This website, http://stevemermelstein.com/ (collectively referred to as or “Our Sites” in these Terms of Use) is owned and operated by usrbingeek, LLC (“we”, “us” or “usrbingeek, LLC”). By using and accessing our Our Sites, you (“you”, “user” or, “end user”) agree to these Terms of Use (collectively, the “Terms of Use” or “Agreement”).
BY ACCESSING AND/OR USING OUR SITES, YOU AGREE ELECTRONICALLY TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING OUR SITES.
Your use of Our Sites is governed by these Terms of Use and is also supplemented by our Privacy Policy and Terms of Service.
Access and Availability of Service and Links
Our Sites contain links to other related World Wide Web Internet sites, resources, and sponsors of Our Sites. Since Our Sites are not responsible for the availability of these outside resources or their contents, User should direct any concerns regarding any external link to its customer service, website administrator, or Webmaster. Links to and from Our Sites do not constitute an endorsement by Our Sites, usrbingeek LLC, and/or any third-party products or services.
Interactive Areas
User shall not upload to, distribute or otherwise publish through the website any Content which is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law.
Our interactive areas which include but are not limited to Live Chat, Comments, Message Boards, Chatrooms, Surveys, and Polls shall be used only in a noncommercial manner and are additionally subject to the Terms Of Service and Privacy Policy. User shall not, without the express approval of Our Sites, distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods or services.
Although Our Sites does not and cannot review every message posted in the interactive areas, and is not responsible for any content of these messages, Our Sites reserves the right to delete, move or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws or otherwise unacceptable. Users shall remain solely responsible for the content of their messages.
User acknowledges that any submissions may be edited, removed, modified, published, transmitted, and displayed by Our Sites. In addition User warrants that all moral rights in any uploaded materials have been waived.
Representations and Warranties
Neither Our Sites or their affiliates, represents, or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the service by Our Sites or any User, information provider, or any other person or entity. User acknowledges that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at User’s sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the website. The website and all downloadable software are distributed on an “as is” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, or non-infringement. User hereby acknowledges that use of the website is at User’s sole risk.
Disclaimer; No Warranties
The material on Our Sites could include technical inaccuracies or other errors. Your use and browsing of the website is at your risk. Neither Our Sites nor any other party involved in creating, producing, or delivering the website shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the website. Our Sites do not warrant the functional aspects of the website or network will be uninterrupted or error-free, or that Our Sites or the server that makes it available is free of viruses or other harmful components. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Our Sites reserves the right to make changes to Our Sites at any time without notice.
USE OF OUR SITES SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE, THE TERMS OF SERVICE, AND PRIVACY POLICY
In order to use Our Sites you must be legally capable to enter into agreements. You agree to transact with us and acknowledge your agreement to these terms electronically. By using the website, you agree to be bound by the terms and conditions set forth above as well as those in Our Sites’ Terms of Service and Privacy Policy, which are incorporated by reference.
Governing Law
Any disputes arising out of or related to these Terms of Service and/or any use by you of the Site or Services offered shall be governed by the laws of the United States, without regard to the conflicts of laws provisions therein. All actions, proceedings, or litigation relating hereto will be instituted and prosecuted solely within the State of Vermont, Chittenden County. The parties consent to the jurisdiction of the state courts of Vermont and the federal courts located within such state and county with respect to any action, dispute, or other matter pertaining to or arising out of Services offered.