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MYGUESSTIMATE.COM, LLC
AGREEMENT TO TERMS and CONDITIONS OF USE
The terms and conditions of use (“Terms and Conditions”) specified herein govern the use of www.myguesstimate.com (“Website”) and the services provided through the Website by MyGuesstimate.com, LLC (“MyGuesstimate”), which owns and operates the Website, (collectively, “Website Services”). Please read these Terms and Conditions carefully. By using the Website Services, you shall have affirmed consent to all of the Terms and Conditions specified herein and your agreement to be bound by them. As such, these Terms and Conditions represent a binding agreement between you and MyGuesstimate.
- General
- Definitions
- “Consumer” means any individual or entity that visits the Website. Where applicable, the term “Consumer” shall encompass all Customers.
- “Content” means all material, whether publicly posted or privately transmitted, that Customers upload, post, broadcast, email, transmit, or otherwise make available on the Website or through the Website Services.
- “Customer” means any Consumer who uses the Website Services and/or creates a Member Account with the Website.
- “Member Account” means the account created when a Customer creates a Username, password, and provides requested information to the Website in order to use the Website Services.
- “MyGuesstimate Homepage” means the webpage created when Customers create Member Accounts, accessible via the Website.
- “MyGuesstimate Trademarks” means any trademarks, tradenames, logos, and other commercial designs of MyGuesstimate, whether or not formal registration exists.
- “Terms and Conditions” means the terms and conditions of use specified herein that govern the use of the Website and Website Services.
- “Username” means the pseudonym or real name provided by a Customer when creating a Member Account. The Username will be the name visible to other Consumers and Customers of the Website and/or the Website Services. Your first and last names, as provided to MyGuesstimate, will also be visible under each profile.
- “Website” means all of the information and content (in any format whatsoever) accessible through the World Wide Web at the address www.myguesstimate.com.
- “Website Services” means the services provided by MyGuesstimate through www.myguesstimate.com.
- Binding Agreement
- By entering and using the Website and the Website Services, you agree to be bound by these Terms and Conditions.
- All parties explicitly agree that the use of the Website and Website Services shall be pursuant to these Terms and Conditions. MyGuesstimate shall not be bound by any additional or different terms provided by any Consumer or Customer.
- The Terms and Conditions shall be considered and construed as a binding agreement between you and MyGuesstimate.
- The Terms and Conditions comprises the entire agreement between you and MyGuesstimate, superseding any prior agreements. Please note that you may be subject to additional rules and regulations that may apply when you apply for and use the Website Services. Any such additional rules and regulations shall be explicitly referenced herein and considered as incorporated within the Terms and Conditions.
- These Terms and Conditions contain disclaimers (includingSections 7, 8, and 9) as well as exclusive remedy provisions (including Section 10).
- Modifications to Terms and Conditions.
- Because the Internet remains a dynamic communications forum and the law on Internet and online commerce remain just as dynamic, the Parties understand that MyGuesstimate may alter, amend, change, waive, terminate or modify any term in this Agreement at any time provided that:
- Should MyGuesstimate alter, amend, change, waive, terminate or modify any term contained within these Terms and Conditions, it shall provide notice by:
(b) as otherwise required by law.
- Upon Notice, any Customer may either elect to terminate use of the Website and Website Services, or to accept the altered, amended, changed, waived, terminated or modified Terms and Conditions.
- Should the Customer accept the altered, amended, changed, waived, terminated or modified Terms and Conditions, the Customer’s use of the Website and Website Services shall proceed under the new Terms and Conditions;
- Further, should the Customer accept the altered, amended, changed, waived, terminated or modified Terms and Conditions, the Customer shall execute any document presented to the Customer memorializing such acceptance. However, the absence of such a document shall not affect the enforceability of and MyGuesstimate’s reliance upon the Customer’s acceptance.
- Apart from receiving notice from MyGuesstimate, you agree to review the Terms and Conditions and the relevant rules and regulations periodically to be updated of any such changes.
- The act of placing a web page (URL) into a temporary file on your browser so that you may return to that page at a future date directly, without passing through certain preceding pages (“bookmarking”), may under certain circumstances result in the bypass of links to the Terms and Conditions. You hereby agree that any use of such bookmarks or bookmarking to bypass any web pages to enter into the Website and Website Services constitutes acceptance of the Terms and Conditions.
- Please note that your continued use of the Website and Website Services following the changes of the Terms and Conditions constitutes acceptance of all such changes.
- Customer’s Account and Account Information
- You hereby certify that you are over the age of eighteen (18).
- You hereby agree to provide MyGuesstimate with true, complete and up-to-date information regarding your registration information.
- MyGuesstimate reserves the right to immediately terminate any account and any Customer who provides MyGuesstimate with false, incomplete, or out-of-date information.
- Any Customer providing MyGuesstimate with false, incomplete, or out-of-date information shall be subject to civil and criminal liability.
- Every new Customer chooses a password and a Username at the time of registration.
- Please note that you should choose your name carefully and you may not choose or use a Username of another person, a name that is violating a third party’s intellectual property rights, or a Username that is offensive or inappropriate.
- You shall be solely and entirely responsible for any and all use of the Website and Website Services through your Member Account.
- As a Customer, you may not permit any other person to use your Member Account.
- Your membership, username and/or password may not be assigned or transferred to any other person or entity.
- You must promptly inform MyGuesstimate of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password.
- Any Customer whose account has been terminated by MyGuesstimate may not access the Website or the Website Services without the prior express written permission of MyGuesstimate.
- Termination of Member Account.
- MyGuesstimate reserves the right to terminate your Member Account at any time.
- In particular, MyGuesstimate may terminate a Member Account immediately should a party use the Website or Website Services for illegal purposes.
- Additionally, MyGuesstimate reserves the right to terminate your Member Account should it discover you are under the age of eighteen.
- MyGuesstimate also reserves the right to suspend or terminate a Member Account should the Member Account or MyGuesstimate become involved in pending litigation or other similar dispute.
- Should your Member Account be terminated, you will remain liable for all liabilities that may have arisen or arise from your Member Account and/or the termination thereof.
- Should the Website and/or Website Services become terminated or suspended, all Member Accounts shall be terminated immediately, without any prior notifications by MyGuesstimate.
- Intellectual Property Rights
- Copyright. All of the information and content (in any format whatsoever) on the Website or transmitted via the Website Services (“Website Material”) is either owned by or licensed to MyGuesstimate.
- All Website Material is proprietary and constitutes valuable intellectual property.
- All Website Material is copyrighted and protected under treaty provisions and worldwide copyright laws.
- MyGuesstimate provides a limited license to its Customers and Consumers to view, print, and download materials on the Website and/or through the Website Services for reasonable use and pursuant to these Terms and Conditions.
- By posting to and/or using MyGuesstimate’s Website and Website Services, you grant MyGuesstimate the world-wide, royalty-free, perpetual, irrevocable, sub-licensable, and non-exclusive right to publish (via the Internet, in print, or via other methods) and to sub-license any Content that you provide or submit to the Website.
- By posting to and/or using MyGuesstimate’s Website and Website Services, you agree that you shall not infringe the copyright of any third parties and shall indemnify MyGuesstimate from any claims made by third parties against MyGuesstimate including, but not limited to, copyright infringement.
- If you believe another Customer is violating your or a third-party’s intellectual property rights, you may inform us by contacting our Digital Millennium Copyright Act (“DMCA”) representative in accordance with our DMCA policy provided below.
The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright holders who believe in good faith that material appearing on this website infringes their rights under United States law. In accordance with the DCMA, myguesstimate.com has designated a Copyright Agent who is charged with receiving notification of alleged copyright violations, and if you believe in good faith that material appearing on this website infringes your copyright, provide notification, pursuant to 17 U.S.C. § 512(c)(3)(A), to our Copyright Agent at:
| Agent: |
Chad Yarlagadda |
| Address: |
517 West Oakdale, Unit 311 |
| |
Chicago, IL 60657 |
| Phone: |
(719) 250-8525 |
| Fax: |
(509) 275-8525 |
| Email: |
feedback@myguesstimate.com |
Similarly, the DMCA provides that if you, in good faith, believe that a notice of copyright infringement has been wrongfully filed against you, you may send to our Copy agent a counter notice, subject to the requirements set forth in 17 U.S.C. § 512(g)(3).
Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this website constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. § 512(f).
- Customers may link to the Website from their own websites and other third party websites, if such link is in accordance with the Customer’s use of the Website Services, until such time as they cease to be Customers.
- You may not frame any elements of this Website with any other website.
- Trademarks.
- Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the MyGuesstimate Trademarks displayed on the Website without MyGuesstimate’ prior permission.
- All goodwill generated from the MyGuesstimate Trademarks will inure solely to its benefit.
- All other companies’ names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to MyGuesstimate.
- MyGuesstimate reserves the right to restrict the use of its name, system, and logo.
- Customer Conduct
- The Website and Website Services shall be used for lawful purposes only.
- MyGuesstimate reserves the right to refuse its Website Services to anyone should it believe that the Website Services have been or are being used for any unlawful purpose and take any further action as permitted by law.
- The Website and Website Services shall not be used for any of the following:
- Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;
- Intentionally violating any intellectual property rights of a third party;
- Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;
- Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by MyGuesstimate in its sole discretion;
- Posting or transmitting, or causing to be posted or transmitted, via the Website or Website Services any spam;
- MyGuesstimate maintains a strict policy forbidding any spam or misuse of email services within its Website or Website Services.
- Seeking to obtain private financial information from any Customer; and/or
- Attempting to access the accounts of others or interfere with MyGuesstimate’ security measures.
- MyGuesstimate does allow Customers to advertise products or businesses other than those of MyGuesstimate on a limited basis, provided the advertising is not excessive. What constitutes “excessive advertising” shall be determined by MyGuesstimate at its sole discretion.
- Customers may provide links to their own web logs (“blogs”) from their MyGuesstimate Homepage. However, the blogs must not contain inappropriate content. What constitutes “inappropriate content” shall be determined by MyGuesstimate at its sole discretion.
- MyGuesstimate does not endorse the content on any blog linked to on a MyGuesstimate Homepage.
- MyGuesstimate has the right, but not the obligation, to delete, move, or edit any Content on the Website, including any Content provided by a Customer, for any reason.
- MyGuesstimate also reserves the right to disclose any Content provided by a Customer:
- if required to do so by law or in the good faith belief that doing so is necessary to comply with the law;
- to enforce these Terms and Conditions;
- to respond to claims that the Content violated the rights of third parties;
- to protect the rights, property, or safety of MyGuesstimate, its Customers, or the public; or
- to administer the Website and the Website Services.
- Customers and/or Consumers shall provide MyGuesstimate timely written notice of any error, omission or violation of any third party of any kind, immediately upon learning of same.
- DISCLAIMER OF WARRANTIES
- THE WEBSITE IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
- MYGUESSTIMATE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING
- ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF:
- THE WEBSITE/WEBSITE SERVICES; OR
- THE ABILITY OF THE WEBSITE/WEBSITE SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;
- ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;
- ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF (OR ERRORS IN):
- THE CONTENTS;
- THE FUNCTIONING OF; OR,
- THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE WEBSITE/WEBSITE SERVICES;
- ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND
- ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF MYGUESSTIMATE IN THE WEBSITE/WEBSITE SERVICES, OR ANY WARRANTY THAT THE WEBSITE/WEBSITE SERVICES DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
- WE ARE NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE WEBSITE OR WEBSITE SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER.
- ADDITIONAL DISCLAIMERS
- Third Party Links and Products.
- IN CONNECTION WITH THE WEBSITE AND THE WEBSITE SERVICES, MYGUESSTIMATE MAY PROVIDE YOU WITH LINKS TO WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.
- MYGUESSTIMATE HAS NO CONTROL OVER SUCH WEBSITES OR OVER SUCH PRODUCTS AND SERVICES.
- MYGUESSTIMATE IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY WEBSITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.
- MYGUESSTIMATE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
- SUCH THIRD PARTY WEBSITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD PARTY WEBSITE ON THIS WEBSITE DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE.
- MYGUESSTIMATE IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH WEBSITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES.
- MYGUESSTIMATE SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CUSTOMERS AND/OR CONSUMERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES’ POLICIES AND TERMS.
- LIMITATION OF LIABILITY
- IN NO EVENT WILL MYGUESSTIMATE.COM, LLC OR ITS SUBSIDIARIES OR SUPPLIERS OR ITS SUBSIDIARIES’/SUPPLIERS’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, OR INABILITY TO USE, THE WEBSITE OR THE WEBSITE SERVICES, EVEN IF MYGUESSTIMATE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE.
- MYGUESSTIMATE SHALL BE EXCUSED FOR ANY DELAY OR FAILURE TO PERFORM DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOVERNMENT, NATURAL CATASTROPHES, DELAYS IN ORDERS FROM MANUFACTURERS; INTERNET DISRUPTIONS, OR LOSS OF DATA.
- IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE WEBSITE SERVICES OR YOU HAVE ANY DISPUTE WITH MYGUESSTIMATE IN CONNECTION WITH THE SAME OR THESE TERMS AND CONDITIONS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT AND CEASE USING THE WEBSITE AND THE SERVICES.
- THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.
- WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE WEBSITE OR WEBSITE SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE WEBSITE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE OR THE WEBSITE SERVICES WILL BE CORRECTED.
- IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE WEBSITE AND WEBSITE SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
- THESE DISCLAIMERS OF LIABILITY APPLY TO ALL CLAIMS AND/OR CAUSES OF ACTION, WHETHER FOR OR BASED UPON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER CLAIM OR CAUSE OF ACTION.
- MyGuesstimate shall not be held liable for any special, indirect, incidental or consequential damages arising our of or connected with these Terms and Conditions or with any of the services provided hereunder, regardless of whether caused by MyGuesstimate, its agents, employees, subsidiaries, representatives, assigns or otherwise.
- MYGUESSTIMATE SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF ITEMS PURCHASED THROUGH THIS WEBSITE.
- WITHOUT WAIVING THE FOREGOING, UNLESS A CUSTOMER, A CONSUMER SHALL NOT BE ENTITLED TO ANY DAMAGES.
- WITHOUT WAIVING THE FOREGOING, A CUSTOMER’S DAMAGES SHALL NOT EXCEED THE VALUE OF ANY PRODUCT PURCHASED THROUGH THE WEBSITE OR WEBSITE SERVICES.
- General Provisions
- Entire Agreement. The Parties agree that the Terms and Conditions constitutes the full and complete understanding among them with respect to the subject matter hereof and supersedes and preempts any prior understandings, agreements, or representations by or among the Parties, written or oral, which may have related to the subject matter hereof in any way.
- Savings Clause. In the event that any provision of the Terms and Conditions is held to be void or unenforceable by a Court of competent jurisdiction, the remaining provisions of the Terms and Conditions shall nevertheless be binding upon the Parties with the same effect as though the void or unenforceable part had been deleted. Further, any provision held to be void or unenforceable by a Court of competent jurisdiction shall be construed, if possible, to give effect to the Parties’ intent. The Parties agree that any such provision, in its form so modified by the court, shall then be enforceable and shall be enforced.
- Paragraph and Section Headings. Paragraph and Section headings are for convenience only and shall not be used to construe the Terms and Conditions or otherwise be given any legal effect.
- Reasonableness. The Parties have read each of the terms in the Terms and Conditions and consider each of them, including all subparts, to be reasonable.
- Indemnification. Any Customer and/or Consumer of the Website and/or Website Services shall indemnify and hold MyGuesstimate, the owners and operators of MyGuesstimate, as well as their officers, agents, directors and employees harmless, against any and all expenses and/or losses, including reasonable attorney’s fees, made by any third party due to or arising from the use of the Website or Website Services, or from information submitted, electronically received, viewed, printed, downloaded, or transmitted through the Website, your connection to the Website, your violation of these Terms and Conditions, or your violation of any rights of any other person or entity.
- Waiver. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- No employee, agent or representative, including without limitation a customer service representative, of MyGuesstimate shall be entitled to waive any term of the Terms and Conditions.
- Applicable Law. The Terms and Conditions shall be construed and enforced in accordance with the laws of the State of Illinois and the venue for any action, dispute or proceeding with respect to this Agreement shall be Cook County, Illinois.
- Incorporation Clause. These Terms and Conditions shall incorporate the terms provided for in the Privacy and Security Policy and DMCA Policy.
- Notices. Notices by MyGuesstimate to you may be given by means of electronic messages through the Website, by a general posting on the Website, or by conventional email. Notices by you to the Website may be given by electronic mail, unless otherwise specified in these Terms and Conditions, at the following email address:feedback@myguesstimate.com.
- No Waiver. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- Restricted Locations.
- The Website and Website Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
- The Website may not be used by and is not directed at any country or region currently embargoed by the United States. By downloading or using software provided on the Website, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.
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