Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
SITE. We
maintain this web site as a service to our customers, and by using our site you
are agreeing to comply with and be bound by the following terms of use. Please
review the following terms and conditions carefully, and check them
periodically for changes. If you do not agree to the terms and conditions, you
should not review information or obtain goods, services or products from this
site.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN
ORDER TO PARTICIPATE ON OUR SITE.
- Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us,and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
- Copyright. The content, organization,
graphics, design, compilation, magnetic translation, digital conversion
and other matters related to the Site are protected under applicable
copyrights, trademarks, registered trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part
of the Site, except as allowed by Section 4, is strictly prohibited. You
do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or materials
on the Site does not constitute a waiver of any right in such information
and materials.
- Fraud: By becoming a member, you
confirm that the information provided in this form is true and that you
agree to abide by the Terms and Conditions of use of this site. Please
note that your membership can be cancelled without notice if it is
determined that false or misleading information has been provided, the
Terms and Conditions of use have been violated, or other abuses have
occurred as determined by Fritz Solutions LLC in its
sole discretion. If membership has been revoked, Fritz
Solutions LLC reserves the right to refuse application or
readmission to the membership program.
- Limited Right to Use. The viewing, printing or
downloading of any content, graphic, form or document from the Site grants
you only a limited, nonexclusive license for use solely by you for your
own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of
any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or
redistribution).
- Editing, Deleting and
Modification. We reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the Site,
including this Agreement, without further notice to users of the Site.
- Indemnification. You agree to indemnify,
defend and hold us, and our partners, attorneys, staff and affiliates
(collectively, "Affiliated Parties") harmless from any liability,
loss, claim and expense, including reasonable attorney's fees, related to
your violation of this Agreement or use of the Site.
- Nontransferable. Your right to use the Site
is not transferable. Any password or right given to you to obtain information
or documents is not transferable and may only be used by you.
- Disclaimer. THE INFORMATION FROM OR
THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE, AND OUR
AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
- Limits. All responsibility or
liability for any damages caused by viruses contained within the
electronic file containing the form or document is disclaimed. WE WILL NOT
BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our
maximum liability to you under all circumstances will be equal to the
purchase price you pay for any goods, services or information.
- Use of Information. We reserve the right, and
you authorize us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any manner
consistent with our Privacy Policy.
- Third-Party Services. We allow access to or
advertise third-party merchant sites ("Merchants") from which
you may purchase or otherwise obtain certain goods or services. You
understand that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a party
to the transactions entered into between you and Merchants. YOU AGREE THAT
USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF
ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party Merchant Policies. All rules, policies
(including privacy policies) and operating procedures of Merchants will
apply to you while on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations or
commitments on behalf of the other.
- Privacy Policy. Our Privacy Policy,
as it may change from time to time, is a part of this Agreement.
- Payments. You represent and warrant
that if you are purchasing something from us or from our Merchants that
(i) any credit card information you supply is true, correct and complete,
(i) charges incurred by you will be honored by your credit card company,
and (iii) you will pay the charges incurred by you at the posted prices,
including any shipping fees and applicable taxes.
- Securities Laws. This Site may include
statements concerning our operations, prospects, strategies, financial
condition, future economic performance and demand for our products or
services, as well as our intentions, plans and objectives that are
forward-looking statements. These statements are based upon a number of
assumptions and estimates, which are subject to significant uncertainties,
many of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes,"
"estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation of an
offer for sale of any securities. None of the information contained
herein, is intended to be, and shall not be deemed to be incorporated into
any of our securities-related filings or documents.
- Links to Other Web Sites. The Site contains links to
other Web sites. We are not responsible for the content, accuracy or
opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site
and access these third-party sites, you do so at your own risk.
- Submissions. All suggestions, ideas,
notes, concepts and other information you may from time to time send to us
(collectively, "Submissions") shall be deemed and shall remain
our sole property and shall not be subject to any obligation of confidence
on our part. Without limiting the foregoing, we shall be deemed to own all
known and hereafter existing rights of every kind and nature regarding the
Submissions and shall be entitled to unrestricted use of the Submissions
for any purpose, without compensation to the provider of the Submissions.
- Return Policy. Due to the nature of our online site, and the products listed, we Fritz Solutions LLC have a strict NO RETURN policy for any product. No product shall be able to be returned for a like item, or for a cash refund.
- Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS
OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR
YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH
SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF BERGEN COUNTY NEW
JERSEY OR THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY. YOU ARE EXPRESSLY SUBMITTING AND
CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN
ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT UPPER SADDLE RIVER, NEW
JERSEY OR THE DISTRICT OF NEW JERSEY IS
AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This
site is created and controlled by Fritz Solutions LLC in
the State of New Jersey, USA. As such, the laws of New Jersey will govern
the terms and conditions contained in this Agreement and elsewhere
throughout the Site, without giving effect to any principles of conflicts
of laws.
- Lapsed Accounts: In order to keep Fritz Solutions LLC's membership roster current, if a Member does not access his or her account for a period of 120 days or more, Fritz Solutions LLC may, in its sole discretion, terminate such Member's account. Fritz Solutions LLC will endeavor to notify a Member of Fritz Solutions LLC intent to terminate such Member's account by notice to such Member's provided email address at least 14 days prior to deactivation. If the Member fails to respond to such email notice with 14 days after the day it is sent by Fritz Solutions LLC, such Member's account will be terminated as noted above. Therefore, Fritz Solutions LLC strongly recommends that all Members keep their accounts and contact data current and in use. While Fritz Solutions LLC desires to prevent active accounts from being terminated prematurely, Fritz Solutions LLC has no obligation to maintain accounts that appear to Fritz Solutions LLC to have been abandoned. Each Member agrees that failure to access his or her account for 200 days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.
- Verify Members' Address: Fritz Solutions LLC reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from Fritz Solutions LLC.
