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TERMS
& CONDITIONS
The following are the terms of a USE Agreement between
SCRIPTS UNLIMITED.biz ("Company") and you, a potential
purchaser or buyer ("Buyer") of Services or Goods through
the Scripts Unlimited.biz website (the "Site"). If you
do not agree to these terms, you will not be able to purchase
Services, so please review these terms carefully:
1. Introduction. You acknowledge and agree to the terms
and conditions outlined in this Use Agreement ("Agreement")
with respect to the Services and Information provided
by or through the Site. This Use Agreement shall be deemed
to have been reviewed by You prior to contracting with
the Company and/or prior to the purchasing of any products
or services through the CompanyÕs online Merchant Affiliates.
2. Payment. In contracting with the Company, You acknowledge
that the use of any services provided by PayPal Inc. shall
be governed by the terms and conditions posted on their
website. http://www.paypal.com/. The Company is not responsible
for the privacy practices or the content of said site,
nor assumes any responsibility for any transactions between
You and PayPal Inc., to which You agree.
3. Merchant Affiliates. Merchant Affiliates are independent
parties and The Company does not and shall not have any
responsibility or liability for the acts, omissions, promotions
or content of any Merchant Affiliate, including breaches
of engagements by Merchant Affiliates. This Site contains
links to other Internet sites. Such links are not endorsements
of any products or services in such sites, and no information
in such sites has been endorsed or approved by the Company.
These sites use order forms for customers to request information,
products, and services. Online merchants collect visitor's
contact information and financial information. The Company
is NOT a party to any transactions entered into between
You and any online Merchant Affiliate. You agree to hold
the Company harmless from any liability with respect to
transactions between You and said online Merchant Affiliates.
4. Editing, Deleting, and Modification. The Company reserves
the right in its sole discretion to edit or delete any
information or content appearing on the Site and to remove
any Services for sale. Upon notice published over the
Service, Company may modify this Agreement, or prices,
and may discontinue or revise any or all aspects of the
Site in its sole discretion and without prior notice.
Modification of this Agreement will be deemed effective
upon publication on the Site with respect to transactions
occurring after said date.
6. Right to Refuse. The Company reserves the right in
its sole discretion to refuse Service(s) at any time.
7. Indemnification. You agree to indemnify, defend and
hold the Company harmless from any liability, loss, claim
and expense, including reasonable attorney's fees, related
to a Your violation of this Agreement, use of the Site,
and purchases from the SiteÕs online Merchant Affiliates.
8. Disclaimer. THE SERVICE, CONTENT, AND SERVICES FROM
OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE
COMPANY, FOR ANY REASON, AND YOUR SOLE EXCLUSIVE REMEDY
FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT
PAID BY YOU FOR THE PARTICULAR SERVICE(S)/PRODUCT(S) PURCHASED.
THE COMPANY IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND
YOU. THIS SITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS.
a. Remedy Policy. Your exclusive remedy for any claim
arising out of or relating to this Agreement will be for
the Company, upon written notice, either (i) to use reasonable
efforts to cure, at its expense, the matter that gave
rise to the claim for which the Company is at fault, or
(ii) return to You the fees You paid to the Company for
the particular Service(s) provided that gives rise to
the claim, should You prevail at trial. However, You agree
that no law suit shall be filed unless the Company is
given the opportunity to satisfy any claim under (i) and
that You and the Company have first attended mediation.
You agree not to allege that this remedy fails its essential
purpose. This Section 8 sets forth Your sole and exclusive
right to remedy.
b. Use of Information. The Company reserves the right,
and You authorize the Company, to the use and assignment
of all information regarding Your use of the Site and
all information provided by You, subject to applicable
law.
c. Miscellaneous. This Agreement shall be treated as though
it were executed and performed in Los Angeles, California
and shall be governed by and construed in accordance with
the laws of the United States of America and of the State
of California (without regard to conflict of law principles).
Any cause of action by You with respect to the Site must
be instituted within one (1) month after any Service(s)
has been provided or be forever waived and barred. All
actions shall be subject to the limitations set forth
in Section 8a. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for
or against any party. All legal proceedings arising out
of or in connection with this Agreement shall be brought
solely in Los Angeles, California and You expressly submit
to the jurisdiction of said courts and You consent to
extra-territorial service of process. Should any part
of this Agreement be held invalid or unenforceable, that
portion shall be construed consistent with applicable
law as nearly as possible to reflect the original intentions
of the parties and the remaining portions shall remain
in full force and effect. To the extent that anything
in or associated with the Site or the Company is in conflict
or inconsistent with this Agreement, this Agreement shall
take precedence. Failure of the Company to enforce any
provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision.
Copyright and Trademark Protection Notice 10. Copyright.
The content, organization, gathering, compilation, magnetic
translation, digital conversion and other matters related
to the Site are protected under applicable copyrights,
trademarks, and other proprietary (including but not limited
to intellectual property) rights, and, the copying, redistribution,
use or publication by You of any such content or any part
of the Site is prohibited.
Copyright © 2003 by SCRIPTS UNLIMITED.BIZª. All the text,
graphics, audio, design, software, and other works are
the copyrighted works of SCRIPTS UNLIMITED.BIZª. All Rights
Reserved. Any redistribution or reproduction of any materials
herein is strictly prohibited.
The following are the protected Trademarks of SCRIPTS
UNLIMITED.BIZª. All Rights Reserved.
SCRIPTS
UNLIMITED.BIZª
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