TERMS OF USE AGREEMENT & DISCLAIMER

Welcome to SoldOutAfterCrisis (also referred to herein as “Site,” “we,” “us,” or “our”) available at the URL www.SoldOutAfterCrisis.com.  We provide services and/or products to you subject to the notices, terms, and conditions set forth in this Terms of Use Agreement & Disclaimer (“Agreement”).  By accessing or otherwise using our Site and/or affiliated sites, or by accessing or otherwise using our guides, videos, or other media available on our Site (collectively referred to herein as our “Materials”), you agree to all of the terms in this Agreement.  As such, we strongly advise you to read this Agreement carefully before using our Site and/or our Materials.




Using Our Site

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable, and non-exclusive license to access and use our Site only for the purpose of learning about and purchasing our Materials.  You may not make any other use of our Site, including any other commercial uses, or use our Site on behalf of any third party, except as explicitly permitted by us in advance.
Subject to the license provided above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing.

We reserve the right to refuse service, cancel orders of our Materials, terminate user support accounts and/or access to the Site and/or related sites at our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to the best interests of SoldOutAfterCrisis.

Various pieces of indentifying information, including without limitation, e-mail addresses and passwords may be used to authenticate your identity should you need to access our Site and/or related sites.  By using our Site you agree that this method and form, or other methods and forms, of authentication are acceptable to you.  You will be solely responsible for all access to and use of this Site and/or related sites by anyone using your identifying information, whether or not such access to and use of this Site and/or related sites is actually authorized by you, including without limitation, all communications and transmissions and all effects resulting from unauthorized access or use.

Any downloads (purchased or otherwise) from our Site or any related sites or hosting systems are done at the user’s own risk.  No warranty is given that downloads or sites are free of corrupting computer code, viruses, and/or worms.  Any information provided may need to be downloaded using third party software (for example, Acrobat or Flash Player) and it is the user’s responsibility to obtain, install, and maintain any such software.

 

Using Our Materials

Subject to the terms and conditions of this Agreement, and upon purchase of our Materials, we hereby grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the purchased Materials for the personally benefiting purposes discussed therein.  You may not make any other use of our Materials, including commercial uses, or use our Materials on behalf of any third party, except as explicitly permitted by us in advance.

Subject to the license provided above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, or otherwise exploit our Materials or any portion of them unless expressly permitted by us in writing.

In using our Materials, it remains your responsibility to comply with any and all applicable local, state, and federal codes, regulations, and laws regarding building standards, inspection requirements, permitting requirements, public safety standards, and other relevant concerns. This includes any applicable Homeowners Association rules and/or Homeowners Insurance guidelines.  You should contact professionals and/or experts for assistance and/or advice as is necessary to safely and properly complete any implementation of the methods and systems described in the Materials.  You are responsible for your actions, and agree to indemnify and/or hold harmless SoldOutAfterCrisis for any loss, injury, death, claim (whether valid or invalid), judgment, suit, proceeding, damages, costs and/or expenses of any nature whatsoever arising from any action taken by you when using or misusing information in the Materials.

All products from SoldOutAfterCrisis.com or its related companies are strictly for informational purposes only.  While all attempts have been made to verify information provided on our website and in the publications, neither the Authors nor the Publishers assumes any responsibility or liability. The Authors and Publishers disclaims any responsibility for the accuracy of the content, including but not limited to errors or omissions.  Loss of property, injury to self or otherwise, or even death can occur as a direct or indirect consequence of the use and application of any content found herein.

 

Affiliate Statements

You may have been directed to our Site by virtue of an Affiliate.  Affiliates are independent contractors.  Affiliates are not our employees or agents.  We do not accept any liability for the statements that Affiliates make concerning our Site and our Materials.  You are advised to read Affiliate statements closely to ensure that the Affiliate’s statement fairly and accurately represents our Site and our Materials.


Links to Third Party Sites

Our Site may contain links to other sites that are not owned or operated by us (“Third Party Sites”).  You agree that SoldOutAfterCrisis is not responsible for these Third Party Sites, inclusive of problems related to their operation or content.


Intellectual Property

All text, graphics, photographs, icons, buttons, audio, video, and software (collectively “Content”) of the Site and the Materials belongs to SoldOutAfterCrisis.  In addition to protection of each copyrighted work comprising our Content and Materials, the various collections and arrangements of all such Content and Materials are protected as compilations under United States and international copyright laws.  Except as provided in the license above, you may not use our Content without our express written permission.

The text marks “SoldOutAfterCrisis” and “SoldOutAfterCrisis.com” (and any related design marks) are trademarks (or service marks) of SoldOutAfterCrisis (“SoldOutAfterCrisis Trademarks”).  All other marks used on our Site are trademarks of their respective owners.

Subject to applicable law, you may not use the SoldOutAfterCrisis Trademarks without our express written permission.  You may not use the SoldOutAfterCrisis Trademarks in connection with any product or service, or in any other way, which is likely to create confusion or disparages or dilutes SoldOutAfterCrisis’s trademark rights.


Disclaimer and Limitation of Liability

This Site and the goods and services provided in connection with it are provided on an “AS IS” basis.  SoldOutAfterCrisis makes no representations or warranties of any kind, express or implied, as to the operation of our Site or the goods and services provided in connection with our Site.  Particularly, SoldOutAfterCrisis makes no representations or warranties as to the effect, results, and/or probabilities of success of any specific or general implementation of the methods and systems described on our Site and Materials.  Furthermore, SoldOutAfterCrisis makes no representations or warranties as to the accuracy of the Materials, including but not limited to errors or omissions.  To the fullest extent permitted by law SoldOutAfterCrisis disclaims all warranties, either express or implied.  SoldOutAfterCrisis does not warrant that our Site will be error free.
From time to time orders of Materials through our Site will be delayed or may not be fulfilled.  SoldOutAfterCrisis shall in no way be consequentially liable to you for cancelled, terminated, or otherwise unfulfilled orders.

To the fullest extent permitted by law, SoldOutAfterCrisis disclaims liability for any damages of any kind arising from your use of our Site and/or Materials, including but not limited to indirect, incidental, punitive, exemplary, special or consequential damages.


Applicable Law and Disputes

This site is created and controlled by a Colorado, USA entity. As such, the laws of the State of Colorado will govern these terms, and conditions, without regard to conflicts of laws.

Any dispute relating in any way to your visit or use of our Site and/or Materials shall be submitted to confidential arbitration in Arvada, Colorado except that, to the extent you have in any manner violated or threatened to violate its intellectual property rights, SoldOutAfterCrisis may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.


Severability

If any part of the Agreement is held invalid and/or unenforceable in a court of law, any remaining portions shall remain in full force and effect.  SoldOutAfterCrisis’s failure to enforce, or decision not to enforce, any provision of the Agreement shall not be considered a waiver of such provision, nor of the continuing right to enforce any and all such provisions..


Updates

We reserve the right to change our Terms of Use Agreement.  If changes are made to this Agreement, we will publish the updated version of our Agreement here.  Your consent to any such changes is expressly given by your continued use of our Site and/or Materials.


Effective Date
May 6, 2011

 

 

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