These Terms of Use constitute a legally binding
agreement made between
us, whether personally or on behalf of an entity (“you”) and Guarantyitems Online Wholesale and Retail Sales, concerning your
access to and use of our website (www.guarantyitems.com)
as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the
“Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these
Terms of Use. If you do not agree with all of these Terms
of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental
terms and conditions or documents that may be posted on the Site from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes
or modifications to these Terms of Use at any
time and for any
reason.
We will alert you about any changes by updating the “Last updated”
date of these Terms of Use, and you waive any right
to receive specific
notice of each such change.
It is your
responsibility to periodically review these Terms of Use to stay informed of updates.
You will be subject to, and will be deemed
to have been made aware
of and to have accepted,
the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of
Use are posted.
The information provided on the
Site is not intended for distribution to or use by any person or entity
in any jurisdiction or country
where such distribution or use would be contrary
to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons
who choose to access the Site from other locations
do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent
local laws are applicable.
Option 1: The Site is intended
for users who are at least 18 years old. Persons under
the age of 18 are not
permitted to use or register
for the Site.
Option 2: [The Site is intended
for users who are at least 13 years of age.] All users who are
minors in the jurisdiction in which they reside (generally under the age of 18)
must have the permission of, and be directly supervised by, their parent
or guardian to use the Site.
If you are a minor, you must have your parent or guardian read and agree to
these Terms of Use prior
to you using the Site.
Unless otherwise
indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright
and trademark laws and various other intellectual property rights and unfair competition laws of the Federal
Republic of Nigeria, foreign jurisdictions, and international conventions.
The Content and
the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly
provided in these Terms of Use, no part of the
Site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express
prior written permission.
Provided that you are eligible to use the Site, you are granted
a limited license
to access and use the Site and to download
or print a copy of any portion
of the Content to which you
have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted
to you in and to the Site, the Content and the
Marks.
By using the Site, you represent
and warrant that:
(1) all registration information you submit will be true, accurate, current,
and complete;
(2)
you will maintain the accuracy of such information and promptly update such registration information as
necessary;
(3)
you have the legal capacity and you agree to comply
with these Terms of Use; [(4) you are
not under the age of 13];
(5)
you are not a minor in the jurisdiction in which you reside[, or if a minor, you have received parental permission to use the Site];
(6)
you will not access the Site through automated or non-human means, whether through
a bot, script or otherwise;
(7) you will not use the Site for any illegal
or unauthorized purpose;
(8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue,
inaccurate, not current,
or incomplete, we have
the right to suspend or terminate your account and refuse any and all current
or future use of the Site
(or any portion
thereof).
You may be
required to register with the Site. You agree to keep your password confidential and will be responsible for
all use of your account and password. We reserve the right to remove, reclaim,
or change a username you select if we determine, in our sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
We make every
effort to display as accurately as possible the colors, features, specifications, and details of the
products available on the Site. However, we do not guarantee that the colors, features, specifications, and details
of the products will be accurate, complete,
reliable, current, or free of other errors,
and your electronic display may not accurately reflect
the actual colors and details
of the products.
All products
are subject to availability, and we cannot guarantee that items will be in stock.
We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
We accept
the following forms of payment:bank transfer, online gateway
payment, and Bank deposit. You agree to provide
current, complete, and accurate purchase and
account information for all purchases made via the Site. You further agree to promptly
update account and payment information, including email address, payment
method, and payment card expiration
date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us.
We may change prices at any time. All payments shall be in Naira, Pounds or U.S. dollars.
You agree to pay
all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge
your chosen payment
provider for any such amounts upon placing your order.
If your order is
subject to recurring charges, then you consent to our charging your payment method on a recurring basis
without requiring your prior approval for each
recurring charge, until such time as you cancel the applicable order.
We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or
received payment.
We reserve
the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These restrictions may include orders placed by or under the
same customer account, the same payment method,
and/or orders that use the same billing
or shipping address.
We reserve the right to limit or prohibit orders that, in our sole
judgement, appear to be placed by dealers,
resellers, or distributors.
All sales
are final and no refund
will be issued./Please review our Return Policy
posted on the Site prior
to making any purchases.
You may not access
or use the Site for any purpose
other than that for which we make
the Site available. The Site may not be used in connection with any
commercial endeavors except
those that are specifically endorsed
or approved by us.
As a user of the Site, you agree not to:
1.
systematically retrieve
data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
2.
make any
unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means
for the purpose of sending
unsolicited email, or creating user accounts by automated means or under
false pretenses.
3. use a buying agent or purchasing agent
to make purchases on the Site.
4.
use the Site to advertise or offer to sell goods
and services.
5.
circumvent, disable, or otherwise interfere with security-related features
of the Site, including
features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained
therein.
6. engage in unauthorized framing of or linking to the Site.
7.
trick, defraud,
or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords;
8.
make improper
use of our support services
or submit false reports of abuse or misconduct.
9.
engage in any automated
use of the system, such as using
scripts to send comments
or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10.
interfere with, disrupt, or create an undue burden
on the Site or the networks or services
connected to the Site.
11.
attempt to impersonate another
user or person or use the username
of another user.
12. sell or otherwise
transfer your profile.
13.
use any information obtained
from the Site in order to harass,
abuse, or harm another person.
14.
use the
Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15.
decipher, decompile, disassemble, or reverse
engineer any of the software
comprising or in any way making up a part of the Site.
16.
attempt to bypass any measures of the Site designed to prevent or restrict access
to the Site, or any portion of the
Site.
17.
harass, annoy,
intimidate, or threaten
any of our employees or agents engaged
in providing any portion of the Site to you.
18. delete the copyright
or other proprietary rights notice from any Content.
19.
copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20.
upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses,
or other material, including excessive use of capital
letters and spamming
(continuous
posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies,
impairs, disrupts, alters,
or interferes with the use, features, functions, operation, or
maintenance of the Site.
21.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection
or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22.
except as may be the result
of standard search engine or Internet browser
usage, use, launch, develop,
or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the Site, or using
or launching any unauthorized script
or other software.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24.
use the Site in a manner
inconsistent with any applicable laws or regulations.
25.
[other]
The Site may
invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality,
and may provide you with the opportunity to create, submit,
post, display, transmit,
perform, publish, distribute, or broadcast content
and materials to us or on the Site, including
but not limited
to text, writings,
video, audio, photographs, graphics, comments,
suggestions, or personal information or other
material (collectively, "Contributions").
Contributions
may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated
as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby
represent and warrant that:
1.
the creation, distribution, transmission, public display, or performance, and the
accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including
but not limited to the copyright, patent,
trademark, trade secret,
or moral rights
of any third party.
2.
you are the creator
and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use and to authorize
us, the Site, and other users of the
Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3.
you have
the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner
contemplated by the Site and these Terms of Use.
4. your Contributions are not false,
inaccurate, or misleading.
5.
your
Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.
6.
your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8.
your Contributions do not advocate
the violent overthrow of any government or incite, encourage, or threaten physical
harm against another.
9. your Contributions do not violate
any applicable law, regulation, or rule.
10. your Contributions do not violate
the privacy or publicity rights
of any third party.
11.
your
Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits
people under the age of 18 in a sexual
or violent manner.
12.
your
Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13.
your Contributions do not include
any offensive comments
that are connected to race, national
origin, gender, sexual
preference, or physical
handicap.
14.
your Contributions do not otherwise
violate, or link to material
that violates, any provision of these Terms
of Use, or any applicable law or regulation.
Any use of the
Site in violation of the foregoing violates these Terms of Use and may result
in, among other things, termination or suspension of your rights to use the Site.
By posting your
Contributions to any part of the Site [or making Contributions accessible to the Site by linking your
account from the Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non- exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license
to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly
display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and
voice) for any purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or
incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media
formats and through
any media channels.
This license will apply to any
form, media, or technology now known or hereafter developed, and includes
our use of your name,
company name, and franchise name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide. You
waive all moral rights in your Contributions,
and you warrant that moral rights have not otherwise been asserted in
your Contributions.
We do not assert any ownership
over your Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area on the Site.
You are solely
responsible for your Contributions to the Site and you expressly agree
to
exonerate us from any and all responsibility and to refrain
from any legal action against
us regarding your Contributions.
We have the
right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or delete any
Contributions at any time and for
any reason, without notice. We have no obligation to monitor your Contributions.
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply
with the following criteria:
(1) you should have firsthand experience with the person/entity being
reviewed;
(2)
your reviews
should not contain
offensive profanity, or abusive, racist,
offensive, or hate
language;
(3)
your reviews should not contain discriminatory references based on religion, race,
gender, national origin,
age, marital status,
sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative
reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements;
(8)
you may not organize
a campaign encouraging others to post reviews, whether
positive or negative.
We may accept, reject,
or remove reviews
in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are
not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume
liability for any review or for any claims, liabilities, or losses resulting
from any review.
By posting a review,
you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable,
and sublicensable right and license to reproduce, modify, translate, transmit
by any means, display, perform,
and/or distribute all content
relating to reviews.
If you access the
Site via a mobile application, then we grant you a revocable, non- exclusive, non-transferable, limited right
to install and use the mobile application on
wireless electronic devices owned or controlled by you, and to access
and use the mobile application on such devices
strictly in accordance with the terms and conditions of this mobile
application license contained
in these Terms
of Use.
You shall not:
(1)
decompile, reverse
engineer, disassemble, attempt
to derive the source code of, or decrypt
the application;
(2)
make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3)
violate any applicable laws, rules, or regulations in connection with your access
or use of the
application;
(4)
remove, alter,
or obscure any proprietary notice
(including any notice
of copyright or trademark) posted
by us or the licensors of the application;
(5)
use the application for any revenue
generating endeavor, commercial enterprise, or other
purpose for which it
is not designed or intended;
(6)
make the application available
over a network or other environment permitting access or use by multiple
devices or users at the same time;
(7)
use the application for creating a product, service,
or software that is, directly
or indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any
unsolicited commercial e-mail;
(9)
use any proprietary information or any of our interfaces or our other intellectual property in the design, development,
manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
The following terms apply when you use a mobile
application obtained from either the Apple Store or Google
Play (each an “App Distributor”) to access the Site:
(1)
the license
granted to you for our mobile application is limited to a non-transferable license to use the application on a
device that utilizes the Apple iOS or Android
operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s
terms of service;
(2)
we are responsible for providing any maintenance and support services
with respect to the mobile application as specified in
the terms and conditions of this mobile application
license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that
each App Distributor has no obligation whatsoever to furnish any maintenance and support services
with respect to the mobile
application;
(3)
in the
event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable
App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price,
if any, paid for the mobile application, and to the maximum extent
permitted by applicable law, the App Distributor will have no other warranty
obligation whatsoever with respect to the mobile
application;
(4) you represent and warrant that (i) you are not located in a country
that is subject
to a
U.S. government
embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of
prohibited or restricted parties;
(5)
you must
comply with applicable third-party terms of agreement when using the mobile
application, e.g., if you have a VoIP application, then you must not be in violation
of their wireless
data service agreement when using the mobile application;
(6)
you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license
contained in these Terms of Use,
and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms
and conditions in this mobile application license contained
in these Terms of Use against you as a third-party beneficiary thereof.
As part of the
functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account,
a “Third-Party Account”)
by either: (1) providing your Third-Party Account login information through the Site;
or (2) allowing us to access your Third-Party Account, as is
permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent
and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us
access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making
us subject to any
usage limitations imposed by the third-party service provider of the
Third-Party Account.
By granting
us access to any Third-Party Accounts, you understand that (1) we may access,
make available, and store (if applicable) any content that you have provided to and
stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your
account, including without limitation any friend lists and (2) we may submit to and receive
from your Third-Party Account
additional information to the extent
you are notified when you link your account with the Third-Party Account.
Depending
on the Third-Party Accounts
you choose and subject to the privacy
settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through
your account on the
Site. Please note that if a Third-Party Account or associated service becomes unavailable
or our access to such Third-Party Account is terminated by the
third-party service provider, then
Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between
your account on the Site and your Third-Party Accounts
at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH
THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD- PARTY SERVICE PROVIDERS.
We make no
effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social
Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account
and your contacts
list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those
contacts who have also registered to use the Site.
You can
deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through
your account settings
(if applicable). We will
attempt to delete any information stored on our servers that was obtained through such Third-Party Account,
except the username and profile picture that
become associated with your account.
You acknowledge and agree that
any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site ("Submissions") provided
by you to us are non-confidential and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for
any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
You hereby
waive all moral rights to any such Submissions, and you hereby warrant that
any such Submissions are original with you or that you have the right to
submit such Submissions. You agree
there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Site may contain
(or you may be sent via the Site) links
to other websites
("Third- Party
Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video,
information, applications, software, and other content or items belonging
to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed
through the Site or any Third-Party Content
posted on, available through, or installed
from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites
or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content
does not imply approval or endorsement thereof
by us. If you decide to leave the Site and access the
Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should be aware
these Terms of Use no longer govern.
You should review
the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Site or relating
to any applications you use or install from the Site. Any purchases
you make through Third- Party
Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse
the products or services offered
on Third-Party Websites and
you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall
hold us harmless from any losses
sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow
advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar
advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the
Site or products sold through those advertisements.
Further, as an advertiser, you
warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited
to, intellectual property rights, publicity rights,
and contractual rights.
[As an
advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice
and Policy provisions as described below, and you understand and agree there will be no refund
or other compensation for DMCA takedown-related issues.] We simply
provide the space to place such advertisements, and we have no other relationship with advertisers.
We reserve the right,
but not the obligation, to:
(1) monitor the Site for violations of these Terms
of Use;
(2)
take appropriate legal action against
anyone who, in our sole discretion, violates
the law or these Terms of
Use, including without limitation, reporting such user to law enforcement authorities;
(3)
in our sole discretion and without limitation, refuse, restrict access
to, limit the availability
of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4)
in our sole
discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our
systems;
(5)
otherwise manage
the Site in a manner
designed to protect
our rights and property and to facilitate the proper functioning of the Site.
We care about data privacy and security. Please
review our Privacy
Policy posted on the Site. By using the Site, you agree to be
bound by our Privacy Policy, which is incorporated into these
Terms of Use.
If you access
the Site from the European Union, Asia, or any other region of the world with
laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Nigeria,
then through your continued use of the Site, you are transferring your data to Nigeria, and you expressly consent to have your data transferred to and processed in Nigeria.
[Further, we
do not knowingly accept, request, or solicit information from children or knowingly
market to children. Therefore, in accordance with Nigeria. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided
personal information to us without
the requisite and verifiable parental
consent, we will delete
that information from the Site as quickly
as is reasonably practical.]
We respect the
intellectual property rights of others. If you believe that any material available
on or through the Site infringes upon any copyright
you own or control, please
immediately notify our Designated Copyright Agent using the email provided
below
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be
advised that pursuant to federal law you may
be held liable for damages
if you make material misrepresentations in a Notification.
Thus, if you are not sure that material
located on or linked to by the Site infringes your copyright, you should consider
first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
(1)
A physical
or electronic signature of a person
authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
(2)
identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works on the Site are covered by the Notification, a
representative list of such works on the Site;
(3)
identification of the material
that is claimed
to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit
us to locate the material;
(4)
information reasonably sufficient to permit
us to contact the complaining party, such as an address, telephone number, and, if
available, an email address at which the complaining party may be contacted;
(5)
a statement
that the complaining party has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent,
or the law;
(6)
a statement
that the information in the notification is accurate, and under penalty
of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed
upon.
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you
may submit a written counter notification to
[us/our Designated Copyright
Agent] using the email address
provided below
To be an effective
Counter Notification under
the DMCA, your Counter Notification must include substantially the following:
(1)
identification of the material
that has been removed or disabled and the location
at which the material appeared
before it was removed or disabled;
(2)
a statement
that you consent
to the jurisdiction of the Federal District
Court in which
your address is located, or if your address is outside Nigeria, for any
judicial district in which we are
located;
(3)
a statement
that you will accept service
of process from the party that filed
the Notification or the party's agent;
(4) your name, address,
and telephone number;
(5)
a statement under penalty of perjury that you have a good faith belief that the material
in question was removed or disabled as a result of a mistake or misidentification of the material
to be removed or disabled;
(6) your physical or electronic signature.
If you send us a
valid, written Counter Notification meeting the requirements described above, we will restore your removed or
disabled material, unless we first receive notice from the party filing the Notification informing
us that such party has filed a court action
to restrain you from engaging
in infringing activity
related to the material in question.
Please note
that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including
costs and attorney's fees. Filing a false Counter
Notification constitutes perjury.
Designated Copyright
Agent
Guarantyitems Online Wholesale and Retail Sales,
1050B Alao Arasi Street
Arepo, Ogun
State bilsakcoltd@gmail.com
We respect the
intellectual property rights of others. If you believe that any material available
on or through the Site infringes upon any copyright
you own or control, please
immediately notify us using the email address
provided below
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be
advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that
material located on or linked
to by the Site infringes
your copyright, you should consider
first contacting an attorney.]
These Terms of
Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE
MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION
THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we
terminate or suspend your account for any reason, you are prohibited from registering and creating a new account
under your name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition
to terminating or suspending your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
We reserve
the right to change, modify,
or remove the contents of the Site at any time or for
any reason at our sole discretion without notice. However, we have no
obligation to update any
information on our Site. We also reserve the right to modify or discontinue all or part of
the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times.
We may experience hardware, software, or other problems
or need to perform maintenance related to the Site,
resulting in interruptions, delays,
or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify
the Site at any time or for any reason
without notice to you.
You agree
that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or
use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms of Use will be construed to obligate us to maintain
and support the Site or to supply any corrections, updates, or releases
in connection therewith.
These Terms of
Use and your use of the Site are governed by and construed in accordance with the laws of the State applicable to agreements made and to be entirely
performed within the State/Commonwealth of Nigeria, without regard to
its conflict of law principles.
Option
1: Any legal action of whatever nature brought by either you or us
(collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state
and federal courts located in Nigeria, Lagos state, and the Parties
hereby consent to, and waive all
defenses of lack of personal jurisdiction and forum non convenient with respect
to venue and jurisdiction in such state and federal
courts.
Application
of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or
proceeding brought by either Party
related in any way to the Site be commenced
more than Two years after the cause
of action arose.
To expedite resolution and control the cost of any dispute,
controversy, or claim related
to these Terms of
Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree
to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally
for at least 90days before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other
Party.
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes expressly
excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT
THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE
A JURY TRIAL.
The arbitration shall be commenced
and conducted under the Commercial Arbitration
Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer
Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.
Your arbitration
fees and your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited
by the AAA Consumer Rules.
[If such costs are determined to by the arbitrator to be excessive, we
will pay all arbitration fees and expenses.]
The arbitration may be conducted in person, through
the submission of documents, by phone,
or online. The arbitrator will make a decision in writing, but need not provide
a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where
otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Nigeria,
Lagos state. Except
as otherwise provided
herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgement on the award entered by the arbitrator.
If for any reason,
a Dispute proceeds
in court rather
than arbitration, the Dispute shall be commenced or prosecuted in the state and
federal courts located in Nigeria, Lagos state,
and the Parties hereby consent to, and waive all defences of lack of personal jurisdiction, and forum non convenient
with respect to venue and jurisdiction in such
state and federal courts. Application of the United Nations Convention
on Contracts for the International
Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute
brought by either Party related in any way to the Site be commenced more than Two years after the
cause of action arose. If this provision is found to be illegal
or unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion
of this provision found to be illegal or unenforceable and such Dispute
shall be decided
by a court of competent
jurisdiction within the courts listed
for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.
To expedite
resolution and control
the cost of any dispute,
controversy or claim
related to these Terms of Use
(each a "Dispute" and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall
be finally and exclusively resolved
by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT
TO SUE IN COURT
AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available
at the AAA website www.adr.org.
Your
arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited
by the AAA Consumer Rules.
[If such costs are determined to by the arbitrator to be excessive, we will pay the
arbitration fees and expenses
base on mutual agreement.]
The arbitration may be conducted
in person, through
the submission of documents, by phone,
or online. The arbitrator will make a decision in writing, but need not provide
a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where
otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Nigeria,
Lagos state. Except
as otherwise provided
herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgement on the award entered by the arbitrator.
If for any reason,
a Dispute proceeds
in court rather
than arbitration, the Dispute shall be commenced or prosecuted in the state and
federal courts located in Nigeria, Lagos state,
and the Parties hereby consent to, and waive all defences of lack of, personal jurisdiction, and forum non convenient
with respect to venue and jurisdiction in such
state and federal
courts.
Application of the United
Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Terms of
Use.
In no event shall any Dispute
brought by either Party related in any way to the Site or Services be commenced more than Two years
after the cause of action arose. If this provision is found to be illegal
or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the
personal jurisdiction of that court.
The Parties
agree that any arbitration shall be limited
to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined
with any other proceeding; (b) there is no right
or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree
that the following Disputes are not subject to the above provisions concerning [informal negotiations and]
binding arbitration: (a) any Disputes seeking to enforce or protect,
or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related
to, or arising from, allegations of theft, piracy,
invasion of privacy,
or unauthorized use; and (c) any claim for injunctive relief.
If this provision is found to be illegal
or unenforceable, then neither Party will elect to arbitrate
any Dispute falling
within that portion
of this provision found to be illegal or unenforceable and such Dispute
shall be decided
by a court of competent
jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change
or update the information on the Site at any time, without
prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST
EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE
SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE
AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM
THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY
ANY THIRD PARTY, AND/OR (6) ANY ERRORS
OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD- PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. [NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING
THE TWO MONTHS PERIOD PRIOR TO ANY
CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and
expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3)
breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of
Use; (5) your violation of the rights of a third party, including but not limited
to intellectual property
rights; or (6) any
overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the exclusive
defence and control
of any matter for which you are required to indemnify us, and
you agree to cooperate, at your expense, with our defence of such claims. We
will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain
certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although
we perform regular
routine backups of data, you are solely
responsible for all data that you
transmit or that relates
to any activity you have undertaken using the Site.
You agree that we
shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action
against us arising
from any such loss or corruption of such
data.
Visiting the Site, sending
us emails, and completing online
forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices,
disclosures, and other
communications we provide
to you electronically, via email and on the Site, satisfy any legal
requirement that such communication
be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED
BY US OR VIA THE SITE.
You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention
of non-electronic records,
or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer
Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210
or (916) 445-1254.
These Terms of Use and any policies or operating rules posted by us on the Site or in
respect to the Site constitute the entire agreement
and understanding between
you and us. Our failure to exercise or enforce any right or provision
of these Terms of Use shall not operate
as a waiver of such right or
provision.
These Terms of Use operate to the fullest
extent permissible by law. We may assign any or all of our rights and obligations to
others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control.
If any
provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed
severable from these
Terms of Use and does not affect
the validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.
You agree that these
Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and
all defences you may have based on the electronic
form of these Terms of Use and the lack of signing by the parties hereto to execute
these Terms of Use.
In order to resolve
a complaint regarding the Site or to receive
further information regarding use of the Site,
please contact us at:
Arepo, Ogun State