CODEREPLACEMENTS.COM TERMS OF USE AGREEMENT
Following are the terms of use for the CodeReplacements.com website
(the "Website"). The terms "we," "us," and "our" refer to the Website
and its owner. The term "you" and "your" refers to the those
accessing, using, and visiting this Website.
This Website is offered to you conditioned upon your acceptance of all
of the terms set forth here (the "Terms"). By accessing or using this
Website in any manner, you agree to be bound by the Terms. If you do
not accept all of the Terms, do not use this Website.
We reserve the right at any time and in our sole discretion to change
the Terms without prior notice. Your continued access or use of this
Website constitutes your acceptance of the revised Terms.
Copyright and Trademark Notice
The text, software, computer code, scripts, code replacement
extraction scripts, graphics, data, logos, and other content on and
made available through this Website, as well as the infrastructure we
use to provide such content, are protected by U.S. copyright law and
international treaties and may not be copied without our express
permission, for which we reserve all rights. Elements of this Website
are protected by trade dress, trademark, unfair competition, and other
laws and may not be copied or imitated in whole or in part. Any
redistribution or reproduction of any materials herein is strictly
prohibited. Permission to use content may be granted on a case-by-case
basis. Please contact us to make a request.
Unless otherwise provided by us in writing, our Code Replacement
Subscription is for only a single user. You may not make the
Subscription or the underlying code replacement extraction scripts
available to others not covered by the subscription license.
Additionally, you agree not to:
- access, monitor, or copy any content of this Website using any
robot, spider, scraper or other automated means or any manual
process for any purpose;
- violate the restrictions in any robot exclusion headers on this
Website or bypass or circumvent other measures employed to prevent
or limit access to this Website;
- take any action that imposes, or may impose, in our sole
discretion, an unreasonable or disproportionately large load on
our infrastructure;
- "frame," "mirror," or otherwise incorporate any part of this
Website into any other website; or
- attempt to modify, translate, adapt, edit, decompile,
disassemble, or reverse engineer any software programs used in
connection with the Website.
Disclaimers and Limitations of Liability
THE INFORMATION FROM OR THROUGH THIS WEBSITE IS PROVIDED ON AN AS-IS
BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. CHECK
YOUR EXTRACTION FILES AND CODES FOR ACCURACY.OUR SOLE AND ENTIRE
MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND
USES SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE
LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF
ANY). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU.
WE WOULD NOT PROVIDE THIS WEBSITE AND INFORMATION WITHOUT SUCH
LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER
ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS,
COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A
PARTICULAR SITUATION. SOME STATE STATUTES MAY APPLY REGARDING
LIMITATION OF LIABILITY.
We make no representation that materials on the Website are
appropriate or available for use outside the United States. Those who
choose to access this Website from outside the United States do so on
their own initiative and are responsible for compliance with local
laws, if, and to the extent that local laws are applicable. Software
from the Website is subject to United States export controls.
The limitation of liability reflects the allocation of risk between
the parties. The limitations specified in this section will survive
and apply even if any limited remedy specified in these Terms is found
to have failed of its essential purpose.
Indemnification
You agree to defend and indemnify us and any of our officers,
directors, employees, and agents from and against any claims, causes
of action, demands, recoveries, losses, damages, fines, penalties or
other costs or expenses of any kind or nature including but not
limited to reasonable legal and accounting fees, brought by third
parties as a result of:
- your breach of these Terms;
- your violation of any law or the rights of a third party; or
- your use of this Website.
Privacy Policy
We are committed to respecting the privacy of online visitors and
pledge our best efforts to that end. In general, you can visit the
Website without telling us who you are. Our web server automatically
recognizes each visitor's domain name, but does not automatically
collect personally identifiable information. In certain
circumstances, we may share your personally identifiable information
with our third party vendors performing functions on our behalf, such
as vendors that process credit card orders, deliver our merchandise,
or assist us with customer service. Except as provided in this Privacy
Policy or as set forth when you submit the information, your
personally identifiable information will not be shared or sold to any
third parties without your prior approval.
Further, a "cookie" is a small piece of data stored on your computer's
hard drive when you visit the Website. We use cookies to analyze the
Website's overall traffic patterns and to improve the Website
visitors' online experience. We do not use cookies to store or collect
any personal information. Many browsers provide an option to block or
remove cookies. You can visit the Website successfully while blocking
cookies, but leaving cookies enabled in your browser will help us to
improve the Website's usability and effectiveness.
Membership Subscription Fees
The right of access to our code replacement extraction scripts is
effective only upon payment of the membership subscription fees, which
are non-refundable. The membership subscription fees are listed on our
registration page at
http://www.codereplacements.com/amember/signup.php. The purchase of
any membership subscription is limited to individuals over the age of
18. Discounted memberships through coupons are valid only for the
member's initial subscription term. We may increase subscription fees
at any time and for any reason. Such increased fees shall be
applicable only to any new subscription or re-subscription.
Miscellaneous
These Terms are governed by the laws of the state of California and
the United States. You hereby consent to the exclusive jurisdiction
and venue of courts in California state and stipulate to the fairness
and convenience of proceedings in such courts for all disputes arising
out of or relating to the use of this Website. You agree that all
claims you may have against us arising from or relating to the Website
must be heard and resolved in a court of competent subject matter
jurisdiction located in California. Use of this Website is
unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms. You agree that no joint venture, agency,
partnership, or employment relationship exists between you and us as a
result of these Terms or use of this Website.
Our performance of these Terms is subject to existing laws and legal
process. Nothing contained in these Terms limits our right to comply
with law enforcement or other governmental or legal requests or
requirements relating to your use of this Website or information
provided to or gathered by us with respect to such use. To the extent
allowed by applicable law, you agree that you will bring any claim or
cause of action arising from or relating to your access or use of this
Website within two (2) years from the date on which such claim or
action arose or accrued or such claim or cause of action will be
irrevocably waived.
If any part of these Terms is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remaining provisions in
the Terms shall continue in effect.
These Terms (and any other terms and conditions referenced herein)
constitute the entire Terms between you and us with respect to this
Website and it supersedes all prior or contemporaneous communications,
whether electronic, oral, or written, between you and us with respect
to this Website. A printed version of these Terms and of any notice
given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these Terms to
the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
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