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AmerJa's User Agreement and Privacy Policy

AmerJa's User Agreement and Privacy Policy

THE FOLLOWING DESCRIBES THE TERMS ON WHICH AmerJa OFFERS YOU ACCESS TO OUR SERVICES. 

Welcome to the user agreement (the "Agreement" or "User Agreement") for AmerJa.  This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.AmerJa.com (the "Site") (including half.AmerJa.com) and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of AmerJa. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a AmerJa user. Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of other AmerJa websites will be governed by the User Agreement and Privacy Policy posted on those websites.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site.

Membership Eligibility AND AGREEMENT.

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended AmerJa members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your AmerJa account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
You agree as a condition of use and membership that AmerJa may contact you for the purpose of informing you of changes to this Agreement or describing new AmerJa Services available on the Site.

 DISPUTES

AmerJa has no responsibility to resolve disputes between users and visitors regarding posted ads using the AmerJa's Services, or otherwise. We recommend that you contact the other Member through the "Contact" links available through your Account's main page to resolve disputes. You further agree to notify AmerJa of any activity on the Site that you believe may be deceptive, fraudulent or misleading. DISCLOSURE OF

PERSONALLY IDENTIFIABLE INFORMATION

AmerJa will transmit certain information about a Buyer to the Seller, and about the Seller to a Buyer, upon the Buyer's commitment to purchase the Seller's listed item through the AmerJa's Service. You agree that you will not use or disclose to any other person or entity any part of another Member's personal information that was disclosed to you by AmerJa for any purpose not expressly and directly related to such transaction. Furthermore, you acknowledge and accept the risk that other Members may misuse your personal information provided to them by AmerJa, and you acknowledge and agree that AmerJa is not in any way responsible or liable for any resulting loss, harm, injury or damage which may result from such.

LEGAL COMPLIANCE

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the any of the Services available on the Site. You are responsible for all the activity that takes place within your Member Account, even if such activities can be demonstrated to have been performed by another person or entity. You should never share the information required to access your Member Account with anyone or allow others to use your Member Account.
You agree that AmerJa is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold AmerJa, its subsidiaries, affiliates, co-brand partners and other partners, and their respective officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by AmerJa that arise out of any third party or governmental claim that involves, relates to, or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of AmerJa as a reseller of goods.

You agree as a Member that AmerJa shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services.

TERMINATION

Either party may terminate the Agreement at any time. Upon termination or expiration of this Agreement for any reason, all obligations or liabilities of any Member under this Agreement, as well as under the Terms of Use and Privacy Statement, shall survive to the maximum extent permissible under applicable laws, including without limitation: all accrued payment obligations, amounts owed for Services, liability related to the use or misuse of AmerJa content, and indemnification obligations as set forth in this Agreement. You authorize AmerJa to keep a record of any information related to your Member Account even in the event of termination. You explicitly authorize AmerJa to maintain a record of any credit card you had used in connection with your Member Account even in the event of termination.
To terminate your Member Account, you must send termination request through contact form stating that you want to terminate your account. Upon termination of your Member Account, you will still be obligated to pay any fees (or other amounts) owing to AmerJa.

AmerJa may terminate your Member Account by sending you notification to your e-mail address and/or by simply suspending access to your Account. If your Member Account or other privileges are terminated by AmerJa or by you, you may be considered for reinstatement, at AmerJa's sole discretion.

 

USING AmerJa

By contributing or submitting any content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner, and you grant AmerJa a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of AmerJa, its agents, subsidiaries, affiliates, Licensors, co-brand partners or other partners and their respective directors, officers, employees, agents and representatives. AmerJa reserves the right to change, condense or delete any content on the Site that AmerJa deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

You agree that you shall not perform, post or provide any information to/for the Sites:

  • that is known by you to be false, inaccurate or misleading;
  • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy);
  • that is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • that includes any information that references other web sites, addresses, email addresses, contact information, phone numbers or other personal information such as credit card numbers; or
  • that contains any computer viruses, worms or other damaging or potentially damaging computer programs or files.
  • interfere with the way AmerJa properly functions or administer an unreasonable load on our system;

In contributing or submitting any content to the Site, you agree not to use a false or misleading email address, impersonate any person or entity, or otherwise provide any misleading information as to the origin of any content that you submit.

You agree that you that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any sales being conducted through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on AmerJa's computer systems or communications infrastructure. You agree that you will not use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without AmerJa's prior written consent.

CONTENT

AmerJa provides a number of different services to assist you in comparison shopping for products and services on the Site. AmerJa does not sell, resell or license any of the products listed on the Site, nor is AmerJa acting as an agent of sale, and AmerJa disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any product should be directed to the appropriate merchant or seller.

AmerJa does not warrant that posted ad descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by AmerJa of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. AmerJa assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, or user product rating) or other content on the Site.


INDEMNITY

You agree to defend, indemnify and hold AmerJa, its subsidiaries, affiliates, co-brand partners or other partners, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site or your breach of the Terms of Use and Privacy Statement and/or Member Agreement. AmerJa shall provide notice to you promptly of any such claim, suit or proceeding.

GOVERNING LAW

This Agreement shall be governed in all respects by the laws of the Province of Ontario as such laws are applied to agreements entered into and to be performed entirely within Ontario between Ontario residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by AmerJa.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. stated above (Fees and Services) with respect to fees owed for our services shall survive any termination or expiration of this Agreement. 

IP OWNERSHIP AND COPYRIGHT INFRINGEMENT

AmerJa disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). AmerJa will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include AmerJa removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to AmerJa regarding matters other than informing AmerJa that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.

Written notification must be submitted through the contact form.

INFRINGEMENT NOTIFICATION

To be effective, your infringement notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
3. Identification of the material (i.e., the Third Party Content) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AmerJa to locate the material;
4. Information reasonably sufficient to permit AmerJa to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement, as follows: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and
6. A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

1. AmerJa shall remove or disable access to the Third Party Content that is alleged to be infringing;
2. AmerJa shall forward the written notification to the alleged infringer (the "Subscriber");
3. AmerJa shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.

COUNTER NOTIFICATION

To be effective, a Counter Notification must be a written communication provided to AmerJa's Designated Agent that includes substantially the following:

1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement, as follows: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled";
4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which AmerJa may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and AmerJa will comply with this requirement within a reasonable time (or as otherwise required by law), provided AmerJa's Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on AmerJa's network or system.

GENERAL

If any provision of these Terms of Use and Privacy Statement or the Member Agreement is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Statement and the Member Agreement and all agreements and notices incorporated herein may be automatically assigned by AmerJa, in our sole discretion, to a third party. You may not assign your obligations to any other entity.

 

PRIVACY POLICY

At AmerJa ("AmerJa") we want you to know exactly how and when we collect and use information that can specifically identify you, such as your name, mailing address, phone number, and email address ("personal information").

We do not require that you provide, nor do we collect, any personal information if you are just browsing the Site. We may offer on the Site non-transactional and transaction based services ("Service(s)") in which, subject to applicable terms and availability, you may participate (e.g., submitting posts reviews or becoming a Member to browse or post ads through our Service). In order to provide you with the Services you request, AmerJa may require that you first provide certain personal information, which we determine is reasonably necessary in order for us to fulfill your request. If you indicate an interest in participating in a Service, we will identify what specific personal information you must provide prior to collecting such information. Any personal information which we collect from you will only be used for the purposes identified in this Privacy Statement, the AmerJa Terms of Use and your applicable Member Agreement with AmerJa, and as may otherwise be indicated at the time the information is collected.

AmerJa will not disclose your personal information to any third party unless: 1) it is necessary in order to provide you with a particular Service you have requested; 2) it is required of AmerJa in order to comply with a legal process in any applicable jurisdiction (e.g., court order, subpoena, search warrant, law enforcement request); 3) AmerJa determines, in its sole discretion, that disclosure is necessary to protect the rights, property, and safety of AmerJa, its subsidiaries, affiliates, co-brand partners or other parties under contract with AmerJa, our users, or others; or 4) you have provided such data through a partner's private-level shopping web site hosted by AmerJa, in which case AmerJa may provide your personal data to that partner (AmerJa is not responsible for its partners' privacy policies or their use, storage and processing of data collected on their web sites). In addition, AmerJa may transmit information to a poster/merchant, such as an invoice number, which may permit the poster/merchant to deduce the identity of a user/reviewer in the event that a poster/merchant disputes a user review on the grounds that a transaction never took place between the user and the poster/merchant and/or an order was never made by the user in each case for the applicable product(s)/service(s).

In certain instances, AmerJa may request that you provide secondary information (e.g., demographic information), which we may use, for example, to learn more about our customers and to develop and improve our services. Any requests for secondary information will be marked "optional" (or its equivalent). We may compile your personal information with that collected from other customers to create aggregate data. Aggregate data is information about groups of customers and, once compiled, will in no way identify you as an individual. We may disclose aggregate data to our business affiliates, advertisers, and other parties.

Our web servers collect from Site visitors statistical information regarding what pages are visited, the date and time of the visits, how long it took a user to download a page, and the TCP/IP address of the user. These automated server functions do not collect this information in a manner intended to identify your individual use of the Site, nor do we use this information for any such purpose. This information is collected to assist us in maintaining a high quality site, as well as providing necessary traffic information to our advertisers. This information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see.

The Site contains cookie technology, which collects non-personal information about you which is used to customize the Site for your future use.

The Site contains links to web sites of third parties. AmerJa is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. AmerJa adheres to industry recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering. However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Site may misuse or abuse your personal information that they may collect from the Site.

Copyrights and Trademarks

Content, graphics, format, design, the user interface and other copyrighted material on the Site (collectively, "materials") are protected by copyright law and other intellectual property laws, and are owned by AmerJa and/or its licensors (as the case may be). The materials from the Site are only available for informational and non-commercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and AmerJa has, in its sole discretion, given its prior written approval to such use of the Site's materials. Any requests to re-use the Site's materials should be sent through the contact form.

Copyright 2014 AmerJa. All rights reserved.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY AmerJa ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AmerJa MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AmerJa SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. AmerJa DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF AmerJa'S CONTROL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AmerJa DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AmerJa MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM AmerJa ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AmerJa WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.

CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH AmerJa'S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

 



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