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TERMS OF SERVICE (OTHERWISE KNOWN AS TOS
OR SERVICE)
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THE MATERIALS AND VIDEOS
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Some videos are for Mature Audiences Only. Information, articles, Press Releases, videos, and links are
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LINKS
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and Times Publishing, LLC may also in its sole discretion and at any
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PROPRIETARY RIGHTS
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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.
WHOLESALEJOURNAL.COM AND TIMES
PUBLISHING, 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. |
WHOLESALEJOURNAL.COM
AND TIMES PUBLISHING, LLC MAKE NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE 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 SERVICE
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. |
| d. |
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
WHOLESALEJOURNAL.COM AND TIMES PUBLISHING, LLC OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS. |
LIMITATION OF
LIABILITY
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AND AGREE THAT WHOLESALEJOURNAL.COM AND TIMES PUBLISHING, LLC SHALL
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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 SERVICE; (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 SERVICE.
Arbitration; location
Any dispute you may have with
WholesaleJournal.com
and Times Publishing, LLC, or any of its officers, directors, employees,
consultants, agents, subsidiaries or affiliates relating in any way to
this agreement or your visit to or use of
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shall be submitted to confidential arbitration, except that, to the
extent that we believe that you have in any manner violated or
threatened to violate our intellectual property rights, we may seek
injunctive or other appropriate relief in any state or federal court in
Connecticut, and you consent to exclusive jurisdiction and venue in any
such court, and you waive any claim of inconvenient forum or similar
claim. Arbitration under this Agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding, and may be entered as a judgment in
any court of competent jurisdiction. To the fullest extent permitted by
applicable law, unless otherwise elected by us, no arbitration under
this agreement shall be joined to any arbitration involving any other
party, whether through class arbitration proceedings or otherwise.
NOTICES
Notices to you may be
made via either email or regular mail, or WholesaleJournal.com and Times
Publishing, LLC or we may provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally on
the Service.
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