Terms of Use
When you use this website (
ResellersOnly.com)
or any services provided by this web site or
NextDayPC.com or
any other serviced available through NextDay Network, Inc. (the "Services"),
you agree to the terms and conditions contained in this document ("Terms of
Service"). We may revise the Terms of Service from time to time, at our sole
discretion and without notice to you, by updating this page and its
contents. Unless otherwise provided below, any revised provisions of this
document will take effect immediately upon being posted.
PLEASE READ THIS DOCUMENT CAREFULLY
AS USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Your Password.
Your password is important and valuable! You must safeguard
your user name and password used to access our Services. You authorize us to
assume that any person using the Services with your user identification and
password either is you or is authorized to act for you. You agree to notify
Resellersonly.com immediately of any unauthorized use of your password or
account or any other breach of security.
User Obligations.
You agree not to do any of the following while using the
Services:
Intentionally or unintentionally violate any applicable law or regulation;
Post or transmit any content that you do not have the right to post or
transmit under any law, contractual duty or fiduciary relationship;
Post or transmit any content that infringes a third party's trademark,
patent, trade secret, copyright, publicity, or privacy rights;
Access, tamper with or use non-public areas of the website,
Resellersonly.com's computer systems, or the technical delivery systems of
our licensors (unauthorized individuals attempting to access or tamper with
these areas will be subject to prosecution);
Frame or link to the website except as permitted in writing, in advance by
Resellersonly.com;
Impersonate or misrepresent your affiliation with any person or entity. For
example, you agree not to falsely represent that you are a copyright holder
of a work or the agent of a copyright holder.
Third Party Content and Monitoring.
Any opinions, advice, statements,
services, offers, or other information or content expressed or made
available by third parties, including information or service providers and
users, are those of the respective author(s) or distributor(s) and not of
Resellersonly.com. Resellersonly.com neither endorses nor is responsible for
the accuracy or reliability of any opinion, advice, information, or
statement made on this website by anyone other than authorized
Resellersonly.com employees acting in their official capacities. You
understand and acknowledge that Resellersonly.com does not monitor
user-contributed content for accuracy or reliability.
Links.
The website may contain links to other websites or resources. You
acknowledge and agree that Resellersonly.com is not responsible or liable
for: (i) the availability or accuracy of such websites or resources; or (ii)
the content, advertising, or products on or available from such websites or
resources. The inclusion of any link on the website does not imply that we
endorse the linked site.
Protection of Content Provided by Resellersonly.com and Its Licensors.
The
website contains trademarks and other material furnished by
Resellersonly.com, its licensors, and others. Everything you see or read on
the website or through the Services, which was not furnished by or received
for you (such as sound clips, photographs, illustrations, text and other
materials) ("Site Content") is copyrighted unless otherwise noted. You may
not sell, reproduce, distribute, copy, duplicate, resell, modify, display,
publicly perform, prepare derivative works based on, repost, exploit for any
commercial purpose, or otherwise use any of the Site Content in any way for
any public or commercial purpose without prior written consent of
Resellersonly.com or the rights holder. You may not use the Site Content on
any other web site or in a networked computer environment for any purpose.
If you violate any of these terms, your permission to use the Site Content
will automatically terminate, you must immediately destroy any copies you
have made of the Site Content, and we may end your authorization to use the
website.
Notices.
NextDay Network, Inc.will give you any necessary notices by posting
them on ResellersOnly.com. You authorize Resellersonly.com to send
notices via electronic mail as well if Resellersonly.com decides, in its
sole discretion, to do so. You agree to check the website for notices, and
that you will be considered to have received a notice when it is made
available to you by posting on the website.
The Site is Available "AS-IS." Without limiting the foregoing, EVERYTHING ON
THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. RESELLERSONLY.COM DISCLAIMS ALL WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND
IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICES; THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH RESELLERSONLY.COM'S SERVICES; ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES; ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICES; OR THAT THE SERVICES WILL MEET ANY USER'S
REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RESELLERSONLY.COM
OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnification.
You agree to defend, indemnify, and hold harmless
Resellersonly.com and its parent company, NextDay Network, Inc., its
officers, directors, employees, consultants, agents, co-branders or other
partners, from and against any claims, actions, liability, damages and/or
demands, including without limitation reasonable legal and accounting fees,
made by any third party due to or resulting from your use of the Services;
your connection to the Services; your violation of the rights of others,
these Terms of Service or any intellectual property or other right of any
person or entity; and any intellectual property infringement by any other
user of your account. These Terms of Service will inure to the benefit of
Resellersonly.com's successors, assigns and licensors.
You agree that the laws of the State of California, without regard to
principles of conflict of laws, will govern the User Agreement and any claim
or dispute that has arisen or may arise between you and NextDay Network Inc.
Limitation of Liability. Neither Resellersonly.com's parent company, NextDay
Network, Inc., nor any other party involved in creating, producing, or
delivering the Services shall be liable for any loss of profits, loss or
inaccuracy of data, or incidental, special, consequential, punitive or
indirect damages resulting from your access to, or use of, or inability to
use the website and/or services, whether based on warranty, contract, tort
(including negligence) or any other legal theory, and whether or not we know
of the possibility of such damage. Because some jurisdictions do not allow
the exclusion or limitation of liability for consequential or incidental
damages, the above limitation or exclusion may not apply to you. All
disputes relating to delivery of merchandise, accounting and payment issues
or any issues regarding delivery of services by NextDay Network and its web
sites, ResellersOnly.com and NextDayPC.com must be sent to NextDay Network
in writing within 30 days from transaction date to
customerservice@nextdaypc.com or P.O.
Box 221265, Carmel, CA 93922.
General Provisions.
You are responsible for compliance with applicable local
laws, keeping in mind that access to the Services may not be legal by
certain persons or in certain countries. If any part of these Terms of
Service is held to be unenforceable, the unenforceable part shall be given
effect to the greatest extent possible and the remainder will remain in full
force and effect. These Terms of Service are personal to you and you may not
transfer, assign or delegate these Terms of Service to anyone without the
express written permission of Resellersonly.com. Any attempt by you to
assign, transfer or delegate these Terms of Service without the express
written permission of Resellersonly.com shall be null and void. The
paragraph headings in these Terms of Service, shown in boldface type, are
included to help make the agreement easier to read and have no binding
effect. These Terms of Service constitute the entire agreement between you
and Resellersonly.com with respect to the use of the Services and supersede
and replace all prior or contemporaneous agreements, written or oral,
between the parties regarding such subject matter. The law of California,
U.S.A., without regard to its conflicts of law provisions, will govern these
Terms of Service. Any waiver of any provisions of these Terms of Service
will be effective only if in writing signed by Resellersonly.com
If you have any questions about these Terms of Service, please contact us
at:
Info@resellersonly.com