These Terms and Conditions of Use ("Agreement") is a legal agreement between you and National Merchant Center (hereinafter referred to as "Website Owner"), the owner and developer of http://www.nationalmerchant.com/. By registering for any service provided on http://www.nationalmerchant.com/ you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY NATIONAL MERCHANT CENTER SERVICE. The Terms are subject to change at any time, effective upon notice to you.
YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO http://www.nationalmerchant.com/. NATIONAL MERCHANT CENTER RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
Limitations of Liability and Indemnification. By using the National Merchant Center website, you agree that in no event will Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by Website Owner shall be a return of any fees paid to Website Owner for any services provided under this Agreement. You indemnify and agree to defend and hold harmless Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of National Merchant Center website, including any breach by you of the Terms contained in this Agreement.
Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on National Merchant Center website. You understand that Website Owner does not perform psychological testing or background checks on the individuals who may use the National Merchant Center website. You understand and agree that you must take all reasonable precautions.
Submitted Information. You agree not to submit to the National Merchant Center website any information that infringes upon or violates the privacy, rights, trademarks, copyrights or other intellectual property rights of others, anything that is illegal, defamatory, obscene, harassing, offensive, objectionable or sexually explicit, that encourages a violation of the law, that contains a virus, that is off-topic, or, without Website Owner permission, that contains any solicitation or advertising. You agree to indemnify and hold harmless Website Owner from any damages and costs, including without limitation court costs and attorneys' fees, arising from your use of the National Merchant Center website. By submitting information to the National Merchant Center website, you grant Website Owner the royalty-free, perpetual, irrevocable, non-exclusive right to use, edit, copy, modify, adapt, combine, incorporate, publish, publicly perform, translate and distribute all or part thereof in any form and for any purpose whatsoever, and you also permit other users of the National Merchant Center website to use that information subject to the rules of the National Merchant Center website. Website Owner shall have the right, but not be obligated to, monitor the National Merchant Center website to determine users' compliance with this Agreement and applicable laws. Website Owner shall have the right in its sole discretion to not publish or remove any submitted information.
Do Not Rely on National Merchant Center. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Website Owner. Website Owner does not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
Right to Monitor. Website Owner reserves the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
Confidentiality. It is agreed that all personal information given to Website Owner, will be kept confidential by Website Owner, with the following exceptions: (1) basic biographical information (2) you actively chose to post your personal information for others to see; or (3) you have harassed another person via any service provided by National Merchant Center, in which case the confidentiality clause contained in this Agreement is rendered null and void.
Ownership, Copyrights, Trademarks, Licenses. Website Owner owns and retains all proprietary rights to the National Merchant Center services, trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of Website Owner.
No Warranties. Website Owner provide the National Merchant Center services on an "as is" basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, Website Owner does not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of California, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the County of Orange, and you hereby consent to the jurisdiction of any such court.
Waiver of Jury Trial and Class Action. ALL PARTIES IRREVOCABLY WAIVE ANY AND ALL RIGHTS THEY MAY HAVE TO A TRIAL BY JURY OR TO PARTICIAPE IN ANY CLASS ACTION AGAINST THE OTHER IN ANY JUDICIAL PROCEEDING INVOLVING ANY CLAIM RELATING TO OR ARISING UNDER THIS AGREEMENT.
Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on National Merchant Center website will be truthful. In accessing and using the National Merchant Center website, you understand and agree that basic information concerning you is given to Website Owner. Your name, address and e-mail address are kept confidential, except where provided above.
Entire Agreement. This Agreement constitutes your entire Agreement with Website Owner with respect to any website services.
Waiver. The failure of Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website Owner must be in writing and signed by an authorized representative of the Website Owner.