TERMS OF USE

USER AGREEMENT.

This Website is registered to C3 Data, LLC. By using this Website, you agree to be bound by, and to comply with, these Terms of Use and the posted Privacy Policy, which is incorporated by reference into these Terms of Use as though fully set forth herein.  If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the Website, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Website.

CHANGES TO TERMS AND CONDITIONS AND POLICIES.

We reserve the right, at Company’s sole discretion, to change, modify or otherwise alter the Terms of Use or Privacy Policy, which appear on this Website at any time for any reason which change, modification or alteration is effective after the date upon which the updated policy was posted. Your continued use of the Website following the posting of changes and/or modifications will constitute your acceptance of the revisions and the reasonableness of notice of changes.

MARKETING DISCLOSURE.

All services and products ordered from this Website belong to third parties and not the owner of this Website.  The owner of this Website has a material financial connection to the provider of the goods and services referred to on the Website.  The owner receives payment for each potential customer referral.  Information regarding the products and services on this Website are provided by a third party owning or advertising such product and service on the Website and, therefore, the correctness of such information are unknown to the Website owner who does not undertake due diligence to confirm such third party representations regarding third party advertising claims.

PROHIBITED USER CONDUCT.

You are prohibited from any conduct that, in Company’s sole discretion, restricts or inhibits any other user from using or enjoying the Website or any linked Website.  You are prohibited from accessing or attempting to access private areas of the Website.  You are prohibited from using any data, content, and any information provided or used on the Website, as well as your use of Company’s Website, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties.  You are prohibited from using any data, content or information which contains or promotes any viruses, trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.  You are prohibited from making any attempt to earn or redeem rewards in a manner inconsistent with this Agreement.

INTELLECTUAL PROPERTY.

The content of this Website, such as text, graphics, images and other content (the "Website Material") are protected by copyright under both United States and foreign laws. These Terms of Use do not grant you any license whatsoever to the Website Material.  We authorize you to view and download a single copy of the Website Material for your non-commercial personal use. Unauthorized use of the Website Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Website Material on any copy of such material. Except as expressly provided herein, you may not sell or modify Company’s Website Material or reproduce, display, distribute, or otherwise use the Website Material in any way for any public or commercial purpose. Use of the Website Material on any other Website or in a networked environment is prohibited.

DISCLAIMER OF WARRANTIES.

A.        YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (iv) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK; (v) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OPENING ANY EMAIL SENT BY US; (vi) WE MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, THE RESULTS THAT MAY BE OBTAINED OR THE RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED OR ADVERTISED THROUGH THE WEBSITE OR THAT THE CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES ; AND (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

B.        EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS WEBSITE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, COMPANY’S LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

CLASS ACTION WAIVER.

You waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Website as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else.

BINDING ARBITRATION.

Any controversy, claim or dispute arising out of or relating in any way to your use of the Website shall be resolved by final and binding arbitration. The arbitration shall take place in Teton County, Wyoming in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents.  If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to participate in the arbitration. This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

GENERAL TERMS.

If any provision of these Terms of Use is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.  These Terms of Use and posted Privacy Policy set forth the entire understanding and agreement between us with respect to the subject matter contained herein, and supersede any other agreement, proposals and communications, written or oral, between Company’s representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms of Use or your use of the Website. Company’s performance of these terms and conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website, or information provided to or gathered by Company with respect to such use.