Terms of Services Agreement and Acceptable Use
These eOdessa Terms of Service comprise a legal agreement
between YOU and eOdessa InterActive LLC and govern YOUR use of eOdessa Services.
BY PURCHASING OUR WEB HOSTING SERVICE YOU AGREE TO BE BOUND BY THE TERMS OF THESE
TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If YOU
do not agree to these Terms of do not purchase or use it.
The SERVICES are offered to YOU on the condition that YOU accept these Terms of
Service and any Additional Terms as may be published from time to time without modification.
YOU agree to familiarize yourself with, and to regularly review, the Terms of Service,
and any other terms and guidelines that may be published from time to time and abide
by them if YOU choose to use the SERVICES, or accept the products, services or benefits,
to which such terms apply. We reserves the right to change any of the Terms of Service
and any Additional Terms at anytime without notice. If we make a material change
to the Terms of Service, eOdessa will give YOU notice by email at the email address
which YOU use administrative email account for SERVICES account thirty days before
such change is scheduled to take effect. If YOU continue to use the SERVICES after
any such changes, YOUR continued use will constitute YOUR consent to such changes.
Any rights not expressly granted herein are reserved by eOdessa InterActive LLC
In addition, YOUR account information and other information about YOU is subject
to our Privacy Statement.
YOUR WARRANTIES
By subscribing to any service offered on the site, YOU make the following
representations and warranties. We shall have the right to terminate YOUR SERVICES
account, without notice at any time, if any representation warranty made by YOU
proves to be untrue in any respect.
YOU represent and warrant that:
YOU and all users of the SERVICES approved by YOU are at least eighteen (18) years
of age; YOU have the legal capacity and authority to;
(a) enter into binding contracts for the sale and purchase of goods and services,
(b) be bound by these Terms of Service and the Additional Terms,
(c) to subscribe to and use the SERVICES, including, where applicable, the buying,
selling and listing of items, in accordance with these Terms of Service and any
Additional Terms and
(d) if YOU are acting in a corporate capacity, to bind YOUR company; YOU will not
use the SERVICES for any purpose that is unlawful, or prohibited by these Terms
of Service or the Additional Terms (as may be modified from time to time); All information
supplied by YOU or by others using YOUR account is true and accurate, including
information submitted as part of the registration, account and billing process;
Any products or services advertised, sold or otherwise distributed by YOU on or
in connection with YOUR use of the SERVICES are legal for sale or distribution;
that YOU have all licenses necessary to sell or advertise the goods or services
offered for sale or distribution and that all sales and advertisements will be in
compliance with applicable law; and YOU have and control all of the intellectual
property, proprietary and similar rights necessary for all material used by YOU
in connection with YOUR use of the SERVICES, all submissions, and all products and
services sold or otherwise distributed by YOU or on YOUR behalf via the SERVICES
provided by eOdessa
LIMITATIONS ON YOUR USE OF THE SERVICES
The SERVICES are provided to assist YOU with the operation of YOUR business. YOUR
right to use the SERVICES is limited to YOU, and YOUR company and its employees.
YOU are solely responsible for YOUR content and YOUR use of the SERVICES and YOUR
SERVICES account. We are not responsible for loss or problem you might have using our service or products.
eOdessa reserves the right, but is not obligated, to monitor or to review materials
posted to Web Sites operated as a part of YOUR SERVICES and to monitor YOUR compliance
with these Terms of Service and the Additional Terms.
TERMS RELATED TO FEES, PRICING AND BILLING
FEES
Some products and services available through or in connection with SERVICES require
that YOU purchase a account or otherwise pay a fee. YOU are solely responsible for
all charges, fees, duties, taxes, and assessments arising out of any use of YOUR
SERVICES account by YOU or anyone else using YOUR account.
PRICING
Prices for all Products exclude all applicable taxes and telecommunication charges,
unless expressly stated otherwise. To the extent permissible by law, YOU agree to
be responsible for any applicable taxes and telecommunication charges, whether or
not such amounts are itemized on YOUR Online Statement or charged to YOUR Billing
Account or Payment Method.
The price on YOUR SERVICES Checkout page for products, services and items obtained
through the SERVICES (the "Products") reflects the most recent price displayed on
the item's product detail page. Please note that this price may differ from the
price shown for the Product when YOU first placed it in SERVICES Checkout (e.g.
YOU place an item in the SERVICES checkout, but YOU waited several days before submitting
the order and the price changed between placing the item in SERVICES checkout and
submitting the order). We cannot confirm the price of a Product until YOU submit
YOUR order; however, we do NOT charge YOUR Billing Account until YOUR order completes
the SERVICES Checkout process. Despite our best efforts, a small number of Product
items may be mis-priced or the offer has expired and the following will apply:
1. If a Product's correct price is lower than our stated price, we charge YOU the
lower amount.
2 If a Product's correct price is higher than our stated price, we will, at our
discretion, either contact YOU for instructions or cancel YOUR order and notify
YOU of such cancellation.
BILLING
CHARGES ON YOUR BILLING ACCOUNT
eOdessa bills YOU through an online account (YOUR "Billing Account") for Products.
YOU agree to pay eOdessa all charges at the prices then in effect for any Products
ordered by YOU or other persons (including YOUR agents) using YOUR Billing Account.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT
IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION
TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN
BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST
PROMPTLY NOTIFY EODESSA IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT)
OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED
DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE EODESSA
ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT EODESSA MAY CONTINUE CHARGING YOU
FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR
ACCOUNT FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST).
Currency exchange settlements will be based on YOUR Payment Method and may be determined
by agreements between YOU and the financial institution, credit card issuer or other
provider of YOUR chosen Payment Method (the "Payment Method Provider").
DEFAULT
If eOdessa does not receive payment for any charge to YOUR Billing Account, YOU
will be in default and eOdessa may suspend or cancel YOUR Billing Account and YOUR
access to any or all eOdessa Products.
LINKS TO THIRD PARTY SITES
Links within the SERVICES may let YOU leave the SERVICES. YOU acknowledge that the
linked sites are not under the control of eOdessa.
LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or
available through the SERVICES may not be complete, and may include inaccuracies
or errors, and may also be modified, discontinued or deleted from time to time without
notice. Advice, information, products, services or other materials received via
the SERVICES should not be relied upon for personal, medical, legal, business, financial
or other decisions and is not intended to replace the advice of appropriate and
qualified professionals. YOU acknowledge that YOU should consult an appropriate
professional for specific advice tailored to YOUR situation.
eOdessa is not liable for YOUR actions with YOUR CUSTOMERS or vendors, or the use
of their information, or for any other actions arising from YOUR use, or the use
of other parties to whom YOU have given access to YOUR SERVICES information, through
the use of the SERVICES.