Effective Date: June 1, 2006
“No material modifications since the original Effective Date”
1. Parties. The parties to this Agreement are you, and the owner and operator of this web site: mark-my-time, LLC ("mark-my-time"). All references to "we", "us", "this web site" or "this site" shall be construed to mean mark-my-time.
4. Restrictions. Except as expressly authorized herein or in any separate written agreement signed by the parties or separate agreement originating from this site, you may not copy, modify, distribute, download, display, transfer, post, or transmit this site or its content in any form without mark-my-time's prior written permission.
5. Prohibited Activities. The following activities are also expressly prohibited without mark-my-time's prior written permission: any non-personal or commercial use, except as may be provided in any separate written agreement signed by the parties or separate agreement originating with this site; use of any robot, spider, other automatic device, or manual process to monitor or copy this site or any of its content; "mirroring" this site or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on this site or otherwise interferes with its functioning.
7. ECPA Notice. This web site treats email messages and other communications through this site as private. Exceptions are those permitted by law, included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA"). The ECPA permits our limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the commission of a crime. This site is not considered a "secure communications medium" under the ECPA.
8. USA Patriot Act Notice. The U.S. federal USA Patriot Act ("USA Patriot Act") provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.
10. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of this site is owned by mark-my-time or others. Except for the limited rights granted above, all other rights are reserved. All trademarks are the property of their respective owners.
11. Accuracy of Information and Disclaimer of Warranty. Mark-my-time has made every effort to present the content on this site accurately, but additions, deletions and changes may occur. Except as may be provided in any separate agreements originating from this site, products, services, and/or content on this site is provided “as is”, and neither mark-my-time nor its representatives make any representation or warranty with respect to such products, services, and/or content. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, mark-my-time AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
12. Limitation of Liability. Under no circumstances will mark-my-time or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this site or its content, even if they have been advised of the possibility of such damages. You access and use this site at your own risk.
13. Links to This Site. Mark-my-time grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray mark-my-time or its products or services in a false, misleading, derogatory, or offensive matter. You may not use the mark-my-time logo, mark-my-time trademark, or mark-my-time’s name or trademarks, or other proprietary graphic in the link without the prior written permission of mark-my-time.
15. Participation In Promotions Of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site ("Advertisers"). Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each Advertiser.
16. Consumer Rights Information; California Civil Code Section 1789.3. Pricing information is posted as part of the ordering page(s) for this site. Mark-my-time maintains specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to mark-my-time's agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
You may contact mark-my-time with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
17. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Phoenix, Arizona, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Arizona, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
19. Controlling Law. This Agreement shall be construed under the laws of the State of Arizona, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
20. Transfer of Personally Identifiable Information Outside Your Country of Residence. We will ask you when we need information that personally identifies you or allows us to contact you (which re refer to as "PII"). Any PII which we may collect on this site, such as for example, if you register and provide your email address, may be stored and processed in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. By using this site, you consent to any such transfer of PII outside your country of residence.
21. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.