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This
Terms of Use Agreement ("Agreement") constitutes
a valid, binding contract between you and MoonRings,
Inc. and its affiliates ("MoonRings"),
a Delaware corporation, the owner and operator of
MoonRings.com, with respect to the use of this website
(the "Site"). The products and services
of MoonRings are provided subject to compliance
with the terms of this Agreement. Your use of this
Site signifies and constitutes your acceptance of
this Agreement, as it may be amended from time to
time. Please read this Agreement carefully as it
forms a binding contract between you and MoonRings.
MoonRings
takes the issue of privacy on the Internet very
seriously. To view our privacy policy, click here.
Use
of the MoonRings Site
Your use of the Site is at the sole discretion
of MoonRings, which may deny you further use of
the Site at any time, for any reason, with or
without cause. Your use of the Site, registration,
or ordering of products via the Site does not
entitle you to continue to use the Site.
Your
use of the Site must always comply with applicable
law. In particular, but without limitation, you
agree and represent not to use the Site to:
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impersonate
any person or entity or falsely state or
otherwise misrepresent your affiliation
with any person or entity; |
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upload,
post, e-mail or otherwise transmit any content
that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically
or otherwise objectionable; |
| 3.
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upload,
post, e-mail or otherwise transmit any content
that infringes any patent, trademark, trade
secret, copyright or other proprietary rights
of any party; or |
| 4. |
upload,
post, e-mail or otherwise transmit any material
that contains software viruses or any other
computer code, files or programs designed
to interrupt, destroy or limit the functionality
of any computer software, network, hardware
or telecommunications equipment. |
Links
to Other Sites
The Site may contain links to third party websites.
These links are provided solely as a convenience
to you and not as an endorsement by MoonRings of
the contents on such websites. MoonRings is not
responsible for the content of linked third party
sites and does not make any representations regarding
the content or accuracy of the materials on such
sites. If you decide to access linked third party
websites, you do so at your own risk.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY
HARMLESS MOONRINGS FROM AND AGAINST ANY AND ALL
CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING
WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE
OF MOONRINGS, ARISING FROM OR RELATED TO YOUR
USE OF THE SITE, THE MATERIALS IT CONTAINS, THE
USE OF YOUR PASSWORD TO ACCESS OR USE THE SITE,
AND ANY SITES LINKED TO THIS SITE.
Disclaimer
of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR
USE OF THE SITE IS AT YOUR SOLE RISK. THE
SITE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. MOONRINGS
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. |
| 2.
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MOONRINGS
MAKES NO WARRANTY THAT:
a) YOUR USE OF THE SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE,
b) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SITE WILL BE ACCURATE OR
RELIABLE, OR
c) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SITE WILL
MEET YOUR EXPECTATIONS. |
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ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
| 4. |
NO
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM MOONRINGS OR THROUGH THIS SITE
SHALL CREATE ANY WARRANT NOT EXPRESSLY STATED
IN THIS AGREEMENT. |
Limitations
and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOONRINGS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF MOONRINGS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM:
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THE
USE OR THE INABILITY TO USE THE SITE; |
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UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; |
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STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
OR |
| 4. |
ANY
OTHER MATTER RELATING TO THE SITE. |
IF
YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF
THE INFORMATION CONTAINED THEREON, OR REFUSE TO
ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING
THE FOREGOING, MOONRINGS'S LIABILITY TO YOU SHALL
BE LIMITED IN ALL INSTANCES TO THE TOTAL SUM OF
ALL NET COMMISSIONS RECEIVED BY MOONRINGS IN CONJUNCTION
WITH THE PRODUCT PURCHASED THROUGH THIS SITE,
BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $1,000.
YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH
ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE
OF ANY CLASS ACTION LAWSUIT AGAINST MOONRINGS
ARISING OUT OF THE USE OF THE SITE.
MOONRINGS
SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS
ON THIRD PARTY SITES IN RELATION TO THE INFORMATION
PROVIDED IN THIS SITE.
General
Separate terms and conditions will apply to your
reservation and purchase of travel-related goods
and services that you select. You agree to abide
by the terms or conditions of purchase imposed
by any supplier with whom you elect to deal, including,
but not limited to, payment of all amounts when
due and compliance with all rules and restrictions
regarding availability of fares, products, or
services. You shall be completely responsible
for all charges, fees, duties, taxes, and assessments
arising out of the use of this Web site.
You
warrant that you are at least 18 years of age
and possess the legal authority to enter into
this agreement and to use this Web site in accordance
with all terms and conditions herein. You agree
to be financially responsible for all of your
use of this Web site (as well as for use of your
account by others, including without limitation
minors living with you). You agree to supervise
all usage by minors of this Web site under your
name or account. You also warrant that all information
supplied by you or members of your household in
using this Web site is true and accurate. Without
limitation, any speculative, false or fraudulent
reservation or any reservation in anticipation
of demand is prohibited. You agree that the travel
services reservations facilities of this Web site
shall be used only to make legitimate reservations
or purchases for you or for another person for
whom you are legally authorized to act. You understand
that overuse or abuse of the travel services reservation
facilities of the Web site may result in you,
being denied access to such facilities.
Intellectual Property Rights
The Site is protected by copyright, trademark,
trade dress and other intellectual property rights.
| 1.
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MoonRings grants you a personal, revocable,
non-transferable, and non-exclusive right
and license to use the object code of the
Site on a single computer; provided that
you do not (and do not allow any third party
to) copy, modify, create a derivative work
from, reverse engineer, reverse assemble
or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a
security interest in or otherwise transfer
any right in the software for the Site.
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| 2.
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The
MoonRings logo, MoonRings.com, and other
trademarks, service marks, logos, product
names and service names (collectively, the
"Marks") are owned or licensed
by MoonRings. You agree not to copy, display
or otherwise use any of the Marks without
the prior written permission of MoonRings. |
| 3.
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The
entire Site, and all object code and source
code associated therewith, are copyright
2000 - 2009, MoonRings, Inc. All rights
reserved. |
Modification
MoonRings may update, revise, supplement, modify
or amend this Agreement at any time. Any updates,
revisions, supplements, modifications or amendments
shall be effective immediately upon its posting
on the Site. You agree that you will be bound
by this Agreement, however and whenever it is
updated, revised, supplemented, modified, or amended,
whether you have actual or constructive notice
of, and whether you have used or continue to use
the Site after, the updates, revisions, supplements,
modifications or amendments.
Entire
Agreement
This Agreement constitutes the entire agreement
between you and MoonRings with respect to your
use of the Site. There are no other representations,
warranties, terms, agreements or conditions, either
written or oral, with respect to your use of the
Site except as set forth in this Agreement.
Severability
If any provision of this Agreement is deemed unlawful,
void, voidable or unenforceable for any reason,
then that provision shall be deemed severable
from this Agreement and shall not affect the validity
or enforceability of any remaining provisions.
Governing
Law and Venue
This Agreement, the entire relationship between
you and MoonRings, and any litigation or other
legal proceeding between you and MoonRings (whether
grounded in tort, contract, law or equity) shall
be governed by and construed in accordance with
the laws of the State of Illinois, without giving
effect to its choice of law rules.
This
contract is fully performable in Chicago, Illinois.
Any litigation arising between the parties hereto
shall be brought only in the state or federal
courts having subject matter jurisdiction in Cook
County, Illinois. You hereby irrevocably and unconditionally
consent to the jurisdiction of any such court
and hereby irrevocably and unconditionally waive
any defense of an inconvenient forum to the maintenance
of any action or proceeding in any such court,
any objection to venue with respect to any such
action or proceeding, and any right of jurisdiction
on account of the place of residence or domicile
of any party thereto.
Termination
MoonRings may terminate your right to use this
Site, with or without cause at any time in its
sole discretion, including, without limitation,
your violation of this Agreement, failure to provide
accurate registration data, and lack of use. In
the event of termination, all representations,
warranties, indemnifications, and promises made
by you shall survive.
Contact
Information
If you have a comment, question or request, or
if you need to contact MoonRings for any other
reason, there are three easy ways to do so.
| 1.
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E-mail: You can e-mail MoonRings at info@moonrings.com.
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| 2.
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Telephone
Number: You may call MoonRings at 1-312-261-5760.
If you call after normal business hours,
please leave a message and your telephone
number. A representative will get back to
you as quickly as possible. Normal business
hours are Monday through Friday, 9 a.m.
to 6 p.m. Central Time. |
| 3.
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U.S.
Mail: Send mail to MoonRings at:
MoonRings, Inc.
806 W. Washington Blvd., Suite 205
Chicago, IL 60607 |
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