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Terms
of Use and Revisions
BargainOne
may at any time revise these Terms of Use by updating this
posting. By using this Site, you agree to be bound by any
such revisions and should therefore periodically visit this
page to determine the then current Terms of Use to which you
are bound.
Terms of Purchase
The day
you ordered marks the first day of your trial period. That
date marks the beginning of your free trial membership and
your ability to access Our Services. After the free trial,
and every month thereafter unless you cancel, your MONTHLY
MEMBERSHIP FEE will be automatically billed to your credit
card (under the name 'DATAMAXX'). To limit the number
and frequency of transactions, your credit card will be billed
the amount once a month. (or debited from your checking account,
if you authorized that option).
THE MEMBERSHIP
FEE (which includes applicable sales tax) is the amount you
agreed to pay at the time of purchase. It is Our Services
during the month. You
must call DataMaxx, LLC at (888) 228-5898 or (941) 329-6515
to cancel your membership at any time and have no further
obligation.
Terms and Usage
The following
are terms of a legal agreement between you and BargainOne,
("BargainOne"). By accessing, browsing and/or using
this site ("Site"), you acknowledge that you have
read, understood, and agree to be bound by these terms and
to comply with all applicable laws and regulations, including
U.S. export and re-export control laws and regulations. If
you do not agree to these terms, do not use this Site. Law,
including, but not limited to, United States Copyright law
and international treaties protects the material provided
on this Site. This Site is controlled and operated by BargainOne
from its offices within the United States. BargainOne makes
no representation that materials in the Site are appropriate
or available for use in other locations, and access to them
from territories where their content are illegal is prohibited.
Those who choose to access this Site from other locations
do so on their own initiative and are responsible for compliance
with applicable local laws. Any claim relating to, and the
use of, this Site and the materials contained herein is governed
by the laws of the state of Maryland. The trademarks, service
marks, and logos (the "Trademarks") used and displayed
on this Site are registered and unregistered Trademarks of
BargainOne and others. Nothing on this Site should be construed
as granting, by implication, estoppel, or otherwise, any license
or right to use any Trademark displayed on the Site, without
the written permission of the Trademark owner. BargainOne
aggressively enforces its intellectual property rights to
the fullest extent of the law. The name of the BargainOne
or the BargainOne logo may not be used in any way, including
in advertising or publicity pertaining to distribution of
materials on this Site, without prior, written permission.
BargainOne prohibits use of the BargainOne logo as a "hot"
link to any BargainOne site unless establishment of such a
link is approved in advance by BargainOne in writing.
Disclaimer Warranty
The materials
on this site are provided "as it" without warranties
of any kind either express or implied. To the fullest extent
possible pursuant to the applicable law, BargainOne disclaims
all warranties, expressed or implied, including, but not limited
to, implied warranties or merchantability, fitness for a particular
purpose, non-infringement or other violation of rights. BargainOne
does not warrant or make any representations regarding the
use, validity, accuracy, or reliability of, or the results
of the use of, or otherwise respecting, the materials on this
site or any sites linked to this site.
Limitation
Membership
is limited to individuals 18 years and older. Free trials
are only available to first time customers and cannot be combined
with any other offer. Your membership is solely for personal
use. You agree not to provide access to non-members through
your account. You, the member, are fully responsible for all
activities under your password or account. BargainOne will
not be liable for any loss or damage arising from such activities,
and reserves the right to terminate your access to Our Services,
with or without notice. You agree not to access, reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of our Services.
Limitation of Liability
Under
no circumstances, including, but not limited to, negligence,
shall BargainOne be liable for any direct, indirect, special,
incidental or consequential damages, including, but not limited
to, loss of data or profit, arising out of the use, or the
inability to use, the materials on this site, even if BargainOne
or a BargainOne authorized representative has been advised
of the possibility of such damages. If your use of materials
from this site results in the need for servicing, repair or
correction of equipment or data, you assume any costs thereof.
Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion
may not apply to you.
Indemnification
As a Receiving
Party of BargainOne.com, you agrees to indemnify and hold
harmless BargainOne companies and it's Contractor, representatives,
officers and directors, affiliates, and their employees, agents,
suppliers and contributors, from any claims, costs, damages,
or expenses, damage or loss that may arise from use and misuse
of this website or any derivative thereof by the Receiving
Party. BargainOne reserves the right and control of any matter
otherwise subject to indemnification by you. You, the Receiving
Party, agrees to provide defense for and defend any such claims,
demand, or suit at its sole expense and agrees to bear all
other costs and expenses related thereto.
Choice of Law and Forum
These
Terms are governed by Maryland laws. Any action to enforce
or interpret them shall be brought and maintained exclusively
in the Superior Court of the State of Maryland in Upper Marlboro.
The parties irrevocably submit to the jurisdiction of said
court and waive all objections thereto and the right to remove
such action to a Federal District Court.
Our Transmissions
Any material,
information or idea you transmit to or post on this Site by
any means will be treated as non-confidential and non-proprietary,
and may be disseminated or used by BargainOne or its affiliates
for any purpose whatsoever, including, but not limited to,
developing, manufacturing and marketing products. You are
prohibited from posting or transmitting to or from this Site
any unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material,
or any other material that could give rise to any civil or
criminal liability under the law.
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