Terms & Conditions
This agreement sets out the legally binding terms of your use of the web site located at www.ItsUSVI.com (hereinafter referred to as the “Site”) or any other web sites owned by TV Sales Pros LLC (hereinafter referred to as “TVSP”), and may be modified by TVSP from time to time, such modifications to be effective upon posting of the modified agreement. By accessing or using the Site, you agree that you have read and understand this agreement and all of its contents (hereinafter referred to as this “Agreement“), intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you will be subject to all of the terms and conditions set forth herein. You agree to review the Agreement periodically to be aware of any such modifications, additions, deletions or other changes, and your continued access and/or use of the Site shall be deemed your acceptance of the modified agreement.
1. Intellectual Property.
TVSP solely and exclusively owns all intellectual property and other rights, title and interest in and to the TVSP service and the Site, including, but not limited to, the TVSP name, logo(s), trademarks, Site content, and the look and feel of the Site and all marketing and other business materials, except as expressly provided for in this Agreement
2. Copyright.
All content located on the Site is the sole and exclusive property of TVSP and is protected by United States federal copyright laws. Use of the Site and the TVSP service is intended for your personal non-commercial use only. Unauthorized use of the content may violate copyright, trademark, patent, and/or other federal or foreign laws.
3. License.
TVSP grants you a limited revocable license to access and use the Site and the TVSP service for its intended purposes, subject to your compliance with this Agreement. This license does not include the right to collect or use information contained on the Site for purposes prohibited by TVSP, to compete with TVSP, create derivative works based on the content of the Site, or download or copy the Site (other than page caching). In addition, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer any content, information, documents, graphics, software, products and/or services found on the Site. If you use the Site or TVSP service in a manner that exceeds the scope of this license or breaches this Agreement, TVSP may revoke the license granted to you.
4. Use of Site.
By accessing and utilizing the Site, you agree that all text, graphics, codes, interactive features and/or other information and technology located on the Site will be used solely for informational and educational purposes only. Commercial or unauthorized use of any text, graphic, code, interactive feature and/or all other information and technology located on the Site is strictly prohibited. Any act or engagement of conduct prohibited by law or any action that violated federal, state and/or local laws is strictly prohibited, nor may any text, graphics, codes, interactive features and/or other information and technology located on the Site be used to perform any action that will injure or harm others, promote any unlawful activities or violate Internet standards. You hereby agree: a) to obey all applicable local, state, national and international laws and regulations in your use of the Site; b) to be solely responsible for the contents of your transmissions through the Site; c) to abide by all requirements, procedures, policies and regulations posted on the Site by TVSP; d) not to broadcast through the Site any unlawful, harassing, defamatory, libelous, bigoted, hateful, racially offensive, privacy invading, abusive, threatening, harmful, vulgar or otherwise objectionable material of any kind; and e) not to mine the Site’s data for any purpose whatsoever. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. TVSP will also comply with all court orders involving requests to release user information in any event of actual or attempted unauthorized use.
5. Use of Internet.
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. Please be advised that the confidentiality of any communication or material transmitted to and from a web site over the Internet cannot be guaranteed. Accordingly, TVSP is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site or the consequences of any reliance on such information. You assume sole and complete risk for using the Site and must make your own determination as to these matters.
6. User Information.
TVSP observes and collects information about the users of the Site, including, but not limited to, names, email addresses, zip codes, IP addresses, cookies and any other personally identifiable information. Collection and use of personal information is outlined and governed by the TVSP Privacy Policy.
7. Submissions.
Any submission, communication or content posted to the Site by any user shall be deemed non-confidential in nature, unless expressly stated on any particular page(s) on the Site that such page(s) will permit a submission or communication to be treated as confidential by TVSP. By posting a submission, communication or content on the Site, you permit TVSP a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, transfer, distribute, perform and display the submission, communication or content, in whole or in part, in any form or media outlet or to sublicense such rights. You are hereby liable and responsible for all submissions, communications and content that you post on the Site. The following types of submissions, communications and content are prohibited from posting to the Site: a) copyrighted content, unless you are the copyright owner or have the permission of the copyright owner to post such content; b) content which reveals trade secrets, unless you are the owner of such trade secrets or have the permission of the owner; c) content that infringes upon any intellectual property rights of others; d) content that exhibits obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing behavior; e) sexually explicit images; advertisements or solicitations of business products and/or services; f) chain letters or pyramid schemes; or g) impersonating others.
8. Third-Party Content.
TVSP may: a) use third parties to provide certain services accessible through the Site, b) publish content on the Site that is provided by other users, content suppliers or any other third party other than TVSP, or c) post advertisements and/or links to any third party web site on the Site or in any electronic mail communications. TVSP does not control any such third parties or their services, and you agree that TVSP will not be liable to you in any way for your use of such services or accessing of any third party site, nor does TVSP make any representation, guarantee, recommendation, warranty or endorsement relative to the accuracy, quality, reliability and/or completeness of any such third-party content. When accessing such third-party web sites, you agree to do so solely at your own risk. These third parties may have their own terms of use, terms of service, membership agreements, and/or privacy policies. You must comply with such terms and policies as well as this Agreement when you use these services. If any such terms or policies conflict with this Agreement or any TVSP policy, you must comply with this Agreement and TVSP policies, as applicable.
9. Software Downloads.
Any software that is made available to download from the Site is the proprietary and copyrighted work of TVSP and/or its third-party suppliers, and is protected by United States federal copyright laws. Use of the software is governed by the End User License Agreement(s), which accompanies or is included with the available software. By accessing, downloading or otherwise using such software, you agree to be legally bound by the terms and conditions set forth in the End User License Agreement(s). TVSP may cease offering the software for download on the Site at any time without notice. TVSP assumes no obligation with respect to supporting the Site or software, except as expressly set forth in the End User License Agreement(s).
10. Disclaimer of Warranties.
You expressly agree that use of the Site is at your sole risk. The Site is provided by TVSP on an “as is” and “as available” basis. TVSP expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. TVSP makes no warranties that the Site will meet your requirements and/or be uninterrupted, timely, secure or error-free, nor does TVSP make any warranty as to the accuracy or reliability of any information obtained and/or downloaded through the use of the Site or that defects in the system and software will be corrected. TVSP makes no warranty regarding any goods or services purchased or downloaded through the use of the Site or any third-party links or any information obtained or transactions entered into through the use of the Site. No advice or information, whether oral or written, obtained by you from TVSP shall create a warranty not expressly stated herein. Furthermore, TVSP makes no warranties concerning the suitability of the content contained on the Site for any purpose.
11. Disclaimer of Liability.
TVSP shall not be liable for any damages whatsoever, whether direct, indirect, punitive, incidental, special or consequential, arising out of or in any way connected to the use of the Site or with the delay or inability to use the Site, or for any information, products and services obtained through the Site, or otherwise arising out of the utilization of the Site, whether based in contract, tort, strict liability or otherwise, even if TVSP has been advised of the possibility of said damages. Furthermore, TVSP shall not be liable for any damages arising from the interruption, suspension or termination of the Site, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent or intentional.
12. Modifications.
TVSP reserves the right to modify and/or discontinue the Site, whether temporarily or permanently, with or without notice to the users, and TVSP shall not be liable to you or any third party for any such modification and/or discontinuance of the Site. TVSP further reserves the right to make revisions, modifications, additions, deletions or any such changes to this Agreement at its sole discretion, at any time, with or without notice to its users.
13. Indemnification.
You agree to indemnify and hold TVSP, subsidiaries, affiliates, officers, agents, representatives, successors, members, principals and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site or services set forth in this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, obligations and warranties set forth above. TVSP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of TVSP.
14. Severability.
If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provision(s) or part thereof shall be stricken from this Agreement, and such provision(s) shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.
15. Jurisdiction.
If there is any dispute about or involving the Site provided by TVSP, by using the Site, you agree that the dispute will be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You agree to personal jurisdiction by an arbitrator or mediator and the federal courts of the State of Colorado. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules (including the Emergency Interim Relief Procedures), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
16. Entire Agreement.
This Agreement represents the entire agreement between you and TVSP with respect to your use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TVSP with respect to your use of the Site.