ReturnEasy
Agreementwww.ReturnEasy.com |
TERMS AND
CONDITIONS OF USE
1. GENERAL
These terms and conditions of use ("Terms of Use") described in this
agreement apply to the web site and web pages owned, operated, licensed, and/or
controlled by PANASYSTEM CORPORATION and the main homepage which is placed at
www.returneasy.com (the "Web Site").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING RETURNEASY.COM
By accessing, using or browsing through Returneasy.com you show your recognition
and approval of these Terms of Use. If you do not agree to these Terms of Use,
please do not access, use or browse Returneasy. Please note that we reserve the
right, at its sole discretion, to change, revise, modify or remove portions or
all of these Terms of Use, at any time. Please check from time to time the
following URL: http://www.returneasy.com/admin/terms_of_use.php to review these
changes in our Terms of Use. Your use of (including any browse through or access
of) Returneasy, after revisions of Terms of Use have been posted on the above
URL, will represent your approval to the new or revised Terms of Use.
2. LIMITATION ON USE OF CONTENT AND MATERIALS
All information, product information (e.g. datasheets, specifications,
performance reports, case studies etc), software (e.g. service packs),
documentation, content and/or material posted on ReturnEasy.com or available
through it ("Materials") are the property of PanaSystem Corporation or its
licensors, which retains all rights, title and interests in and to these
Materials and all intellectual property rights related to it, including without
limitations all copyright, patent, trademarks, logos, design rights and any
other proprietary rights.
Grant of any rights and no transfer is made or is to be implied by any
stipulation of these Terms of Use or by any other provision contained in
ReturnEasy. You agree not to violate any of these rights listed above.
Without limiting any of the abovementioned, you may not copy, republish, upload,
sell, rent, lease, sublicense, post, reproduce, transmit, or otherwise
distribute, the Materials or any part thereof. You may not, disassemble
decompile, reverse engineer, or otherwise attempt to derive the source code for
any of the Materials or modify or create any derivative works of the Materials
or documentation;
Any alteration or Modification of the Materials or use of the Materials for any
other purpose, including without limitations the use of Materials on any other
web site or networked computer environment is strictly prohibited, and be deemed
a violation of PanaSystem Corporation copyright and other proprietary (including
intellectual property) rights.
3. PATENTS
Without limiting any of the abovementioned or hereunder, PanaSystem or any
of its licensors or associated products, technology and processes referred to or
posted on the Web Site may be covered by one or more patents and/or are subject
to other trade secret and/or any other proprietary rights. No transfer or grant
of any rights under any such patents is made or is to be implied by any
stipulation of these Terms of Use or by any other provision contained in
Returneasy, and PanaSystem and/or its licensors and/or associates reserves all
these rights.
4. TRADEMARKS
Without limiting any of the abovementioned or hereunder, ReturneasyŽ and
Returneasy logoŽ, as well as other names and marks that are mentioned on
Returneasy.com, are trademarks of Returneasy. Other company or product names are
the trademarks or registered trademarks of their respective holders. No transfer
or grant of any rights under any names, marks or logos is made or is to be
implied by any stipulation of these Terms of Use or by any other provision
contained in the Web Site, and all rights in these names, marks or logos are
reserved by Returneasy and/or respective holders.
You may use Returneasy Marks or product names to refer to Returneasy products
and services, thus you must follow the following guidelines whenever Returneasy
Marks appear:
i. Your use of Returneasy logo and Marks must not mislead customers or imply as
to any Returneasy sponsorship, affiliation, or endorsement of your company, or
your products or services.
ii. You should not use Returneasy Marks, or any other trademarks, service marks,
logos, or trade names of Returneasy, or any word, symbol, or design confusingly
similar, as part of your corporate name or as part of the name of any of your
product and service or third party's products/services; or as part of your
internet address, domain name, meta tags, or any other similar designations.
These guiding principles are not a definitive declaration of proper brand and
trademark use. Returneasy reserves the right to oppose any uses of Returneasy
Marks that Returneasy, in its sole discretion, considers unlawful or
unacceptable, even if such use is not expressly prohibited hereunder. Returneasy
further reserves the right to revise these guidelines at any time, without
notice.
5. SUBMISSIONS OF MATERIALS
Except as may be otherwise provided in a separate written agreement between
you and Returneasy you agree that any materials, including but not limited to
questions, suggestions, comments, ideas, plans, notes, discoveries, drawings,
arts, original or creative materials or other information, provided by you in
the form of email or submissions to Returneasy, or postings on Returneasy.com,
are non-confidential and shall become entirely the property of Returneasy to the
fullest extent permitted by relevant law. Returneasy shall own exclusive rights
and shall be entitled to the unrestricted use of these materials for any
purpose, commercial or otherwise, without acknowledgment or additional
compensation to you. In the event applicable law operates to prevent Returneasy
from becoming the sole owner of any such property, then this provision shall be
effective as granting to Returneasy (with unfettered rights of assignment) a
permanent, worldwide, paid-in-full, non-exclusive right (including any moral
rights) and license to make, use, reproduce, modify, adapt, , sell, publish,
translate, create derivative works from, distribute, communicate to the public,
perform and display the content (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media, or technology now known or
later developed, for the full term of any rights that may exist in any such
material.
6. CONTENT AND SERVICES INFORMATION
All content available through Returneasy.com, including but not limited to
data, technical drawings, configurations and order information is assumed to be
precise. However, you should independently appraise the accuracy of the
information and the efficacy for your particular needs of any content or service
available through Returneasy. Specifications for services can be changed without
notice, and Returneasy reserves the right to make changes without notice to
processing, materials, or configuration.
YOU ACKNOWLEDGE THAT USE OF ANY AND ALL DATA AND MATERIALS AVAILABLE THROUGH
RETURNEASY.COMŽ OR THROUGH ANY SOFTWARE OR PRODUCTS MADE AVAILABLE THEREFROM
SHALL BE MADE AT YOUR OWN RISK AND ENTIRELY DEPEND ON YOUR OWN JUDGMENT,
UNDERSTANDING AND CONSIDERATION, AND YOU IN CONNECTION WITH ANY SUCH USE.
7. RESTRICTED SECTIONS
Admission to certain sections on Returneasy.com is restricted to users
authorized in advance by Returneasy, in accordance with Returneasy policy
("Authorized User(s)") who have completed the registration process and who have
then been granted authorization for access, through issuance of a unique user ID
and password ("Restricted Section(s)"). No one except Authorized Users may
access or use these Restricted Sections. Registration, passwords and user IDs
are personal and non-transferable.
You will accept the entire responsibility for preserving the strict
confidentiality of the following:
1. user ID and password assigned to you
2. Any charges, damages, or losses that may be incurred or suffered as a result
of your failure to preserve the strict confidentiality of your user ID and
password.
Please note that Returneasy will not be legally responsible for any harm related
to the theft of your user ID and password, any disclosure of your user ID and
password, or your authorization to allow another person or individual to access
and use the Restricted Sections using your user ID and password. You agree to
immediately notify Returneasy of any unauthorized use of your user ID and
password.
8. INTERACTIVE AREA(S), POSTINGS AND USER CONDUCT
"Interactive Area(s)" means but is not limited to mailing lists, request
information forms, forums, etc. offered as part of Returneasy, and any other
forms of group electronic communications which may be made available through the
Web Site from time to time.
If you participate in Interactive Areas you are responsible for your own
communications and the consequences of posting your comments, messages, etc. If
you choose to post material using these Interactive Areas, you agree to do so
entirely for lawful purposes. You specifically agree that you will not (1) post
any material that is offensive, defamatory, abusive, or obscene, including,
without limitation, material which encourages behavior that would constitute a
criminal offense,(2)you will not give rise to civil liability or otherwise
violate any applicable local, state, federal, or international law; violate on
the copyright or any other proprietary right of any third-party;(3) you will not
invade the privacy of any other person; (4) you will not release a virus, worm,
Trojan horse, time bomb, or any other harmful program or component; or (5)
otherwise inappropriate or unlawful.
You also specifically agree that you will not: (a) after receiving warning,
continue to post material which we have advised you not to post; (b) attempt to
get unauthorized access to restricted areas of Returneasy, other accounts,
computer systems or networks connected to the Web Site, through password mining
or any other means; (c) create a fake identity or bogus email address or header,
or otherwise attempt to mislead others as to the identity of the sender or the
origin of the message; (d) post, generate or propagate "spam" or mass-mailings;
(e) harvest or otherwise collect information about others, including email
addresses, without their permission.
Returneasy is not and will not be responsible for, screening or monitoring
material posted by you or any other person or entity in Interactive Areas as
abovementioned. Returneasy reserves the right to eliminate material, which is
abusive, illegal, disruptive, or that otherwise fails to obey the rules of this
Agreement. Returneasy reserves the right to edit or delete any material posted
on our Web Site, regardless of whether such material violates these standards
for content.
WE FURTHER DO NOT REPRESENT, JUSTIFY OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR
RELIABILITY OF ANY OF THE MATERIAL POSTED IN INTERACTIVE AREAS. WE ALSO DO NOT
SUPPORT OR ENDORSE ANY OPINIONS EXPRESSED IN INTERACTIVE AREAS AS
ABOVEMENTIONED. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN
INTERACTIVE AREAS IS AT YOUR OWN RISK.
Without our articulate approval you shall not, distribute or otherwise publish
any material containing any solicitation of funds, promotion, advertising, or
solicitation for goods or services. You specifically accept that soliciting
other Users of this Web Site to join or become members of any commercial online
or offline service or other organization is forbidden and prohibited.
9. LINKING TO THE WEB SITE
Unless you have a written agreement in effect with Returneasy which states
otherwise, links to the Web Site may be provided only in the following
comportment: (a) links must not propose or otherwise create the false appearance
that Returneasy is associated with any person or entity, or that Returneasy
otherwise supports, sponsors or affiliated with any product or service; (b) the
appearance, position and other aspects of any link to Returneasy may not be such
as to damage or attenuate the goodwill associated with Returneasy name and
trademarks; (c) all links to the Web Site must "point" to the URL
www.returneasy.com or forms/ pages in the Web Site; (d) all links to Returneasy.
Without limiting any of the abovementioned, Returneasy reserves the right to
revoke its permission above to the providing of any link to the Web Site, at any
time in its sole discretion.
10. PRIVACY
Unless otherwise clearly confirmed herein or in the Privacy Policy, any
non-personal information or material sent to Returneasy will be considered NOT
to be confidential. By sending Returneasy any non-personal information or
material, you grant Returneasy an unlimited, permanent license to use,
reproduce, exhibit, perform, modify, convey and distribute those materials or
information, and you also agree that Returneasy can freely use any ideas,
concepts or techniques that you send us for any purpose. However, we will not
release your name or otherwise expose the fact that you submitted materials or
other information to us unless: (a) you give us permission to do so; (b) we
first notify you that the materials or other information you submit to a
particular section of a Returneasy will be published or otherwise used with your
name on it; or (c) we are required to do so by law.
To learn more about how Returneasy protects your personal information, such as
your name and address, please refer to the Returneasy Online Privacy Statement.
11. DISCLAIMER
THE MATERIALS AND CONTENT IN RETURNEASY.COM ARE PROVIDED "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT ASSURANCES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO
THE FULLEST EXTENT PERMITTED AND PURSUANT TO APPLICABLE LAW, RETURNEASY
DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, CONTRAVENTION AND FITNESS FOR A
PARTICULAR REASON.
RETURNEASY DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED OR
OTHERWISE AVAILABLE IN THIS WEB SITE WILL BE ACCURATE, COMPLETE, RELIABLE,
CURRENT, UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S)
THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
RETURNEASY DOES NOT WARRANT OR MAKE ANY ILLUSTRATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEB SITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR
TAKING ALL PRECAUTIONS YOU THINK NECESSARY OR REASONABLE TO PROTECT YOU AGAINST
ANY CLAIM, LOSS, DAMAGE OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR
RELIANCE UPON RETURNEASY.COM AND/OR ANY OF THE MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE SEGREGATION OF CERTAIN IMPLIED WARRANTIES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. RESTRICTION OF RESPONSIBILITY
UNDER ANY SITUATIONS WHATSOEVER WILL RETURNEASY, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER
INDIVIDUAL FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL
(INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR
PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE
OF RETURNEASY.COM, OR DEPENDENCE ON ANY OF THE MATERIALS OR TO ANY INACCURACIES,
OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY
RETURNEASY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
14. THIRD PARTY'S CONTENT
To the extent that the Web Site contains links to outside services and
resources, RETURNEASY does not control the availability and content of those
outside services and resources. Any concerns regarding any such service or
resource, or any link thereto, should be directed to such particular service or
resource provider.
Some of the Materials in RETURNEASY.COM may be provided by third parties. Any
opinions, advice, statements, services, offers or other information expressed or
made available by such third parties, are those of the respective author(s) or
distributor(s) and do not necessarily state or reflect those of RETURNEASY.
14. NO ENDORSEMENT
No reference made in Returneasy.com to any specific commercial product, process,
website or service (or provider of such product, process or service) other than
such products, processes, or services of RETURNEASY, constitute or imply an
endorsement, recommendation or favoring by RETURNEASY. RETURNEASY makes no claim
or illustration regarding, and accepts no responsibility for, the quality,
content, nature or reliability of websites accessible by hyperlink from
Returneasy.com, or websites linking to this Web Site.
15. INDEMNIFICATION
You agree to defend, assure and hold RETURNEASY and anyone on its behalf,
including but not limited to, all of its owners, managers, officers and
employees, harmless against any losses, expenses, costs, claims, damages
(including reasonable attorneys' fees, expert fees' and other reasonable costs
of litigation) arising from, incurred as a result of, or in any manner related
to your breach of the provisions of these Terms of Use.
16. GENERAL
These Terms of Use shall be administrated by and construed in accordance
with the laws of the state of California, and submitted to the exclusive
jurisdiction of the Courts in Los Angeles County. If any provision of these
Terms of Use is determined to be invalid or unenforceable, the provision shall
be considered to be severable from the remainder of these Terms of Use and shall
not cause the invalidity or unenforceability of the remainder of these Terms of
Use. This is the entire agreement between you and RETURNEASY with regards to the
subject matter herein and these Terms of Use shall not be modified except as
provided herein. RETURNEASY may assign this Terms of Use agreement, in whole or
in part, in its sole discretion. The waiver by RETURNEASY of a breach of any
stipulation of these Terms of Use shall not function or be interpreted as a
waiver of any other or a subsequent breach of the same or a different kind.
17. INTELLECTUAL PROPERTY INFRINGEMENT POLICY
RETURNEASY is committed to protecting the rights of copyright right holders
and seeks to comply with all applicable laws and regulations regarding the
protection of intellectual property.
By posting software or other content to this site, you warrant to RETURNEASY
(and we rely on this warranty) that such items are known to you to be free
shareware, freeware, etc. or otherwise in the public domain, and you agree to
indemnify us against all claims, damages, or losses occuring from an action
alleging infringement of copyright or other proprietary rights in such work.
RETURNEASY will process any notices of suspected copyright infringement and will
take appropriate actions required under applicable laws. Upon receipt of
appropriate notices, RETURNEASY will act expeditiously to eliminate or disable
access to any material claimed to be infringing or claimed to be the subject of
infringing activity and will act expeditiously to remove or disable access to
any indication or link to material or activity that is claimed to be infringing.
RETURNEASY will accept no responsibility for any losses or damages assumed to
occur from use of or reliance on such software or content. We undertake no duty
to determine the currency, operability, or fitness for any particular purpose of
any shareware software posted to this Web Site.
18. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS
RETURNEASY reserves the right to limit or revoke your access to this Web
Site, or any area hereunder, in its sole discretion, at any time, and for any
reason, including, but not limited to technical difficulties or violation of
these Terms of Use.
19.
Unsubscription:
you (user/online seller) agree to remove all retureasy logo and link
from your listing upon unsubscribing.