CustomGuide Terms of Service ("Terms")
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.customguide.com website (the "Service") operated by CustomGuide Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Communications
By creating an Account on our
service, you agree to subscribe to newsletters, marketing or
promotional materials and other information we may send. However, you
may opt out of receiving any, or all, of these communications from us
by following the unsubscribe link or instructions provided in any
email we send.
Purchases
If you wish to purchase any product or
service made available through the Service ("Purchase"), you may be
asked to supply certain information relevant to your Purchase
including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your
shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are
constantly updating product and service offerings on the Service. We
may experience delays in updating information on the Service and in
our advertising on other web sites. The information found on the
Service may contain errors or inaccuracies and may not be complete or
current. Products or services may be mispriced, described
inaccurately, or unavailable on the Service and we cannot guarantee
the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests,
sweepstakes or other promotions (collectively, "Promotions") made
available through the Service may be governed by rules that are
separate from these Terms & Conditions. If you participate in any
Promotions, please review the applicable rules as well as our Privacy
Policy. If the rules for a Promotion conflict with these Terms and
Conditions, the Promotion rules will apply.
Content
Our Service allows you to post, link, store,
share and otherwise make available certain information, text,
graphics, videos, or other material ("Content"). You are responsible
for the Content that you post on or through the Service, including
its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
CustomGuide Inc. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of CustomGuide Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Accounts
When you create an account with us, you
guarantee that you are above the age of 18, and that the information
you provide us is accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the
immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Copyright Policy
We respect the intellectual
property rights of others. It is our policy to respond to any claim
that Content posted on the Service infringes on the copyright or
other intellectual property rights ("Infringement") of any person or
entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@customguide.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright's interest;
- a
description of the copyrighted work that you claim has been
infringed, including the URL (i.e., web page address) of the location
where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service
where the material that you claim is infringing is located;
-
your address, telephone number, and email address;
- a statement
by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
- a
statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at info@customguide.com
Intellectual Property
The Service and its original
content (excluding Content provided by users), features and
functionality are and will remain the exclusive property of
CustomGuide Inc. and its licensors. The Service is protected by
copyright, trademark, and other laws of both the United States and
foreign countries. Our trademarks and trade dress may not be used in
connection with any product or service without the prior written
consent of CustomGuide Inc..
Links To Other Web Sites
Our Service may contain
links to third party web sites or services that are not owned or
controlled by CustomGuide Inc.
CustomGuide Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that CustomGuide Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account
and bar access to the Service immediately, without prior notice or
liability, under our sole discretion, for any reason whatsoever and
without limitation, including but not limited to a breach of the
Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and
hold harmless CustomGuide Inc. and its licensee and licensors, and
their employees, contractors, agents, officers and directors, from
and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited
to attorney's fees), resulting from or arising out of a) your use and
access of the Service, by you or any person using your account and
password; b) a breach of these Terms, or c) Content posted on the
Service.
Limitation Of Liability
In no event shall
CustomGuide Inc., nor its directors, employees, partners, agents,
suppliers, or affiliates, be liable for any indirect, incidental,
special, consequential or punitive damages, including without
limitation, loss of profits, data, use, goodwill, or other intangible
losses, resulting from (i) your access to or use of or inability to
access or use the Service; (ii) any conduct or content of any third
party on the Service; (iii) any content obtained from the Service;
and (iv) unauthorized access, use or alteration of your transmissions
or content, whether based on warranty, contract, tort (including
negligence) or any other legal theory, whether or not we have been
informed of the possibility of such damage, and even if a remedy set
forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole
risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis.
The Service is provided without warranties of any kind, whether
express or implied, including, but not limited to, implied warranties
of merchantability, fitness for a particular purpose,
non-infringement or course of performance.
CustomGuide Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the
exclusion of certain warranties or the exclusion or limitation of
liability for consequential or incidental damages, so the limitations
above may not apply to you.
Governing Law
These Terms shall be governed and
construed in accordance with the laws of Minnesota, United States,
without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole
discretion, to modify or replace these Terms at any time. If a
revision is material we will provide at least 30 days notice prior to
any new terms taking effect. What constitutes a material change will
be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us:
CustomGuide
4125 Trenton Lane N
Plymouth, MN 55441
USA
info@customguide.com
Phone: 612.871.5004