Serph-Enterprises.com
TERMS OF USE
Last Revised:
January 13, 2011
PLEASE READ THESE
TERMS OF USE
CAREFULLY, AS THEY
CONTAIN IMPORTANT
INFORMATION
REGARDING YOUR LEGAL
RIGHTS AND REMEDIES.
1. OVERVIEW
Welcome to this
website (this
"Site"), which is
owned and operated
by
Serph-Enterprises.com,
a/an AZ sole
proprietor
("Serph-Enterprises.com").
These Terms of Use
(these "Terms of
Use") set forth the
terms and conditions
of your use of this
Site and the
products and
services
(individually and
collectively, the
"Services") found at
this Site.
Whether you are
simply browsing this
Site or are a
Serph-Enterprises.com
customer, your use
of this Site
signifies that you
have read,
understand,
acknowledge and
agree to be bound by
these Terms of Use,
along with the
following policies
and agreements,
which are
incorporated herein
by reference:
Privacy Policy
Anti-Spam Policy
Civil Subpoena
Policy
Criminal Subpoena
Policy
Dispute On Transfer
Away Form
Uniform Domain Name
Dispute Resolution
Policy
ICANN Registrar
Transfer Dispute
Resolution Policy
Trademark and/or
Copyright
Infringement Policy
The terms "we", "us"
or "our" shall refer
to
Serph-Enterprises.com.
The terms "you",
"your", "User" or
"customer" shall
refer to any
individual or entity
who accepts these
Terms of Use by
using this Site or
the Services found
at this Site.
Nothing in these
Terms of Use shall
be deemed to confer
any third-party
rights or benefits.
Serph-Enterprises.com,
in its sole and
absolute discretion,
may change or modify
these Terms of Use,
and any policies or
agreements which are
incorporated herein,
at any time, and
such changes or
modifications shall
be effective
immediately upon
posting to this
Site. You
acknowledge and
agree that (i)
Serph-Enterprises.com
may notify you of
such changes or
modifications by
posting them to this
Site and (ii) your
use of this Site or
the Services found
at this Site after
such changes or
modifications have
been made (as
indicated by the
"Last Revised" date
at the top of this
page) shall
constitute your
acceptance of these
Terms of Use as last
revised. If you do
not agree to be
bound by these Terms
of Use as last
revised, do not use
(or continue to use)
this Site or the
Services found at
this Site.
2. ELIGIBILITY;
AUTHORITY
This Site and the
Services found at
this Site are
available only to
Users who can form
legally binding
contracts under
applicable law. By
using this Site or
the Services found
at this Site, you
represent and
warrant that you are
(i) at least
eighteen (18) years
of age and/or (ii)
otherwise recognized
as being able to
form legally binding
contracts under
applicable law.
If you are agreeing
to these Terms of
Use on behalf of a
corporate entity,
you represent and
warrant that you
have the legal
authority to bind
such corporate
entity to these
Terms of Use, in
which case the terms
"you", "your",
"User" or "customer"
shall refer to such
corporate entity.
If, after your
agreement to these
Terms of Use,
Serph-Enterprises.com
finds that you do
not have the legal
authority to bind
such corporate
entity, you will be
personally
responsible for the
obligations
contained in these
Terms of Use.
Serph-Enterprises.com
shall not be liable
for any loss or
damage resulting
from Serph-Enterprises.com’s
reliance on any
instruction, notice,
document or
communication
reasonably believed
by
Serph-Enterprises.com
to be genuine and
originating from an
authorized
representative of
your corporate
entity. If there is
reasonable doubt
about the
authenticity of any
such instruction,
notice, document or
communication,
Serph-Enterprises.com
reserves the right
(but undertakes no
duty) to require
additional
authentication from
you.
3. ACCOUNTS;
TRANSFER OF DATA
ABROAD
Accounts. In order
to access some of
the features of this
Site or use some of
the Services found
at this Site, you
will have to create
an account (an
"Account"). You
represent and
warrant to
Serph-Enterprises.com
that all information
you submit when you
create your Account
is accurate, current
and complete, and
that you will keep
your Account
information
accurate, current
and complete. If
Serph-Enterprises.com
has reason to
believe that your
Account information
is untrue,
inaccurate,
out-of-date or
incomplete,
Serph-Enterprises.com
reserves the right,
in its sole and
absolute discretion,
to suspend or
terminate your
Account. You are
solely responsible
for the activity
that occurs on your
Account, whether
authorized by you or
not, and you must
keep your Account
information secure,
including without
limitation your
customer
number/login,
password, payment
method(s), and
shopper PIN. For
security purposes,
Serph-Enterprises.com
recommends that you
change your password
and shopper PIN at
least once every six
(6) months for each
Account you have
with
Serph-Enterprises.com.
You must notify
Serph-Enterprises.com
immediately of any
breach of security
or unauthorized use
of your Account.
Serph-Enterprises.com
will not be liable
for any loss you
incur due to any
unauthorized use of
your Account. You,
however, may be
liable for any loss
Serph-Enterprises.com
or others incur
caused by your
Account, whether
caused by you, or by
an authorized
person, or by an
unauthorized person.
Transfer of Data
Abroad. If you are
visiting this Site
from a country other
than the country in
which our servers
are located, your
communications with
us may result in the
transfer of
information
(including your
Account information)
across international
boundaries. By
visiting this Site
and communicating
electronically with
us, you consent to
such transfers.
4. GENERAL RULES OF
CONDUCT
You acknowledge and
agree that:
Your use of this
Site and the
Services found at
this Site, including
any content you
submit, will comply
with these Terms of
Use and all
applicable local,
state, national and
international laws,
rules and
regulations.
You will not
impersonate another
User or any other
person or entity, or
submit content on
behalf of another
User or any other
person or entity,
without their
express prior
written consent.
You will not collect
or harvest (or
permit anyone else
to collect or
harvest) any User
Content (as defined
below) or any
non-public or
personally
identifiable
information about
another User or any
other person or
entity without their
express prior
written consent.
You will not use
this Site or the
Services found at
this Site in a
manner (as
determined by
Serph-Enterprises.com
in its sole and
absolute discretion)
that:
Is illegal, or
promotes or
encourages illegal
activity;
Promotes, encourages
or engages in
defamatory,
harassing, abusive
or otherwise
objectionable
behavior;
Promotes, encourages
or engages in child
pornography or the
exploitation of
children;
Promotes, encourages
or engages in hate
speech, hate crime,
terrorism, violence
against people,
animals, or
property, or
intolerance of or
against any
protected class;
Promotes, encourages
or engages in any
spam or other
unsolicited bulk
email, or computer
or network hacking
or cracking;
Violates the Ryan
Haight Online
Pharmacy Consumer
Protection Act of
2008 or similar
legislation, or
promotes, encourages
or engages in the
sale or distribution
of prescription
medication without a
valid prescription;
Infringes on the
intellectual
property rights of
another User or any
other person or
entity;
Violates the privacy
or publicity rights
of another User or
any other person or
entity, or breaches
any duty of
confidentiality that
you owe to another
User or any other
person or entity;
Interferes with the
operation of this
Site or the Services
found at this Site;
Contains or installs
any viruses, worms,
bugs, Trojan horses
or other code, files
or programs designed
to, or capable of,
disrupting, damaging
or limiting the
functionality of any
software or
hardware; or
Contains false or
deceptive language,
or unsubstantiated
or comparative
claims, regarding
Serph-Enterprises.com
or Serph-Enterprises.com’s
Services.
You will not copy or
distribute in any
medium any part of
this Site or the
Services found at
this Site, except
where expressly
authorized by
Serph-Enterprises.com.
You will not modify
or alter any part of
this Site or the
Services found at
this Site or any of
its related
technologies.
You will not access
Serph-Enterprises.com
Content (as defined
below) or User
Content through any
technology or means
other than through
this Site itself, or
as
Serph-Enterprises.com
may designate.
You agree to back-up
all of your User
Content so that you
can access and use
it when needed.
Serph-Enterprises.com
does not warrant
that it backs-up any
Account or User
Content, and you
agree to accept as a
risk the loss of any
and all of your User
Content.
You will not use
this Site or the
Services found at
this Site, including
any of Serph-Enterprises.com’s
related
technologies, for
any commercial use
without Serph-Enterprises.com’s
express prior
written consent.
Serph-Enterprises.com
reserves the right
to modify, change,
or discontinue any
aspect of this Site
or the Services
found at this Site,
including without
limitation prices
and fees for the
same, at any time.
5. YOUR USE OF
SERPH-ENTERPRISES.COM
CONTENT AND USER
CONTENT
In addition to the
general rules above,
the provisions in
this Section 5 apply
specifically to your
use of
Serph-Enterprises.com
Content and User
Content posted to
Serph-Enterprises.com’s
corporate websites
(i.e., those sites
which
Serph-Enterprises.com
directly controls or
maintains). The
applicable
provisions are not
intended to and do
not have the effect
of transferring any
ownership or
licensed rights
(including
intellectual
property rights) you
may have in content
posted to your
hosted websites.
Serph-Enterprises.com
Content. Except for
User Content, the
content on this Site
and the Services
found at this Site,
including without
limitation the text,
software, scripts,
source code, API,
graphics, photos,
sounds, music,
videos and
interactive features
and the trademarks,
service marks and
logos contained
therein
("Serph-Enterprises.com
Content"), are owned
by or licensed to
Serph-Enterprises.com
in perpetuity, and
are subject to
copyright,
trademark, and/or
patent protection in
the United States
and foreign
countries, and other
intellectual
property rights
under United States
and foreign laws.
Serph-Enterprises.com
Content is provided
to you "as is", "as
available" and "with
all faults" for your
information and
personal,
non-commercial use
only and may not be
downloaded, copied,
reproduced,
distributed,
transmitted,
broadcast,
displayed, sold,
licensed, or
otherwise exploited
for any purposes
whatsoever without
the express prior
written consent of
Serph-Enterprises.com.
No right or license
under any copyright,
trademark, patent,
or other proprietary
right or license is
granted by these
Terms of Use.
Serph-Enterprises.com
reserves all rights
not expressly
granted in and to
the
Serph-Enterprises.com
Content, this Site
and the Services
found at this Site,
and these Terms of
Use do not transfer
ownership of any of
these rights.
User Content. Some
of the features of
this Site or the
Services found at
this Site may allow
Users to view, post,
publish, share,
store, or manage (a)
ideas, opinions,
recommendations, or
advice ("User
Submissions"), or
(b) literary,
artistic, musical,
or other content,
including but not
limited to photos
and videos (together
with User
Submissions, "User
Content"). By
posting or
publishing User
Content to this Site
or to the Services
found at this Site,
you represent and
warrant to
Serph-Enterprises.com
that (i) you have
all necessary rights
to distribute User
Content via this
Site or via the
Services found at
this Site, either
because you are the
author of the User
Content and have the
right to distribute
the same, or because
you have the
appropriate
distribution rights,
licenses, consents,
and/or permissions
to use, in writing,
from the copyright
or other owner of
the User Content,
and (ii) you do not
violate the rights
of any third party.
Security. You agree
not to circumvent,
disable or otherwise
interfere with the
security-related
features of this
Site or the Services
found at this Site
(including without
limitation those
features that
prevent or restrict
use or copying of
any
Serph-Enterprises.com
Content or User
Content) or enforce
limitations on the
use of this Site or
the Services found
at this Site, the
Serph-Enterprises.com
Content or the User
Content therein.
6. SERPH-ENTERPRISES.COM'S
USE OF USER CONTENT
The provisions in
this Section 6 apply
specifically to
Serph-Enterprises.com’s
use of User Content
posted to Serph-Enterprises.com’s
corporate websites
(i.e., those sites
which
Serph-Enterprises.com
directly controls or
maintains). The
applicable
provisions are not
intended to and do
not have the effect
of transferring any
ownership or
licensed rights
(including
intellectual
property rights) you
may have in content
posted to your
hosted websites.
Generally. You shall
be solely
responsible for any
and all of your User
Content or User
Content that is
submitted through
your Account, and
the consequences of,
and requirements
for, distributing
it.
With Respect to User
Submissions. You
acknowledge and
agree that:
Your User
Submissions are
entirely voluntary.
Your User
Submissions do not
establish a
confidential
relationship or
obligate
Serph-Enterprises.com
to treat your User
Submissions as
confidential or
secret.
Serph-Enterprises.com
has no obligation,
either express or
implied, to develop
or use your User
Submissions, and no
compensation is due
to you or to anyone
else for any
intentional or
unintentional use of
your User
Submissions.
Serph-Enterprises.com
may be working on
the same or similar
content, it may
already know of such
content from other
sources, it may
simply wish to
develop this (or
similar) content on
its own, or it may
have taken / will
take some other
action.
Serph-Enterprises.com
shall own exclusive
rights (including
all intellectual
property and other
proprietary rights)
to any User
Submissions posted
to this Site, and
shall be entitled to
the unrestricted use
and dissemination of
any User Submissions
posted to this Site
for any purpose,
commercial or
otherwise, without
acknowledgment or
compensation to you
or to anyone else.
With Respect to User
Content (Other Than
User Submissions).
If you have a
website hosted by
Serph-Enterprises.com
or another service
provider, you shall
retain all of your
ownership or
licensed rights in
User Content posted
to your website.
However, if you post
or publish your User
Content to this
Site, you authorize
Serph-Enterprises.com
to use the
intellectual
property and other
proprietary rights
in and to your User
Content to enable
inclusion and use of
the User Content in
the manner
contemplated by this
Site and these Terms
of Use. Accordingly,
you hereby grant
Serph-Enterprises.com
a worldwide,
non-exclusive,
royalty-free,
sublicensable
(through multiple
tiers), and
transferable license
to use, reproduce,
distribute, prepare
derivative works of,
combine with other
works, display, and
perform your User
Content in
connection with this
Site and Serph-Enterprises.com’s
(and Serph-Enterprises.com’s
affiliates’)
business(es),
including without
limitation for
promoting and
redistributing all
or part of this Site
in any media formats
and through any
media channels
without restrictions
of any kind and
without payment or
other consideration
of any kind, or
permission or
notification, to you
or any third party.
You also hereby
grant each User of
this Site a
non-exclusive
license to access
your User Content
(with the exception
of User Content that
you designate
"private" or
"password
protected") through
this Site, and to
use, reproduce,
distribute, prepare
derivative works of,
combine with other
works, display, and
perform your User
Content as permitted
through the
functionality of
this Site and under
these Terms of Use.
The above licenses
granted by you in
your User Content
terminate within a
commercially
reasonable time
after you remove or
delete your User
Content from this
Site. You understand
and agree, however,
that
Serph-Enterprises.com
may retain (but not
distribute, display,
or perform) server
copies of your User
Content that have
been removed or
deleted. The above
licenses granted by
you in your User
Content are
perpetual and
irrevocable.
Notwithstanding
anything to the
contrary contained
herein,
Serph-Enterprises.com
shall not use any
User Content that
has been designated
"private" or
"password protected"
by you for the
purpose of promoting
this Site or Serph-Enterprises.com’s
(or Serph-Enterprises.com’s
affiliates’)
business(es).
7. MONITORING OF
CONTENT; ACCOUNT
TERMINATION POLICY
Serph-Enterprises.com
generally does not
pre-screen User
Content (whether
posted to a website
hosted by
Serph-Enterprises.com
or posted to this
Site). However,
Serph-Enterprises.com
reserves the right
(but undertakes no
duty) to do so and
decide whether any
item of User Content
is appropriate
and/or complies with
these Terms of Use.
Serph-Enterprises.com
may remove any item
of User Content
(whether posted to a
website hosted by
Serph-Enterprises.com
or posted to this
Site) and/or
terminate a User’s
access to this Site
or the Services
found at this Site
for posting or
publishing any
material in
violation of these
Terms of Use, or for
otherwise violating
these Terms of Use
(as determined by
Serph-Enterprises.com
in its sole and
absolute
discretion), at any
time and without
prior notice.
Serph-Enterprises.com
may also terminate a
User’s access to
this Site or the
Services found at
this Site if
Serph-Enterprises.com
has reason to
believe the User is
a repeat offender.
If
Serph-Enterprises.com
terminates your
access to this Site
or the Services
found at this Site,
Serph-Enterprises.com
may, in its sole and
absolute discretion,
remove and destroy
any data and files
stored by you on its
servers.
8. ADDITIONAL
RESERVATION OF
RIGHTS
Serph-Enterprises.com
expressly reserves
the right to deny,
cancel, terminate,
suspend, lock, or
modify access to (or
control of) any
Account or Services
(including the right
to cancel or
transfer any domain
name registration)
for any reason (as
determined by
Serph-Enterprises.com
in its sole and
absolute
discretion),
including but not
limited to the
following: (i) to
correct mistakes
made by
Serph-Enterprises.com
in offering or
delivering any
Services (including
any domain name
registration), (ii)
to protect the
integrity and
stability of, and
correct mistakes
made by, any domain
name registry, (iii)
to assist with our
fraud and abuse
detection and
prevention efforts,
(iv) to comply with
applicable local,
state, national and
international laws,
rules and
regulations, (v) to
comply with requests
of law enforcement,
including subpoena
requests, (vi) to
comply with any
dispute resolution
process, (vii) to
defend any legal
action or threatened
legal action without
consideration for
whether such legal
action or threatened
legal action is
eventually
determined to be
with or without
merit, or (viii) to
avoid any civil or
criminal liability
on the part of
Serph-Enterprises.com,
its officers,
directors, employees
and agents, as well
as Serph-Enterprises.com’s
affiliates.
Serph-Enterprises.com
expressly reserves
the right to review
every Account for
excessive space and
bandwidth
utilization, and to
terminate or apply
additional fees to
those Accounts that
exceed allowed
levels.
9. NO SPAM;
LIQUIDATED DAMAGES
You acknowledge you
have read,
understand and agree
to be bound by
Serph-Enterprises.com’s
Anti-Spam Policy
referenced above and
available here. You
agree
Serph-Enterprises.com
may immediately
terminate any
Account which it
believes, in its
sole and absolute
discretion, is
transmitting or is
otherwise connected
with any spam or
other unsolicited
bulk email. In
addition, if actual
damages cannot be
reasonably
calculated then you
agree to pay
Serph-Enterprises.com
liquidated damages
in the amount of
$1.00 for each piece
of spam or
unsolicited bulk
email transmitted
from or otherwise
connected with your
Account.
10. TRADEMARK AND/OR
COPYRIGHT CLAIMS
Serph-Enterprises.com
supports the
protection of
intellectual
property. If you
would like to submit
(i) a trademark
claim for violation
of a mark on which
you hold a valid,
registered trademark
or service mark, or
(ii) a copyright
claim for material
on which you hold a
bona fide copyright,
please refer to
Serph-Enterprises.com’s
Trademark and/or
Copyright
Infringement Policy
referenced above and
available here.
11. LINKS TO
THIRD-PARTY WEBSITES
This Site and the
Services found at
this Site may
contain links to
third-party websites
that are not owned
or controlled by
Serph-Enterprises.com.
Serph-Enterprises.com
assumes no
responsibility for
the content, terms
and conditions,
privacy policies, or
practices of any
third-party
websites. In
addition,
Serph-Enterprises.com
does not censor or
edit the content of
any third-party
websites. By using
this Site or the
Services found at
this Site, you
expressly release
Serph-Enterprises.com
from any and all
liability arising
from your use of any
third-party website.
Accordingly,
Serph-Enterprises.com
encourages you to be
aware when you leave
this Site or the
Services found at
this Site and to
review the terms and
conditions, privacy
policies, and other
governing documents
of each other
website that you may
visit.
12. DISCLAIMER OF
REPRESENTATIONS AND
WARRANTIES
YOU SPECIFICALLY
ACKNOWLEDGE AND
AGREE THAT YOUR USE
OF THIS SITE AND THE
SERVICES FOUND AT
THIS SITE SHALL BE
AT YOUR OWN RISK AND
THAT THIS SITE AND
THE SERVICES FOUND
AT THIS SITE ARE
PROVIDED "AS IS",
"AS AVAILABLE" AND
"WITH ALL FAULTS".
SERPH-ENTERPRISES.COM,
ITS OFFICERS,
DIRECTORS,
EMPLOYEES, AND
AGENTS DISCLAIM ALL
WARRANTIES,
STATUTORY, EXPRESS
OR IMPLIED,
INCLUDING, BUT NOT
LIMITED TO, ANY
IMPLIED WARRANTIES
OF TITLE,
MERCHANTABILITY,
FITNESS FOR A
PARTICULAR PURPOSE
AND
NON-INFRINGEMENT.
SERPH-ENTERPRISES.COM,
ITS OFFICERS,
DIRECTORS,
EMPLOYEES, AND
AGENTS MAKE NO
REPRESENTATIONS OR
WARRANTIES ABOUT (I)
THE ACCURACY,
COMPLETENESS, OR
CONTENT OF THIS
SITE, (II) THE
ACCURACY,
COMPLETENESS, OR
CONTENT OF ANY SITES
LINKED (THROUGH
HYPERLINKS, BANNER
ADVERTISING OR
OTHERWISE) TO THIS
SITE, AND/OR (III)
THE SERVICES FOUND
AT THIS SITE OR ANY
SITES LINKED
(THROUGH HYPERLINKS,
BANNER ADVERTISING
OR OTHERWISE) TO
THIS SITE, AND
SERPH-ENTERPRISES.COM
ASSUMES NO LIABILITY
OR RESPONSIBILITY
FOR THE SAME.
IN ADDITION, YOU
SPECIFICALLY
ACKNOWLEDGE AND
AGREE THAT NO ORAL
OR WRITTEN
INFORMATION OR
ADVICE PROVIDED BY
SERPH-ENTERPRISES.COM,
ITS OFFICERS,
DIRECTORS,
EMPLOYEES, OR AGENTS
(INCLUDING WITHOUT
LIMITATION ITS CALL
CENTER OR CUSTOMER
SERVICE
REPRESENTATIVES)
WILL (I) CONSTITUTE
LEGAL OR FINANCIAL
ADVICE OR (II)
CREATE A WARRANTY OF
ANY KIND WITH
RESPECT TO THIS SITE
OR THE SERVICES
FOUND AT THIS SITE,
AND USERS SHOULD NOT
RELY ON ANY SUCH
INFORMATION OR
ADVICE.
THE FOREGOING
DISCLAIMER OF
REPRESENTATIONS AND
WARRANTIES SHALL
APPLY TO THE FULLEST
EXTENT PERMITTED BY
LAW, AND SHALL
SURVIVE ANY
TERMINATION OR
EXPIRATION OF THESE
TERMS OF USE OR YOUR
USE OF THIS SITE OR
THE SERVICES FOUND
AT THIS SITE.
13. LIMITATION OF
LIABILITY
IN NO EVENT SHALL
SERPH-ENTERPRISES.COM,
ITS OFFICERS,
DIRECTORS,
EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR
ANY OTHER PERSON OR
ENTITY FOR ANY
DIRECT, INDIRECT,
INCIDENTAL, SPECIAL,
PUNITIVE, OR
CONSEQUENTIAL
DAMAGES WHATSOEVER,
INCLUDING ANY THAT
MAY RESULT FROM (I)
THE ACCURACY,
COMPLETENESS, OR
CONTENT OF THIS
SITE, (II) THE
ACCURACY,
COMPLETENESS, OR
CONTENT OF ANY SITES
LINKED (THROUGH
HYPERLINKS, BANNER
ADVERTISING OR
OTHERWISE) TO THIS
SITE, (III) THE
SERVICES FOUND AT
THIS SITE OR ANY
SITES LINKED
(THROUGH HYPERLINKS,
BANNER ADVERTISING
OR OTHERWISE) TO
THIS SITE, (IV)
PERSONAL INJURY OR
PROPERTY DAMAGE OF
ANY NATURE
WHATSOEVER, (V)
THIRD-PARTY CONDUCT
OF ANY NATURE
WHATSOEVER, (VI) ANY
UNAUTHORIZED ACCESS
TO OR USE OF OUR
SERVERS AND/OR ANY
AND ALL CONTENT,
PERSONAL
INFORMATION,
FINANCIAL
INFORMATION OR OTHER
INFORMATION AND DATA
STORED THEREIN,
(VII) ANY
INTERRUPTION OR
CESSATION OF
SERVICES TO OR FROM
THIS SITE OR ANY
SITES LINKED
(THROUGH HYPERLINKS,
BANNER ADVERTISING
OR OTHERWISE) TO
THIS SITE, (VIII)
ANY VIRUSES, WORMS,
BUGS, TROJAN HORSES,
OR THE LIKE, WHICH
MAY BE TRANSMITTED
TO OR FROM THIS SITE
OR ANY SITES LINKED
(THROUGH HYPERLINKS,
BANNER ADVERTISING
OR OTHERWISE) TO
THIS SITE, (IX) ANY
USER CONTENT OR
CONTENT THAT IS
DEFAMATORY,
HARASSING, ABUSIVE,
HARMFUL TO MINORS OR
ANY PROTECTED CLASS,
PORNOGRAPHIC,
"X-RATED", OBSCENE
OR OTHERWISE
OBJECTIONABLE,
AND/OR (X) ANY LOSS
OR DAMAGE OF ANY
KIND INCURRED AS A
RESULT OF YOUR USE
OF THIS SITE OR THE
SERVICES FOUND AT
THIS SITE, WHETHER
BASED ON WARRANTY,
CONTRACT, TORT, OR
ANY OTHER LEGAL OR
EQUITABLE THEORY,
AND WHETHER OR NOT
SERPH-ENTERPRISES.COM
IS ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES.
IN ADDITION, YOU
SPECIFICALLY
ACKNOWLEDGE AND
AGREE THAT ANY CAUSE
OF ACTION ARISING
OUT OF OR RELATED TO
THIS SITE OR THE
SERVICES FOUND AT
THIS SITE MUST BE
COMMENCED WITHIN ONE
(1) YEAR AFTER THE
CAUSE OF ACTION
ACCRUES, OTHERWISE
SUCH CAUSE OF ACTION
SHALL BE PERMANENTLY
BARRED.
IN ADDITION, YOU
SPECIFICALLY
ACKNOWLEDGE AND
AGREE THAT IN NO
EVENT SHALL
SERPH-ENTERPRISES.COM’S
TOTAL AGGREGATE
LIABILITY EXCEED THE
TOTAL AMOUNT PAID BY
YOU FOR THE
PARTICULAR SERVICES
THAT ARE THE SUBJECT
OF THE CAUSE OF
ACTION.
THE FOREGOING
LIMITATION OF
LIABILITY SHALL
APPLY TO THE FULLEST
EXTENT PERMITTED BY
LAW, AND SHALL
SURVIVE ANY
TERMINATION OR
EXPIRATION OF THESE
TERMS OF USE OR YOUR
USE OF THIS SITE OR
THE SERVICES FOUND
AT THIS SITE.
14. INDEMNITY
You agree to
protect, defend,
indemnify and hold
harmless
Serph-Enterprises.com
and its officers,
directors,
employees, and
agents, from and
against any and all
claims, demands,
costs, expenses,
losses, liabilities
and damages of every
kind and nature
(including, without
limitation,
reasonable
attorneys’ fees)
imposed upon or
incurred by
Serph-Enterprises.com
directly or
indirectly arising
from (i) your use of
and access to this
Site or the Services
found at this Site;
(ii) your violation
of any provision of
these Terms of Use
or the policies or
agreements which are
incorporated herein;
and/or (iii) your
violation of any
third-party right,
including without
limitation any
intellectual
property or other
proprietary right.
The indemnification
obligations under
this section shall
survive any
termination or
expiration of these
Terms of Use or your
use of this Site or
the Services found
at this Site.
15. SUCCESSORS AND
ASSIGNS
These Terms of Use
shall be binding
upon and inure to
the benefit of the
parties hereto and
their respective
heirs, successors
and assigns.
16. NO THIRD-PARTY
BENEFICIARIES
Nothing in these
Terms of Use shall
be deemed to confer
any third-party
rights or benefits.
17. U.S. EXPORT LAWS
This Site and the
Services found at
this Site are
subject to the
export laws,
restrictions,
regulations and
administrative acts
of the United States
Department of
Commerce, Department
of Treasury Office
of Foreign Assets
Control ("OFAC"),
State Department,
and other United
States authorities
(collectively, "U.S.
Export Laws"). Users
shall not export or
re-export, or allow
the export or
re-export of, the
Services found at
this Site in
violation of any
U.S. Export Laws.
None of the Services
found at this Site
may be downloaded or
otherwise exported
or re-exported (i)
into (or to a
national or resident
of) any country with
which the United
States has embargoed
trade; or (ii) to
anyone on the U.S.
Treasury
Department's list of
Specially Designated
Nationals or the
U.S. Commerce
Department's Denied
Persons List, or any
other denied parties
lists under U.S.
Export Laws. By
using this Site and
the Services found
at this Site, you
agree to the
foregoing and
represent and
warrant that you are
not a national or
resident of, located
in, or under the
control of, any
restricted country;
and you are not on
any denied parties
list; and you agree
to comply with all
U.S. Export Laws
(including
"anti-boycott",
"deemed export" and
"deemed re-export"
regulations). If you
access this Site or
the Services found
at this Site from
other countries or
jurisdictions, you
do so on your own
initiative and you
are responsible for
compliance with the
local laws of that
jurisdiction, if and
to the extent those
local laws are
applicable and do
not conflict with
U.S. Export Laws. If
such laws conflict
with U.S. Export
Laws, you shall not
access this Site or
the Services found
at this Site. The
obligations under
this section shall
survive any
termination or
expiration of these
Terms of Use or your
use of this Site or
the Services found
at this Site.
18. COMPLIANCE WITH
LOCAL LAWS
Serph-Enterprises.com
makes no
representation or
warranty that the
content available on
this Site or the
Services found at
this Site are
appropriate in every
country or
jurisdiction, and
access to this Site
or the Services
found at this Site
from countries or
jurisdictions where
its content is
illegal is
prohibited. Users
who choose to access
this Site or the
Services found at
this Site are
responsible for
compliance with all
local laws, rules
and regulations.
19. GOVERNING LAW;
JURISDICTION; VENUE;
WAIVER OF TRIAL BY
JURY
Except for disputes
governed by the
Uniform Domain Name
Dispute Resolution
Policy referenced
above and available
here, these Terms of
Use shall be
governed by and
construed in
accordance with the
federal law of the
United States and
the state law of
Arizona, whichever
is applicable,
without regard to
conflict of laws
principles. You
agree that any
action relating to
or arising out of
these Terms of Use
shall be brought in
the state or federal
courts of Maricopa
County, Arizona, and
you hereby consent
to (and waive all
defenses of lack of
personal
jurisdiction and
forum non conveniens
with respect to)
jurisdiction and
venue in the state
and federal courts
of Maricopa County,
Arizona. You agree
to waive the right
to trial by jury in
any action or
proceeding that
takes place relating
to or arising out of
these Terms of Use.
20. TITLES AND
HEADINGS;
INDEPENDENT
COVENANTS;
SEVERABILITY
The titles and
headings of these
Terms of Use are for
convenience and ease
of reference only
and shall not be
utilized in any way
to construe or
interpret the
agreement of the
parties as otherwise
set forth herein.
Each covenant and
agreement in these
Terms of Use shall
be construed for all
purposes to be a
separate and
independent covenant
or agreement. If a
court of competent
jurisdiction holds
any provision (or
portion of a
provision) of these
Terms of Use to be
illegal, invalid, or
otherwise
unenforceable, the
remaining provisions
(or portions of
provisions) of these
Terms of Use shall
not be affected
thereby and shall be
found to be valid
and enforceable to
the fullest extent
permitted by law.
21. CONTACT
INFORMATION
If you have any
questions about
these Terms of Use,
please contact us by
email or regular
mail at the
following address:
Serph-Enterprises.com
Legal Department
7650 S McClintock Dr
Suite 103-435
Tempe, AZ 85284
Revised: 1/13/2011
