Last updated: December 17, 2007
NOTICE: PLEASE READ THE FOLLOWING CAREFULLY BEFORE
USING THE SITE OR OTHERWISE ACCESSING ANY OF THE CONTENT OR SERVICES AVAILABLE
THROUGH THE SITE. BY USING THE SITE, YOU ACCEPT THE FOLLOWING TERMS AND
CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE
SITE OR OTHERWISE ACCESS ANY OF THE CONTENT OR SERVICES AVAILABLE THROUGH THE
SITE.
The TREBStore.com site (the
"Site") and all associated content and services accessible through
the Site are provided by Network Communications, Inc. ("NCI"). Please note the following: (i) because NCI
may update these terms and conditions at any time without notice to you, you
should review these terms and conditions from time to time (the most current
version of these terms and conditions can be reviewed by clicking on the
"Terms of Use" hypertext
link located at the bottom of the SiteÕs pages) and (ii) these terms and
conditions include any other operating rules or policies that may be published
on the Site by NCI (collectively, the ÒTOUÓ).
1. Copyright: All content included on the Site
(including text, graphics, logos, button icons, images, data compilations, and
software) ("Content") is the property of NCI (and as applicable, its
licensors). All Content is protected by United States and international
copyright laws and other intellectual property laws, and any rights not
expressly granted herein are reserved to NCI.
2. Our Service: NCI provides the service of
composing, printing, and mailing direct mail marketing materials as well as
providing list and other information and materials to assist you in your
marketing efforts (the ÒServicesÓ). The Services are available through the Site
and NCI authorizes you to use the Site and to access the Services; provided you
comply with the TOU. If you breach any of the terms of the TOU, your
authorization to use the Site and the Services automatically terminates and you
must immediately destroy any of the Content you have downloaded or otherwise
obtained. Please note that in providing the Services, NCI neither makes any
representation or guarantee as to the results you will achieve from using the
Services nor does it act as an agent, partner, joint venturer, or in any other
capacity on your behalf or on behalf of the United States Postal Service
(ÒUSPSÓ). Delivery time averages eight (8) to fourteen (14) business days,
however NCI makes no guarantees in this respect. All issues related to delivery
of mail are matters solely between the USPS and yourself.
3. User Conduct: You are solely responsible for the
content and context of all items and materials you compose or otherwise
distribute in using the Services. You warrant and agree that, while accessing
the Site or any Content and during or as a result of using any Service, you
shall not:
A. harass, threaten, embarrass, or
cause distress or discomfort upon another party;
B. transmit or otherwise distribute any information, data, text, files, links,
software, messages, communications, or other materials that may be considered
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, hateful, or racially, ethnically, or otherwise objectionable;
C. impersonate any other person or
entity or misrepresent your affiliation with any other person or entity;
D. violate any applicable laws,
rules, or regulations or otherwise use the Services in any manner that violates
any applicable laws, rules, or regulations (including laws, rules, and
regulations relating to unsolicited messages or calls and U.S. export
requirements);
E. upload, publish, transmit,
reproduce, or distribute in any way information, software, or other material
that is protected by copyright or other intellectual property rights, without
first obtaining proper permission; and
F. upload, publish, transmit, reproduce, or distribute any
unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane,
threatening, abusive, or otherwise objectionable information of any kind (including
any transmissions constituting or encouraging conduct that would constitute
illegal activity, give rise to civil liability, or otherwise violate any local,
state, national or foreign law, rule, or regulation).
4. Refusal of Service: You understand that NCI has no
obligation to monitor your use of the Services and the materials you develop
with the Services. NCI does, however, reserves the right to review the same and
to remove (and/or suspend the Services with respect to) any materials that NCI
believes (in its sole discretion) are illegal or otherwise improper. NCI also
reserves the right, in its sole discretion, to require proof that you are
authorized to distribute the content developed with the Services.
5. Use of Software: All software is made available for
you to use solely in accordance with the TOU. You may not reproduce, modify,
distribute, or otherwise make available the software to any third party.
Further, you may not use the software in a service bureau or other similar
manner for the benefit of any third party. Any use of the software not in
accordance with the TOU is expressly prohibited by law, and may result in
severe civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible. Any software which is downloaded or otherwise accessed
on the Site for or on behalf of the United States of America, its agencies
and/or instrumentalities ("U.S. Government"), is provided with
Restricted Rights. Use, duplication, or disclosure by the U.S. Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is NCI, Inc., 3205
Newpoint Parkway, Lawrenceville, GA 30046. Without limiting the foregoing,
copying or reproduction of the software to any other server or location for
further use, reproduction, or redistribution is expressly prohibited.
6. Disclaimers; Liability: Although NCI believes that the Site,
the Content, and the Services are reliable and fully available, NCI makes no
guarantees with respect to any of the foregoing. Consequently, THE SITE, THE SOFTWARE, AND ALL OTHER
CONTENT AND SERVICES ARE PROVIDED ÒAS ISÓ AND NCI HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, THE SOFTWARE, AND ALL OTHER
CONTENT AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY (WHETHER EXPRESS, IMPLIED, OR STATUTORY), FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FURTHER, NCI DOES NOT WARRANT,
GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF
THE USE OF THE SITE OR THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SITE,
THE SERVICES, OR ANY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. NCI
EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. To
the maximum extent permitted by applicable law, in no event shall NCI
(including its directors, officers, employees, and agents) be liable for any
damages (including any special, direct, indirect, incidental, exemplary, or
consequential damages, expenses, lost profits, lost savings, business
interruption, lost business information, or any other damages arising out of
the use or inability to use the Site, the Services, or any of the software)
even if NCI has been advised of the possibility of such damages. You
acknowledge that the applicable fees and prices reflect this allocation of
risk. Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above
limitation may not apply. If the foregoing limitation of liability is not
enforceable for any reason, then in no event shall NCIÕs liability to you for
any matter arising under or relating to your use of the Site, the Content, or
the Services exceed the total amount you paid to NCI with respect to the
particular Services giving rise to the claim.
7. National Do Not Call Registry: With respect to any Services
relating to the provision of phone number lists for telemarketing purposes, you
acknowledge and agree that: (i) although, NCI makes reasonable efforts to
validate its telemarketing data (including comparing the same against the National Do Not Call Registry on
a quarterly basis), you are solely responsible for confirming and validating
all numbers against applicable ÒDo Not CallÓ registries before using the same
and (ii) you are solely responsible for complying in all respects with all
applicable federal and state telemarketing laws, rules, and regulations.
Consequently, you are strongly encouraged to register with the National Do Not Call
Registry for the purpose of personally verifying list compliance.
8. Modifications to Site: NCI reserves the right, for any
reason, at its sole discretion, and without notice to (i) terminate, change,
suspend or discontinue any aspect of the Services, the Content, and the Site
(including features and hours of availability) and (ii) impose limits on
certain features of the Site or restrict your access to part or all of the
Site.
9. User Information: As part of your use of the Site, you
may provide certain information to NCI or other users of the Site. Except for
applicable credit card and related information, any information or material you
transmit to the Site or otherwise provide to NCI is considered non-confidential
and non-proprietary and NCI has no obligations of confidentiality with respect
to the same. You agree that the party receiving that information can rely upon
and use such information in any manner. You acknowledge and agree that you are
solely responsible for the accuracy and content of all information provided by
you. For more information on NCIÕs information use policy, please read our Privacy Policy.
10. Links to Other Sites: Links to third party web sites on the
Site are provided solely as a convenience to you. If you use these links, you
will leave the Site. NCI does not control and is not responsible for any of
these third party sites or their content. Thus, NCI does not endorse or make
any representations about them, any information, software, or other products or
materials found there, or any results that may be obtained from using them. If
you decide to access any of the third party sites linked to the Site, you do so
entirely at your own risk.
11. Billing: If any of the Services requires you
to open an account, you must complete the registration process by providing us
with current, complete, and accurate information as prompted by the applicable
registration form. You also will choose a password and a user name. You are
entirely responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities
that occur under your account. You agree to notify us immediately of any
unauthorized use of your account or any other breach of security. We will not
be liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. However, you
could be held liable for losses incurred by NCI or another party due to someone
else using your account or password. You may not use anyone else's account at
any time, without the permission of the account holder. Orders are billed
according to arrangements determined by your enrollment and/or company mailing
program. Your credit card will be billed for any charges that are your
responsibility. NCI makes every effort to ensure accurate pricing, but pricing
errors may occur. By submitting an enrollment or order you agree to pay the
price in effect for the applicable Service you are ordering. For pricing
questions please contact us within 60 days of the applicable enrollment or
order placement. Please review your order information carefully before placing
your order. Once placed, orders cannot be changed or cancelled.
12. Indemnification: You shall indemnify, defend, and
hold NCI, its officers, directors, employees, and agents harmless from and
against any and all claims, losses, damages, liabilities, judgments, and fees
and expenses related thereto (including attorneys' fees), arising out of, based
upon, or resulting from, any breach or violation by you of the TOU or any use
by you of the Site or the Services. NCI reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you. In no event, however, shall you settle or otherwise
dispose of any such matter without the prior written consent of NCI.
13. Site Administration: NCI administers the Site from its
offices in Lawrenceville, GA. NCI makes no representation that the Site, the
Content, or any Services are appropriate or available for use outside the
United States, and access to them from territories where their contents are
illegal is prohibited. You may not use or export or re-export the materials at
the Site or any copy or adaptation in violation of any applicable laws or
regulations (including U.S. export laws and regulations). If you choose to
access the Site from outside the United States, you do so on your own
initiative and are responsible for compliance with applicable local laws.
14. General Provisions: The TOU comprises the entire
agreement between you and NCI and supersedes all prior agreements between the
parties, regarding the subject matter contained herein. If you become dissatisfied
with the Site, the Content, or the Services in any way, your sole recourse is
to immediately discontinue use of the same. If any provision of the TOU is held
by a court of competent jurisdiction to be invalid or unenforceable, then such
provision shall be enforced to the maximum extent permissible so as to effect
the intent of such provision and the remainder of the TOU shall continue in
full force and effect. The failure by NCI to exercise or enforce any rights or
provisions of the TOU shall not constitute a waiver of such right or provision.
You agree that any cause of action arising out of, or related to, the Site, the
Content, or any Services must commence within one (1) year after the cause of
action arose; otherwise, such cause of action is permanently barred. The TOU
will be governed by and construed in accordance with the laws of the State of
Georgia, without giving effect to any principles of conflicts of laws, all
matters arising hereunder shall be exclusively venued in Atlanta, Georgia, and
you agree to the exclusive jurisdiction of the state and federal courts located
in Atlanta, Georgia. All provisions in the TOU regarding representations and
warranties, indemnification, disclaimers, and limitations on liability shall
survive any termination of the TOU or your use of the Site, the Content, or the
Services. Where the context so indicates, a word in the singular form shall
include the plural, a word in the masculine form the feminine, and
vice-versa. The term
"include" and similar terms (e.g., includes, including, included,
comprises, comprising, such as, e.g., for example), when used as part of a
phrase including one or more specific items, are used by way of example and not
of limitation.
15. More Information: For more information please contact:
Network Communications, Inc..
3205 Newpoint Parkway
Lawrenceville, GA 30046
Voice: (770) 962-7220
Fax: (770) 822-4313
E-mail: Info@NCI.com
Web: www.NCI.com