CONDITIONS OF USE AGREEMENT
WWW.MYEXCESSIVESWEATING.COM WELCOMES YOU TO OUR WEB SITE. WE ASK THAT YOU READ THE FOLLOWING CONDITIONS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY RELATED SITES, AND SHALL GOVERN ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE OR ANY RELATED SITES (“AGREEMENT”). BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
USE OF www.MyExcessiveSweating.com
MyExcessiveSweating.com grants you a limited license to access and make personal use of this Web Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MyExcessiveSweating.com. This license does not include any resale or commercial use of this Web Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Web Site or its contents; any downloading or copying of account or other non-public information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Web Site or any portion of this Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MyExcessiveSweating.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MyExcessiveSweating.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing MyExcessiveSweating.com’s name or trademarks without the express written consent of MyExcessiveSweating.com. Any unauthorized use terminates the permission or license granted by MyExcessiveSweating.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to MyExcessiveSweating.com so long as the link does not portray MyExcessiveSweating.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MyExcessiveSweating.com logo or other proprietary graphic or trademark as part of the link without express written permission. Any other use of this Web Site is prohibited, including, but not limited to, use of any features of this Web Site that permit communications or postings to post, transmit, display, or otherwise communicate:
- any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
- any advertisement, solicitation, spam, chain letter, or other similar type of information;
- any encouragement of illegal activity or commit illegal activities;
- the impersonation of any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- unauthorized use or disclosure of private, personally identifiable information of others; or
- any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the MyExcessiveSweating.com Web Site through which users may supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Conditions of Use. We also reserve the right to deny access to the MyExcessiveSweating.com Web Site or any features of such site to anyone who violates these Conditions of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Web Site or infringes the rights of others.
SITE CONTENTS AND OWNERSHIP
The information contained on this Web Site, including all images, designs, photographs, writings, graphs, data, and other materials (“Materials”) are the property of MyExcessiveSweating.com and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. This material shall not be used for any purpose other than authorized in this Agreement or by the written consent of MyExcessiveSweating.com. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this Web Site and prevent unauthorized copying of the Contents. Except as provided in this Notice, MyExcessiveSweating.com does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
DISCLAIMER OF WARRANTY
The information on this Web Site does not constitute endorsement of a particular product, service, supplier or vendor. All information, graphics or otherwise viewed on this Web Site are for demonstration or information purposes only, and should be relied on only at your own risk. Any information provided should be verified directly with MyExcessiveSweating.com if it relates to a particular account or procedure for MyExcessiveSweating.com services, permits, or otherwise. Listing of a product, service, or entity on this Web Site is not a warranty by MyExcessiveSweating.com of the quality or efficacy of care, products or services furnished by a particular vendor, entity or service. You expressly agree that use of this Web Site is at your sole risk. Neither MyExcessiveSweating.com, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Web Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Web Site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, MyExcessiveSweating.com does not warrant reliability of any statement or other information displayed or distributed through the Web Site. MyExcessiveSweating.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site. MyExcessiveSweating.com may make any other changes to this Web Site, the Materials and the products, programs, services, or prices (if any) described in this Web Site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. MyExcessiveSweating.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEB SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MyExcessiveSweating.com EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEB SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
NOTICE TO MyExcessiveSweating.com
Communications made through the MyExcessiveSweating.com’s Web Site shall in no way be deemed to constitute legal or official notice to the MyExcessiveSweating.com, its agencies, officers, employees, representatives, or agents with respect to any existing, pending, or future claim or cause of action against MyExcessiveSweating.com or any of its agencies, officers, employees, representatives, or agents where notice is required by federal, state, or local law. No communication to MyExcessiveSweating.com made through this Web site shall be deemed to constitute legal or official notice for any purpose. Materials and information on the MyExcessiveSweating.com’s Web site are provided as a public service and intended to afford general guidelines on matters of public interest. Accordingly, the information in this site is not intended to serve as legal, accounting or tax advice.
LIMITATION OF LIABILITIES
YOU AGREE THAT MyExcessiveSweating.com AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL MyExcessiveSweating.com OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEB SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER MyExcessiveSweating.com OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless MyExcessiveSweating.com, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Web Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this Web Site must be commenced within one (1) year after the claim or cause of action arises.
RISK OF LOSS
Any items purchased from MyExcessiveSweating.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
TERM AND TERMINATION
Without limiting its other remedies, MyExcessiveSweating.com may immediately discontinue, suspend, terminate, or block your and any user’s access to this Web Site at any time in our sole discretion.
As a convenience to you, we may provide on this Web Site links to web sites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this Web Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by MyExcessiveSweating.com. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by MyExcessiveSweating.com. MyExcessiveSweating.com does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by MyExcessiveSweating.com. Links do not imply that MyExcessiveSweating.com or this Web Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of MyExcessiveSweating.com or any of its affiliates or subsidiaries. Except for links to information authored by MyExcessiveSweating.com, MyExcessiveSweating.com is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. MyExcessiveSweating.com reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. MyExcessiveSweating.com makes no representation that the materials are appropriate or available for use outside the United States. If you access this Web Site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Web Site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Muskegon County, Michigan for any disputes with MyExcessiveSweating.com arising out of your use of this Web Site.
This Agreement constitutes the entire agreement between MyExcessiveSweating.com and you with respect to this Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and MyExcessiveSweating.com with respect to this Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Web Site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. MyExcessiveSweating.com does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Web Site, including, but not limited to, any consent you give to receive communications from MyExcessiveSweating.com solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.