NETemporium Privacy and User Agreement

1. Privacy
   We do not sell or rent your personal information to third parties for their purposes without your explicit consent and we use your information only as required for proper authentication and use of the services provided by this site. We view protection of users’ privacy as a very important commitment. We understand that the protection of your personal information is very important to you and, accordingly, your information, including specifically your credit card information, will be stored and processed only on equipment and computers in the United States and protected by all reasonable physical and technological security devices, including encryption software and firewalls. Any third parties that are used in connection with the provision of services to our users are required to undertake a written commitment to uphold and abide by the same commitment to your privacy. We also may disclose customer information if required or permitted to do so by law or in the good-faith belief that such action is necessary to (a) comply with legal process served on AGORAjunction or otherwise comply with the law; (b) protect and defend the rights or property of AGORAjunction or of a customer, (c) to investigate, prevent, or take action regarding illegal activities or suspected fraud, or (d) act under exigent circumstances to protect the personal safety of our employees, customers, or the public. Finally, AGORAjunction may disclose and transfer customer information to a buyer or transferee of all or a portion of its assets in conjunction with the sale or transfer of such assets.



2. No Guarantee
   AGORAJUNCTION, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR REPRESENTATIVES DO NOT GUARANTEE THE AVAILABILITY OF THE PRODUCTS DESCRIBED ON THIS SITE, NOR ARE SUCH PRODUCTS ENDORSED OR OTHERWISE GUARANTEED BY AGORAJUNCTION TO APPEAR OR FUNCTION AS VIEWED OR DESCRIBED ON THIS WEBSITE. AGORAjunction, our subsidiaries, officers, directors, employees and our representatives do not guarantee the content of this website, for filling orders, or for shipping products ordered. The merchant and/or manufacturer manufacturing or selling the product are responsible for the content of this website and the products sold herein.



3. Pricing or Typographical Errors While AGORAjunction and the Merchant strive to provide accurate product and pricing information, pricing or typographical errors may occur. The merchant cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, the Merchant shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, the Merchant may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.



4. Customer Service AGORAjunction, our subsidiaries, officers, directors, employees and our representatives are not responsible for providing direct customer service to users of the Site. All questions or problems related to this Site, of or relating in any way to this Site and its function, shall be directed to the Merchant whose products and business appears on this Site.



5. Verification of Accounts
   AGORAjunction, our subsidiaries, officers, directors, employees and our representatives are not responsible for verifying the accuracy or validity of credit cards, bank accounts, or other means of payment selected by the user of this Site. Verification shall be the responsibility of the Merchant and/or other third party entities retained specifically to perform that function.



6. Disclaimer
   THIS SITE IS PROVIDED BY AGORAJUNCTION ON AN "AS IS" AND "AS AVAILABLE" BASIS. AGORAJUNCTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AGORAJUNCTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AGORAJUNCTION DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.



7. Liability Limit
   UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL AGORAJUNCTION OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AGORAJUNCTION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.



8. System Unavailability
   AGORAjunction shall not be liable, for any reason and in any amount, for losses, damages, or claims resulting from the unavailability of this system for any reason whatsoever, including but not limited to routine and emergency maintenance, software and/or hardware failure, and the negligence of AGORAjunction.



9. Use of This Site
   This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this site is the property of AGORAjunction, the merchant, or its suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.



10. Copyrights and Trademarks
    Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by AGORAjunction, one of its affiliates or by third parties who have licensed their materials to AGORAjunction and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of AGORAjunction and is also protected by U.S. and international copyright laws. AGORAjunction the merchant and the licensors of the products and materials contained herein expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of AGORAjunction’s or any third party's intellectual property rights.
    
    References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply AGORAjunction’s endorsement, sponsorship or recommendation of the third party, information, product or service. AGORAjunction is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.



11. Security
    AGORAjunction takes all reasonable steps to protect users’ information, but does not guarantee that the data, including credit card information, will be completely secure from misappropriation by hackers or from other nefarious or criminal activities. Users’ information is disclosed to our employees and agents only on a need-to-know basis. Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. AGORAjunction and/or the merchant will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site.



12. Indemnity
    You agree to indemnify and hold AGORAjunction and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site or by your breach of this Agreement or your violation of any law or the rights of a third party.



13. Legal Compliance
    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your purchase of items.



14. No Agency
    AGORAjunction and the merchant advertising and selling products through this site are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.



15. Resolution of Disputes
    In the event a dispute arises between you and AGORAjunction, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and AGORAjunction agree that any claim or controversy at law or equity that arises out of this Agreement or our services (“Claims”) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.



16. Binding Arbitration
    For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or AGORAjunction may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Should either party file an action contrary to this Agreement, the other party may recover attorneys' fees and costs in defending such action, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.



17. Jurisdiction
    In the event any legal proceeding is brought by either party, for any reason, in a Court of law, you and AGORAjunction agree to submit to the personal jurisdiction of the state and federal courts located within Marion County, Indianapolis, Indiana. All forms of Alternative Dispute Resolution shall be heard and resolved in Indianapolis, Indiana or, if no such site exists, the nearest site in proximity to Indianapolis, Indiana available through the chosen ADR provider.



18. General
    This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of AGORAjunction to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit AGORAjunction rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Indiana law as such law applies to agreements between Indiana residents entered into and to be performed within Indiana.