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Terms & Conditions

Acceptance of Terms


By using the XYZ Shopping Cart in any way you agree to these terms. These Terms of Use ("TOU") are a contract between you and XYZ Shopping Cart and its parents, successors, subsidiaries and affiliates. You agree that this electronic version of these terms has the same force and effect as an agreement in writing. If you cannot or will not follow the provisions in the TOU, you agree not to use the XYZ Shopping Cart.XYZ Shopping Cart has not been customized for use in any specific territory and, therefore, we do not ensure or assume the responsibility that the XYZ Shopping Cart complies with applicable local laws and regulations in any specific country or jurisdiction, or any territory in which you elect to use the XYZ Shopping Cart. You are solely responsible for compliance with local laws that may be applicable to your use of the XYZ Shopping Cart.We may modify the TOU at any time without notice. If you do not agree to any changes, you sole remedy is to stop using the XYZ Shopping Cart. Your use of the XYZ Shopping Cart after the effective date of any changes will constitute your agreement to the changes.


Your Responsibilities When Using the XYZ Shopping Cart


You are responsible for your own activities when using the XYZ Shopping Cart. You will not disrupt the functioning of the XYZ Shopping Cart or otherwise act in a way that interferes with other users' use of the XYZ Shopping Cart or harms others. You will follow all applicable laws and regulations, and will follow this TOU. You will not participate in, facilitate or further illegal activities.


You are solely responsible for the content you upload, transfer, send, mail, forward, post or otherwise provide to us (collectively referred to as "post" in this TOU) and the consequences of sharing or publishing such content with others or the general public. This includes any personal information you choose to submit or share using the XYZ Shopping Cart. YOU ACKNOWLEDGE AND AGREE THAT XYZ Shopping Cart IS NOT RESPONSIBLE FOR ANY CONTACT, INTERACTION, LOSS OF PRIVACY, AND ANY OTHER CONSEQUENCES THAT OCCUR BETWEEN YOU AND ANY OTHER USER OF THE XYZ Shopping Cart OR THE PUBLIC AND THAT THE ENTIRE RISK FALLS ON YOU.


In addition to these terms, if you submit a site for possible inclusion in the XYZ Shopping Cart, you agree to comply with and be bound by the XYZ Shopping Cart Submission Policies.


Discretion Over Content, Use, And Operation of The XYZ Shopping Cart


We may edit, move, or delete any content on the XYZ Shopping Cart (including content that you have provided) or terminate all or part of the XYZ Shopping Cart without notice or liability for any reason at our sole discretion. You acknowledge that XYZ Shopping Cart staff, together with its editors, have unfettered editorial discretion to determine the structure and content of the XYZ Shopping Cart and that, because a site's placement in the directory is subject to change or deletion at any time, you may not rely on any aspect of a site's inclusion in the directory. You agree to waive any claim related to the inclusion, placement, exclusion, or removal of any site in the XYZ Shopping Cart or to the title or description of any site appearing in the XYZ Shopping Cart.


We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content on the XYZ Shopping Cart originating with or otherwise provided by third parties.


We may preserve or disclose information about users, including those who submit sites for possible inclusion in the XYZ Shopping Cart, if required to do so by law or in the good faith belief that doing so is necessary to (a) comply with legal process; (b) enforce these terms; (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of XYZ Shopping Cart, its users, or the public; or (e) administer the XYZ Shopping Cart.


Links to Third-Party Sites


We provide links to other internet sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for any aspects of those sites, including their availability, content, accuracy, legality or delivery of services. You waive any claim resulting from your exposure to material on or through the XYZ Shopping Cart that is offensive, indecent, or otherwise objectionable.


Indemnification


Upon request by us, you will indemnify XYZ Shopping Cart, and its subsidiaries, affiliates, officers, agents, suppliers and employees from all liabilities, claims and expenses, including reasonable attorneys' fees, that arise from a breach of this TOU for which you are responsible or from the user of or conduct on the XYZ Shopping Cart. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for us in that matter.


Disclaimer / Limitation of Liability


WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH XYZ Shopping Cart, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE XYZ Shopping Cart ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN RISK, AND XYZ Shopping Cart, ITS AFFILIATES, EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


Copyright Assignment


(Note: If you are only submitting an URL(s) to be included in the directory, this copyright assignment only applies to the site description that you want included in the XYZ Shopping Cart, but doesn't extend to the actual web site or its content).


To enable us to take appropriate action in the event of infringements by third parties, and in consideration for the opportunity to use and participate in the XYZ Shopping Cart, you hereby assign to XYZ Shopping Cart the copyright in any material (whether site descriptions, directory organization, or otherwise) that you create and submit for inclusion or use in the XYZ Shopping Cart. XYZ Shopping Cart hereby licenses back to you a nonexclusive, royalty-free right to use any such material. You further warrant that you have all rights necessary to authorize the distribution and re-distribution of any material you submit for inclusion or use in the XYZ Shopping Cart. You will provide information that we reasonably request related to any claim that material you submit infringes the rights of a third party.


Proprietary Rights


The content on the XYZ Shopping Cart and its design, structure, and compilation are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. It is very easy to copy things in cyberspace, but not necessarily always acceptable or legal. Unless otherwise noted, you may view, copy, download, and print documents from the XYZ Shopping Cart so long as you use them only for personal, non-commercial purposes and do not post, distribute, or modify them or remove any copyright, trademark, or other proprietary notices. For permission to use third-party materials appearing on or linked from the XYZ Shopping Cart, please contact the copyright owner.


Claims of Copyright Infringement


We respect the intellectual property rights of others and reserve the right to terminate any user's access to the XYZ Shopping Cart if we are notified that such user's activities infringe the rights of third parties. If you believe that your work has been copied and is accessible on the XYZ Shopping Cart in a way that constitutes copyright infringement, please contact us.


General Terms


This Agreement constitutes the entire agreement between you and XYZ Shopping Cart and governs your use of the XYZ Shopping Cart, superseding any prior agreements. You represent and warrant to us that you have the legal capacity to enter into this Agreement with XYZ Shopping Cart. Additional or different terms and conditions may apply when you use affiliated websites, third-party content, or third-party software. Our failure to enforce any right under this Agreement will not waive that right. If any provision of this Agreement is invalid, the Agreement should be interpreted to effect the intent of the parties, and the remaining provisions will remain in effect. You must file any claim or suit related to the XYZ Shopping Cart within one year after it arises. The section titles in this Agreement are for convenience only and have no substantive effect.

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