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CHRISTIAN BUSINESS EXCHANGE TERMS OF USE AGREEMENT
TABLE OF CONTENTS
Welcome to WWW.SHOPCBEX.COM (the “Site,” “us,” “our,” or “we”), the official website for the Christian Business Exchange ("CBEX"). This site is owned and operated by CBS Radio Inc. of Maryland d/b/a WPGC(AM) ("Owner and Operator"), a subsidiary of CBS Radio Inc. (“CBS Radio”). This Site provides an online classified advertising service that acts as the broker/conduit for users located in the Washington-Baltimore Metropolitan Area that wish to sell (“Sellers”) select “family-friendly” goods and services (“Products”) to other users that wish to purchase such Products (“Buyers”). We are not involved in the actual transaction between Buyers and Sellers; no transactions are conducted by the Site directly - not even those Products sold by CBEX itself. Buyers must pay for all Seller Products using PayPal, an independent, secure third party payment provider. There are no fees for Buyers using the Site; Buyers only pay the cost of the Product to be purchased. Sellers are subject to fees as detailed in the CBEX Seller Agreement. (Please see below for information regarding the CBEX Seller Agreement.)
ELIGIBILITY AND ACCEPTANCE OF TERMS
Unless specified otherwise on the Site, users must be at least 18 years or older(or the age of legal adulthood in your place of residence) and a resident of the United States before posting, selling or purchasing items through the Site or participation in any other authorized activity. Users under the age of 18 are permitted to browse the Site, but are unable to participate in activities or transact any business through, on, or with the Site. By your participation in our Site activities, you certify that you are at least 18 years of age and meet any other eligibility requirements of the Site.
This page states the terms and conditions forming the agreement under which you may use this Site. Please read this page carefully. If you do not accept this Terms of Use Agreement ("Agreement"), please do not use this Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"). If you post Products for sale, you certify that you understand, acknowledge and agree to the terms of the CBEX Seller Agreement. The Site may provide rules of participation ("Rules of Participation") for certain activities and services including, but not without limitation, user clubs, awards programs, contests, or sweepstakes . This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, and the CBEX Seller Agreement if you are a Seller, Additional Terms, or Rules of Participation, including any indemnifications, warranties, and limitations of liability. The Site's Additional Terms, the CBEX Seller Agreement, Privacy Policy, and the Rules of Participation are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and the CBEX Seller Agreement or Additional Terms for the activity in which you choose to participate, the CBEX Seller Agreement and the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules of Participation for the activity in which you choose to participate, unless designated otherwise, this Agreement shall govern. We may revise this Agreement at any time by updating this posting without notice to you. Such revisions are effective to you as a user of this Site immediately upon posting. You should visit this page periodically to review the Agreement, because they are binding on you. The terms "you" and "user" as used in this Agreement refer to all individuals and/or entities accessing this Site for any reason, including both Sellers and Buyers.
SITE’S LIABILITY FOR PURCHASE OF GOODS AND SERVICES
Except for those Products for sale by CBEX, we have no responsibility, control or liability whatsoever for Products you may obtain from or through other Sellers, websites or webpages, even if you were directed or linked to such a website or webpage through this Site. Additionally, we have no responsibility for, control over, and do not guarantee the integrity, quality, legality, safety, operability of any Products or the truth and accuracy of any Postings.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE SITE, ITS OWNER AND OPERATOR, PARENT COMPANY(S), CORPORATE AFFILIATES, SUPPLIERS, OR OPERATIONAL SERVICE PROVIDERS AND EACH OF THEIR SUCCESSORS OR ASSIGNS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SAVINGS, OR LOSS OF GOOD WILL. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
THE SITE IS NOT RESPONSIBLE FOR ANY LOST, STOLEN OR DAMAGED MERCHANDISE. IF ANY OF THE AFOREMENTIONED EVENTS OCCUR, THE USER MUST DIRECTLY CONTACT THE SELLER FROM WHOM THE PRODUCT WAS PURCHASED.
Upon a Buyer’s purchase of a Product, the transfer of legal ownership or title of a Product from the Seller to the Buyer is not completed until the physical delivery of the Product has been completed, consistent with Uniform Commercial Code § 2-401(2), unless the Buyer and Seller expressly agree otherwise in writing. Disputes regarding legal ownership and any other issues are to be resolved solely between the Buyer and Seller.
See the sections titled “Indemnification and Limitation of Liability” and “Disclaimer of Warranties” in this Agreement for additional information regarding the limitation of liabilities and disclaimers of warranty for use of this Site.
INFORMATION ABOUT PRODUCTS SOLD ON CBEX BY CBEX
If a Product sold on this Site by CBEX (not by other Sellers) is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your credit or debit card account has been charged (in which event we will request PayPal to credit to your account in the amount of the charge).
Our creation or transmission of an order confirmation does not signify final acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. CBEX Products on the Site are offered for sale only to end user customers or as personal gifts to end user customers and are not for commercial resale. We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site.
If an order consists of multiple items, they may be shipped separately depending on availability.
COPYRIGHT, TRADEMARK, AND PROPRIETARY RIGHTS
The contents of this Site, including all software, design, text, graphics, artwork, images, photographs, audio clips, video clips, and other material, including the selection and arrangements thereof, copyrights, trademarks, service marks and trade names (the "Material"), are the property of or under the control of CBS Radio and/or its subsidiaries, affiliates, assigns, licensors, the Site's design, hosting, programming and contest management/prize fulfillment vendors (collectively "operational service providers") and/or the Site's Sellers, and advertisers, sponsors, and promotional partners (collectively "Advertisers"). The Material is protected, without limitation, pursuant to United States and foreign copyright, trademark and other applicable laws. Unauthorized use of the Material may violate such laws.
You understand, acknowledge and agree that the Site hereby grants you a limited personal, non-exclusive, non-assignable and non-transferable license that authorizes you to use and display the Material, provided that you retain all copyright, trademark and other proprietary notices contained in the original Material on any copy you may make of the Material. You further agree that you will not, in whole or in part, sell, lease, rent, exchange, reproduce, archive, modify, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, or circulate to any third party or on any third party website, or otherwise use the Material in any way for any public or commercial purpose without the express written approval from CBS Radio Inc. or the authorized owner. Without the express written approval of CBS Radio, you also agree not to reproduce, display or use in any manner, CBS Radio’s or the Site’s trademarks, including without limitation, CBS RADIO, WPGC(AM) and any other CBS Radio Station names and call letters, domain names, logos, slogans, and contest and program names. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.
You are authorized to download and view a single copy of the Material on the Site solely for your personal, noncommercial use provided that you shall not, nor will you allow any third party (whether or not for your benefit) to copy, adapt the object code of the Site's software, HTML, JavaScript, or otherwise, or reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its pages on the website. It is understood that Sellers and certain Buyers such as other business entities, will download and view a single copy of the Material for commercial purposes related directly to the sale of Products on the Site; we grant consent for such use.
Access to the Materials may not be lawful by certain persons or in certain countries. You also understand, acknowledge and agree that downloading of any object code or software by website users in restricted countries is prohibited. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Notwithstanding any statement to the contrary in this Agreement, you will not use or attempt to use, and shall cause each other party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, avatars or intelligent agents) to navigate or search the Site other than (a) the search engine and search agents available from the Site and (b) generally available third party web browsers (e.g., Netscape Navigator or Microsoft Internet Explorer).
COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS
As stated above, we prohibit the posting of any information that violates or infringes the copyright rights of any person or entity. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you must provide our DMCA Copyright Agent with a written notification. To be effective, the notification must contain the following information in accordance with the Digital Millennium Copyright Act:
- An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the notification.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site.
- Identification of the copyrighted work claimed to have been infringed or will be the subject of infringing activity and that is to be removed or disabled, in addition to information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as the party’s name, address and daytime telephone number, and an e-mail address, if available.
- A statement that the complaining party has a good faith belief that the use of the infringing copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
This Site’s DMCA Copyright Agent for receiving claims of copyright infringement is:
S. Jenell Trigg, Esq.
DMCA Copyright Agent
CBS Radio Inc.
c/o Leventhal Senter & Lerman PLLC
2000 K Street, NW, Suite 600
Washington, DC 20006-1809
202-429-8970 (Phone)
202-293-7783 (Fax)
email: CBSRadioDMCAAgent@lsl-law.com
The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement on this Site. Correspondence pertaining to other matters will not receive a response if sent to the above contact information.
We will remove or disable access to any posted submission for which we have received a notice of claimed copyright infringement (or, more specifically, any notification in substantial conformance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)). We will also terminate the account, membership and/or access to the Site for repeat or egregious offenders. United States law provides significant penalties for submitting a false or fraudulent claim of copyright infringement.
USER CONDUCT
The Site’s main purpose is to provide sellers an opportunity to post Products for sale ("Postings"). These Postings may contain text, photographs, graphics or artwork. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you, the user, and not this Site, are entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Users may not: 1) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; 2) post material that reveals trade secrets, unless you own them or have the permission of the owner to do so; 3) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; 4) post material that is considered by the Site, in its sole judgment, to be obscene, indecent, defamatory, threatening, harassing, tortuous, abusive, hateful, embarrassing or harmful to another user or any other person or entity; 5) post a sexually-explicit image or statement; 6) post advertisements or solicitations of business; 7) post chain letters or pyramid schemes; or 8) post any incomplete, false, fraudulent or inaccurate biographical information or general information which is not your own information, or impersonate another person.
You further understand, acknowledge, and agree that by any access to or registration as a Seller on the Site, you are prohibited from use of the Site for any of the purposes below in addition to the conduct listed above:
- Posting a Seller’s page and/or profile for anything other than to participate in the sale of authorized Products.
- Sending a message to a user for any reason other than to participate in the sale of authorized Products.
- Deleting or revising any content or material posted by any other person or entity.
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting for any reason.
Any Products for sale featured on the Site are the property of the Seller who has contracted with the Site to post the merchandise on the Site for purchase by Buyers and has agreed to the terms of the CBEX Seller Agreement. Buyers are prohibited from failing to deliver payment for Product, unless the Seller has materially changed the description of the Product, the Product was damaged upon delivery, a clear typographical error was made in the Posting for the Product that materially changed the price or the description of the Product, or the Buyer is unable to ascertain the Seller’s identity. Sellers are prohibited from failing to deliver Products purchased by Buyers unless the Buyer has failed to satisfy the material terms and conditions of the Posting or a Seller cannot ascertain the Buyer’s identity.
The Site does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of Postings by users and does not endorse any opinions, products, or services, which may be expressed or offered for sale by any user. You further agree that any reliance on such Postings by other users will be at your own risk. We do not regularly review, screen or monitor the Site and we assume no obligation to do so and will not be liable or responsible to any user for performance or nonperformance of such material. If notified by a user of any Posting or communication which allegedly does not conform to this Agreement, we may, in our sole discretion, investigate the allegation and may thereafter determine, in our sole discretion, whether or not to remove or request the removal of the material. You understand, acknowledge and agree that we reserve the right to expel users and prevent their further access to the Site for violating this Agreement or any applicable law, and may remove communications which are considered to be, in our sole judgment, unlawful, harmful, threatening, abusive, obscene, indecent, libelous, disruptive, hateful, infringing, or racially, ethnically or otherwise objectionable.
You also grant the Site, its Owner and Operator, parent company(s), affiliates, and each of their successors and assigns, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, retransmit, translate, create derivative works from, distribute, communicate to the public, publicly perform or display such content (in whole or in part), and/or to incorporate it in other works in any form, media, or technology now known or later developed, for so long as any rights exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license set forth in this agreement. You also permit any other user to access, display, view, store and reproduce such content for such user's personal use. Subject to all of the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.
EMAIL
Email is an important communications channel for the Site. All email sent to us should be generated by the person in whose name the email account is registered. Email users shall not mask their identity by using a false name or another person's name or account. We will use your email address and the content of any email for administrative and correspondence purposes and to send you information that you may request. We may be required under Federal law to keep and disclose to the general public certain email that addresses the programming and operations of WPGC(AM). Please see our Privacy Policy for details.
Any non-personal content you provide to the Site by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential and we assume no obligation to protect such information from disclosure. You understand, acknowledge, and agree that the submission of such information shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by the Station, this Site and corporate affiliates, for any purpose whatever, and we shall be free to reproduce, use, disclose and distribute such content without restriction.
ADVERTISING AND OTHER THIRD-PARTY CONTENT
In addition to Postings by Sellers, this Site may provide banner and general advertising, and other content provided by our Advertisers. You understand, acknowledge, and agree that such third party content on this Site is not an endorsement by the Site or its Owner and Operator of the goods, services or messages conveyed in the content or the business practices (including the privacy policies) of such third party content providers. Users may from time to time enter into correspondence with or participation in the advertising or promotions offered through the Site. However, all such correspondence, including, without limitations, and resulting contractual agreements are solely between the Advertiser and the user. You further agree that the Site is not responsible for upholding any applicable terms, conditions, representations of warranties made by Advertisers or other third parties in connection with an agreement between users, or the purchase of goods and services offered by Advertisers or other third parties.
HYPERLINKS TO THIRD-PARTY WEBSITES
This Site often provides links to third party websites and other resources that could be of interest to our users, including the websites of our Advertisers. You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by the Site or the Owner or Operator of the content, advertising or business practices (including the privacy policies) of such third party websites, whether the CBS Radio’s, WPGC(AM)’s or the Site’s logo or sponsorship identification is on the third party website, or whether the Site conducts "framing," which allows a user to access several webpages or websites while still viewing a header or border from this Site. These third party websites may have different privacy policies and business practices than we do. Therefore, we do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such websites. You further agree that the Site, its Owner and Operator, parent company(s), corporate affiliates, and each of their successors and assigns, respective officers, directors, shareholders, employees, representatives, agents, and operational service providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third party sites. If you decide to access and use linked third party websites, you understand, acknowledge, and agree that you do so at your own risk.
This Site may offer various Products for sale by it or its Owner and Operator, or direct or link to other websites that sell goods and services.
PRIVACY POLICY
To participate in various activities on the Site, you will be asked to provide certain true, complete and current Personal Information or Sensitive Personal Information. All Personal Information, Sensitive Personal Information, and any additional type of information collected from users in general are subject to our Privacy Policy, which is incorporated by reference into this agreement. For more information, see our official Privacy Policy.
By submitting content to any area of the Site open to the other users or the general public (which includes, but is not limited to, contests, emails regarding Station programming, or Public Areas), you understand, acknowledge and agree that your content will be considered "Public Material" and will not be subject to the privacy protections generally afforded your Personal Information.
You further agree that the Site may save and archive any content of any nature posted to the Site and that the Site may, without liability to any user, disclose such content if required to do so by law or to comply with legal processes; to respond to claims that any of the content violates the property, privacy, publicity or any other rights of another individual, organization or corporation; or to protect the rights, property or safety of the Station, the Site, its corporate affiliates, Advertisers, employees, suppliers, operational service providers, users and members of the public.
MODIFICATION, SUSPENSION OR DISCONTINUANCE OF SITE
The Site reserves the right, at its sole discretion and at any time, to modify, suspend, or discontinue the service (or any part thereof) offered on the Site, on a temporary or permanent basis, with or without notice. You understand, acknowledge and agree that the Site will not be liable to you or to any third party for any such modification, suspension or discontinuance of the service offered by the Site.
SECURITY OF THE SITE
Sellers should have only one unique user name with one unique password. If you are found to share passwords with or transfer passwords to any non-registered, or non-authorized Seller, the CBEX Seller Agreement between you and the Site will be terminated immediately without notice. You understand, acknowledge and agree that no refunds of the CBEX set-up fee or broker transaction fees will be provided.
The following actions are also prohibited for all users:
- Accessing data not intended for such user or logging into a server or account in which the user is not authorized to access.
- Attempting to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the Site without proper authorization.
- Forging any headers or otherwise manipulation of Site identifiers in order to disguise the origin of transmission through the Site.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," spimming,” "mailbombing," “phishing,” or "crashing" the Site or the server of any user.
- Sending unsolicited commercial email individually or in bulk (also called, Spam), which promotes or advertises CBEX, the Station, the Site, or any other activity, program, product, or service.
- Harvesting email addresses off this Site through an automated process.
- Bypassing this Site's homepage via deep-linking or any other means, or framing this Site, or any webpage or material on the Site without the express written permission from CBS Radio. Users are also prohibited from hyperlinking to this Site or any webpage in an email sent for commercial purposes, without the express written permission of CBS Radio.
- Attempting to gain unauthorized access to the Site's features or activities, interfering with or manipulating in any manner the entry or registration process for contests, sweepstakes, surveys, opinion polls, chat rooms, message or bulletin boards, or any other interactive features and activities on this Site.
- Falsifying identification or impersonating any person or entity, including, but not limited to, a Site or Station official, chat room or public forum leader, host, or guide, when accessing or participating in such features and activities.
- Setting up fake sites or other dummy sites that appear to be the Site, mirroring the Site's contents, or otherwise copying any part of the Site Material and/or layout.
Violations of the Site's system or network security may result in civil or criminal liability. The Site will investigate possible violations of system or network security and may involve, and cooperate with a user's employer, Internet Service Provider, and/or law enforcement authorities in investigating and/or prosecuting users who are involved in such violations. The Site will also terminate the membership of any person that the Site believes, in its sole judgment, to have violated its security provisions.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You understand, acknowledge, and agree to defend, indemnify, and hold harmless the CBEX, its Owner and Operator, its parent company(s), corporate affiliates, and each of their successors and assigns, Advertisers, suppliers and operational service providers and their respective officers, directors, shareholders, employees, representatives and agents, or others involved in creating, promoting, or otherwise making available this Site (excluding Sellers) from and against any claims, actions, costs, expenses, or demands, including, without limitation, reasonable legal and accounting fees, resulting from any content you submit, post to or transmit through this Site, your use of the Site, your violation of this Agreement, your violation of any rights of another, or otherwise arising out of your use of this Site in any manner. The Site will attempt to provide notice to you promptly of any such claim, suit, or proceeding and will assist you, if requested and at your expense, in defending any such claim, suit or proceeding. We reserve the right to take exclusive control and defense of any such claim subject to indemnification by you, in which event you will cooperate fully with this Station in asserting any available defenses.
The Site and its Material may contain technical inaccuracies, typographical errors, and out of date information. The Site makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Material, and the Site makes no warranty that the Site will meet your requirements or that a Buyer and Seller will actually complete a transaction. You understand, acknowledge, and agree that the use of the Site and the Material is at your own risk. The Site reserves the right to make changes to the Site and Material at any time.
IN NO EVENT SHALL THE SITE, ITS OWNER AND OPERATOR, PARENT COMPANY(S), CORPORATE AFFILIATES, EACH OF THEIR SUCCESSORS OR ASSIGNS, AND THE SITE'S ADVERTISERS, SUPPLIERS, OR OPERATIONAL SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, ASSUME OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOOD WILL, OR YOUR USE OR YOUR INABILITY TO USE THE SITE, OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, OR THE USE AND/OR APPEARANCE OF THE MATERIAL ON THIS SITE, ACCESS TO ANY HYPERLINK ON THIS SITE, UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, OR ANY OTHER INTANGIBLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER OF WARRANTIES
THE SITE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER OR SOFTWARE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE, SOFTWARE, OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU UNDERSTAND ACKNOWLEDGE AND AGREE THAT THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION OR EXCLUSION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, DESIGN, TEXT, VIDEO CLIPS, AUDIO CLIPS, GRAPHICS AND ARTWORK, IMAGES, PHOTOGRAPHS, OTHER MATERIAL, LINKS AND OTHER DATA.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU BY OPERATION OF LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT THE AGGREGATE LIABILITY FOR THE COMPANY TO USERS FOR ALL CLAIMS ARISING FROM YOUR ACCESS, PURCHASE OF OR ATTEMPTED PURCHASE OF PRODUCTS, USE OR INABILITY TO ACCESS OR USE THIS SITE OR ANY OF THE MATERIAL OR SOFTWARE IS LIMITED TO $1.00 (ONE DOLLAR AND ZERO CENTS)
USER AND SELLER TERMINATION OR SUSPENSION
The Site reserves the right, at its sole discretion, to terminate or suspend your status as a Seller or Buyer at any time, edit or delete any or all of your Postings, or block Seller, Buyer or other user access to the Site and/or any other service provided to you. The Site reserves the right to take such actions, with or without notice, for any reason or for no reason, and without any liability to the user.
LEGAL VENUE, GENERAL AND CONTACT INFORMATION
Except for matters related to copyright, trademark, or patent, which shall be governed by U.S. federal law, this Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within New York. You agree to submit to the personal jurisdiction of the courts in the State of New York for any cause of action arising out of this Agreement.
If any provision of this Agreement, or the application thereof to any person or circumstances, is found to be invalid or for any reason, unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity and application of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in this Agreement, in a particular "Legal Notice," or Software License or material on particular webpages, this Agreement constitutes the entire agreement between you and the Site with respect to the use of Site.
No changes to this Agreement shall be made except by a revised posting on this page and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to this Agreement, unless such an amendment, waiver or change is in writing from an authorized officer or representative of CBS Radio.
The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.
If you have any questions regarding this Agreement, please contact the Site's Privacy Administrator via email at Elaine.jackson@cbsradio.com, or contact:
WWW.SHOPCBEX.COM
4200 Parliament Place
Suite 300
Lanham, MD 20706
301-731-1580
ATTN: Privacy Administrator
This Terms of Use Agreement was last updated on May 3, 2007 and is effective immediately.
Copyright © 2007 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO & © 2007 CBS Broadcasting Inc. used under license. All Rights Reserved.
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