Limitations of Liability.
ReliableMerchants shall not be liable for direct, indirect,
incidental, special or consequential damages, resulting from the use or the
inability to use the Service. ReliableMerchants shall not be liable for cost of
procurement of substituted services. ReliableMerchants shall not be liable for
messages received or transactions entered into through the Service resulting
from unauthorized access to or alteration of Users' transmission or data. This
shall include, but not limited to, damages for loss of profits, use, data or
other intangibles, even if ReliableMerchants has been advised of the
possibility of such damages. Section "2" of the forgoing may not
apply if Users' jurisdiction does not allow the limitation of exclusion of
liability for incidental or consequential damages.
No Warranty.
We provide our web site "as is" and without any warranty
or condition, express, implied or statuary. We specifically disclaim any
warranty of title, merchantability, fitness for a particular purpose and
non-infringement. Some states do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you. This warranty gives you
specific legal rights and you may also have other legal rights which vary from
state to state.
Membership qualification.
To become eligible for membership, one must score at or above 90
on the ReliableMerchants rating analysis.
Reliability rating.
You may not take any actions that may undermine the integrity of the
ReliableMerchants rating analysis system. You acknowledge that your reliability
rating is a composite number derived from analysis of the feedback comments
publicly available in your profile, and is in no way intended to reflect a
definitive representation of your past or future integrity.
Referral Program.
Those ReliableMerchants members who also participate in our
referral program are bound to additional terms of service, viewable
here.
Breach.
Without limiting other remedies, we may temporarily suspend,
indefinitely suspend or terminate your membership and refuse to provide our
services to you: (a) if you breach this Agreement or the documents it
incorporates by reference; (b) if we are unable to verify or authenticate any
information you provide to us; or (c) if we believe that your actions may cause
legal liability for you, our users or us (d) if two members of our support team
recommend suspension, termination, or refusal of services; (e) if there are
significant verifiable customer complaints against your account; (f) if your
ReliableMerchants rating drops below the minimum required threshold of 90 (as
described in section "4").
Indemnity.
You agree to indemnify and hold us and our subsidiaries,
affiliates, officers, directors, agents, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of your breach of this Agreement or the documents it
incorporates by reference, or your violation of any law or the rights of a
third party.
Special Offers.
Registering with ReliableMerchants during a special offer period
-- specifically one in which a free or discounted membership term is offered --
may only be done with the express knowledge that the regular billing cycle,
which covers three months of advanced service billable at regular membership
rates, will begin when the term of the special offer expires.
Privacy policy.
You accept the terms set forth in the ReliableMerchants
privacy policy.
Arbitration.
Any controversy or claim arising out of or relating to this
Agreement or our services shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration Association.
Any such 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 arbitration shall be conducted in Manhattan, New York, and
judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Either you or ReliableMerchants may seek any interim or
preliminary relief from a court of competent jurisdiction in Manhattan, New
York necessary to protect the rights or property of you or ReliableMerchants
pending the completion of arbitration.
No Agency.
You and ReliableMerchants are independent contractors, and no
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Legal Compliance.
You shall comply with all applicable laws, atutes, ordinances and
regulations regarding your use of our service.
General.
This Agreement shall be governed in all respects by the laws of
the State of New York as such laws are applied to agreements entered into and
to be performed entirely within New York between New York residents. We do not
guarantee continuous, uninterrupted or secure access to our services, and
operation of our site may be interfered with by numerous factors outside of our
control. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck 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. Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. This Agreement
sets forth the entire understanding and agreement between us with respect to
the subject matter hereof.
This ("this") user agreement may be changed at any time.Depending upon the notification preferences chosen
during the registration process members may be notified 10 days in
advance of upcoming changes to the terms of service and will be given the
option of inactivating their community membership. Use of this web-site, and
enrollment in any ReliableMerchants program, constitutes acceptance of the
above-listed terms of service.