1. Acceptance of Terms of Use and Amendments. Each time
you use or cause access to this web site, www.lowerpaymentonline.com (hereafter
referred to as LPO), you agree to be bound by these Terms of
Use as set forth by Elite Referrals (owner and operator of LPO)
and as amended from time to time with or without notice to you. In
addition, if you are using a particular service on or through this web
site, you will be subject to any rules or guidelines applicable to
those services and they shall be incorporated by reference into these
Terms of Use. Please see our Privacy Policy, which is incorporated into
these Terms of Use by reference.
Custom Advertising Clients - Refund Policy
For those clients that retain our custom services on any level, all of the conditions within this 'User Agreement' continue
to apply. Each client that retains our services on this 'custom
services' level may contact our company at any time via telephone at
(206) 337-1086 in respect to any changes desired; and can expect to
see those changes enacted within 24 hours, Monday - Friday. Also,
requests for desired changes can be submitted via email through our
'contact us' page. You can expect a response within 24 hours,
including desired changes to advertising. In addition; due to the
unique customized nature of these services, once the requested service
has been provided - Meaning the custom website ad has been built AND
the keywords that will ensure page 1 search engine promotion have been
purchased, there will not be any refunds under any conditions. 2.
Our Service. The LPO web site, Elite Referrals, and services
provided to you on and through our web site on an "AS IS" basis. You
agree that the owners of this web site exclusively reserve the right
and may, at any time and without notice and any liability to you,
modify or discontinue this web site and its services or delete the data
you provide, whether temporarily or permanently. We shall have no
responsibility or liability for the timeliness, deletion, failure to
store, inaccuracy, or improper delivery of any data or information.
3.
Your Responsibilities and Registration Obligations. In order to use
this web site, you must register on our site, agree to provide truthful
information when requested, and be at least the age of eighteen (18) or
older. When registering, you explicitly agree to our Terms of Use and
as may be modified by us from time to time and available here.
4.
Privacy Policy. Registration data and other personally identifiable
information that we may collect is subject to the terms of our Privacy
Policy.
5.
Registration and Password. You are responsible to maintain the
confidentiality of your password and shall be responsible for all uses
via your registration and/or login, whether authorized or unauthorized
by you. You agree to immediately notify us of any unauthorized use or
your registration, user account or password.
6.
Your Conduct. You agree that all information or data of any kind,
whether text, software, code, music or sound, photographs or graphics,
video or other materials ("Content"), publicly or privately provided,
shall be the sole responsibility of the person providing the Content or
the person whose user account is used. You agree that our web site may
expose you to Content that may be objectionable or offensive. We shall
not be responsible to you in any way for the Content that appears on
this web site nor for any error or omission. You explicitly agree, in
using this web site or any service provided, that you shall not: (a)
provide any Content or perform any conduct that may be unlawful,
illegal, threatening, harmful, abusive, harassing, stalking, tortuous,
defamatory, libellous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or interrupt this web site
or any service provided, infected with a virus or other destructive or
deleterious programming routine, give rise to civil or criminal
liability, or which may violate an applicable local, national or
international law; (b) impersonate or misrepresent your association
with any person or entity, or forge or otherwise seek to conceal or
misrepresent the origin of any Content provided by you; (c) collect or
harvest any data about other users; (d) provide or use this web site
and any Content or service in any commercial manner or in any manner
that would involve junk mail, spam, chain letters, pyramid schemes, or
any other form of unauthorized advertising without our prior written
consent; (e) provide any Content that may give rise to our civil or
criminal liability or which may constitute or be considered a violation
of any local, national or international law, including but not limited
to laws relating to copyright, trademark, patent, or trade secrets.
7.
Submission of Content on this Web Site. By providing any Content to our
web site: (a) you agree to grant to us a worldwide, royalty-free,
perpetual, non-exclusive right and license (including any moral rights
or other necessary rights) to use, display, reproduce, modify, adapt,
publish, distribute, perform, promote, archive, translate, and to
create derivative works and compilations, in whole or in part. Such
license will apply with respect to any form, media, technology known or
later developed; (b) you warrant and represent that you have all legal,
moral, and other rights that may be necessary to grant us with the
license set forth in this Section 7; (c) you acknowledge and agree that
we shall have the right (but not obligation), in our sole discretion,
to refuse to publish or to remove or block access to any Content you
provide at any time and for any reason, with or without notice.
8.
Third Party Services. Goods and services of third parties may be
advertised and/or made available on or through this web site.
Representations made regarding products and services provided by third
parties are governed by the policies and representations made by these
third parties. We shall not be liable for or responsible in any manner
for any of your dealings or interaction with third parties.
9.
Indemnification. You agree to indemnify and hold us harmless, our
subsidiaries, affiliates, related parties, officers, directors,
employees, agents, independent contractors, advertisers, partners, and
co-branders from any claim or demand, including reasonable attorney's
fees, that may be made by any third party, that is due to or arising
out of your conduct or connection with this web site or service, your
provision of Content, your violation of this Terms of Use or any other
violation of the rights of another person or party.
10.
DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF
THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS
MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO
YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY
PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE,
TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY
CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE
THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES
PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY
OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY
OF ANY KIND. Some jurisdictions may not allow disclaimers of implied
warranties and the above disclaimer may not apply to you only as it
relates to implied warranties.
11.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE
THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES
RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE,
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS,
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V)
ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is
not permitted to limit liability and therefore such limitations may not
apply to you.
12.
Reservation of Rights. We reserve all of our rights, including but not
limited to any and all copyrights, trademarks, patents, trade secrets,
and any other proprietary right that we may have in our web site, its
content, and the goods and services that may be provided. The use of
our rights and property requires our prior written consent. We are not
providing you with any implied or express licenses or rights by making
services available to you and you will have no rights to make any
commercial uses of our web site or service without our prior written
consent.
13.
Notification of Copyright Infringement. If you believe that your
property has been used in any way that would be considered copyright
infringement or a violation of your intellectual property rights, our
copyright agent may be contacted at the following address:
customersupport@lowerpaymentonline.com
14.
Applicable Law. You agree that this Terms of Use and any dispute
arising out of your use of this web site or our products or services
shall be governed by and construed in accordance with local laws where
the headquarters of the owner of this web site is located, without
regard to its conflict of law provisions. By registering or using this
web site and service you consent and submit to the exclusive
jurisdiction and venue of the county or city where the headquarters of
the owner of this web site is located.
15.
Miscellaneous Information. (i) In the event that this Terms of Use
conflicts with any law under which any provision may be held invalid by
a court with jurisdiction over the parties, such provision will be
interpreted to reflect the original intentions of the parties in
accordance with applicable law, and the remainder of this Terms of Use
will remain valid and intact; (ii) The failure of either party to
assert any right under this Terms of Use shall not be considered a
waiver of any that party's right and that right will remain in full
force and effect; (iii) You agree that without regard to any statue or
contrary law that any claim or cause arising out of this web site or
its services must be filed within one (1) year after such claim or
cause arose or the claim shall be forever barred; (iv) We may assign
our rights and obligations under this Terms of Use and we shall be
relieved of any further obligation.
Privacy Policy
Personally
identifiable information you provide LPO when you sign up will
not be sold or given to outside sources without your permission.Network
uses the information we collect in order to provide you with
personalized services, such as the Selling and Buying Center, Saved
Searches, and account information. Sign-up
Information In order to post, buy, or make an offer for item(s) and
service(s) on LPO, you must become a LPO member. The
member registration process requires that you provide your full name,
street address, email address, and other identifying information. If
you were referred to LPO from another web site, that web site
may send us information that you provided to them. The information they
provide is considered private, as if you provided it directly to us.
Credit Cards
You
will be able to enter a credit card to for billing convenience through
our credit card partner 2Checkout or through PayPal. We must confirm
that your credit card number and sign-up information is valid. Members'
credit cards will only be charged in accordance with our Fees and
Payments Policy. Entering your credit card information on uWin Motors
is safe; we use industry-standard SSL-encryption to protect sensitive
data transmissions.
Personal Descriptions & Photos
In
an effort to facilitate a trusting buying and selling community, we
provide you with the option to submit pictures and/or a description of
your item or service. When you post your classified ad on LPO,
the ad description and pictures are displayed on the site and
accessible to visitors on LPO. We will not allow lewd, nude, or
semi-nude photos, so please do not upload them. Classifieds and photos
are subject to approval and must meet the Classified Ad Guidelines. Our
use of Cookies: LPO uses cookies to provide you access to
protected pages without requesting a login each time. Cookies are small
files that are placed on your computer when you visit our site. Our web
site will reference and update the cookie each time you visit LPO. We use cookies to deliver content specific to you, for pages
such as your Selling and Buying Center. We accomplish this by storing
encrypted information that uniquely identifies you in a cookie.
Public Access to Information
The
information that you provide when you post a classified ad is posted
in public areas and available to all visitors. Please remember that any
information that is disclosed in these areas becomes public
information, so please exercise caution. Security This site has
security measures in place to protect the loss, misuse, and alteration
of the information under our control. All member data and activity is
stored separately and is not directly accessible through a web browser.
We use industry standard procedures and processes to safeguard the
confidentiality of your identifiable personal information, such as
firewalls, encryption, monitoring technology, and adaptive analysis of
network traffic to track abuse of our network and its data.
Unfortunately, when you submit information about yourself to LPO over the Internet, the information may travel over many systems
that are not under the control of LPO.
The
Internet is not 100% secure and others might intercept the information
that you are sending. Remember that your account is accessible only
through the use of your Password. Who will have access to my personal
information? Our priority is to keep your personal information private
and confidential. LPO will not wilfully disclose, rent, or sell
your personal information to third parties. However, certain personal
information will be available to others in the process of using uWin
Motors. For example, visitors to LPO may view your member name, city, and items you have for sale. Of course, once you
provide personal information to a buyer or seller, LPO has no
control over how that information might be used by that individual. In
addition, should you circumvent our on-site messaging system, LPO will be unable to provide assistance in transaction disputes.
We
recommend using our messaging system or our "personal representative" for any communications between you
and potential buyers / sellers. LPO may choose to disclose
your personally identifiable information to others under the following
circumstances: - You consent to share your information. - In response
to a criminal investigation, subpoena, court order or legal process. -
Your actions on LPO appear to be in violation of our policies.
- You post a classified ad which we believe, in our sole discretion,
may create a liability for LPO Nothing in this policy shall
limit, prohibit, or otherwise deny the ability of LPO to (1)
transfer, assign, or sell our assets to a third party without
limitation, or (2) dispose of our assets in any manner, through
bankruptcy or similar proceeding. In addition, LPO makes no
warranties or claims regarding the accuracy or completeness of the
information we collect and disclose through our site, and disclaims any
liability regarding its use. |