Socraticduck.com Terms
of Use
Terms and Conditions
Disclaimer
Your use of and
browsing in the Site are at your risk. Neither the Site nor any other party
involved in creating, producing, or delivering the Site is liable for any
direct, incidental, consequential, indirect, or punitive damages arising out of
your access to, or use of, the Site. Without limiting the foregoing, everything
on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE
SITE SHALL NOT BE LIABLE FOR THE CONTENTS OF ANY WEB SITES OR PAGES, NOR FOR
ANY LOSS, COSTS, DAMAGE OF EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES)
INCURRED BY CLIENT INCLUDING, WITHOUT LIMITATION, FOR ANY TECHNICAL
MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA OR OTHER INJURY DAMAGE OR
DISRUPTION TO CLIENT. IN NO EVENT SHALL THE SITE'S LIABILITY EVER EXCEED THE
TOTAL AMOUNT PAID TO THE SITE BY CLIENT HEREUNDER. IN NO EVENT SHALL THE SITE
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH DAMAGES ARE
FORESEEABLE AND WHETHER OR NOT THE SITE HAS BEEN ADVISED OF THE POSSIBILITY
THEREOF. THE SITE WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR
IN DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE
PARTIES, A DELAY IN SUBMITTING A BID BY YOU, OR IF ITS SITE BECOMES INOPERABLE OR INCAPABLE OF
PERFORMING AS INTENDED. THE SITE MAKES NO REPRESENTATIONS THAT THE OPERATION OF
ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE
CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Please note that some
jurisdictions may not allow the exclusion of implied warranties, so some of the
above exclusions may not apply to you. Check your local laws for any
restrictions or limitations regarding the exclusion of implied warranties. The
Site also assumes no responsibility, and shall not be liable for, any damages
to, or viruses that may infect, your computer equipment or other property on
account of your access to, use of, or browsing in the Site or your downloading
of any materials, data, text, images, video, or audio from the Site.
While
the Site uses reasonable efforts to include accurate and up to date information
in the Site, the Site makes no warranties or representations as to its
accuracy. The Site assumes no liability or responsibility for any errors or
omissions in the content of the Site. The Site also has not reviewed all of the
content within and any external sites linked to the Site and
is not responsible for the content of any on-site and off-site pages or
any other sites linked to the Site. Your visits to the Site
and any other off-site pages or other sites is at your own risk.
Any
information on the Site may not be construed as professional or business advice
and the Site is not responsible for the information and the accuracy of the
information provided on the Site. The Site does not explicitly recommend hiring
of any consultant/consulting service of an advertiser, or the purchase of any
products advertised on the website. Although the Site may from time to time
monitor or review discussions, chats, postings, transmissions, bulletin boards,
and the like on the Site, the Site is under no obligation to do so and assumes
no responsibility or liability arising from the content of any such locations
nor for any error, defamation, libel, slander, omission, falsehood, obscenity,
pornography, profanity, danger, or inaccuracy contained in any information
within such locations on the Site. You are prohibited from posting or
transmitting any unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material or any material
that could constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law. The Site
will fully cooperate with any law enforcement authorities or court order
requesting or directing the Site to disclose the identity of anyone posting any
such information or materials.
Indemnity
Intellectual
Property
Any
information you post on the Site, any communication or material you transmit to
the Site by electronic mail or otherwise, including any data, advertisements,
listings, questions, comments, suggestions, or the like is, and will be treated
as, non-confidential and non-proprietary. Anything you transmit or post may be
used by the Site or its affiliates for any purpose, including, but not limited
to, reproduction, disclosure, transmission, publication, broadcast and posting.
Furthermore, the Site is free to use any information, ideas, concepts,
know-how, or techniques contained in any communication you send to the Site for
any purpose whatsoever including, but not limited to, developing, manufacturing
and marketing products or services using such information.
The
trademarks, logos, and service marks (collectively the "Trademarks")
displayed on the Site, are registered and unregistered Trademarks of the Site
and others. Nothing contained on the Site should be construed as granting, by
implication, estoppel, or otherwise, any license or
right to use any Trademark displayed on the Site without the written permission
of the Site or such third party that may own the Trademarks displayed on the
Site. Your misuse of the Trademarks displayed on the Site, or any other content
on the Site, except as provided in these Terms and Conditions, is strictly
prohibited. You are also advised that the Site will aggressively enforce its
intellectual property rights to the fullest extent of the law, including the
seeking of criminal prosecution.
Advertising
and Listing Services
Advertisment and listing services
provided by the Site are provided "As Is". All advertisement
listings, descriptions and information are subject to the Site's approval. The Site reserves the right to reject, cancel
or remove any advertisement listings at any time for any reason whatsoever. The
Site in no way is responsible for the information and the accuracy of the
information in advertisement listings. You are responsible for the information
posted on the site and You are responsible for
monitoring and managing Your own advertisement listing. You agree not to submit
any descriptions, contact information or other information contained in the
advertisement listing or in the payment transaction that does not belong to you
including any trademarks and copyrights or proprietary information. If you are
a representative or an agent, You agree that You have
received necessary permission and authorization from the person or the business
entity who has authorized you to list their advertisement and/or to make a
payment for their advertisement listing on their behalf. You also agree that
all information provided to the Site or posted on the Site is accurate and is
in no way misleading or is a misrepresentation. It is Your
full responsibility to monitor and update this information. The Site reserves
the right to accept or reject any advertisement listings without any specific
explanation. The Site reserves the right to modify, change, reject, delete, or
update any advertisement listing or information provided. The Site may
distribute the information, content in the advertisement listing or post
advertisement listings on other websites, including affiliate and partner
websites. Any users and visitors to the Site may use the contact form or the
email link on your advertisement listing to contact You
in order to request for additional information regarding your advertisement listing.
The Site does not monitor such emails or the legitimacy of any contact emails
or the information within the emails and all contact emails and leads generated
from Your advertisement listings are forwarded
directly to Your email address. You agree that the Site is not responsible for
any emails or the content within those emails, if you find them to be unrelated
to your advertisement or those You may consider as
unsolicited emails or spam.
The
advertisement listing fee schedule and subscription terms will be provided to
You during the advertisment listing submission
process and the Site reserves the right to increase prices for any of its
listing services, membership services, or other products at any time with or
without notice. You agree that any payment made towards advertising and listing
services is not a promise or a guarantee by the Site of the results and the
results may vary based on the type of advertisement listing, service, business,
location and other related factors. You agree that You
are the owner of the credit card or a bank account you are using to pay for the
advertisement listing or that you have been authorized by the owner of the
credit card or the bank account holder to pay for the advertisement listing You
are posting on the Site. You agree that once you list your advertisement and
pay for the subscription by a credit card or by a echeck, the subscription will continue each month and that
the Site is authorized to charge your credit card to bill you each month until
the subscription is cancelled. Any monthly payment or subscription services
must be cancelled prior to the upcoming billing date, by calling the phone
number provided during the payment transaction and the phone number that
appears in Your credit card statement, next to your
transaction. Since e-mail services are not reliable, the Site does not
recommend and nor is responsible for transactions cancelled by email and we
recommend that You request an email response from the
Site or call the Site by phone in order to confirm the cancellation your
listing. The fees paid for the first month and for the monthly subscriptions
thereafter are non-refundable, regardless of whether the subscription is
terminated prior to the end of the month or prior to the upcoming billing date.
Partial month refunds will not be provided under any circumstances for
transactions cancelled once the subscription period starts. Declined credit
card authorizations, retracted payments or bad payments may be subject to a
service fee that will be determined by the Site. The Site may utilize a third
party collection service for recovery services on fradulant
and retracted payment transactions and may report to related credit card
agencies as necessary.
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