THA NOW MARKETING GROUP WEBSITE ACCESS DISCLAIMER
THE FOLLOWING DESCRIBES THE TERMS ON WHICH THA NOW MARKETING GROUP OFFERS YOU ACCESS TO OUR WEBSITE.
Website User Agreement
This Agreement describes the terms and conditions applicable to your use and/or purchase of our services available under the domain and sub-domains of www.thanow.com. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our website, or services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use the THA NOW MARKETING GROUP website.
This User Agreement ("Agreement") constitutes the entire agreement of the parties. This agreement is entered into by the customer (hereinafter "Customer") and THA NOW MARKETING GROUP, a Michigan Company (hereinafter "THA NOW").
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective thirty (30) days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and THANOW. This Agreement is effective on August 1, 2013 for new users, and is otherwise effective 30 days subsequent to that date for all users prior to August 1, 2013.
1. Use Eligibility. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. If you do not qualify, please do not use our website or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. Payment. Customer agrees to compensate THANOW for any services ordered through this website at the full retail price.
3. No Warranty. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR MANUFACTURES PROVIDE OUR WEBSITE, GOODS AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
4. Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES, CONTRACTORS OR OUR MANUFACTURERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR MULTIPLIED DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING LOSS OF PROFITS, LOSS OF USE OR OTHER ECONOMIC DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF THANOW’S LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR BY STATUTE (INCLUDING, BUT NOT LIMITED TO, THE MICHIGAN ACT AND ALL OTHER CONSUMER PROTECTION STATUTES). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, CONTRACTORS AND SUPPLIERS, TO YOU OR ANY PARTIES, IN ANY CIRCUMSTANCE, ARE LIMITED TO THE GREATER OF (A) THE AMOUNT OF THE PURCHASE, AND (B) $100. CUSTOMER ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS PART OF THE CONSIDERATION OF THIS AGREEMENT, AND WAS SPECIFICALLY INCLUDED BY THANOW IN THE CALCULATION AND ESTABLISHMENT OF THE PRICES PAID BY CUSTOMER, WHICH, BUT FOR THIS LIMITATION, WOULD HAVE BEEN MUCH HIGHER.
5. Indemnification. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. CUSTOMER SHALL ALSO INDEMNIFY AND PAY TO THANOW, AS WELL AS HOLD THANOW HARMLESS AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS, LIABILITIES, ATTORNEYS’ FEES, OR ANY OTHER EXPENSES WHATSOEVER WHICH THANOW MAY AT ANY TIME SUSTAIN, INCUR, OR BE PUT TO BY REASON OF, OR IN CONNECTION WITH, ITS PERFORMANCE UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM THANOW’S SOLE OR COMPARATIVE NEGLIGENCE.
6. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website or services.
7. Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to THANOW Marketing Group, Attn: Yena El, 21590 Greenfield Road, Suite 204, Oak Park, Michigan 48237 (in THANOW Marketing Group’s case), or to the address you provide to THANOW during the purchase process (in your case). Notice shall be deemed given 3 days after the date of mailing.
8. Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by THANOW to collect our fees and/or recover damages for, or to obtain an injunction relating to, the THANOW website operations and intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Detroit, Michigan, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. THANOW may seek any interim or preliminary relief from a court of competent jurisdiction in Detroit, Michigan necessary to protect the rights or property of THANOW, pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
9. Intellectual Property. Both parties agree that THANOW is the sole owner of its website and all its contents, and that said website and contents constitute valuable intellectual property. Customer promises not to use THANOW’s website nor its contents for any use, other than informational purposes intended by THANOW or to purchase services. Customer promises not to make any copy or colorable imitation of THANOW’s website for any purpose whatsoever.
Customer agrees that in the event of a breach or threatened breach by Customer of the terms and conditions of this paragraph, Customer agrees that THANOW shall be entitled to a Temporary Restraining Order and/or a Permanent Injunction restraining Customer from breaching or attempting to breach, in whole or in part, any confidentiality, or intellectual property covenant set forth above. THANOW may pursue such injunctive remedies in addition to any other legal remedy. Nothing herein shall be construed as prohibiting THANOW from pursuing any other remedies available to THANOW for such breach or threatened breach, including the recovery of damages from Customer. Any indulgence by THANOW under this Section shall not be construed to be a waiver of any of its rights hereunder.
A. This Agreement contains the entire agreement of the parties. This written agreement supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein.
B. This Agreement may be modified only by written attachment agreed to and executed by all of the parties hereto.
C. This Agreement shall be subject to and governed by the laws of the State of Michigan, with the exception of its conflict of laws provisions.
D. Any waiver or forbearance by THANOW of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer.
E. This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns.
F. If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement and Schedules shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable.