ACCEPTANCE OF TERMS
Welcome to thetreasurex.com. TreasureX requires that all students, non-students, non-profit organizations, partners, retailers, and all other visitors (collectively, “the Users”, or “User”) to TreasureX’s website, www.thetreasurex.com (“the Site”) and any, or all services available on or through the Site, or otherwise provided by TreasureX (collectively, the “Service”) agree to the terms and conditions set forth in this User Agreement (“Agreement”). You should review carefully the following terms and conditions before using the Site or Service as they affect your legal rights and obligations. BY USING THE SITE, YOU ACKNOWLEGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO THE TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SITE OR SERVICE, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY SERVICE OFFERED THROUGH THE SITE. As used in this Agreement, “we,” “our” and “us” means TreasureX unless otherwise indicated.
Modifications to the Agreement
Eligibility to Use the Site
By using the Site, you represent and warrant that (a) all information you submit is truthful, current, complete and accurate; (b) your use of the Site does not violate any applicable law or regulation in your jurisdiction when you solicit donations, funds, particularly but not limited to the laws relating to your marketing and solicitation of your secondhand items; and (c) the funds you obtain through the methods within the Site and Service will be used solely for the purposes described in the materials that you post; and (d) you are at least 18 years of age; or, if you are not at least 18 years of age, you are at least 13 years of age and are using the Site with the express consent of your parent or guardian who has read and agrees to the terms of this Agreement. No one under age 13 may use the Site. TreasureX may, at its sole and absolute discretion and at any time, terminate your privilege to use this Site and/or Service for any other reason.
Account Registration & Membership
In order for Users to participate in the Site and/or Service, you must create a registered User account, membership or subscription (collectively, “Account” of the Site and/or Service). When creating, updating or modifying Account information to the Site and Service, you agree to provide only true, accurate, current and complete information. When you register with us, you accept responsibility for all activities that occur under your Account or password and you agree you will not sell, transfer or assign your membership or any membership rights in the Account.
You are solely responsible for maintaining the confidentiality of your password, username and all uses of your Account regardless of whether you have authorized such uses. You shall not share your Account with anyone else. You agree not to use the Account, username or password of anyone else. You shall not disclose your password to anyone else. Multiple Accounts are prohibited. You agree to have only one Account. You agree to exit from your Account at the end of each session and to take all reasonable precautions to prevent others from using your Account. You agree to notify TreasureX immediately of any unauthorized use of your Account.
Additionally, TreasureX reserves the right to terminate Accounts created by Users who appropriate the name, e-mail address, or other personal identifiable information of any other individual or entity. TreasureX, also reserves the right to refuse to approve an Account or terminate an existing Account with or without cause or notice (other than any notice required by applicable law and not waived herein) for any reason at any time. TreasureX is not liable for any losses or damages incurred by you as a result of the termination of your Account or refusal of the Service.
TreasureX and authorized third parties acting on behalf of TreasureX may send you e-mail notifications from time to time in order to inform you about important information regarding your use of the Site and Service. You may opt out from receiving such e-mails by selecting the “opt out” feature in each e-mail. However, even if you opt out you understand and agree that you will still be held responsible as a party who should have known the information contained in these e-mails.
Buyer and Seller Representations
Any User of the Site, that employs the Service and creates, initiates, launches, publishes, promotes, or starts, (commonly, “promote”, “promotes” or “promoting”) a listing, activity, campaign, cause, fundraiser, or project (“Listing” or “Listings”) is subject to the following additional terms of this Agreement that apply specifically to Listings. By promoting a Listing, you indicate that you understand and agree to the additional terms in the sections below. TreasureX will not be held liable for any loss or damages due to non-compliance. Additionally, by using the Service you understand and agree that your use of the Site and use or reliance upon any of the materials through the Site is solely at your own risk. While we take reasonable efforts to review Listings for compliance with the TreasureX eligibility requirements, TreasureX does not verify, endorse or control any of the information on the Site (outside of official documentation).
Additional Terms and Conditions Specific to Listings
By promoting a Listing on the Site, you agree, represent and warrant that:
(a) You are a U.S. Citizen, 18 years of age or older, or if you are under 18, you have received explicit parental consent and are acting under direct parental supervision; (b) All information you provide to TreasureX is truthful, current, complete and accurate and you will update the information to maintain its accuracy; (c) You are selling an item or activity that is legal under all applicable federal, state and local laws and regulations; (d) You will use all donated funds solely for the purpose you have stated on the Site, and under no circumstances may you use the funds for any other purpose.
Additionally, you understand and agree that upon request, you may be required to provide supplementary information about yourself or your organization as a condition of continued use of the Service. Campaigns also authorize TreasureX to conduct background inquiries as TreasureX deems appropriate to assess a Listing’s eligibility for the Service or to review the Listing’s continued use of the Service.
Additional Terms and Conditions Specific to Buying
By buying a Listing on the Site, you agree, represent and warrant that:
(a) You are a U.S. Citizen, 18 years of age or older, or if you are under 18, you have received explicit parental consent and are acting under direct parental supervision; (b) All information you provide to TreasureX is truthful, current, complete and accurate and you will update the information to maintain its accuracy; (c) Any purchase you make is legal in your jurisdiction.; (d) TreasureX makes no representation as to whether all or any portion of your purchases, including, if any, processing fees, are tax deductible; and (e) TreasureX will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any purchase by you, any TreasureX User, merchant or any charity.
Setting up an Account on the Site to employ the Site’s Service is free. We do not charge service fee to anyone buying a Listing. Unless otherwise expressly indicated on the Service, we do charge our service fees to those listed here, but not limited to “Listing Owners,” “Educational Institutions, “Institutions,” “Schools,” or like entities (those individuals or entities designated as the responsible party upon creating a Listing with us) as a portion of the contributions they raise (the "Service Fees"). By using the Services, Users agree to our Service Fees calculated and listed within their respective Listings. Changes to Service Fees are effective after we post notice of the changes on the Services. Updated Service Fees are applied to Campaigns launched after the notice is posted.
Purchases, including the Service Fees portion thereof, are not refundable. If a Listing Owner is unable to perform on any promise and/or commitment to anyone making a purchase (including delivering any perks, the Listing Owner will work with those making purchases to reach a mutually satisfactory resolution, which may include the issuance of a refund of Donations by the Campaign Owner.
Taxing authorities may classify purchases made on the Services as taxable income to the Listing Owner and any beneficiary who will receive funds directly from the applicable Listing. TreasureX will not be responsible for reporting taxable income to the relevant taxing authorities. TreasureX will provide Listing Owners with a tax document if required by the relevant taxing authorities.
Acceptable and Lawful Use of Site and Interactive Features
When you are using the Site and/or the Service, you acknowledge that you are responsible for all of your actions and that you may not engage in any behavior that violates this Agreement. You may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the Site (collectively "User Generated Content").
Any personal information, computer information, User Generated Content or other information that you provide to TreasureX in connection with the use of the Site shall not:
- be obscene or indecent;
- infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- be defamatory, libelous, unlawfully threatening or unlawfully harassing; and create any liability for TreasureX or cause us to lose (in whole or in part) the services of our internet service provider(s), web hosting company or any other vendors or suppliers.
You shall comply with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use of the Site and Services. This Site may include interactive features, including, but not limited to, message boards, friend feeds, web logs, email services, video, blogging, including without limitation, through third-party micro-blogging applications, and areas that allow for uploading or posting of User Generated Content (collectively, the "Interactive Features"). You are responsible for any material or User Generated Content that you post or otherwise provide on the Site or through the Services. We do not control the messages, information or files that you or others may provide through the Site or Services. When using the Interactive Features, you must not:
- engage in any conduct that, in TreasureX's sole judgment and discretion, restricts or inhibits any other User from using or enjoying the Site or Services;
- use the Site or Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt any servers or networks used to provide the Site or Services or their respective features, or disobey any requirements of the networks TreasureX uses to provide the Site or Services;
- gain unauthorized access to the Site, or any Account, computer system, or network connected to this Site or Services, by any unauthorized or illegal means;
- obtain or attempt to obtain any materials or information not intentionally made available through the Site or Services;
- use the Site or Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Site or Services for fundraising activities is expressly permitted;
- engage in advertising or commercial solicitation of any product or service without TreasureX's written consent, except that using the Site or Services for fundraising campaigns is expressly permitted;
- gather for marketing purposes any email addresses or other personal information that has been posted by other users;
- post any identification documents or sensitive information about another person.
TreasureX shall have the right, but no obligation, to monitor the content on the Interactive Features to determine compliance with this Agreement and any other operating rules we establish. TreasureX shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Interactive Features of the Site or Services. Notwithstanding this right, you shall remain solely responsible for the content of your messages and any User Generated Content. TreasureX neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Interactive Features, whether it is provided by TreasureX, our employees, or a third party.
Under no circumstances will TreasureX be liable for any loss or damage of any kind caused by reliance on information obtained through the Interactive Features of the Site or Services. TreasureX is not responsible for any offensive, defamatory, obscene or any other posting made through the Interactive Features. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in TreasureX's sole discretion is inappropriate, objectionable or in violation of this Agreement.
Any User who feels that a posted message is objectionable is encouraged to Contact Us immediately by email to email@example.com. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.
Neither TreasureX nor any third party content provider shall assume or have any liability for any action or inaction by TreasureX or any third party content provider with respect to any conduct, communication or posting on the message boards or other Interactive Features.
TreasureX is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Site or through the Services or Interactive Features.
User Interaction Disclaimer
You are solely responsible for your interactions with other Users, whether online or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other Site and/or Service Users, merchants, or other persons or entities you meet through the Site and/or Service, or Users, merchants or other persons or entities who find you because of information posted on, by or through the Site and/or Service. You agree to take reasonable precautions in all interactions with other Users on the Site and/or Service, and conduct any necessary investigation before meeting with another person or entity. We are under no obligation to become involved with any User dispute, but we may do so at our own discretion.
Ownership of User Generated Content
You retain ownership to User Generated Content submitted on the Site or through the Service. However, by submitting your User Generated Content to TreasureX, you hereby grant TreasureX the following worldwide, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses:
- host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode the User Generated Content to appropriate media formats, standards or mediums as part of the services TreasureX provides;
- use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display the User Generated Content on the Site, including without limitation, in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels; and
- use User Generated Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your User Generated Content in any media format or medium and through any media channels.
By submitting User Generated Content for inclusion on the Site or through the Service, you also grant the following use of and rights to your User Generated Content to others: (i) the non-exclusive license to access your User Generated Content through the Site or Services; (ii) if permitted, the ability for Users to rate, review and comment on your User Generated Content; (iii) if permitted, the ability for Site Users to send and distribute your User Generated Content; and (iv) the non-exclusive license to Site Users to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform your User Generated Content as permitted through the functionality of the Site and Services and under the terms of this Agreement. The foregoing licenses granted by you shall terminate once you remove or delete your User Generated Content from the Site or Services. Please keep in mind though that even if you delete your User Generated Content from the Site or Services, it may still exist in back-up copies or if other people have made copies of it before it was deleted.
Suspension or Termination of Your Use of the Site
TreasureX reserves the right to terminate your access to and use of the Service and the Service components in its sole discretion, without notice and liability, including, without limitation, if TreasureX believes your conduct fails to conform with the terms of this Agreement. TreasureX also reserves the right to investigate suspected violations of this Agreement. Any violation of the forgoing may be referred to law enforcement authorities. In the event of termination, you agree to immediately cease access to the Sites and the Service..
Upon termination of your access to the Service, or upon demand from TreasureX, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site, the Service or links to the Service; (b) destroy all materials obtained from the Service and all related documentation; and (c) as applicable, pay any amounts owed to TreasureX in full within thirty (30) days from the date of such termination and continue to pay any other amounts which may become due and owing us under the terms of this Agreement.
TreasureX also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Service, without limitation, in whole or in part, including the cessation of all activities associated with the Service, with or without notice. You agree that TreasureX will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any part thereof. TreasureX also reserves the right to charge for use of the Service, in whole or in part, and to change its fees from time to time in its discretion.
Ownership of the Site, Site information and Services; Intellectual Property Rights
The Site and Services are expressly owned and operated by TreasureX. Unless otherwise noted, the design and content features on the Site and Services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the "Site Information"), are owned by TreasureX or its affiliates, if any, or are licensed by TreasureX from third parties. The Site and Services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
Unless otherwise provided through any other applicable terms and conditions to which you agree, no portion of the Site, Service or Site Information may be reprinted, republished, modified, or distributed in any form without TreasureX's express written permission. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site, the Service or any of the Site Information.
Certain Site Information may be licensed from third parties and all such third party Site Information and all intellectual property and proprietary rights related to such third party Site Information belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site, Services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Site, Services or in the original Site Information on any authorized copy you make of the Site, Services or the Site Information.
You agree not to sell or modify the Site, Services or the Site Information or reproduce, display, publicly perform, distribute, or otherwise use the Site or the Site Information in any way for any public or commercial purpose in any other manner that is likely to cause confusion among consumers, that disparages or discredits TreasureX or our licensors, that dilutes the strength of TreasureX's property or our licensor's property, or that otherwise infringes on TreasureX's or our licensor's intellectual property rights. You further agree to in no other way misuse the Site or the Site Information.
Copyright & Trademarks
The entire contents of the Site and/or Service (except for User Generated Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, TreasureX owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Site and/or in the Service. Trademarks and service marks, including, without limitation, “TreasureX,” which appear on the Site and/or in the Service are the service and trademarks of TreasureX or affiliated entities. Without TreasureX’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to TreasureX or their respective owners. The entire contents of the Site and/or Service may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of TreasureX, unless and except as is expressly provided in this Agreement. Any unauthorized use of the Site and/or Service content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Site and/or Service.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TreasureX NOR ANY OF ITS MANAGERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS, CONTRACTORS OR VOLUNTEERS (COLLECTIVELY, "TreasureX PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SERVICE; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SERVICE; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED ON THE SERVICE; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM TreasureX OR VIA THE SERVICE. IN ADDITION, THE TreasureX PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE TreasureX PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR THE FUNCTIONS CONTAINED ON IT WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. THE TreasureX PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICE, THAT YOUR USE IS AT YOUR SOLE RISK. THE TreasureX PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE TreasureX PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THOSE PARTICULAR DISCLAIMERS IN THIS AGREEMENT.
BY ACCESSING OR USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE TreasureX PARTIES DO NOT ENDORSE THE USER CONTENT, ARE NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OBTAINED THROUGH THE SERVICE.
Limitation of Liability
YOU UNDERSTAND AND HEREBY AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY STATED AND TO THE EXTENT APPLICABLE BY LAW, IN NO EVENT WILL TREASUREX AND ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM, RESULTING FROM ANY USE OF THE SITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE OF PERFORMANCE, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR EQUIPMENT OR NETWORK FAILURE OR OTHERWISE, EVEN IF THERE IS NEGLIGENCE BY TREASUREX OR AN AUTHORIZED TREASUREX RESPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AGREE THAT YOUR USE OF THE SITE IS CONDITIONED UPON YOUR WAIVER OF ANY RIGHT TO SUE TREASUREX AND ITS AFFILIATES OR TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR DAMAGES OR LOSSES RESUTLING FROM YOUR USE OF THIS SITE.
IN NO EVENT WILL TREASUREX’S LIABILITY TO YOU FOR ANY AND ALL OF YOUR CLAIMS AGAINST TREASUREX AND ITS AFFILIATES ARISING OUT OF OR RELATED TO USE OF THIS SITE OR ITS CONTENTS THEREOF OR ANY HYPERLINKED WEB SITE EXCEED THE ACTUAL DIRECT DAMAGES INCURRED AS MEASURED BY THE TOTAL REVENUE RECEIVED BY TREASUREX RESULTING FROM YOUR USE OF THE SERVICE DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE CLAIM IS MADE.
You agree that you will hold harmless TreasureX’s managers, employees, directors, officers, shareholders, agents, vendors, contractors or volunteers (collectively, "TreasureX Parties") from all claims arising out of or related to your access or use of, or your inability to access or use, the Service, this Site or the information contained in this Site or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Site or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will TreasureX or the contributors of information to this Site and/or the Service be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless TreasureX Parties from and against all losses, expenses, damages, and costs, including, but not limited to, reasonable attorneys' fees, resulting from any violation by you of this Agreement. TreasureX reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
You acknowledge that the opinions and recommendations contained in the Site and Service are not necessarily those of TreasureX or endorsed by TreasureX. TreasureX may provide links on the Site and Service to other websites which are not under the control of TreasureX. In general, any website which has an address (or URL) which does not contain "thetreasurex.com" is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by TreasureX of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
Third Party Links & Content
TreasureX in some instances allows you and other Users to use the Site to express opinions and communicate through messaging, forums, bulletin boards, discussion groups, chat rooms or other electronic communication facilities that may be offered on or through the Site from time to time (collectively “Groups”). TreasureX has the right, but not the obligation, to monitor the content within the Groups at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by TreasureX, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, TreasureX has the right, but not the obligation, to remove any material from the Groups that we in our sole discretion, find to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other User to the Groups, are those of the respective author(s) or distributor(s) and not of TreasureX.
The Site and the Service contains features that are available to certain mobile devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or mobile devices. By the Site and Service through your mobile device, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of the Service may be shared with us. If you change or deactivate your mobile device, you must promptly update your account information to ensure that we don't send your messages to a different person.
TreasureX controls this Site and Service from our offices within the U.S. We make no representation that this Site, Service or its content (including, without limitation, any products or services available on or through this Site and Service) are appropriate or available for use in other locations. Users who access this Site or Service from outside the U.S. elect to do so on their own initiative, and must bear all responsibility for compliance with local laws.
TreasureX will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God, terrorist acts or the occurrence of any other unforeseen contingency beyond our control.
Choice of Law; Jurisdiction
This Agreement supersedes any other agreement between you and TreasureX to the extent necessary to resolve any inconsistency or ambiguity between us. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Delaware. A printed version of this Agreement will be admissible in judicial or administrative proceedings arising out of this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by us in printed form.
TreasureX’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision by us.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and TreasureX nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect.
Copyright Notice-Digital Millennium Copyright Act
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find any content on the Site and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/copyright agent with the following information in writing: (i) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed upon; (iii) identification of the material that is claimed to be infringing upon and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including an address, telephone number and, if available, an e-mail address; (v) a statement that you have 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Contact information for our copyright agent for notice of claims of copyright infringement is firstname.lastname@example.org.
The headings used throughout this Agreement are solely for convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
This Agreement does not confer any third party beneficiary rights.
You will not assign or transfer any of your rights or responsibilities under this Agreement to anyone without TreasureX’s express written permission.
TreasureX may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Agreement shall prevent TreasureX from complying with the law.