Terms of Service
By
signing up as an affiliate with The Allergy Store, you agree to the following
Terms of Service.
This
agreement is by and between The Allergy Store and/or their assigns and all
subscribers. Unless the context requires otherwise, The Allergy Store. and/or
their assigns shall be referred to as "us, we, or our" and you shall
be referred to as "you, your or subscriber."
You
understand that The Allergy Store. and/or their assigns does not guarantee or
predict any type of profit or response from said services. Subscriber agrees to
hold The Allergy Store harmless from and against any and all losses, claims,
expenses, suits, damages, costs, demands or liabilities, joint or several, of
whatever kind or nature which The Allergy Store and/or their assigns may become
subject arising out of or relating in any way to the use of the services
provided under this agreement, including, without limitation, in each case
attorneys' fees, costs and expenses actually incurred in defending against or
enforcing any such losses, claims, expenses, suits, damages or liabilities.
A.
Services to be Provided. We agree to pay you certain commissions as described on
our website for referral sales made by customers.
B.
Termination. We may terminate your account:
(a) if you
violate our Terms Of Service Policy; (b) promote The Allergy Store in a manner
that is unethical or inappropriate; or (c) for any reason, in our sole
discretion.
C. No
Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH
RESPECT TO THE SERVICE The Allergy Store , ITS SUBCONTRACTORS AND AFFILIATES
PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any
damages suffered by you, whether indirect, special, incidental, exemplary, or
consequential, including, by not limited to, loss of data or service
interruptions, regardless of cause or fault. We are not responsible for your
lost profits or for your loss of data or information. If notwithstanding this
clause we are held liable to you.
D. TERMS.
You agree: (1) to use our system in a manner that is ethical and in conformity
with community standards; (2) to respect the privacy of other users (you shall
not intentionally seek data or passwords belonging to other users, nor will you
modify files or represent yourself as another user unless explicitly authorized
to do so by that user); (3) to respect the legal protection provided by
copyright law, trade secret law, or other laws protecting intellectual property.
4) to accept commercial emails from us.
If we
learn of a violation or likely violation of our TERMS OF SERVICE, we will
attempt to notify you. If you do not take immediate remedial action which is
satisfactory to us, or in the event of a serious violation of the TERMS OF
SERVICE, we reserve the right to terminate your account immediately. Every
effort will be made to inform you prior to account termination, and to
re-establish your account upon receiving such representations from you as we
deem appropriate in the circumstances.
YOUR
SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR
SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and
legal actions as a result of your bulk email promotion..
E.
Assignment. This agreement is personal to you. You may not assign your rights
under this agreement without our prior written consent. If you do assign your
rights, as would be the case were someone other than you to use your account,
you shall remain liable to us for any fees due under this agreement. We may
assign this agreement at any time.
F. Change
of Terms and Conditions. We reserve the right to change the terms and conditions
of this agreement as needed. Use of our servers by you after said changes
constitutes acceptance of those new terms and conditions. If you do not agree to
the new terms and conditions, you may terminate this agreement in accordance
with Section B.
G.
Notification of Account Changes. You agree to provide us with such other
information relating to your use of this service as we deem necessary or
desirable. You agree to notify us if your address, email address, telephone
number, billing information changes.
H.
Notices. All notices, requests, demands, and other communications under this
agreement shall be in writing and shall be deemed to have been given on the date
of delivery: if delivered personally to the party to whom notice is to be given;
if sent by electronic mail with a cc: to sender; if sent by fax; or on the third
day after mailing by first class mail.
I. General
Provisions. The subject headings of the articles and sections are for
convenience only, and shall not affect the construction or interpretation of any
of its provisions. If any portion of this agreement is found invalid or
unenforceable, that portion shall be severed and the remainder of this agreement
shall remain in force. This agreement constitutes the entire agreement between
us pertaining to its subject matter and supersedes all of our prior agreements,
representations, and understandings. Subject to Section I, no supplement,
modification, or amendment of this agreement shall be binding unless executed in
writing by both parties. No waiver of any of the provisions of this agreement
shall be deemed, or shall constitute, a waiver of any other provision, whether
or not similar, nor shall any waiver constitute a continuing waiver. No waiver
shall be binding unless executed in writing by the party making the waiver. This
agreement may be executed in one or more counterparts. Each shall be deemed an
original, but all of which together shall constitute one and the same
instrument. If an organization is the subscriber, the individual signing up for
our services represents that he or she is duly authorized to enter into this
agreement on behalf of that organization. In the event of a dispute, the parties
agree to submit the matter to the Community Dispute Resolution Service or any
recognized Arbitration Board located within our state and county, before
instituting litigation.
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