Terms of Service
 
Terms of Service
 
1 Introduction
     1.1 These terms and conditions shall govern your use of our website.
     1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and            conditions or any part of these terms and conditions, you must not use our website.
     1.3 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of            cookies in accordance with the terms of our Privacy Policy.

2 Credit
     2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3 Copyright notice
     3.1 Copyright (c) 2017, Commerce Machine LLC
     3.2 Subject to the express provisions of these terms and conditions:
         (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website                and the material on our website; and
         (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4 License to use website
     4.1 You may:
          (a) view pages from our website in a web browser;
          (b) download pages from our website for caching in a web browser;
          (c) print pages from our website; and
          (d) stream audio and video files from our website;
          subject to the other provisions of these terms and conditions.
     4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not                    download any material from our website or save any such material to your computer.
     4.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our        website.
     4.4 Unless you own or control the relevant rights in the material, you must not:
          (a) republish material from our website (including republication on another website);
          (b) sell, rent or sub-license material from our website;  
          (c) show any material from our website in public;
          (d) exploit material from our website for a commercial purpose; or
          (e) redistribute material from our website.
     4.5 Notwithstanding Section 4.5, you may redistribute our email newsletter in print and electronic form to any person.
     4.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must          not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5 Acceptable use
     5.1 You must not:
          (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the             performance, availability or accessibility of the website;
          (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal,                 fraudulent or harmful purpose or activity;
          (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is                   linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer                         software;
          (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data             extraction and data harvesting) on or in relation to our website without our express written consent;
          (e) access or otherwise interact with our website using any robot, spider or other automated means, except for the                       purpose of search engine indexing;
          (f) violate the directives set out in the robots.txt file for our website; or
          (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS           marketing, telemarketing and direct mailing).
     5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
     5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true,                  accurate, current, complete and non-misleading.

6 Limited warranties
     6.1 We do not warrant or represent:
          (a) the completeness or accuracy of the information published on our website;
          (b) that the material on the website is up to date; or
          (c) that the website or any service on the website will remain available.
     6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any          time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms        and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any          website services, or if we stop publishing the website.
     6.3 To the maximum extent permitted by applicable law and subject to Section 6.1, we exclude all representations and                warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

7 Limitations and exclusions of liability
     7.1 Nothing in these terms and conditions will:
          (a) limit or exclude any liability for death or personal injury resulting from negligence;
          (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
          (c) limit any liabilities in any way that is not permitted under applicable law; or
          (d) exclude any liabilities that may not be excluded under applicable law.
     7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in these terms and conditions:
          (a) are subject to Section 7.1; and
          (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and                     conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to             the extent expressly provided otherwise in these terms and conditions.
     7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be      liable for any loss or damage of any nature.
     7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
     7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits,          income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
     7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
     7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
     7.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to          that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally              against our officers or employees in respect of any losses you suffer in connection with the website or these terms and                conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of          our officers and employees).

8 Breaches of these terms and conditions
     8.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any          way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
          (a) send you one or more formal warnings;
          (b) temporarily suspend your access to our website;
          (c) permanently prohibit you from accessing our website; or
          (d) commence legal action against you, whether for breach of contract or otherwise.
     8.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action        to circumvent such suspension or prohibition or blocking.

9 Variation
     9.1 We may revise these terms and conditions from time to time.
     9.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms          and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to,            revisions of these terms and conditions.
     9.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any        revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions            within such period as we may specify, we will disable or delete your account on the website, and you must stop using the            website.

10 Assignment
     10.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under        these terms and conditions.
     10.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights            and/or obligations under these terms and conditions.

11 Severability
     11.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful                and/or unenforceable, the other provisions will continue in effect.
     11.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it        were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

12 Third party rights
     12.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be              enforceable by any third party.
     12.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any      third party.

13 Entire agreement
     13.1 Subject to Section 7.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the               entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements             between you and us in relation to your use of our website.

14 Law and jurisdiction
     14.1 These terms and conditions shall be governed by and construed in accordance with the laws of the United States and          the state of California.
     14.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of the state of                  California.

15 Statutory and regulatory disclosures
     15.1 We are registered in the state of California as Commerce Machine LLC

16 Our details
     16.1 This website is owned and operated by Commerce Machine LLC
     16.2 Our principal place of business is at 3190 Airport Loop Drive, Suite J2, Costa Mesa, CA 92626.
     16.3 You can contact us:
          (a) by telephone, on the contact number published on our website from time to time; or
          (b) by chat, using the chat widget on our website.

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