eaniemeanie.com
Terms of Use Agreement
Welcome to www.eaniemeanie.com (“Site”). The following Terms of Use Agreement (“Agreement”) governs your access to and use of the Site. Please review the entire Agreement carefully. By visiting our Site, you accept these terms of use without limitation or qualification including if you choose to purchase goods offered on this Site. Accordingly, if you do not wish to be bound by these terms and policies, our Web site should not be one that you visit.
1. General eanie meanie reserves the right to change the Agreement at any time at its sole discretion. The most current version of the Agreement can be reviewed by clicking on the “Terms & Conditions” hypertext link located at the bottom of the Site. You should check the Site from time to time to review the then current Agreement because it is binding on you. Your continued use of the Site constitutes your acceptance of any changes to the Agreement.
2. Privacy Your use of the Site will be governed by the eanie meanie Privacy Policy which can be reviewed by clicking on the “Privacy Notice” hypertext link located at the bottom of the Site. By checking the box before pressing the Check Out button that you agree with our Terms and Conditions you indicate that you accept the terms of this Agreement, and you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.
3. Applicable Laws You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any written or online notice from eanie meanie. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. Use of the Site is for your personal and non-commercial use, and eanie meanie does not grant you any express or implied rights to access or use the Site for any other purpose.
4. Creating an Account To create an eaniemeanie.com account, you need to register with eaniemeanie.com. When registering, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current and complete. eanie meanie has the right to suspend or terminate your account and refuse any and all current or future use of its service if it suspects that such information is untrue, inaccurate, not current or incomplete.
5. Security You are responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify eanie meanie.com of any unauthorized use of your password or username or any other breach of security.
6. Copyrights We strive to provide content on our Site that is valuable and entertaining to you, but we must protect our legal rights in connection with such content. All content accessible within the Site (e.g., the “look and feel” of the Web site, all text, formatting, graphics, designs, animation, images, audio, and other content, as well as all trademarks and service marks) (“Content”) is proprietary to eanie meanie or other parties who consent to our use of it. To avoid any claim of infringement or other wrongdoing, you should not: (1) reproduce, transmit, alter, publish, distribute, or create derivative works from the Site content; (2) frame or deep-link to the Site; or (3) use meta tags or any other hidden text utilizing our or our content providers’ trademarks or service marks on or in connection with another domain name or Site. Except as otherwise indicated, you are authorized to make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without eanie meanie’s prior written consent. Requests for permission to reproduce any Content must be made in writing to: eanie meanie, 110 Washington Ave., #cu6, Miami Beach, FL 33139.
7. Trade and Service Mark Rights All rights in the product names, company names, trade names, logos, product packaging, and designs of all eanie meanie or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to eanie meanie or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of eanie meanie or any third party.
8. User Content and Communications Other than personal information, which is covered under the eanie meanie Privacy Policy, any information you transmit or post to the Site shall be considered non-confidential and non-proprietary. eanie meanie does not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through the Site. However, by submitting or posting information on, to, or through the Site, you agree that eanie meanie shall be free in perpetuity to copy, disclose, distribute, incorporate, and otherwise use such information and all data, images, sounds, text and other materials embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of this information. You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that: (a) is copyrighted, unless you are the copyright owner; (b) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (c) reveals a trade secret, unless you own it; (d) is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually-explicit, or embarrassing to any other person or entity as determined by eanie meanie in its sole discretion; (e) is illegal or otherwise objectionable; (f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or (g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. By using this site, you understand and agree that eanie meanie may at any time monitor, review, use, or disclose any content or communication posted or transmitted by, to, or from you on the Site. You further understand and agree that eanie meanie may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of eanie meanie or any third party.
9. Prohibited Uses Generally You agree not to attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site. Violations of system or network security may result in civil or criminal liability. In accordance with these Terms of Use, eanie meanie will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
10. Third-Party Content and Links to Third-Party Web Sites The Site may contain third-party owned content and links to other websites (“Linked Sites”). eanie meanie does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of eanie meanie, and eanie meanie is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. eanie meanie is providing third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by eanie meanie in favor of any third party.
11. Acceptance of Terms
(a) Electronic Signature. This Agreement is an electronic contract that governs your use of and access to the Site. By checking the box indicating you accept these terms, you create an electronic signature that has the same legal force and effect as a handwritten signature.
(b) Electronic Form. When you check the box before pressing the Check Out button that you agree with our Terms and Conditions indicating your acceptance of the Agreement, you also consent to have the Agreement provided to you in electronic form and agree to receive information about your account electronically. eanie meanie reserves the right to send you information about your account by postal mail.
(c) Access and Retention. In order to access and retain the Agreement, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program.
12. Disclaimer of Warranties
THE SITE IS PROVIDED “AS IS.” EANIE MEANIE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. EANIE MEANIE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EANIE MEANIE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY EANIE MEANIE, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY EANIE MEANIE OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. EANIE MEANIE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND EANIE MEANIE DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES. ANY AND ALL PRICING, DELIVERY, OR CONTRACT INFORMATION IS SUBJECT TO FINAL CONFIRMATION BY EANIE MEANIE. YOUR RELIANCE ON SUCH INFORMATION PROVIDED SOLELY THROUGH THE SITE IS AT YOUR OWN RISK.
13. Limitation of Liability
IN NO EVENT WILL EANIE MEANIE OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE EANIE MEANIE FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if eanie meanie has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, eanie meanie’s liability in such jurisdictions shall be limited to the extent permitted by law.
14. Indemnification You agree to defend, indemnify, and hold harmless eanie meanie and third parties who contribute to the sITE from any loss, damage, or cost (including attorneys' fees) resulting from your violation of the Agreement.
15. Choice of Law and Forum
The Agreement is subject to the laws of the State of Florida. If there is any dispute between us concerning the Agreement or your access to or use of the Site, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be the Southern District of Florida.
16. Termination
eanie meanie reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. Otherwise applicable sections of the Agreement shall survive termination.
17. No Waiver
The failure of eanie meanie to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.
18. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and eanie meanie as a result of the Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and eanie meanie and governs your use of the Site. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
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