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GSECart/HTL Innovations
USER AGREEMENT

1. Operations
1.1 Purpose
1.2 Use
1.3 Fees/Subscriptions
1.4 No Use by Children
1.5 Content of Listings
1.6 Feedbacks and Reviews
1.7 Access
1.8 Links to Other Sites
1.9 Payments for Goods and Services
1.10 Taxes
1.11 No Buyer/Recipient or Seller/Provider Protection
1.12 Goods/Services Indemnity
1.13 Prohibited/Restricted Items
1.14 Abuse/Termination

2. Privacy Policy
2.1. Information Collected
2.1.1. Personally Identifiable Information
2.1.2. Aggregate Information/Cookies
2.2   Ownership and Use of Information

3. Legal
3.1. Limited Liability
3.2. Site Liability
3.3. Release
3.4. Indemnity
3.5. Choice of Law
3.6. International Use
3.7. Void  Where Prohibited
3.8. Entire Agreement
3.9. Severability
3.10. Waiver
3.11. Modification
3.12. Disclaimers/Warranties

4. Copyrights and Trademarks
4.1. Intellectual Property
4.2. Trademarks
4.3. Copyrights
4.4. Infringement
4.5. Notice and Takedown Procedures

 

1. Operations

Welcome to GSEcart.com.  This website (the “Site”), Goods and Services Emporium: Classified Ads, Auctions, Requests, and Trades, is maintained by HTL Innovations (HTLI), (the “Owner”), for your (the “User”) personal use. Your use of the Site constitutes your acceptance, without limitations or qualifications, of the user agreement ("User Agreement") set forth herein. Please read this User Agreement carefully before accessing or using the Site. By accessing or using the Site, you acknowledge that you have read, understood and agree to be bound by the User Agreement, just as if you had signed it. If you are not willing to be bound by this User Agreement, you may not access the Site.  HTLI may modify the User Agreement at any time, and such modifications shall be deemed effective immediately upon posting on the Site. Any continued use of the Site shall be deemed conclusive of your acceptance of the modified User Agreement.

You agree to accept and follow HTLI's Integrity Promise:

I will be honest and treat others with respect. I will perform all my commitments with integrity.

This website is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved such as risks of dealing with foreign nationals, underage persons or people acting under false pretence and we strongly advise you to understand all of these terms before joining.  Before you may become a member of GSEcart, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. By accepting this User Agreement, you agree that this User Agreement will apply whenever you use the GSEcart and HTLI sites, services, and tools.

1.1 Purpose
This site acts as a listing platform for sellers and buyers of goods and/or providers and recipients of services to advertize, auction, request and trade goods and/or services. Sellers of goods place classified ads, conduct standard or dutch auctions, bid on the buyers’ requests, or trade goods for goods or services.  Buyers of goods review the sellers’ ads, bid on the sellers' auctions, conduct reverse auctions, make requests, or trade goods for goods or services. Providers of services place classified ads, conduct auctions for their services, bid on the recipients requests, or trade services for services or goods.  Recipients of services review the providers’ ads, conduct reverse auctions, make requests, or trade services for services or goods. This site also offers multiple foreign markets of goods and services across the globe translated in foreign languages.  HTLI advises users, however, to make their transactions within the market they feel most comfortable and with which they are most familiar.

1.2 Use
Use of the Site is conditioned upon the following:  you are 18 years old, or older; you can lawfully enter into and form legal binding contracts under applicable law; you provide your real name, address, phone number, email address, and a valid form of payment, such as, but not limited to, credit card, account information, Paypal, etc.; you do not transfer your GSEcart account and User ID to another party, you will not post content in an inappropriate category or area of the Site; you do not materially change an ad, a bid, a request, or a trade once listed ("bait and switch") or falsify information provided to other users of the Site; you do not manipulate the price or information, or interfere, with other users' information on the Site; you do not manipulate or circumvent the services of the Site; you do not take any action that may undermine the feedback or ratings systems; you do not violate any laws, third party rights or our policies; you do not distribute viruses or any other technologies that may harm GSEcart, HTLI, or the other users; you do not copy, modify, or distribute content from the Site; and you do not collect information about other users other than for the purposes provided by HTLI; As a seller of goods, you do not fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; you do not post false, inaccurate, misleading, defamatory, libelous, profane, or inappropriate, indecent, seductive or pornographic content; As a buyer of goods, you do not fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity; you do not post false, inaccurate, misleading, defamatory, libelous, profane, or inappropriate, indecent, seductive or pornographic content;  As a provider of services, you are licensed, where applicable, to provide the services you post on the Site and you do not fail to deliver services purchased from; you do not post false, inaccurate, misleading, defamatory, libelous, profane, or inappropriate, indecent, seductive or pornographic content; As a recipient of services, you do not fail to deliver payment for services received by you; you do not post false, inaccurate, misleading, defamatory, libelous, profane, or inappropriate, indecent, seductive or pornographic content.

1.3 Fees/Subscriptions
No fees are required to view or bid on items. Registration is free. For a complete fee schedule, look under the registration menu. Your listing will be posted in the proper category among all category listings for the chosen duration for a fee. If you choose to upgrade your standard listing, additional fees will be added at the time you post your listing. Additional fees will be charged to your account any time you choose to add “Attention Getters”, such as “Bold Title, Highlighted Listing, Top of Category Page Featured Listing, Homepage Featured Listing, or Homepage Gallery Listing” to your listing.  Storefronts and Sponsor Banners are based on a monthly subscription. Each Storefront setup costs $5.00 and the monthly storefront subscription is $5.00 per month. Each Sponsor Banner costs $20.00 per month. Your subscription of your Storefronts or Sponsor Banners with GSEcart/HTLI will be automatically billed on a monthly basis. UNLESS GSECART RECEIVES A WRITTEN CANCELLATION PRIOR TO YOUR MONTHLY RENEWAL, GSECART SHALL CHARGE YOUR CREDIT CARD OR BANKING ACCOUNT FOR THE NEXT MONTHLY SUBSCRIPTION FEE AND YOUR SUBSCRIPTION WITH GSECART WILL CONTINUE FOR ANOTHER MONTH TERM. ALL PAYMENTS AND CHARGES FOR SUBSCRIPTION FEES, EXCEPTS AS PROVIDED BELOW, ARE FINAL AND NON-REFUNDABLE. TO AVOID AUTOMATIC BILLING OF THE MONTHLY SUBSCRIPTION BY GSECART YOUR WRITTEN NOTICE OF CANCELLATION MUST BE RECEIVED NO LATER THAN 10 DAYS PRIOR TO YOUR MONTHLY BILLING DATE. Notice must be emailed to billing@gsecart.com.  A $35.00 fee will be charged for late payments, insufficient funds, or returned checks. If GSEcart is required to pursue a collection action against your account you agree to pay all costs and attorney fees associated with such action.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 30 days past due, deducting the amount owed from your PayPal account balance.)

1.4 No Use by Children
Membership to this website is only available to those of you who can form a legally binding contract.  This site does not permit minors (under 18) to register.  If any member fails to signup with their correct age the account will be terminated with immediate effect.  The Site is not directed to, or intended for use by, minors (defined as anyone age eighteen (18) or younger). Children should not use the Site or submit any information to GSEcart.

1.5 Content
By posting or submitting any content or other materials to the Site, including any images, audio or video files, classified ads, auctions, requests, trades, storefronts, feedbacks, reviews, discussions, transmissions, bulletin boards and the like on the Site or personal information (collectively, "Your Content"), you affirm, represent and warrant that (1) you own or otherwise control all right, title and interest in and to Your Content, including the copyright thereto, (2) none of the materials included in Your Content are defamatory, libelous, slanderous, omitted, false, obscene or inappropriate, indecent, seductive or pornographic, profane, dangerous, inaccurate, (3) you do not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation, and (4) use of Your Content as provided in these User Agreement will not violate any legal rights (tangible or intangible) of any third party. You hereby grant Owner and its designees a worldwide, royalty-free, non-exclusive, transferable, sublicenseable license (the "License") to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit and prepare derivative works of Your Content in connection with the Site or the conduct of HTLI’s business in any formats and through any media channels.

This site and its owners assume no liability for the content of the listings.  HTLI may monitor Your Content as it appears on the Site and may edit or delete Your Content at any time and for any or no reason without your permission.  However, HTLI is under no obligations to do so and assumes no responsibility or liability arising from the content of the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site. HTLI assumes no responsibility for checking information posted in discussions, transmissions, bulletin boards or the like on the Site for accuracy.  HTLI reserves the right to review communications and materials posted or uploaded to the Site, and to block or remove communications or materials that it determines to be (a) abusive, defamatory, profane, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive, profane, objectionable or otherwise unacceptable to HTLI at its sole discretion. HTLI reserves the right to alter or delete material from the Site at any time.

1.6 Feedback and Reviews
The Site may include forums (such as message boards and feed back areas) that enable users to communicate with each other, provide feedbacks and reviews. You may post feedback that is timely, accurate, and useful to other users. Any feedback or reviews that are false, misleading, malicious, and the like are prohibited. Feedback and reviews must be posted within 3 months from the date that goods are provided or services are performed.  HTLI is under no obligation to moderate or edit the forums and will not be responsible for the content or use of any material posted on any forum at the Site. HTLI retains the right to delete at any time and for any or no reason any material posted at the Site.

1.7 Access
You will use the Site for its intended purposes only.  The Site may be used only for lawful purposes and in a lawful manner.  Except as otherwise expressly permitted by HTLI, any access or attempt to access other areas of the HTLI computer system or other information contained on the system for any purpose is strictly prohibited.  The site contains robot exclusion headers. Much of the information on the site is updated on a real-time basis and is proprietary or is licensed to HTLI by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express handwritten permission.

Additionally, you agree that you will not:

HTLI reserves the right to immediately prevent or restrict access to the Site, or to remove or restrict posted information in the event your posted information is deemed, in HTLI's sole discretion, to be objectionable, inaccurate, inappropriate, unlawful, or otherwise prohibited.

1.8 Links to Other Sites
The Site may contain links to websites operated by third parties. These links do not constitute or imply an endorsement or recommendation by HTLI of the linked site. The linked sites may appear to be integrated into the Site, but are not under HTLI's control. HTLI is not responsible for the operation or content of any linked site or subsequent links from that site. Access to other sites linked to this Site is at your own risk, and we disclaim all liability with regard to your access to such linked sites.

1.9 Payments for Goods or Services
It is your responsibility to bill, and collect payment for any goods or services provided. HTLI does not guarantee payment from its users and is not responsible for collection of payment or making demand for payment. In the event a user of this Site fails to make payment for goods or services provided, HTLI bears no liability for such non-payment and your sole recourse shall be with that user.

1.10 Taxes
It is your responsibility to determine if sales or other taxes are applicable between your transactions with other users. It is your sole responsibility to collect, report, and remit any required taxes to the appropriate tax authority.

1.11 No Buyer/Recipient or Seller/Provider Protection
Buyers and sellers of goods and/or providers and recipients of services share the responsibility for making sure purchases and trades facilitated by this GSEcart.com are exciting, rewarding, and hassle-free. We strongly encourage buyers to work with sellers and recipients to work with providers before opening a claim relating to a purchase or trade. GSEcart/HTLI does not provide any buyer/recipient or seller/provider protection. Buyers and Recipients need to screen or qualify the Sellers and Providers for their goods or services before closing the deal. Similarly, Sellers and Providers need to verify the validity of the buyer or recipient payment before sending the goods or providing the services. If GSEcart suspects abuse or interference with the proper working of the program, we may suspend or restrict buyers/recipients and sellers/providers from using this website.

1.12 Good/Service Indemnity
This site and its owners shall not be responsible for any goods sold, purchased or traded, for any damages to goods during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller of goods. In addition, this site and its owners shall not be responsible for any services provided or traded, for any damaged caused to the recipients at any time, nor for misrepresentations and/or breaches of contract by provider and/or recipient of services. This site shall not be responsible for the cost of procurement of substitute goods and services or any losses resulting from any goods or services purchased, obtained or traded.

1.13 Prohibited/Restricted Goods/Services
Your listing must follow these guidelines. If it doesn't, it will be removed, and you will receive a penalty of $100.00 per listing per day and may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.

1.14 Abuse/Termination
If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us.  HTLI and other users work together to keep GSEcart working properly and safe; please report problems and abuses, offensive content, and policy violations to HTLI. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue GSEcart and HTLI sites, services, or tools.

 

2.  Privacy Policy

HTLI respects the privacy of its users and has created a Privacy Policy explaining users' rights and responsibilities with respect to personal information disclosed on the Site. You agree not to use any information provided you by the Site or HTLI for purposes of solicitation, advertising, unsolicited email or spamming, harassment, invasion of privacy, or for any purpose other than entering into and completing the transactions facilitated by HTLI. You consent to receive communication from HTLI and its affiliates in connection with your listing and services via electronic or other media.

2.1 Information Collected
There are two general types of information that can be collected as a result of your use of the Site: (1) Personally identifiable information (such as your first and last name, home or other physical address, telephone number, email address, date of birth, social security number, other identifiers that permit physical or online contact with you or any information about you collected online and maintained in personally identifiable form in combination with any of the preceding categories), and (2) aggregate information (such as your IP address - a number used to identify your computer when you are on the Internet - or the type of browser you are using).

2.1.1 Personally Identifiable Information
Certain features available at the Site will require you to submit personally identifiable information about yourself ("Personal Information") as a condition of participation. Some of the features may be offered by Owner, while others may be offered by third parties. In addition, Owner may ask you to provide Personal Information for purposes unrelated to the use of a feature at the Site. IN ALL CASES, YOU CAN ALWAYS REFUSE TO PROVIDE PERSONAL INFORMATION, BUT THIS MAY RESULT IN DECREASED FUNCTIONALITY OF THE SITE FOR YOU AND LIMIT YOUR ABILITY TO RECEIVE INFORMATION ABOUT PRODUCTS OR SERVICES THAT MAY BE OF PARTICULAR INTEREST. In general, the use of Personal Information you choose to submit to a third party in connection with your use of the Site will be controlled by the privacy practices of the third party and not this Privacy Policy.

2.1.2 Aggregate Information/Cookies
Owner and third parties with features at the Site may collect aggregate information through the use of "cookies" or by other electronic means. In general, a cookie is a small amount of data sent to your browser from a web server and stored on your computer's hard drive. With most browsers or other software, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. You can refer to the instructions for your browser to learn more about these functions. If you choose to reject cookies, the Site likely will not operate as efficiently for you.

2.2 Ownership and Use of Information
ANY INFORMATION COLLECTED BY OWNER IN CONNECTION WITH YOUR USE OF THE SITE - REGARDLESS OF WHETHER CHARACTERIZED AS PERSONAL INFORMATION OR AGGREGATE - WILL BELONG EXCLUSIVELY TO OWNER AND MAY BE USED, MAINTAINED, UPDATED, DISCLOSED OR SOLD BY OWNER AS DESIRED IN ITS SOLE DISCRETION.

 


3. Legal

GSEcart/HTLI provides a listing platform for sellers and buyers of goods and/or providers and recipients of services to advertize, auction, request, trade, communicate, and enter into contracts or transactions with each other. GSEcart/HTLI is not involved and does not participate in any contracts or transactions between buyers and sellers of goods and/or providers and recipients of services. As a result, GSEcart/HTLI exercises no control over the quality, safety or legality of the goods or services listed or accuracy of the listings, the ability of sellers to sell goods or the ability of buyers to buy goods or the ability of the providers to provide services or the ability of the recipient to receive services. GSEcart and HTLI do not screen buyers/sellers of goods and recipients/providers of services or provide background checks of these individuals. HTLI cannot and does not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on or providers will complete the services they have bid on or recipients will complete the offers they have accepted.

3.1 Limited Liability
UNDER NO CIRCUMSTANCES WILL HTLI, OR ANY PARENT COMPANY, SUBSIDIARY, AFFILIATE, DIVISION, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR OR AGENT OF HTLI, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE, INCLUDING THE CONTENT AND YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HTLI uses reasonable efforts to include accurate and up to date information in the Site, however, since information changes so quickly, HTLI is unable to make any warranties or representations as to its accuracy. HTLI FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ON THE SITE.

3.2 Site Liability
Your use of the Site, GSEcart.com, is at your own risk. HTLI cannot guarantee continuous or secure access to its Site, and operation of the Site may be interfered with by numerous factors outside of its control. You understand that HTLI may temporarily shut down the Site for maintenance or other necessary or prudent business purposes. Your use of the Site is on an "as is" basis. In no event shall HTLI or any other party involved in creating, producing or delivering the Site be liable for any damages (including, without limitation, direct, incidental, consequential, indirect or punitive damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use of or inability to access or use, the Site. This includes damages to or viruses that may infect your computer equipment. HTLI does not guarantee or warrant that files available for download from this Site will be free of infection from viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Without limiting the foregoing, everything on the Site is provided to you "AS IS" without warranties of any kind, either express or implied, including, but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement; and is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

You will not hold HTLI responsible for other users' content, actions, or inactions, items, or services they list or their destruction of allegedly fake items. HTLI does not monitor, regulate, or control information, including feedback, posted by other users and has no control over and does not guarantee the truth or accuracy of information provided by other users.

You acknowledge that GSEcart is not a licensed service professional or a traditional auctioneer and does not provide any of the services offered by its users. Instead, GSEcart is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats,  auction-style formats, request formats, and trade formats.  We have no control over and do not guarantee the quality, safety, or legality of items or services advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, the ability of providers to provide services, the ability of recipients to pay for services or that a buyer/recipient or seller/provider will actually complete a transaction or return an item or refund a service.

3.3 Release
HTLI is not involved in the transactions between its users and is not their agent or partner. HTLI will not be involved in resolving disputes between users relating to or arising out of the use of the Site, including, but not limited to, services or goods provided, payment for services or goods, accuracy of information, and feedback or reviews. If you have a dispute with one or more users, you agree to release and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

3.4 Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any laws or the rights of a third party.

3.5 Choice of Law
This Agreement will, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the United States of American and the State of Utah, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this User Agreement or your use of the Site will be filed only in the state or federal courts located in Salt Lake County, State of Utah, and you further agree and submit to the exercise of personal jurisdiction of these courts for the purpose of litigating any such claim or action.

3.6 International Use
The Site originates from within the United States. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. HTLI makes no representation that the Site or the Site Materials are appropriate or available for use in locations outside the United States. Accessing the Site or using any of the Site Materials from any jurisdiction where access or use is illegal is prohibited.

It’s important that all listings and transactions comply with applicable laws. No illegal trading of goods or services will be tolerated on GSEcart.  Members are responsible for ensuring that their transactions are lawful in both the country of the seller/provider and the country of the buyer/recipient. We strongly encourage all members to learn about the laws of their own country as well as the countries where they plan to do business. Make sure your listings follow our guidelines. If they don't, they may be removed, and your buying and selling privileges could be restricted.

3.7 Void Where Prohibited
Although the information on this Site is accessible worldwide, not all products or services discussed in this Site are available to all persons or in all geographic locations or jurisdictions. HTLI reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made in the materials on this Site is void where prohibited.

3.8 Entire Agreement
This User Agreement, including any document referenced herein, any policies of the Site, Privacy Policy, Take Down Notification, and any Membership Application, constitute the entire agreement of the parties and supersedes all prior agreements, representations, and understandings of the parties.

3.9 Severability
If any provision of this User Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from and shall not affect the validity and enforceability of any remaining provisions.

3.10 Waiver
No act or omission by HTLI shall be deemed a waiver of any term or provision of this User Agreement unless such is in writing and signed by an authorized representative of HTLI. No delay or omission by HTLI in exercising its rights or remedies will be construed as a waiver. HTLI's failure to enforce the strict performance of any provision of this User Agreement will not constitute a waiver of HTLI's right to subsequently enforce such provision or any other provisions of this User Agreement.

3.11 Modification
This User Agreement may not be modified or amended by you without the prior written consent of HTLI. HTLI may modify or amend this User Agreement and the Privacy Policy at any time without notice to you. You should regularly review this User Agreement for any modifications or amendments to this User Agreement as your continued use of the Site after a modification or amendment signifies your assent and agreement to this User Agreement, as amended. The headings used in this User Agreement are for convenience only and such headings are not to be used in determining the meaning or interpretation of this User Agreement.

3.12 Disclaimers/Warranties
YOU AGREE THAT THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY, THE "SITE MATERIALS"), ARE PROVIDED ON AN "AS IS/WHERE IS/AS AVAILABLE" BASIS. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OWNER DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.

Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under HTLI Fees/Membership) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.


4. Copyrights and Trademarks

Subject to the terms and conditions set forth in our Privacy Policy, any communication or material that you transmit to, or post on, the Site by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary information. HTLI, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. HTLI and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products.

4.1 Intellectual Property
You acknowledge that all content and materials available at the Site other than Your Content (collectively, the "Content") are owned or controlled by Owner and protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws. You may only use the Site and the Content as expressly permitted in this User Agreement and for no other purpose. You may download, print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including any copyright or trademark notices. You may not use the site for any unsolicited commercial purpose, including but not limited to, sending unsolicited commercial email or making unsolicited commercial phone calls. Except as authorized by Owner in writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the Content. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Owner is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without Owner's permission. Owner's policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.

4.2 Trademarks
The trademarks, logos and service marks (collectively, the "Trademarks") displayed on the Site are registered and unregistered trademarks of HTLI and others. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and or trade dress of HTLI and may not be copied, in whole or in part, without the prior written permission of HTLI. You acknowledge that the Trademarks used and displayed on this site are and shall remain the sole property of HTLI or the Trademark owner. Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the Trademarks without the express written permission of HTLI or the Trademark owner. Your misuse of the Trademarks on the Site and in its contents, except as provided in this User Agreement, is strictly prohibited. You are advised that HTLI will aggressively enforce its intellectual property rights in the Site and its contents to the fullest extent of the law, including by seeking criminal sanctions.

4.3 Copyrights
HTLI grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts and other content (the “HTLI Content”) on the Site solely for your personal, non-commercial use. HTLI may revoke such privilege at any time with or without notice for any reason or no reason. Any and all HTLI Content, software and other works on the Site and any reproductions of any of the foregoing (collectively, "Works") are the copyrighted works of HTLI and/or its suppliers, and are protected under U.S. and worldwide copyright laws and treaty provisions. Other than the limited grant of access to and viewing of the HTLI Content set forth above, HTLI grants you no other privileges or rights in any of the Works. You acknowledge that any other use of the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of HTLI, is strictly prohibited.

4.4 Infringement
Pursuant to federal copyright law, if you believe copyrighted work is available at the Site in a way that constitutes copyright infringement, please see the Notice and Take Down materials posted elsewhere at the Site.

4.5 Notice and Takedown Procedure
If you believe copyrighted work is available on this website in a way that constitutes copyright infringement, you may notify the following designated agent of HTL Innovations ("Owner") in writing:

HTL Innovations
ATTN: Copyright Infringement
admin@htlinnovations.com

4.5.1. Your written notification (the "Notification") to the above-referenced designated agent must include substantially all of the following:

    a.  Identification of the copyrighted work that is the subject of the claimed infringement or, if multiple copyrighted works are involved, a representative list of such works;

    b. Identification of the allegedly infringing material, together with information reasonably sufficient to permit Owner to locate such material;

    c. Information reasonably sufficient to permit Owner to contact you, such as your name, address, telephone number and email address;

    d. A statement by you that you have a good faith belief that the copyrighted work identified in the Notification is being used in a manner that is not authorized by the copyright owner, its agent or the law;

    e. A statement by you, signed under penalty of perjury, that the information contained in the Notification is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that is allegedly being infringed; and

    f. A physical or electronic signature of the owner of the copyrighted work or a person authorized to act on its behalf.

4.5.2. Upon receipt of a Notification containing substantially all of the foregoing, Owner will take the following steps:

    a. Remove or disable access to the allegedly infringing material;

    b. Forward the Notification to the alleged infringer (the "Impacted Party"); and

    c. Take reasonable steps to promptly notify the Impacted Party that Owner has removed or disabled access to the allegedly infringing material.

4.5.3. The Impacted Party may submit a counter notification in writing to the above-referenced designated agent of Owner. The written counter notification (the "Counter Notification") must include substantially all of the following:

    a. Identification of the allegedly infringing material that was removed or disabled by Owner and the location where the material appeared before it was removed or access to it was disabled;

    b. A statement under penalty of perjury that the Impacted Party has a good faith belief that the allegedly infringing material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

    c. The Impacted Party's name, address and telephone number and a statement that the Impacted Party consents to the jurisdiction of the United States federal district court for the judicial district in which the address provided by the Impacted Party is located and will accept service of process from you. If the Impacted Party is located outside the United States, the Impacted Party must include a statement that it consents to the jurisdiction of any United States federal district court in which Owner may be found; and

    d. A physical or electronic signature of the Impacted Party.

4.5.4. Upon receipt of a Counter Notification containing substantially all of the foregoing, Owner will take the following steps:

    a. Send you a copy of the Counter Notification;

    b. Inform you that it will replace the allegedly infringing material or cease disabling access to it within ten (10) business days; and

    c. Replace the removed allegedly infringing material or cease disabling access to it not less than ten (10) nor more than fourteen (14) business days following receipt of the Counter Notification; provided you have not supplied the designated agent with evidence that you have filed an action seeking a court order to restrain the Impacted Party from engaging in the infringing activity that was the subject of the Notification.

Owner's policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.

4/25/2024 10:17:10 AM 
Copyright © 2024 Goods and Services Emporium. All Rights Reserved. No part of this web page may be reproduced in any way, or by any means, without the prior written permission of Goods and Services Emporium.

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