conditions of Use
Choice of Law | Jurisdictional Statement
Associerge and You hereby understand, acknowledge and agree that any and all disputes or claims arising from or relating to these Terms and Conditions of Use, your Associerge Membership, Services and the Site shall be brought, filed and litigated in and only in a state court of competent jurisdiction and venue over actions commenced within the State of California, County of Los Angeles applying the laws of the State of California without regard to conflict of law principles. To the extent that the parties may presently or hereafter be entitled to challenge personal jurisdiction, the parties hereby waive their right to raise such defense and consent to the personal jurisdiction of such courts.
Indemnification
You agree to indemnify, defend and hold Associerge harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Associerge Membership, Services and the Site; your decision to purchase products or Services; the breach by You of any provision of these Term and Conditions of Use and/or any intentional wrongdoing by You. Associerge will make every reasonable attempt to (a) promptly notify You in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperate with You in the defense or settlement thereof; and (c) allow You to reasonably control such defense or settlement provided that Associerge shall be entitled to advanced written approval of selection and engagement of legal counsel engaged to defend any claim and participation in such defense at your sole cost and expense.
No Waiver
Associerge shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Associerge. No delay or omission on the part of Associerge in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
No Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of these Term and Conditions of Use.
Changes to Terms and Conditions of Use
In its sole discretion, Associerge may modify these Term and Conditions of Use and such modification shall be of full force and effect immediately upon the posting of any such revised version on the Site.
Terms and Conditions of Use Govern | Entire Agreement
These Term and Conditions of Use, as amended from time to time, constitute the entire agreement between Associerge and You pertaining to the subject matter hereof. In its sole discretion, Associerge may modify these Term and Conditions of Use and such modification shall be of full force and effect immediately upon the posting of any such revised version on the Site.
|
|
