1.
DESCRIPTION OF SERVICE
By entering
your email or signing up for an account with SEONITRO.COM BY Dori Friend / SEONitro, LLC
(the Site) you agree to be bound by the most current
version of these Terms of Use. The site may modify or change
these Terms of Use at any time. You are responsible for continual
monitoring of these Terms of Use for any changes or modifications.
SEONITRO.COM BY Dori Friend / SEONitro, LLC lets users have access to various third-party
websites, branded content, and sweepstakes
and prize offers through its network of third-party
websites or databases (the "Site"). You also understand
and agree that the Site may include advertisements and these
advertisements are necessary for SEONITRO.COM BY Dori Friend / SEONitro, LLC to
provide the Site. You also understand and agree that the service
may include certain communications from SEONITRO.COM BY Dori Friend / SEONitro, LLC, such
as third-party advertisements and offers, and that
these advertisements and offers are necessary for
SEONITRO.COM BY Dori Friend / SEONitro, LLC
membership and you will not be able to opt out
of receiving them unless you unsubscribe. This Terms of Use
document shall cover any future additions to the Site or to
SEONITRO.COM BY Dori Friend / SEONitro, LLC website. You are responsible
for storing all of your access information for the Site. You
are responsible for all costs to access the Site, which include
but are not limited to Internet connection fees, your personal
computer, and telephone costs.
These Terms and Conditions, in connection with the other obligations
and rules detailed in writing on the Site, constitute the entire
agreement between you and the Site and cannot be modified by
you. These Terms and Conditions cannot be modified on an individual
basis by any person affiliated, or claiming affiliation, with
the Site. Nothing in this subsection will prevent the Site from
modifying the terms of these Terms and Conditions and posting
such modifications on the Site.
If any portion of these Terms and Conditions is deemed void
or unenforceable, then that provision shall be deemed severable
from these Terms and Conditions and shall not affect the validity
and enforceability of the remaining provisions.
2.
CONDITIONS AND OBLIGATIONS
Eligibility (United States)
To open
an account and/or participate in this Product or Site, you
must:
a) be
a natural person, at least 18 years old, who is assigned to
the e-mail address submitted on your account registration
form;
b) be
physically located within the U.S.; and
c) be
physically located in a U.S. state in which purchasing or
using this Product is unrestricted by law.
VOID
WHERE PROHIBITED OR RESTRICTED BY LAW.
2.1b
Eligibility (Non-U.S.)
a) be a natural person, at least 18 years old, who is assigned
to the e-mail address submitted on your account registration
form. If you are a U.S. resident, make sure you are not from
one of the restricted states. VOID WHERE PROHIBITED OR RESTRICTED
BY LAW.
You are
subject to all laws of the state, province and/or country
in which you reside and from which you access the Site and
are solely responsible for obeying those laws. You agree the
Site cannot be held liable if laws applicable to you restrict
or prohibit your participation. The Site makes no representations
or warranties, implicit or explicit, as to your legal right
to participate in any tournament offered on the Site nor shall
any person affiliated, or claiming affiliation, with the Site
have authority to make any such representations or warranties.
The Site
reserves the right to monitor the location from which you
access the Site and to block access from any jurisdiction
other than the U.S., or any jurisdiction in which participation
is illegal or restricted.
2.3
Acknowledgment of Proprietary Rights
By registering
for to become a member/or entering your email on the Site,
you acknowledge that all information contained on the Site
may be protected, in all forms and media, by one or more valid
copyrights, patents, trademarks, trade secrets, or other proprietary
rights, and that all such rights are owned by the Site. You
may not modify, publish, participate in the transfer or sale
of, create derivative works from, or in any way exploit this
information, except that you may download one copy for your
personal, non-commercial home use only, provided you keep
intact all copyright and other proprietary notices. The Site
neither warrants nor represents that your use of materials
displayed on the Site will not infringe rights of third parties.
While the Site uses reasonable efforts to include accurate
and up-to-date information, the Site makes no warranties or
representations as to its accuracy. The Site assumes no liability
or responsibility for any errors or omissions in the content
of the Site.
Any communication
or material you transmit to the Site by electronic mail or
otherwise, including any data, questions, comments, suggestions,
or the like, is and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used
by the Site or its affiliates for any purpose, including,
but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, the Site
is free to use any ideas, concepts, know-how or techniques
contained in any communication you send to Site for any purpose
whatsoever including, but not limited to, developing, manufacturing
and marketing products using such information, without any
additional compensation to you.
You also agree to provide accurate and true information about
yourself to the Site. You understand that you must continue
to provide current and updated information that is complete
and accurate over the course of time. If you provide inaccurate
or incomplete information about yourself SEONITRO.COM BY Dori Friend / SEONitro, LLC
has the right to terminate or suspend your account and may refuse
to provide you service in the future without reason.
3.
Registration Obligations
The trademarks,
logos, and service marks (collectively the “Trademarks”)
displayed on the Site, including the names of all games and
puzzles, are registered and unregistered Trademarks of the
Site and/or others. Nothing contained on the Site should be
construed as granting, by implication, estoppel or otherwise,
any license or right to use any Trademark displayed on the
Site without the written permission of the Site or such third
party that owns the Trademark displayed on the Site. Your
misuse of any Trademark displayed on the Site, or any other
content on the Site, except as provided in these Terms and
Conditions, is strictly prohibited. You are also advised that
the Site will aggressively enforce its intellectual property
rights to the fullest extent of the law, including the seeking
of criminal prosecution where appropriate.
These
Terms and Conditions will be governed and construed in accordance
with the laws of the State of Florida, irrespective of any
principles of conflicts of law.
By registering for an account on the Site, you agree that any
dispute that cannot be resolved between the parties shall be
resolved individually, without resort to any form of class action.
You further agree that any legal action arising from any dispute
shall proceed only in the state or federal courts located in
the state of Florida, and you hereby submit to personal jurisdiction
and venue in such courts for the purposes of litigating any
such action.
SECTION
TWO -
4.
Promotional Activities
By registering for an account, you agree that the Site may display
your name. By accepting any prize from the Site, you agree to
allow the Site to print, publish, broadcast and use, worldwide,
in any media and at any time, your name, picture, voice, likeness,
and/or biographical information for promotional purposes without
additional compensation.
If you send comments or suggestions, including, but not limited
to, notes, text, drawings, or computer programs, to the Site,
such submissions shall become, and shall remain, the sole property
of the Site. No submission shall be subject to any obligation
of confidence on the part of the Site. The Site shall exclusively
own all rights to, and shall be entitled to unrestricted use
of, all such submissions without compensation to you.
4.3
Accuracy of Information
You represent and warrant that all information you supply to
the Site is complete and accurate. Knowingly submitting incomplete
or inaccurate information will result in immediate termination
of your account and forfeiture of any prizes to which you are
otherwise entitled.
The Site will not intentionally disclose any personally identifying
information about you (including information submitted on the
application form, your social security number, your e-mail address,
information obtained by the Site from cookies, and information
regarding your IP address) to third parties without your consent
except where the Site, in good faith, believes such disclosure
is necessary to comply with the law or to enforce these Terms
and Conditions or other rules of the Site. Your acceptance of
any prize from the Site constitutes consent for the Site’s
disclosure of personal information as described in Section 2.5.
The Site reserves the right to collect general demographic and
other market information that does not personally identify you
to any person without additional consent.
The Site is vigorously against the practice commonly referred
to as “Spam”. Users who are reported and whose claims
of “Spam” are validated by the Site, will have their
respective accounts either immediately TERMINATED or SUSPENDED,
at the sole discretion of the Site. The Site defines “Spam”
as:
-
Electronic mail messages addressed to a recipient with whom
the initiator does not have an existing business or personal
relationship or is not sent at the request of, or with the
express consent of, the recipient;
-
Messages posted to Usenet and message boards that are off-topic
(unrelated to the topic of discussion), cross-posted to
unrelated newsgroups, or posted in excessive volume;
-
Solicitations posted to chat rooms, or to groups or individuals
via Internet Relay Chat or “Instant Messaging”
system (such as ICQ);
SECTION
THREE - LIMITATION ON LIABILITY
5.
General Disclaimer
BY REGISTERING
FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY TOURNAMENT, GAME,
OR SWEEPSTAKES THROUGH THE SITE, YOU AGREE THAT THE SITE IS
NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING
FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE.
YOU FURTHER AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE,
LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM
THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
YOU AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE TO YOUR
PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA,
OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE
OF THE SITE.
The Site
also assumes no responsibility, and shall not be liable for,
any damages to, or viruses that may infect, your computer
equipment or other property on account of your access to,
use of, or browsing in the Site or your downloading of any
materials, data, text, images, video or audio from the Site.
ALL
GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED “AS
IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON
AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY
TO EXTEND SUCH WARRANTIES.
You agree
that the Site is not liable for any loss caused by any unauthorized
use of your credit card or other method of payment by a third
party in connection with the Site.
Any attempt
to defraud the Site through the use of credit cards or other
methods of payment, regardless of the outcome, or any failure
by you to honor legitimate charges or requests for payment
will result in immediate termination of your account, forfeiture
of any prizes to which you are otherwise entitled, and civil
and/or criminal prosecution.
5.4
Hacking, Tampering, or Unauthorized Access
By registering
for an account and/or participating in any tournament offered
on the Site, you agree that the Site is not responsible for
any damage, loss, or injury resulting from hacking, tampering,
or other unauthorized access or use of the Site or your account.
Any attempt
to gain unauthorized access to the Site’s systems or
any account, interfere with procedures or performance of the
Site, or deliberately damage or undermine the Site is subject
to civil and/or criminal prosecution and will result in immediate
termination of your account and forfeiture of any prizes to
which you are otherwise entitled.
Any attempt to participate in any tournament offered on the
Site by means of automatic, macro, programmed, or similar methods,
or to otherwise commit fraud with regard to the Site, will result
in civil and/or criminal prosecution, termination of your account,
and forfeiture of all prizes to which your are otherwise entitled.
5.5
Accounts for Individual Use Only
You,
as the holder of your account, are solely responsible for all
obligations and (assuming compliance with all other Terms and
Conditions of the Site) entitled to all benefits accruing thereto.
You may not allow any other person to access your account, or
access the Site using your account information. Your account
is not transferable to any other person. By registering and/or
participating in any tournament offered on the Site, you agree
to indemnify, defend, and hold the Site harmless from or for
any claims, liability, damages, and/or costs (including attorneys'
fees) arising from any use of your account by any person.
The
Site reserves the right to terminate your account at any time
with out reason or cause.
5.7
Cancellations – Information Regarding Refunds
We believe that everyone will enjoy our products and find personal success. However, if you would like a refund please contact us using one of the
methods above. Refunds work as follows:
- If you have not filled out the forms after purchase, please contact us within 30-days of purchase and you will be issued a full refund.
- If you have filled out the forms but your site(s) have not been acquired and moved to the development phase, please contact us within 30-days of purchase and you will be issued a full refund.
- If you have filled out the forms and your site(s) have already started to be developed and personalized, please contact us within 30-days of purchase and you will qualify for a partial refund (2/3).
Here is the contact information:
SEONitro, LLC
15466 Los Gatos Blvd #109-134
Los Gatos, CA 95032
support @ seonitro.com (note to customer: please remove spaces before e-mailing)
6.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You
will be given a user name and password when you register for
an account. You are solely responsible for maintaining the confidentiality
of your account and password. You are responsible for all actions
that occur under your account. You understand that you must
notify SEONITRO.COM BY Dori Friend / SEONitro, LLC if any unauthorized access
or use of your password or account within 24-hours from time
of discovery. SEONITRO.COM BY Dori Friend / SEONitro, LLC is not liable for
any loss, damage, or illegal activity that occurs from illegal
or unauthorized use of your account.
You
agree to indemnify and hold SEONITRO.COM BY Dori Friend / SEONitro, LLC and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless
from any injury or claim you receive or through your actions
is brought against you by using, your connection with the Site
or your violation of the Terms of Use.
8.
MODIFICATIONS TO SERVICE
SEONITRO.COM BY Dori Friend / SEONitro, LLC reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently,
the Service or Product (or any part thereof) with or without
notice. You agree to not hold SEONITRO.COM BY Dori Friend / SEONitro, LLC liable
for any modifications, discontinuation, or termination of the
Site.
9.
THIRD-PARTY WEBSITES & LINKS
SEONITRO.COM BY Dori Friend / SEONitro, LLC may provide links to external websites
or resources on the Internet. SEONITRO.COM BY Dori Friend / SEONitro, LLC has
no control over these external websites or resources and you
agree that SEONITRO.COM BY Dori Friend / SEONitro, LLC is not responsible or
liable for availability, content, or products from any third-party
websites. You agree that SEONITRO.COM BY Dori Friend / SEONitro, LLC is not
responsible or liable for any damage or loss caused by your
use of any content, products, or services through these third-party
websites.
10.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SEONITRO.COM BY Dori Friend / SEONitro, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
b. SEONITRO.COM BY Dori Friend / SEONitro, LLC MAKES NO WARRANTY THAT (i) THE SITE
WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
c. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
11.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT SEONITRO.COM BY Dori Friend / SEONitro, LLC
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF SEONITRO.COM BY Dori Friend / SEONitro, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SITE.
12.
Waiver & Statue of Limitations
The failure
of SEONITRO.COM BY Dori Friend / SEONitro, LLC to
exercise or enforce any right or provision of the Terms of
Use shall not constitute a waiver of such right or provision.
Statute
of Limitations. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the Terms of Use
must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
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