PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.
These Terms of Use govern the services made available to you by HelloSells ("HelloSells," "we," "us"
or "our").
By accessing or using this website or other HelloSells product or service (collectively, the
"Site"), you signify
that you have read, understood and agreed to be bound by these Terms of Use and any other applicable
law. If you
do not agree to these Terms of Use, please do not use the Site. Your continued use of the Site will
constitute
receipt of notice and acceptance of any such changes."
Warranty Disclaimer
The Site and the services sold on or through the Site are provided AS IS, AS AVAILABLE and without
warranties of
any kind. You use the Site at your own risk. With respect to the Site,content, and services sold on
or through the
Site, to the fullest extent permitted by law, we disclaim all warranties, expressions, implied or
statutory,
including, but not limited to, implied warranties of title, quality, performance, merchantability,
fitness for a
particular purpose, accuracy, title and non-infringement. Without limiting the foregoing, we do not
warrant that
(i) the Site or other services will meet your specific requirements or desired results, (ii) the
Site will be
uninterrupted, error-free, timely or secure, (iii) any defects will be corrected, (iv) the Site is
free of viruses
or anything else harmful, or (v) the results obtained from the use of the Site will be accurate or
reliable. To
the fullest extent permitted by the law, we do not make any warranties or representations regarding
the use of
materials, Site Content or User Content or items placed for display in terms of their correctness,
accuracy,
adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you
download or
otherwise obtain Site content at your own risk, and that you will be solely responsible for your use
of and any
damage to any device on which you access the Site, including loss of data or other harm of any kind
that may
result. We reserve the right to change any and all Site content and other items used or contained in
the Site at
any time without prior notice. No advice or information, whether oral or written, obtained by you
from us or
through the Site will create any warranty not expressly stated herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, HELLOSELLS SHALL NOT BE LIABLE TO YOU OR
ANYONE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES
FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN
ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT
LIABILITY IN TORT,
WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (I) THE USE OR THE INABILITY TO USE
THE SITE;
(II) THE SITE CONTENT OR THE CONDUCT OF OTHER SITE USERS OR THIRD PARTIES; (III) THE PERFORMANCE OF
THE SERVICES
PURCHASED THROUGH THE SITE; (IV) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY
DATA,
INFORMATION OR SERVICES OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SITE; (V)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (VI) TERMINATION OR DOWNGRADING OF YOUR ACCOUNT;
OR (VII) ANY
OTHER MATTER RELATING TO THE SITE OR ANY OF OUR OTHER SERVICES. OUR MAXIMUM CUMULATIVE LIABILITY AND
YOUR
EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE TERMS OF USE, USE OF THE SITE OR
SITE CONTENT IS
THAT YOU STOP USING THE SITE. IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN
ANY WAY
CONNECTED WITH YOUR USE OF THE SITE, OUR LIABILITY SHALL NOT EXCEED U.S. $100.00. OUR LIABILITY
SHALL NEVER EXCEED
THE AMOUNTS PAID TO US BY YOU FOR OUR SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF
LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU."
Indemnification
You agree to indemnify, defend and hold harmless HelloSells, its affiliates, officers, directors,
employees,
agents and licensors from and against all losses, liabilities, costs (including without limitation
attorneys'
fees), damages, judgments and claims, of every kind and nature, arising from or relating in any way
to your use of
the Site, your conduct in connection with the Site or your violation of these Terms of Use, any law,
or the rights
of any third party.
Changes to Site
You agree to indemnify, defend and hold harmless HelloSells, its affiliates, officers, directors,
employees,
agents and licensors from and against all losses, liabilities, costs (including without limitation
attorneys'
fees), damages, judgments and claims, of every kind and nature, arising from or relating in any way
to your use of
the Site, your conduct in connection with the Site or your violation of these Terms of Use, any law,
or the rights
of any third party.
Your Obligations
You agree to use this Site only for lawful purposes. Any conduct by you that, in our sole discretion,
restricts,
inhibits or interferes with the ability of any other user to enjoy the Site will not be tolerated,
including by
means of hacking or defacing any portion of the Site, or by engaging in spamming, flooding or other
disruptive
activities. You are strictly prohibited from communicating on or through the Site any unlawful,
harmful,
offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful,
fraudulent,
sexually explicit, racial, ethnical or otherwise objectionable material of any sort, including, but
not limited
to, any material that encourages conduct that would constitute a criminal offense, give rise to
civil liability or
otherwise violate any applicable local, state, federal, or international law. We reserve the right
to terminate or
suspend your access to and use of the Site, or parts of the Site, without prior notice, if we
believe, in our sole
discretion, that you have violated any applicable law or your use is harmful to our interests or the
interests,
including intellectual property or other rights, of another user or other third-party partners,
affiliates,
sponsors, providers, licensors or merchants.
With respect to your account, you agree to provide true, accurate, current and complete information
about
yourself. It is your responsibility to maintain and promptly update this account information to keep
it true,
accurate, current and complete. If you provide any information that is fraudulent, untrue,
inaccurate, incomplete
or not current, or we have reasonable grounds to suspect that such information is fraudulent,
untrue, inaccurate,
incomplete or not current, we reserve the right to suspend or terminate your account without prior
notice and
refuse any and all current and future use of the Site. Furthermore, you agree that we will not be
liable to you or
any third party for any termination of your access to your account or the Site.
When you create your account, you will be asked to supply a user ID and password. You are responsible
for
maintaining the confidentiality of the password and account and are fully responsible for all
activities that
occur in connection with your password or account. You agree to immediately notify us of any
unauthorized use of
your password or account or any other breach of security. You further agree that you will not permit
others,
including those whose accounts have been terminated, to access the Site using your account or user
ID.
These Terms of Use are effective until terminated by either party. If you no longer agree to be bound
by these
Terms of Use, you must cease your use of the Site. Your use of the Site is at your sole risk. If you
are
dissatisfied with the Site, its content or any of these Terms of Use, your sole and exclusive legal
remedy is to
discontinue using the Site.
Trademark and Copyright Notice
All the content on the Site is subject to trademark, service mark, copyright and/or other
intellectual property
rights held by HelloSells. All title and full intellectual property rights protected by U.S. or
international
copyright laws are reserved for any materials downloaded or otherwise received from the Site.
Trademark or
copyright notices may not be deleted or altered in any way. Trademarks and copyrights may not be
used in
connection with any third-party services.
HelloSells grants you a license that is non-exclusive and non-transferable, with a limited right to
access, use
and display the Site and the informational materials contained in the Site. You agree not to
interrupt or attempt
to interrupt the operation of the Site in any way. Except as provided above or as permitted by the
fair use
privilege under U.S. copyright laws (17 U.S.C. section 107), you may not upload, post, reproduce or
distribute in
any way content protected by copyright, or other proprietary right, without obtaining express
permission of the
owner of the copyright or other proprietary right. No title, rights or interests in any downloaded
materials from
the Site are afforded you as a result of such downloading for personal, non-commercial use. You
acknowledge that
these rights are valid and protected in all forms, media and technologies existing now or
hereinafter developed.
Proprietary Rights
HelloSells owns all the content on the Site, including text, graphics, legends, customized graphics,
original
photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos,
designs, words
and phrases, page headers and software as well as the design, coordination, arrangement, enhancement
and
presentation of this material.
Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting,
augmenting,
distributing, downloading, storing, reproducing, sublicensing, adapting or creating derivative works
of this
content, or posting this content or selected portions of this content in any manner on any network
computer,
broadcast media or other technologies existing now or hereinafter developed for unauthorized
publication or
commercial use without the prior written consent of HelloSells are strictly prohibited. You hereby
agree not to
reproduce, duplicate, copy, sell, resell, decompile, disassemble or exploit for any commercial
purposes any
portion of the Site, use of the Site or access to the Site, or to collect any information about Site
visitors or
registered users of the Site.
Electronic Communications
When you send emails to us, you are communicating with us electronically and consent to receive
return
communications, if any, from us electronically. You agree that all agreements, notices, disclosures
and other
communications that we provide to you electronically satisfy any legal requirement that such
communications be in
writing.
Links to Other Sites
The Site may contain links to sites owned or operated by independent third parties. These links are
provided for
your convenience and reference only. We do not control such sites and, therefore, we are not
responsible for any
content posted on these sites. Links should not be construed in any way as an endorsement,
authorization or
sponsorship of that site or its content. Some sites employ automated search results or otherwise
link you to sites
containing information that may be deemed inappropriate or offensive, and we cannot be held
responsible for the
accuracy, copyright compliance, legality or decency of material contained in third-party sites; you
hereby
irrevocably waive any claim against us with respect to such sites.
General Information
In addition to the rights and privileges described in the terms, conditions and policies outlined
above, we
further reserve the right to electronically monitor areas of our Site and may disclose any content,
records or
electronic communication of any kind if required to do so by any law, regulation or government
request, if such
disclosure is necessary or appropriate to operate the Site, or to protect our rights or property, or
the rights of
the users, partners, affiliates, sponsors, providers, licensors or merchants. If alerted to
allegedly infringing,
defamatory, damaging, illegal or offensive content, we may investigate the allegation and determine
in our sole
discretion whether to remove or request the removal of such content from the Site. Quality customer
service is our
top priority. References to or descriptions of services on the Site should not be interpreted as
endorsements of
such services. Price, quantity and availability of any service are subject to change without prior
notice.
We control the Site from our corporate offices within the United States. By accessing and using the
Site you
agree that such access and use is subject to the terms, conditions and policies outlined above as
well as
applicable laws, as governed and interpreted pursuant to the laws of the state of Oregon. Our
failure to insist
upon strict performance of any provision of these terms, conditions and policies will not be
construed as an
implicit waiver of any provision or right.
If any part of this agreement is ruled to be unenforceable, then such part shall be severed, with the
remainder
of the agreement remaining in full force and effect. These terms, conditions and policies constitute
the entire
agreement between you and HelloSells governing your use of the Site. Your use of the Site is also
subject to our
Privacy Policy.
