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SingleShare.com LLC Terms and Conditions of Use Last Updated: October 2002 AGREEMENT BETWEEN YOU AND SINGLESHARE.COM LLC The SingleShare.com ("SINGLESHARE") Web Site is made up of various Web sites and Web pages operated by SingleShare.com LLC, 1107 Rockefeller Ave, Everett, Washington 98201 (collectively, the "SINGLESHARE Web Sites", including the Web Site, "SingleShare.com"). This Terms and Conditions of Use applies to the SINGLESHARE Web Sites and does not apply to the content of third parties. The SINGLESHARE Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SINGLESHARE Web Sites, and/or placement of any order for SINGLESHARE products or services, constitutes your agreement to all such terms, conditions, and notices. IMPORTANT INFORMATION ABOUT SECURITIES AVAILABLE THROUGH OUR WEBSITE SINGLESHARE offers matted, mounted and framed stock certificates for their aesthetic, educational and other intangible benefits, NOT AS INVESTMENTS. We do not provide investment services or advice, nor do we conduct business that would require us to register as a broker-dealer according to U.S. Securities Exchange Commission rules. Specifically: we (1) offer and sell only single shares; (2) offer and sell only matted, mounted and framed certificates; (3) market the shares as gifts, not investments; and (4) offer and sell the framed shares for at least twice the value of the underlying stock. Under no circumstance is the information contained on our website to be used or considered as an offer to sell or a solicitation of an offer to buy any particular investment. Not all securities, products, or services described are available in all countries, and nothing on this site constitutes an offer or solicitation of these securities, products, or services in any jurisdiction where their offer or sale is not qualified or exempt from registration. Your use of the SINGLESHARE Web Sites, and especially the placement of any order for SINGLESHARE products or services, constitutes your agreement with these definitions of our role with regard to all--and specifically your--securities transactions. CANCELLATION POLICY If you wish to cancel your order, your refund depends on how far your order has traveled the acquisition process:
If we have made a mistake in processing your order (a misspelling, for example), or there is some defect in the product shipped, we will gladly pay for return shipping, correct the problem, and ship a new product as quickly as possible. Simply contact us via email or telephone to explain the situation, and we will provide return instructions. If you are still unsatisfied, we will provide instructions for returning ownership of the stock, as well as the framed product, back to us for a full refund. If there is a problem with the order for which we are not at fault, such as a typographical error or misspelling in your order entry, we will be happy to help you correct it, but we ask that you reimburse us for any actual costs we incur in solving your problem. Contact us via email or telephone with your need. MEMBER ACCOUNT, PASSWORD, AND SECURITY If a particular SINGLESHARE Web Site, or any product or service offered on any SINGLESHARE Web Site (each a "SINGLESHARE Site/Service/Product", and collectively "SINGLESHARE Sites/Services/Products") requires you to register or open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. If the account requires you to provide a password, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SINGLESHARE immediately of any unauthorized use of your account or any other breach of security. SINGLESHARE will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SINGLESHARE or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. MODIFICATION OF THESE TERMS OF USE SINGLESHARE reserves the right to change the terms, conditions, and notices under which the SINGLESHARE Sites/Services/Products are offered, including but not limited to the charges associated with the use of the SINGLESHARE Sites/Services/Products. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the SINGLESHARE Sites/Services/Products constitutes your agreement to all such terms, conditions, and notices. LINKS TO THIRD PARTY SITES The SINGLESHARE Sites/Services/Products may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of SINGLESHARE and SINGLESHARE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SINGLESHARE is not responsible for webcasting or any other form of transmission received from any Linked Site nor is SINGLESHARE responsible if the Linked Site is not working appropriately. SINGLESHARE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SINGLESHARE of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the SINGLESHARE Sites/Services/Products or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. SINGLESHARE shall not be responsible or liable for any part of any such dealings or promotions. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the SINGLESHARE Sites/Services/Products, you will not use the SINGLESHARE Sites/Services/Products for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SINGLESHARE Sites/Services/Products in any manner that could damage, disable, overburden, or impair any SINGLESHARE Site/Service/Product(s) (or the network(s) connected to any SINGLESHARE Site/Service/Product(s)) or interfere with any other party's use and enjoyment of any SINGLESHARE Site/Service/Product(s). You may not attempt to gain unauthorized access to any SINGLESHARE Site/Service/Product, other accounts, computer systems or networks connected to any SINGLESHARE Site/Service/Product, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SINGLESHARE Sites/Services/Products. LIABILITY DISCLAIMER The information, software, products, and services included in or available through the SINGLESHARE sites/services/products may include inaccuracies or typographical errors. Changes are periodically made to the SINGLESHARE sites/services/products and to the information therein. SINGLESHARE and/or its respective suppliers may make improvements and/or changes in the SINGLESHARE sites/services/products at any time. Advice received via the SINGLESHARE sites/services/products should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. You specifically agree that inaccurate pricing on our website, whether caused by typographical errors other means, shall not be binding on either you or SINGLESHARE. Upon discovery of inaccurate pricing, you agree that your sole and exclusive remedy shall be cancellation of your order and refund of any payments you have made to us for those services or products. SingleShare.com LLC and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the SINGLESHARE sites/services/products for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. SINGLESHARE and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that SINGLESHARE shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through a SINGLESHARE site/service/product. You specifically agree that SINGLESHARE is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that SINGLESHARE is not responsible for any content sent using and/or included in an SINGLESHARE site/service/product by any third party. In no event shall SINGLESHARE and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the SINGLESHARE sites/services/products, with the delay or inability to use the SINGLESHARE sites/services/products or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the SINGLESHARE sites/services/products, or otherwise arising out of the use of the SINGLESHARE sites/services/products, whether based on contract, tort, negligence, strict liability or otherwise, even if SINGLESHARE or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the SINGLESHARE sites/services/products, or with any of these terms of use, your sole and exclusive remedy shall be a full refund of any payments you have made to us for those services or products. SINGLESHARE makes no warranty that any SINGLESHARE service will be uninterrupted, timely, secure or error-free. NO SPAM; DAMAGES SINGLESHARE will immediately terminate any referral or affiliate account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay SINGLESHARE liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay SINGLESHARE's actual damages, to the extent such actual damages can be reasonably calculated. GENERAL This agreement is governed by the laws of the State of Washington, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Snohomish County, Washington, U.S.A. in all disputes arising out of or relating to the use of the SINGLESHARE Sites/Services/Products. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SINGLESHARE as a result of this agreement or use of the SINGLESHARE Sites/Services/Products. You agree to indemnify and hold SINGLESHARE, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the SINGLESHARE Sites/Services/Products. SINGLESHARE reserves the right to disclose any personal information about you or your use of the SINGLESHARE Sites/Services/Products, including its contents, without your prior permission if SINGLESHARE has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of SINGLESHARE or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. SINGLESHARE's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SINGLESHARE's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SINGLESHARE Sites/Services/Products or information provided to or gathered by SINGLESHARE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SINGLESHARE with respect to the SINGLESHARE Sites/Services/Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SINGLESHARE with respect to the SINGLESHARE Sites/Services/Products. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. COPYRIGHT AND TRADEMARK NOTICES: All contents of the SINGLESHARE Web Sites are: Copyright (c) 2002 SingleShare.com LLC and/or its suppliers, 1107 Rockefeller Ave, Everett, WA 98201, U.S.A. All rights reserved. Any rights not expressly granted herein are reserved. |
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