Following are examples of other Website Disclosures that may be required for your business, however you should consult legal experts in your State of operation to determine exact content requirements.
Disclaimer
____________ disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed. ____________ disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. ____________ disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the ____________.
THE ____________, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE ____________ ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ____________ AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ____________ AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ____________. ____________ AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE ____________. ____________ AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ____________ OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE ____________, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE ____________.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE ____________ AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Privacy Policy
Within the Privacy Policy, the operator of this Web site ("Website") will be referred to as "Company", "we" or "us". We are committed to complete permission-based marketing, while safeguarding your privacy online. Please read our privacy policy ("Policy") to understand how your personal information will be treated as submitted on the Website. This Policy also applies to individuals who have agreed to receive e-mail marketing from the Company through opt-in or opt-out registration on another Website.
Where we collect your information
We collect information in several ways from different parts of the Website. From the visitors to our Website, we track domain, host, and/or Internet Protocol (IP) addresses. Some personally identifiable information is gathered when you register in part or in full for one of our many services or promotions.
Registration with the Website is required to participate in any promotions or sweepstakes at the Website. We may allow you to co-register (simultaneous registration with another third party Website and our Website) to participate in some of our services and promotions or those of third party Websites, as well. During registration, we may ask for information such as your name, mailing address, e-mail address, phone numbers and the like.
We may also ask you for personally identifiable information at other times, including when you report a problem with the Website. If you contact us, we may keep a record of that correspondence, as well. From time to time, the Company may ask users to complete surveys that we use for research or other purposes. We may also offer users the opportunity to utilize other resources, services, forms, or tools, from which we may also collect your personal information.
Cookies
As part of offering and providing customizable and personalized services, the Company may use cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer's hard drive. In addition, we may use pixel tags (also knows as clear gifs) to track some of the pages you visit on our website.
Generally, we use cookies to:
(1) Remind us of who you are and to access your registration preferences to deliver to you a better and more personalized service. Cookies enable us to retain our users preferences on the Website without having to re-enter information every time they access the Website.
(2) Estimate our audience size. Each browser accessing the Website is given a unique cookie which is then used to determine the extent of repeat usage and to help us communicate with you. This information collected by cookies is sometimes called "clickstream" or "click trail" and may also describe which pages you have seen.
(3) Measure certain traffic patterns, which areas of the Company web site you have visited, and your visiting patterns in the aggregate. We use this research to understand how our users' habits are similar or different from one another so that we can make each new experience on the Website a better one. We may use this information to better present the content that users will see on our site.
Use of personal information
By entering a sweepstakes or promotion, registering with our Website, completing any forms on our Website, or by checking or not unchecking co-registration boxes, you grant the Company the right to use the collected information for marketing purposes including, but not limited to, sharing such information with third party advertisers ("Advertisers"), e-mailing, or physically mailing Company or any third party offers to your e-mail address or postal address. We may also use such information to fulfill prizes, track compliance with the applicable sweepstakes or promotion rules, or for content improvement and feedback purposes. We may sell the personal information that you supply to us and we may join together with other businesses to bring selected retail or service opportunities to our user base. These businesses may include providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation. In addition, the Company reserves the right to release current or past user information in the event we believe that the Website is being or has been used in violation of any sweepstakes or promotion rules; to commit unlawful acts; if the information is subpoenaed; if the Company is sold or acquired; or when the Company deems it necessary or appropriate. By agreeing to these terms, you hereby consent to disclosure of any record or communication to any third party when the Company, in its sole discretion, determines the disclosure to be appropriate.
We may share Website usage information about our Website visitors who have received targeted promotional campaigns with Advertisers for the purpose of formatting future campaigns and upgrading visitor information used in reporting statistics.
The Company also reserves the right to provide aggregate or group data about our visitors and users for lawful purposes. Aggregate or group data is data that describes the demographics, usage, or characteristics of our participants as a group, without revealing any personally identifiable information. By subscribing to the Website, you agree to allow us to provide such data to third parties.
Credit card information
To the extent that credit card-specific information is collected at the Website and any of our affiliates and/or subsidiaries, said information will be kept in confidence and will not be shared with any third parties (other than consumer credit agencies) without your prior informed consent. Notwithstanding the foregoing, the Company and our affiliates and/or subsidiaries reserve the right to share with third parties the fact that they have credit card information on file for specific users but they will not share specific credit card information with third parties without the user's prior informed consent.
Security
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, the Company cannot ensure or warrant the security of any information you transmit to us. Once we receive your transmission, we will take reasonable efforts to ensure its security on our systems.
Please keep in mind that whenever you voluntarily disclose personal information anywhere online - for example on message boards, through e-mail, or in chat areas - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
Ultimately, you are solely responsible for maintaining your personal information. If you voluntarily disclose it other than in accordance with our policies, it will not be protected. Please be careful and responsible whenever you are online.
How to unsubscribe
Users may receive e-mail confirming their registration with the Website, co-registration with Advertisers and subsequent entries in our sweepstakes and games, as well as promotional marketing of products and services under other Company brands or from third parties. To unsubscribe from any Company or Advertiser's e-mail list, please visit the specific website for details on how to unsubscribe or follow unsubscribe instructions which should be included with any e-mail message sent.
Disclaimer
The Company does not endorse, nor is the Company responsible for the accuracy of or the Advertiser's compliance with, the privacy policies and/or terms and conditions of each of the Advertisers websites. The entities that advertise and/or place banner ads on the Website, including, but not limited to Advertisers, are independent third parties and not affiliated with the Company.
Unpermitted use
INDIVIDUALS UNDER 18 YEARS OF AGE ARE NOT ALLOWED TO PARTICIPATE IN ANY SWEEPSTAKE OR PROMOTION OFFERED ON OR THROUGH THIS WEBSITE. No information should be submitted to, or posted at this Website by visitors under 18 years of age. We encourage parents and guardians to spend time online with their children and to participate and monitor the activities of their children.
Changes In Terms and Conditions
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Acceptance of Policy
By accessing this Website and/or submitting any information to us, you agree to this policy. We reserve the right, at our discretion, to change, modify, add, or remove portions of this Policy at any time. All Policy changes will take effect immediately upon their posting on the Website. Therefore, you should check this page regularly to review the in effect Policy at that time. Your continued use of the Website or acceptance of our e-mails following the posting of changes to this Policy will mean that you accept these changes. If you do not agree to the terms of this Policy, please do not submit any personal information on this or any Company Websites.
Warranty Policy
Please be sure that this item will meet your needs before you bid, as all sales are considered final. We guarantee the item to be delivered as indicated in the listing. The condition of the packaging or the box that the item arrives in does not reflect our item description. We do not and cannot offer warranties on any products that we sell unless otherwise stated in the auction description. Sometimes boxes or packaging will have warranty information printed on it; that warranty information is not valid. Pamphlets or user guides within an item's box or packaging that offers or states a warranty is also not valid.
Limitation on Liability
Buyer agrees that ______________ and its employees’ liability hereunder for damages, regardless of the form of action, shall not exceed the auction sale value of the item purchased, including any liability for products not being available for use. This shall be bidder’s exclusive remedy and measure of damages.
The bidder further agrees that ______________ and its employees will not be liable for any lost profits, nor for any claim or demand against bidder by any other party.
No action, regardless of form, arising out of this agreement, may be brought by either party more than one week after the cause of action as accrued, except that an action for nonpayment may be brought within six months of the date of the end of auction.
______________ does not make any expressed or implied warranties, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose.
In no event shall ______________ or its employees be liable for special, incidental or consequential damages, including but not limited to, loss of anticipated income, loss resulting from a business disruption or disruption of services, or loss resulting from property damage, personal injury, or wrongful death, even if ______________ and its employees have been advised of the possibility of such damages.
Our sole liability for any claims, whether based in contract or tort, at law or in equity, for any loss or damages arising, resulting from, or connected with the products and this agreement shall be limited to the lesser of the actual amount of such loss or damages or the purchase price paid by customer for the products that are the subject of the claim.
By bidding on auctions posted by ______________ or direct purchase of products, you agree that you have read, fully understand, and agree to accept all of these policies as contractual agreement.
Legal Notice:
While all attempts have been made to verify information provided in this publication, neither the Author nor the Publisher assumes any responsibility for errors omissions, or contrary interpretation of the subject matter herein.
This publication is not intended for use as a source of legal or accounting advice. The Publisher wants to stress that the information contained herein maybe subject to varying state and/or local laws or regulations. All users are advised to retain competent counsel to determine what state and/or local laws or regulations may apply to the user's particular business.
The Purchaser or Reader of this publication assumes responsibility for the use of these materials and information. Adherence to all applicable laws and regulations, federal, state, and local, governing professional licensing, business practices, advertising, and all other aspects of doing business in the United States or any other jurisdiction is the sole responsibility of the Purchaser or Reader.
The Author and Publisher assume no responsibility or liability whatsoever on the behalf of any Purchaser or Reader of these materials.
Any perceived slights of specific people or organizations are unintentional.
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eBay and PayPal are registered trademarks of the eBay Corporation. Other product and company names mentioned in the Site may be the trademarks of their respective owners. eBay does not endorse, nor participate in the content, marketing or distribution of this website of its contents. Published and copyrighted in the United States, 2005-2006 by Scent of Success, Independence, MO 64057. All rights reserved under international copyright conventions. No part of this website (except hypertext html links and html examples) may be reproduced or utilized in any form, or by any means, electronic or mechanical, including photocopying, recording, or by any information media.