1. Your Obligations and Responsibilities
2. Account Maintenance
Visitors are free to sign up and register to create an account on this website. Should you wish to do so, you may have a username and password for your account. You have the sole responsibility for maintaining the confidentiality of your account, account credentials, and physical security to the computer you use to access the website. By creating an account, you agree to accept responsibility for all the activities that occur under your user access.
We reserve the right to decline service and terminate accounts without prior notice if certain provisions in the terms and conditions are violated.
3. Intellectual Property
The content available on this site, including images, audio, video, text, graphics, logos and all of the other types of content, are properties of MalegenixEbay.com, our affiliates, partners, or licensors, and is protected by United States and International copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of www.MalegenixEbay.com and MalegenixEbay, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws
Except as set forth in the limited licenses in Section 3 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
4. Limited Licenses
www.MalegenixEbay.com grants you a limited, non-exclusive, and revocable license to access and make personal use of the Site. This limited license does not include the right to:
- frame or utilize framing techniques to enclose the Site or any portion thereof;
- modify or download the Site or Content (except caching or as necessary to view the Site)
- make any use of the Site or Content other than personal use
- create any derivative work based upon either the Site or Content
- collect account information for the benefit of yourself or another party
- use any meta tags or any other “hidden text” utilizing our name or the Trademarks or to otherwise use the Trademarks or
- use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site
- may link to, but not replicate, our Content
- may not imply that we are endorsing such website or its services or products
- may not misrepresent its relationship with us
- may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages
- may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions
- may not use any Trademark
- may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section 3 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
You are required to have exclusive ownership or license to share the content you share on this website. The content you share should not infringe on any person or business copyright. We reserve the right tot remove any of the content you share on this website at any time without prior notice.
Your Content shall be any audio, video, text, images, or any other material that you choose to display on PrimeHealthShoppe.com. By having your content available on this website, you provide PrimeHealthShoppe.com a non-exclusive, irrevocable, worldwide, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute your content in any and all media.
6. Third Party Links
7. Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
By using this site, you agree to indemnify, defend, and hold us harmless for any damages, loss, or costs, including reasonable attorneys’ fees, resulting from and any third party claim, demand, or action resulting from your use of this site. You also agree to indemnify us for any damages, loss, or costs, including reasonable attorneys’ fees resulting from your use of unauthorized software or technology such as software robots, spiders, crawlers or similar data gathering and extraction tools, or any action that may impose an unreasonable load or burden on our infrastructure.
The rights and obligations contemplated by these terms and conditions shall be governed by the laws of New York, and the terms and conditions set forth shall be treated as a contract wholly entered into and wholly performed within New York. Should disputes arise in any way from your visit to the site, the site shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
The site reerves the right, in its sole discretion, to change these Terms and Conditions, at any time by posting the changes on the site, and such changes shall be effective immediately.