TERMS AND CONDITIONS AGREEMENT
Starco Impex, Inc. (“Company”) welcomes you to its online marketplace (“Service”). By using this Service, you are agreeing to the following Terms and Conditions (“Agreement” or “Terms and Conditions”) regardless of whether you are or have been a customer of Company.
1. The Parties. This Terms and Conditions Agreement (“Agreement” or “Terms and Conditions”) is made by and between Starco Impex, Inc., an entity incorporated in the State of Texas, with offices at 2710 S. 11th Street, Beaumont, TX 77707, and you, the user (“you”, “your” or “User”).
2. Acceptance. This Agreement contains the complete terms and conditions that govern the use of the Company’s website (“Website”). BY CLICKING THE “I AGREE” BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE OR CONTENT (COLLECTIVELY, “SERVCES”) YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
3. Declination of Acceptance; Notice of Changes; Continued use. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE OR ACCESS ANY PART OF THIS WEBSITE. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY’S SOLE DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
4. Current Version. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, MAY BE REVIEWED BY GOING TO [WEBSITE]. You are hereby put on notice that you are obligated to review this Agreement periodically to determine whether any changes have been made, and any continued use of the Website or the Services shall constitute your acceptance thereof.
5. Access. To fully access this Website or otherwise its resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of this Website that all the information you provide will be true, accurate, correct, current, and complete. If Company believes such information you provide is false, inaccurate, incorrect, not current or incomplete, Company has the right to deny your access to this Website or otherwise to any of its resources, links or other content, and to suspend or terminate such access at any time in its sole discretion.
6. Acceptable Use. Your use of the Website is subject to all applicable laws, rules and regulations, and you are solely responsible for any comments or posts you leave on the Website. By posting information on the Website, or by otherwise using any other such interactive service available on the Website, you agree that you will not post comments, links, code or other information that:
a. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions or violent or sexual content;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
f. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;
g. impersonates any person or entity, including any of Company’s employees or representatives.
7. No Endorsement. Company neither endorses nor assumes any liability for any material Users submit or otherwise upload on any part of the Website. Company does not pre-screen, police or monitor comments posted on this Website; however, Company and its agents reserve the right to remove any and all postings that it determines, in its sole discretion, do not comply with these Terms and Conditions and any other rules of User conduct for this Website, or are otherwise harmful, objectionable, or inaccurate. Company is not responsible for any failure or delay in removing such postings.
8. Offerings. Company provides a number of products (“Products”) for users on this Website, including [LIST PRODUCTS HERE].
a. No Guarantee. Although Company works diligently to provide such Products, you understand and acknowledge that Company cannot promise or guarantee specific results from using the Website or Products available on this Website.
9. Temporary Interruptions. You understand and agree that temporary interruptions of the Website may occur from time to time as normal events that are out of Company’s control. You also understand and agree that Company has no control over the third-party networks or services(s) that we may use to provide you with Products. You agree that the Products on this Website are provided “As Is” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalization settings.
10. Payment. If you choose to purchase one or more of the Products Company offers on this Website, you agree to pay all fees associated with such Product(s). Further, any charges incurred by your purchase or use of the Products will be billed to the credit card Company has on file. In the event you endorse a Service that is ongoing and incurs reoccurring charges (e.g., a subscription), such charges may be billed in advance of such service. You agree to provide Company with complete and accurate billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within five (5) business days of such change. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Product(s) you have purchased, you agree that we may, at our option, suspend or terminate performance of the Product(s) or delivery of the Product(s) and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to Company. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
11. Third-Party Sites and Information. This Website may redirect or link to other websites on the internet, or may otherwise include references to information, products or services unaffiliated third parties make available. While Company makes every effort to work with trusted, reputable providers, from time to time such websites may contain information, material or policies that Users may find inappropriate or personally objectionable. You understand that Company is not responsible for the accuracy, completeness, decency or legality of content third party websites host, nor is Company responsible for errors or omissions in any references made on such websites. Company provides such a link or reference only as a convenience to its users and does not imply endorsement of or association with such websites, or any warranty of and kind with respect to those websites, either express or implied.
12. Promotions. From time to time, this Website may include advertisements third parties offer. You may participate in promotions of such third-party offerings. Any such promotion, including the payment and delivery of such goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and such third party. We assume no liability, obligation, or responsibility for any part of any such promotion.
13. Intellectual Property.
a. “Content” Defined. “Content” shall mean any information, communications, software, published works, photos, videos, graphics, music, sounds, or other material that users may view on the Website and is owned by Company or its Affiliates.
b. “Affiliates” Defined. “Affiliates” shall include Company’s owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, employees, and includes, without limitation, all parties involve din creating, producing, and/or delivering this Website and/or contents and Products available on this Website.
c. Ownership of Content. By accepting these Terms and Conditions, you agree that all content presented to you on this Website is protected by any and all intellectual property and/or other proprietary rights available within the United States and is the sole property of Company or its Affiliates.
d. Trademarks. The following are registered trademarks, trademarks or service marks of Company or its Affiliates: [LIST TRADEMARKS REGISTERED HERE]. All custom graphics, icons, logos and service names are the intellectual property of Company or its Affiliates. All other trademarks or services marks are the property of their respective owners. Nothing in these Terms and Conditions grants you any right to use any trademark, service mark, logo, other intellectual property, and the name of Company or its Affiliates. A certain of the ideas, software and processes incorporated into the Products available on this Website may be protected by patent applications pending in the United States, and Company intends to prepare and file additional patent applications in selected foreign jurisdictions.
e. Limitations on Use of Content. You may not copy, reproduce, modify, republish, upload, post, transmit or otherwise distribute any content from this Website in any form or by any means whatsoever without prior written permission from Company. Any unauthorized use of the Website content violates Company’s intellectual property interests and could result in civil or criminal penalties.
f. No Warranty for Third Party Infringement. Neither Company nor its Affiliates warrant or represent that your use of the materials displayed on or obtained through this Website will not infringe the rights of third parties.
g. User Intellectual Property Rights. Subject to Company’s Privacy Policy (located at: ), any communication or material that you transmit to this Website or to company, whether electronically or by other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant Company and its Affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which Company and its Affiliates use such content.
Company respects the intellectual property rights of others; it requests you to do the same. In instances where Company is notified of alleged infringing Company or User Content through our Designated Agent, below, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c). Company may also make a good faith attempt to contact the person who submitted the affected material so that he or she may make a counter-notification.
If you believe that you or someone else’s copyright has been infringed by Company or User Content provided on this Website, you or the owner or rights holder (“Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending Company notice, the Rights Holder may wish to consult an attorney to determine his or her rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Website is intended to substitute for qualified legal advice. To file such a notice, Company requests that the Rights Holder provide the following information:
i. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
ii. Reasonably sufficient details to enable Company to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
iii. The Rights Holder’s contact information so that Company can contact him or her (including for example, the Rights Holder’s address, telephone number, and email address);
iv. A statement that the Rights Holder has a good faith belief that the use of the material identified above in (ii) is not authorized by the copyright owner, its agent, or the law;
v. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
vi. The Rights Holder’s electronic signature.
Notice may be sent to:
By Mail:
Starco Impex, Inc.
____________________________________________, DMCA Agent
2710 South 11th Street
Beaumont, TX 77701
By Facsimile:
ATTN: ____________________________________________, DMCA Agent
Starco Impex, Inc., 1 (888)842-5650
By e-mail: info@starcoimpex.com
Counter-Notification If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:
i. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
ii. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
iii. Your name, address and telephone number;
iv. A statement that you consent to the jurisdiction of federal district court in Jefferson County, Texas, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person; and
v. Your physical or electronic signature.
Notice may be sent to:
By Mail:
Starco Impex, Inc.
____________________________________________, DMCA Agent
2710 South 11th Street
Beaumont, TX 77701
By Facsimile:
ATTN: ____________________________________________, DMCA Agent
Starco Impex, Inc., 1 (888)842-5650
By e-mail: info@starcoimpex.com
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, Company may temporarily or permanently remove the identified materials from our site without liability to you or any other party.
14. Confidential Information. As stated above, all communications sent by you to Company will be treated as non-confidential and non-proprietary (subject to Company’s Privacy Policy). Please do not submit confidential or proprietary information to Company (including patentable ideas, new content suggestions or business proposals) unless Company has mutually agreed in writing otherwise. Ideas that Company receives unsolicited will be treated as property owned by the Company and will not be returned to you.
15. Data on Company Servers. You agree that Company has no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Website. You acknowledge that we reserve the right to remove or terminate any accounts that: (a) have not paid a subscription fee, where applicable; (b) remain inactive for longer than ninety (90) days; or (c) in cases where you have violated one or more terms of these Terms and Conditions.
16. Disclaimer.
ALL CONTENT AND PRODUCTS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES WARRANTY THAT (A) THE CONTENT OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, PRODUCTS OR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR PRODUCTS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR PRODUCTS PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM COMPANY OR ITS AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS WEBSITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY MAY MAKE CHANGES TO THE CONTENT AND PRODUCTS AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS WEBSITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE PRODUCTS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
COMPANY MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS OR CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY COMPANY OR ANY OTHER OF ITS AFFILIATES.
COMPANY RESERVES THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE WEBSITE, INCLUDING ANY PRODUCTS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD COMPANY EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT PRODUCTS ON THIS WEBSITE SHALL ALSO BE SUBJECT TO THESE TERMS AND CONDITIONS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
17. Limitation of Liability and Indemnification.
Your exclusive remedy and Company’s entire liability, if any, for claims arising out of these Terms and Conditions and your use of this Website shall be limited to the amount you paid Company for Products purchased on this Website.
IN NO EVENT SHALL COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE.
FURTHER, COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING ITS PRODUCTS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold Company and its Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Website. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses.
18. Termination of Use.
a. Grounds for Termination. You agree that Company may, at its sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
b. No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Products available on this Website will immediately cease. Company shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by Company in connection therewith. Sections 2, 6-19 of these Terms and Conditions, as well as your liability for any unpaid fees, shall survive any termination.
19. Miscellaneous Provisions.
a. International Use. Although this Website may be accessible worldwide, Company makes no representation that materials on this Website are appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations do so on their own initiative and at their own risk. If you choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Website is void where prohibited.
b. Governing Law. This Website (excluding any Third-Party websites) is controlled by Company from its offices in Jefferson County, Texas, and the statutes and laws of the State of Texas shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Jefferson County, Texas or the U.S. District Court for the Eastern District of Texas with respect to such matters controlled by that court.
c. Notices. All notices to a party shall be in writing and shall be made via certified mail, return receipt requested. Notices to us must be sent to the attention of [PERSON] to Company’s address at Starco Impex, Inc., 2710 South 11th Street, Beaumont, TX 77701. You agree to allow Company to submit notices to you either through the email address provided, or to the address Company has on record. Any notices or communication under these Terms and Conditions will be deemed delivered to the party receiving such communication five (5) business days after the mailing date.
d. No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Website, or use of or access to this Website or Products provided through this Website, beyond the limited rights granted to you under Section 6 of these Terms and Conditions.
e. Force Majeure. In addition to any excuse provided by applicable law, Company shall be excused from liability for non-delivery or delay in delivery of products available through this Website arising from any event beyond Company’s reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Company’s reasonable control, whether or not similar to those which are enumerated above.
f. Savings Clause. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
g. No Waiver. Any failure by Company to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
h. Terms and Conditions. These Terms and Conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms and Conditions may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.
