AGREEMENT ON TERMS & CONDITIONS OF USE
This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (“E-Sign” Act). You enter into this Agreement by any act demonstrating your assent hereto, including without limitation clicking “I agree” or words of similar meaning. You may submit a paper copy of this transaction and print this form for your personal records. You have the right to withdraw your consent to use the E-Sign Act by emailing us to that effect at the address provided at our “Contact Us” link.
ELIGIBILITY TO USE THE WWW.PRODUCTS-ONTHEGO.COM WEBSITE
This Agreement (as supplemented by the documents incorporated above) sets forth the legally binding terms for your use of the Products-OnTheGo.com website. In consideration of your being permitted to use the Products-OnTheGo.com website, and for other good and valuable consideration which you acknowledge is received and sufficient, you agree to be bound by this Agreement, whether you are (1) a “Visitor” — which means that you use the Products-OnTheGo.com website (including without limitation through a mobile device) without entering into a purchase; or (2) a “Customer” — which means that you do purchase one or more products from our site. Under this Agreement, you are authorized to use the Products-OnTheGo.com site (whether as a Visitor or as a Customer) only if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Products-OnTheGo.com website and discontinue use of the site. If you wish to become a User of the site (whether as a Visitor or as a Customer), you must read this Agreement and indicate your acceptance in one or more of the ways that such acceptance is asked for on the Products-OnTheGo.com website. In order to become a Customer of the Products-OnTheGo.com website, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to those activities on the Products-OnTheGo.com site, those additional terms are hereby incorporated into this Agreement. You may receive a paper copy of this Agreement by emailing us (Subject: “T&C Agreement”), at the address specified at our “Contact Us” link.
NO MINORS UNDER 18 ALLOWED AS CUSTOMERS
Individuals who are less than 18 years of age are not permitted to become paying Customers of the Products-OnTheGo.com site.
I. IF YOU ARE A “VISITOR” TO THE PRODUCTS-ONTHEGO.COM WEBSITE
AND DO NOT BECOME A PAYING CUSTOMER
By visiting Products-OnTheGo.com, you agree to be bound by this Agreement.
1. This Agreement applies to you (hereinafter “Visitor,” “you” or “User”), and if you are using this website on behalf of any other party for which you are acting as an agent, it applies to you and any such party for which you are acting. The management of Products-OnTheGo.com reserves the right to change this Agreement from time to time in its sole discretion, and your continued use of this website in any manner will indicate your agreement with the most current version of this Agreement posted on the site at the time of your use. If you do not wish to be bound by this Agreement, do not accept this Agreement, do not use Products-OnTheGo.com in any manner, do not enter this site, and do not download or use any content from this site. ProductsOnTheGo® and you are sometimes referred to hereinafter as “Party” or “Parties” to this Agreement.
2. This site is owned and operated by Products On The Go, LLC, a Florida USA limited liability company with its principal office in Delray Beach, Florida, USA. As between you, the Visitor, and Products On The Go®, all content on this site in any medium (“Content”) is owned by Products On The Go® and/or our providers. All such Content is protected by United States and international intellectual property laws.
3. As a Visitor to our website, you are granted a limited, personal, nontransferable, non-sub-licensable, revocable license to access and use our site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or licenses with respect to this site, and any rights or licenses not expressly granted herein are reserved to us and our providers. Unless we have granted you permission in advance and in writing, you may visit this site only for your personal, non-commercial use, and not to provide services to a third party.
4. You may not remove any copyright or other proprietary notices in any of the Content on the Products-OnTheGo.com website. Products On The Go® reserves the right to revoke anyone’s authorization to view, download and use the Content at any time, and you agree immediately to discontinue such use upon written notice from Products On The Go®. As between you and Products On The Go®, all rights not specifically granted to you under this Agreement are reserved to Products On The Go®.
5. You may download, display, or print one (1) copy of any portion of the Content. If you do so, you may not modify the Content in any way, and you must reproduce the Products On The Go trademark and/or copyright notice (or the third-party provider’s notice, as applicable) in the form: “___________________™”; “______________________®” OR “© 20__, Products On The Go, LLC – All Rights Reserved”, as displayed on the relevant page(s) that you copy.
6. Except as provided above, you, as a Visitor to Products-OnTheGo.com, may not:
— Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the Content in any form whatsoever; — Use a frame or border environment around the site, or other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site; — Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this site; — “Reverse-engineer” any part of this site; or — Sell, offer for sale, transfer, or license any portion of this site in any form to any third party.
7. Unauthorized use of this site and/or the Content may violate applicable copyright, trademark or other intellectual property or other laws. You must retain all copyright and trademark notices, including without limitation proprietary notices, in the Content, and you must not alter, obscure or obliterate any of such notices. The use of such Content on any other website or in any environment of networked computers is prohibited. You are prohibited from posting on or transmitting through our site any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material; or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, except with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, and/or (d) is used to collude unlawfully against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
8. Unless otherwise provided within this Agreement, or unless specific applicable law requires Products On The Go®to allow you to do so, you may not do any of the following without the prior written consent of Products On The Go®:
— Use any robot, spider, other automatic device or manual process to monitor the Content and/or the site;
— Use the site other than to observe, make legitimate inquiries or communications;
— Use the site to make any false or fraudulent communication;
— Submit false or misleading information to the site;
— Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful and/or prohibited by this Agreement; — Use, access or communicate with the site in any way that, in the sole and absolute judgment of Products On The Go®, adversely affects the performance or functioning of the site, or any other computer systems or networks used by Products On The Go® or other site users; — Upload or transmit to the site, or use any device, software or routine, that contains viruses, Trojan horses, worms, time bombs, or other computer programming that may damage, interfere with or attempt to interfere with, intercept the normal operation of our site, appropriate the site or any system, or take any action that imposes an unreasonable load on our computer equipment or infringes upon the rights of any third party; or — Disguise the origin of information posted by or transmitted by you through the site.
9. Content may not be used as a trademark or service mark, for (by way of illustration and not limitation) any pornographic use, unlawful purpose, to defame any person, to violate any person’s right of privacy or publicity, or to infringe upon any copyright, trade-name, trademark, or service mark of any person or entity. Unauthorized use of Content constitutes copyright infringement and shall entitle Products On The Go® to exercise all rights and remedies under applicable law, including without limitation an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Content. The foregoing is not a limiting statement of Products On The Go’s rights or remedies in connection with any unauthorized use.
10. You understand that Products On The Go® may immediately terminate all agreements between us and may without notice refrain from doing further business with you if you fail to comply with any provision of this Agreement or with the specific terms and conditions applicable to you as a Visitor to Products-OnTheGo.com. If your access is terminated, you agree immediately (1) to stop using this site and any Content which you may have acquired, (2) to delete all such Content and all copies from all media in your possession or control of whatever type (whether now known or hereafter developed, invented or devised), and (3) to destroy all other copies or, at Products On The Go’s request, return all such copies to Products On The Go®. Your use of this site and any Content shall comply with all applicable law. Products On The Go® may restrict or remove your access to this site at any time, or restrict or remove your use of any Content for any reason, and may (or may choose not to) replace that Content with other Content, and you agree immediately to discontinue all use of the Content upon notification from Products On The Go®.
12. Minors under eighteen (18) years of age are not eligible to become Customers of Products-OnTheGo.com or to purchase any product or service from us. If you choose to become a Customer, by doing so you warrant that you are at least eighteen (18) years of age.
13. For purposes of identification, billing and marketing, you agree to provide Products On The Go® with accurate, complete, and updated information as requested by us, including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number, security code and expiration date). You agree to notify Products On The Go® within ten (10) days of any changes in these elements of your information. You are solely responsible for maintaining the confidentiality of your own password(s) (if any), and you agree that Products On The Go® will have no obligations with regard thereto. Products On The Go® reserves the right to reveal, or to choose not to reveal, any data or other information in its possession regarding users of our website in cooperation with a duly authorized request or investigation by a duly authorized governmental body or governmental agency.
14. You acknowledge that transmissions made by means of Products-OnTheGo.com are not confidential, and that your communications may be read or intercepted by others. You acknowledge and agree that by engaging in transactions with Products-OnTheGo.com, no confidential, fiduciary, contractually implied or other relationship is created between you and Products On The Go®, beyond that which is explicitly established by this and other contracts between you and us.
15. Any communications or materials you transmit to Products-OnTheGo.com, by electronic mail or otherwise, including without limitation any data, question, comment, suggestion, idea, or the like (“Communications”) will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the site, any Communications, you grant to Products On The Go® and to all users of the site a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Communications in any form, media or technology (whether now known or hereafter invented or devised). Products On The Go® assumes no responsibility for any Communications posted or submitted, or for the return of such Communications. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.
II. BECOMING A CUSTOMER OF PRODUCTS-ONTHEGO.COM
You hereby represent and warrant that you are no less than eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and to abide by and fully comply with this Agreement.
If you do not meet our above-stated eligibility requirements, do not seek to become a paying Customer of Products-OnTheGo.com. In addition to any other rights that Products On The Go® may have in law or equity, Products On The Go® reserves the right to suspend or terminate your account if you do not meet each of the foregoing requirements. Products On The Go® may require you to provide proof that you are eligible to participate according to this Agreement prior to accepting you as a paying Customer.
Purchases: By becoming a Customer, you agree to provide accurate, current and complete information about yourself as requested (“Data”) and maintain and promptly update your Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, and/or Products On The Go® has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Products On The Go® may deny you access to areas of our Content, at our sole discretion.
Returns: While Products On The Go® will make every commercially reasonable effort to satisfy your expectations as our Customer, the nature of the goods sold to you on Products-OnTheGo.com is such that we cannot accept returns of product. If you are unhappy with your purchase, please let us know so that we can correct any deficiencies in the future.
Communications and Disclosure: As a result of your role as a Customer, you may receive certain communications from Products On The Go® related to Content found on our site or related matters. You understand and agree that these communications are sent to you as a result of your being our Customer, and that you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to firstname.lastname@example.org at our “Contact Us” link.
You acknowledge, consent and agree that Products On The Go® may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief on our part that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce this Agreement; (iii) to respond to a claim that Content on our site violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of Products On The Go®, its users (including you) and the public.
Disqualification: Products On The Go®, in its sole discretion, may disqualify you from using our site if you engage in conduct which Products On The Go® deems to be improper, unfair or otherwise adverse to the operation of the site or in any way detrimental to us or other Customers. Improper conduct includes, but is not limited to: falsifying personal information required to become and remain a Customer; violating any of our rules; tampering with the administration of the site or trying in any way to tamper with the software associated with our site; improperly obtaining other Customers’ information and/or spamming other Customers; or abusing the Products-OnTheGo.com website in any other way. Products On The Go® and its affiliates are not responsible for: human errors; technical malfunctions; software failures, including without limitation public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that temporarily do not permit you to access or freely to use our site, including without limitation any injury or damage to any person’s computer equipment relating to or resulting from your use of our site); inability to access our website, or any pages on Products-OnTheGo.com; theft, tampering, destruction, or unauthorized access to, or alteration of, data and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or website, or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
If for any reason Products-OnTheGo.com is not capable of running as originally planned, or if our website (or any portion thereof) becomes corrupted, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by Customers, fraud, technical failures, or any other causes of any kind, in the sole opinion of Products On The Go® corrupts or affects the administration, security, fairness, integrity or proper conduct of the site, Products On The Go®§ reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend such individual’s status as a Customer.
The failure of either Party to comply with any provision of this Agreement due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of said Party’s control (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of this Agreement.
III. FOR ALL VISITORS AND CUSTOMERS
18. Conduct: As a condition of your use of Products-OnTheGo.com for any purpose, you promise not to use the site in any way that is unlawful or prohibited by this Agreement, or in any other way that is not reasonably intended by Products On The Go®. By way of example and without limitation, you agree not to: (i) abuse, harass, impersonate, intimidate or threaten other Products-OnTheGo.com users; (ii) post or transmit, or cause to be posted or transmitted, any matter that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party; (iii) use the site for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws; (iv) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other Products-OnTheGo.com user; (v) create or submit unwanted email (“Spam”) to any other Products-OnTheGo.com user; (vi) infringe upon the intellectual property rights of Products On The Go®, its users, or any third party; (vii) submit comments linking to affiliate programs, multi-level marketing schemes, or off-topic content; (viii) post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or in fact functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) use any robot, spider, scraper, sniping software or other automated means to access Products-OnTheGo.com for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose, in our sole and absolute opinion, an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of our site or any activities conducted on our site; or (c) bypass any measures we may use to prevent or restrict access to our site; or (d) advertise to, or solicit, any user to buy or sell any product or service, or use any information obtained from the site in order to contact, advertise to, solicit, or sell any product or service to any user without his/her prior explicit consent.
Violation of Products On The Go’s rules may result in removal of your right to access our website. You acknowledge and agree that Products On The Go® may remove any user-created content and terminate any Products-OnTheGo.com account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content). To report violations by others of this Agreement, please use the “Contact Us” link on our website.
19. User Content: You understand that all content submitted to Products-OnTheGo.com, including but not limited to personal information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from whom such content originated. This means that you, not Products On The Go®, are entirely responsible for all content that you upload, post, share, email, transmit, or otherwise make available via our site. Under no circumstances will Products On The Go® be liable in any way for any content uploaded, posted, shared, emailed, transmitted or otherwise made available via the site except that which originated from Products On The Go®. As between you and Products On The Go®, you are solely responsible for your interactions with other users of our site. Products On The Go® reserves the right, but has no obligation, to monitor disputes between you and other users.
With respect to anything that you submit or make available on the site, you grant Products On The Go® an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display your submission (in whole or in part) and/or to incorporate your submission into other works in any format or medium now known or later developed.
You hereby represent and warrant to Products On The Go® that you will not transmit by means of Products-OnTheGo.com any materials of any kind which (1) violate, plagiarize, or infringe on the intellectual property or contractual rights of any third party; (2) are imported and/or exported in violation of any law, rule, or regulation of any jurisdiction with regard to such imports or exports; (3) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; (4) contain software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You further represent and warrant to Products On The Go® that your use of Products-OnTheGo.com will at all times comply with all applicable laws, rules, and regulations. You hereby agree to indemnify, defend and hold harmless Products On The Go® and its officers, employees, licensors, licensees, independent contractors, providers, subsidiaries and affiliates (collectively, the “Affiliates”), from and against any and all liability and costs incurred by Products On The Go® or any of said Affiliates in connection with any claim arising out of any breach by you of the foregoing representations, warranties and covenants, including, without limitation, reasonable transactional and litigation-related attorney fees and costs, at all levels of legal activity. You shall cooperate as fully as reasonably required in the defense of any claim. Products On The Go® reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of Products On The Go®.
[If you are a copyright owner or an agent thereof (“Owner”) and believe that any content on the Products-OnTheGo.com site infringes upon the Owner’s copyright(s), rights of publicity, or any other rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing ProductsOnTheGo’s Legal Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the Owner of a legal right that is allegedly infringed;
Identification of the copyrighted work or other legal right claimed to have been infringed, or, if multiple materials on Products-OnTheGo.com are intended to be covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing, the subject of infringing activity or is violative of any other legal right and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Products-OnTheGo.com to locate the material;
Information reasonably sufficient to permit Products-OnTheGo.com to contact Owner, such as an address, telephone number, and, if available, an electronic mail address;
A statement that Owner has a good faith belief that use of the material in the manner complained of is not authorized by the Owner or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that Owner is authorized to act with regard to the legal right that is allegedly infringed.
ProductsOnTheGo’s designated Legal Agent to receive notifications of claimed infringement is reachable through the “Contact Us” link on the www.Products-OnTheGo.com website. Please specify “Legal Agent” in your subject line. Owner acknowledges that failure to comply with any or all of the above requirements may render Owner’s legal notice not valid.]
20. Your Indemnification of Products On The Go®:
By using Products-OnTheGo.com, you agree to release and to hold harmless Products On The Go® and each of its respective parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from any and all cost or liability (including without limitation reasonable attorney fees at all stages of the legal process, whether transactional or litigation-related, and at all levels of litigation) arising from claims or actions of any kind whatsoever, including, but not limited to injuries, damages or losses to persons and property which may be sustained in connection you’re your accessing and/or using Products-OnTheGo.com in any manner.
LIMITATION OF LIABILITY
21. PRODUCTS ON THE GO® ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL PRODUCTS ON THE GO® OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, CRIMINAL LAW OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY (INCLUDING BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), AND/OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY PRODUCTS ON THE GO® OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF PRODUCTS ON THE GO® OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO YOU OR TO ANY OTHER PARTY.
22. If, notwithstanding the foregoing, Products On The Go® and/or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this site or its content, the liability of Products On The Go® and/or the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site or becoming a Customer of this site, or (b) One Hundred United States Dollars (US$100.00). In its sole discretion, in addition to any other rights or remedies available to Products On The Go®, and without any liability whatsoever, Products On The Go® at any time and without notice may terminate or restrict your access to any component of this site. Some legal jurisdictions do not allow limitation of liability; so the foregoing limitation may not apply to you.
24. We will use our reasonable commercial efforts to keep our site available on a 24-hour/7-day-a-week basis, subject to downtime for scheduled maintenance, unscheduled maintenance, and system outages. We cannot promise that access to Products-OnTheGo.com will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
25. We make reasonable attempts to exclude viruses from Products-OnTheGo.com, but cannot ensure that the site will at all times be free from viruses or other destructive software. You are urged to take appropriate safeguards before accessing Products-OnTheGo.com or downloading anything from our site. We assume no responsibility for any damages to computer equipment or other property that may result from use of Products-OnTheGo.com or downloading anything from our site.
26. You may preserve this Agreement in hard-copy form by printing it for your records, and you waive any other requirement that this Agreement be evidenced by a written document.
27. To the extent that we may need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on the site, electronic mail, or instant messaging.
28. As a user of Products-OnTheGo.com, you hereby expressly acknowledge and agree that such use and involvement is voluntarily undertaken solely at your own risk. You recognize, agree and acknowledge that activities undertaken on Products-OnTheGo.com may be activities which inherently involve certain risks. Under no circumstances will Products On The Go® have any liability whatsoever for any loss, damage or injury alleged and/or sustained by any user of Products-OnTheGo.com from engaging in any activity coordinated through, sponsored by, or affiliated with Products-OnTheGo.com. As a user of Products-OnTheGo.com, you hereby agree that you are solely responsible for any applicable costs, fees and expenses associated with using Products-OnTheGo.com. By using any services or functionalities provided at Products-OnTheGo.com, and in consideration of your usage of the Products-OnTheGo.com site, you, on behalf of yourself, and your heirs, designees and assigns, hereby release, waive, discharge and agree not to sue Products On The Go®, its officers, directors, agents, representatives, employees and affiliates in their capacities as such, and agree to hold Products On The Go® and each of such persons associated therewith harmless with respect to any and all fees or expenses (including without limitation reasonable attorney fees, both transactional and litigation-related, at all levels), and with respect to any and all allegations, losses, claims, damages, property damage, personal injuries or death to you or to any other individual, whether caused by you or the acts (including the failure to act) of any other persons, events, and/or occurrences.
29. You agree that no joint venture, partnership, employment, fiduciary or agency relationship exists between you and Products On The Go® as a result of this Agreement or use of Products-OnTheGo.com. The performance of this Agreement by Products On The Go® is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Products On The Go’s right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to or gathered 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 provisions 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 this Agreement shall continue in effect.
30. PRODUCTS ON THE GO® MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND/OR ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “WHERE IS” WITHOUT ANY WARRANTIES OF ANY KIND.
31. PRODUCTS ON THE GO® HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THIS WEBSITE AND/OR ANY INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
32. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL PRODUCTS ON THE GO® BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER OF ANY KIND, 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 THIS WEBSITE;
— WITH DELAY OR INABILITY TO USE THIS WEBSITE;
— WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE; OR
— WITH ANY OTHER CONSEQUENCE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, CRIMINAL LAW, STRICT LIABILITY OR OTHERWISE, EVEN IF PRODUCTS ON THE GO® HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
33. DUE TO THE FACT THAT CERTAIN LEGAL JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT NECESSARILY APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANYTHING IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
34. If, notwithstanding the foregoing, Products On The Go® and/or any third-party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of Products-OnTheGo.com and/or its content, the liability of Products On The Go® and/or the third-party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge (if any) for accessing this site and/or becoming a Customer of this site, or (b) US $100.00. In its sole discretion, in addition to any other rights or remedies available to Products On The Go®, and without any liability whatsoever, Products On The Go® at any time and without notice may terminate or restrict your access to all or any component of this website.
36. Products On The Go® reserves the right in its sole and absolute discretion, and with no attendant liability, to deny any potential user’s application to become a Customer of this website, to deny any user access to this website, any interactive service herein, or any portion of this website without notice, and the right to change the terms, conditions, and notices under which Products-OnTheGo.com is offered.
37. This Agreement, and the other legal notice documents contained elsewhere on this website and incorporated herein by reference, constitute the entire agreement between you and Products On The Go® with respect to Products On The Go’s products and services, Products-OnTheGo.com, and any other relationship between you and Products On The Go®, and they supersede any and all prior or contemporaneous communications and proposals, whether electronic, oral or written, with respect to Products On The Go®, its products/services, and/or Products-OnTheGo.com. 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. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted to you herein are expressly and exclusively reserved to Products On The Go®.
38. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, U.S.A. USER HEREBY CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS SITTING IN MIAMI-DADE COUNTY, FLORIDA, U.S.A., IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE. USE OF THIS WEBSITE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.
39. In the event a dispute arises between you and Products On The Go®, Products On The Go® and you agree to pursue neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Products On The Go® agree that any claim or controversy at law or equity that arises out of this Agreement, Products-OnTheGo.com, and/or Products On The Go’s other products/services shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the Parties. Before resorting to these alternatives, Products On The Go® strongly encourages you to first contact Products On The Go® directly to seek a resolution, and Products On The Go® will consider all reasonable requests to resolve that dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation:
A. Alternative Dispute Resolution. Products On The Go® will consider use of alternative forms of dispute resolution, such as non-binding mediation and/or binding arbitration to be held in or as near as possible to Miami-Dade County, Florida, U.S.A.
B. Court. Alternatively, any claim may be adjudicated by a court of competent jurisdiction located in Miami-Dade County, Florida, U.S.A. User and Products On The Go® agree to submit to the exclusive venue and personal jurisdiction of the state and federal courts located within Miami-Dade County, Florida, U.S.A., with no assertion by either Party of any objection to such venue and jurisdiction, including without limitation any objection based on the doctrine of forum non conveniens.
THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO CLAIMS.
40. You agree that: (i) the Products-OnTheGo.com website shall be deemed solely based in the state of Florida, United States of America; and (ii) the Products-OnTheGo.com website shall be deemed a passive website that does not give rise to personal jurisdiction over Products On The Go®, either specific or general, in jurisdictions other than Florida, United States of America. This Agreement shall be governed by the internal substantive laws of the State of Florida, without regard to its conflict of laws principles. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, with the surviving provisions being interpreted so as fully as possible to effect the original intentions of the Parties to this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Products On The Go’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Products On The Go® reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement regularly for any such changes. Your use of Products-OnTheGo.com in any manner following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. YOU AND PRODUCTS ON THE GO® AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO PRODUCTS-ONTHEGO.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
23. User agrees that “Products On The Go”, “ProductsOnTheGo.com,” “Love On The Go”, “Little Toes On The Go”, “Girl Power On The Go”, “First Class Experience On the Go”, “Sunshine On The Go”, and “www.ProductsOnTheGo.com” are trademarks of Products On The Go, LLC, a Florida USA limited liability company.
24. (a) This Agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by, the laws of the State of Florida, USA, applicable to agreements entered into and to be wholly performed therein, and by applicable United States federal law. In the event of any conflict between any provisions hereof and any applicable laws to the contrary, the latter shall prevail, but this Agreement shall be deemed modified only to the extent necessary to remove such conflicts, and the surviving provisions hereof shall be interpreted so as fully as possible to effect the original intentions of the Parties. Only the courts (state and federal) having jurisdiction within Miami-Dade County, Florida, USA, will have jurisdiction of any controversies regarding this Agreement and/or Products-OnTheGo.com; any action or other proceeding which involves such a controversy will be brought in those courts and not elsewhere, and the User hereby waives any objection such User may otherwise have to the jurisdiction and venue of such courts, including without limitation objections raised on the basis of forum non conveniens. Any process in any such action or proceeding may, among other methods, be served by delivering or mailing it, by registered or certified mail, directed to the address which the addressee has designated from time to time. Any such delivery or mail service shall be deemed to have the same force and effect as personal service within the State of Florida. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed by the Parties. The Parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, be written in the English language (Les parties aux presentes confirment leur volonte que cette le convention de meme que tous les documents y compris y tout avis qui s’y rattache soient rediges en langue anglaise). You further agree that, in any dispute between Products On The Go® and you, Products On The Go® shall be entitled to recover its reasonable attorney fees, legal expert fees, and other legal expenses from you should Products On The Go® emerge as the prevailing party.
(b) This Agreement constitutes the entire agreement of the Parties hereto and supersedes all oral and written agreements and understandings made or entered into by the Parties hereto prior to the date hereof. No amendment, change or modification of this Agreement shall be valid unless it is accepted by both Parties hereto, and any waiver of a failure to perform or of a breach shall not operate to waive any subsequent failure to perform or breach.
(c) The use of the singular in this Agreement shall apply to and mean the plural where appropriate. The use of the masculine or neuter pronoun in this Agreement shall apply to and mean the feminine where appropriate, and vice versa.
(d) The captions appearing at the commencement of the clauses hereof are descriptive only and for convenience in reference to this Agreement; and should there be any conflict between any such heading and the language of the clause at the head of which it appears, the language of the clause thereof, and not such heading, shall control and govern in the construction of this Agreement.
(e) You acknowledge that a violation or attempted violation of any of this Agreement will cause Products On The Go® such damage as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Products On The Go® shall be entitled as a matter of right to an injunction, issued by any court of competent jurisdiction, restraining such violation or attempted violation of this Agreement by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Products On The Go® in obtaining such an injunction, including, without limitation, reasonable attorney fees at all levels of litigation. You agree that no bond or other security shall be required in connection with Products On The Go’s application for any such injunction.
(f) The Parties acknowledge that each has been advised by counsel, and/or been given the opportunity and recommendation to be advised by counsel, during the course of negotiation of this Agreement. This Agreement shall be interpreted without regard to any presumption or rule requiring construction against the Party causing this Agreement to be drafted.