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Terms and Conditions
All material from this website and any other World Wide Web sites owned, operated, licensed, or controlled by Customer Army, LLC (DBA Customer Service Army) or any of its related, affiliated, or subsidiary companies (together, "Customer Army, LLC."), including but not limited to text, graphics, or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Customer Army, LLC. ("Customer Army, LLC."). The collective work includes works that are licensed to Customer Army, LLC. Copyright © 2006 Customer Army, LLC. ALL RIGHTS RESERVED.
By using the pages in this website, you agree to these Terms and Conditions. If you do not agree, you should not use this site.
Copyright
All material from this website and any other World Wide Web sites owned, operated, licensed, or controlled by Customer Army, LLC (DBA Customer Service Army) or any of its related, affiliated, or subsidiary companies (collectively referred to as "Customer Army, LLC."), including but not limited to text, graphics, or code are copyrighted as a collective work under the United States Copyright Act 17 U.S.C. §1 et. seq. and other applicable State and Federal copyright laws, and is the property of Customer Army, LLC. Any such use is expressly prohibited unless expressly authorized in writing by Customer Army, LLC. The collective work includes works that are licensed to Customer Army, LLC. Copyright © 2006 Customer Army, LLC. ALL RIGHTS RESERVED.
All Rights Reserved
You may, subject to any expressly stated restrictions or limitations relating to specific material, display, copy, download or print portions of the material from the different areas of the site solely for your own personal, non-commercial home use, or to place an order with Customer Army, LLC. or to purchase Customer Army, LLC. products or services. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any copyright, trademark, or other proprietary notices from material downloaded from this or any other Customer Army, LLC. website.
Trademarks
All trademarks, service marks and trade names of Customer Army, LLC. used herein (including but not limited to the Customer Army, LLC. name or its DBA “Customer Service Army”, content, linking, and designs are trademarks or registered trademarks of Customer Army, LLC. All other trademarks are the property of the respective trademark owners. Any such use is expressly prohibited unless expressly authorized in writing by Customer Army, LLC.
Disclaimer
This site and the materials and products in this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Customer Army, LLC. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Customer Army, LLC. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Customer Army, LLC. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
Limitation of Liability
Customer Army, LLC. shall not be liable for any incidental, special, consequential, or punitive damages that result from any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line failure of, or any use of or any inability to use, or any materials, products or services made available on this site or any other Customer Army, LLC. website, even if Customer Army, LLC. has been advised of the possibility of such damages. The above limitations or exclusions may not apply to you.
Typographical Errors
In the event a Customer Army, LLC. product or service is listed at an incorrect price, Customer Army, LLC. shall have the right, at its sole discretion, to refuse or cancel any orders placed for product or services listed at the incorrect price. Customer Army, LLc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Customer Army, LLC. shall issue a credit to your credit card account in the amount of the incorrect price.
Term / Termination
These terms and conditions are applicable to you immediately upon your accessing the site. Customer Army, LLC. or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) All materials obtained from all Customer Army, LLC. sites, and (b) All related documentation and all copies and installations. Customer Army, LLC. may terminate this agreement immediately without notice if, in its sole judgment and discretion, you breach any term or condition of this agreement. Upon termination, you must destroy all materials referred to in (a) and (b) above. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Customer Army, LLC. may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to any address that you have provided to us (for example, but without limitation, during any registration or shopping process). If a customer of Customer Army, LLC desires to send notice, he or she should do so by electronic mail.
Use of site
Harassment in any manner or form on the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including without limitation and Customer Army, LLC. employee, host, or representative as well as other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content, which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
Customer Army, LLC. shall have no responsibility for any content appearing on this website. You agree to indemnify and defend Customer Army, LLC. in accordance with the terms and conditions below dealing with “Indemnification,” against all claims arising out of or based upon information you put on the Customer Army, LLC. website. No information may appear on any page on the Customer Army, LLC. website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Participation Disclaimer
Customer Army, LLC. does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the site, Customer Army, LLC. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Customer Army, LLC. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Customer Army, LLC. at its sole discretion.
Indemnification
You agree to defend, indemnify and hold harmless Customer Army, LLC., its officers, directors, employees, agents, representatives, licensors and suppliers (the Customer Army Indemnitees)) from and against and in respect of any and all liabilities, all losses, expenses, claims, damages and costs, including, but not limited to, attorneys' fees and costs (which shall be payable no less than monthly in arrears), arising out of or due to your actions or omissions, or consequences of such actions or omissions, with respect to the use of this website or any actions related to Customer Army, LLC. This includes anything resulting from a violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account or Customer Army, LLC account.) As security for any amounts due and owing to Customer Army, LLC. and the Customer Army Indemnitees hereunder, Customer Army, LLC. and Customer Army, LLC. Indemnitees shall each have a Lien against your assets, including the right to charge against your credit card. Your obligations hereunder shall survive the termination of this Agreement.
Third-Party Links
In an attempt to provide increased value to our visitors, Customer Army, LLC. may choose various third-party websites to link to from its own site. However, even if the third party is affiliated with Customer Army, LLC., Customer Army, LLC. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Customer Army, LLC. Customer Army, LLC. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Customer Army, LLC. seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Jurisdiction & Laws of Other Jurisdictions
By utilizing the Customer Army, LLC. website and by utilizing the services of Customer Army, LLC., you are agreeing to the terms and conditions as set forth herein and have consented to the personal jurisdiction of the State of Texas and the courts in Dallas, Dallas County, Texas. Your use of this site shall be governed in all respects by the laws of the State of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly relating to Customer Army, LLC. in any way (including but not limited to, the purchase of Customer Army, LLC. products or services) shall be in the State or Federal courts located in Dallas, Dallas County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Customer Army, LLC. products or services) must be commenced within one (1) year after the claim or cause of action arises. Customer Army, LLC.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.
Customer Army, LLC. controls and operates this site from its headquarters in Dallas, Texas in the United States of America and all payments to Customer Army, LLC. shall be deemed made in Dallas, Dallas County, Texas. Customer Army, LLC. makes no representation that any materials on this site are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported. If you download or use such software, you represent and warrant that you are not located in, or under the control of, or a national of any such country.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the State of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Customer Army, LLC. products or services) shall be in the state or federal courts located in Dallas County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Customer Army, LLC. products or services) must be commenced within one (1) year after the claim or cause of action arises. Customer Army LLC.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Customer Army, LLC. may assign its rights and duties under this Agreement to any party at any time without notice to you. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. Customer Army, LLC. may, at its sole discretion, revise these Terms and Conditions at any time by updating this posting.
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