TERMS AND CONDITIONS OF WEBSITE USE
This Agreement affects your legal rights in using this Web site. Please read this carefully before you begin using this Web site.
1.) Your Agreement to these Terms and Conditions.
a.) Welcome to www.stellaservice.com! This Web site is owned and maintained by StellaService Inc. (StellaService) for the benefit of our customers, affiliates and other visitors. The terms and conditions set forth below in this Agreement govern your use of the Web site and your purchase of goods and services from StellaService. By proceeding to use this Web site you agree to abide by the following terms and conditions. Please read this Agreement carefully before entering or using the Web site.
b.) While you may visit this Web site at any time without obligation, certain portions of this Web site are restricted to access and use only by customers or affiliates of StellaService who have registered with us and have satisfied additional requirements and provisions. You may be required to signify your consent to these terms in order to register and take advantage of the goods and services that we offer, and in all cases if you proceed to use the Web site, you will be legally bound by these terms and conditions even if you have decided not to read them. If you do not want to abide by this Agreement, please exit the Web site. If you have questions about any part of this Agreement please contact StellaService at:
75 Broad Street, Suite 2900
New York, NY 10004
d.) You agree that StellaService may discontinue your access to this Web site at any time, without notice, if it determines, in its sole discretion, that you have violated any term or provision of this Agreement or if ordered to do so by legal process.
2.) Ownership and use of the content on this Web site
a.) This Web site is owned and operated by StellaService, and all Web site content, including text, site design, logos, graphics, video streams, icons, audio clips, video clips and images, as well as the selection, assembly and arrangement thereof, other than material identified as the property of a third party, is the sole property of StellaService, Copyright © 2011 by StellaService Inc. Such content is protected by Federal copyright and trademark laws. You may download or print out content on the Web site if it is necessary to preserve or record such content for later use in connection with your use of the goods or services we offer, but you may only make one copy and must preserve all copyright and trademark notices that appear with such content. Otherwise, unless you have been expressly permitted by StellaService, you may not copy, reproduce, modify, republish, upload, download, post, transmit, or distribute such content in any form or by any means. Any unauthorized use of the content appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
b.) StellaService, as well as other taglines, logos and other material identifying our company, are trademarks of StellaService. All other trademarks or service marks are property of their respective owners. The use of any such trademark or service mark without the owner's written consent is strictly prohibited.
3.) Materials that you or other users furnish or post on the Web site.
a.) If you or other users send any communications or materials of any kind to or through the Web site, by electronic mail or otherwise, including any comments, surveys, ratings, data, questions, suggestions or the like, all such communications are, and will be considered to be non-confidential and available for any purpose to StellaService or any other party having access to such material. This means that you will forever give up any claim that any use, analysis, modification, reproduction or exploitation of such material violates any copyrights, trade secret rights, property rights, publicity rights, moral rights, financial rights, privacy rights, rights to credit for material or ideas, or any other right with respect to such material.
c.) You are prohibited from posting or transmitting to or through this Web site any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although StellaService may from time to time monitor or review bulletin boards, chat rooms, discussions, postings, transmissions and the like on the Web site, StellaService is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. StellaService may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates StellaService's policies in any way. StellaService will fully cooperate with any law enforcement authorities or court order requesting or directing StellaService to disclose the identity of anyone posting such materials.
4.) Prohibited uses of the Web site.
a.) You may not interfere with anyone else's use of this Web site.
b.) You may not use this Web site to transmit or implant any virus or other form of computer program or device intended to disrupt, sabotage, impair or otherwise damage or cripple any data, computer or computer system.
c.) You may not use this Web site for the purpose of gaining any unauthorized access to any data, computer or computer system.
d.) You may not use this Web site for the purpose of conducting any illegal activity, or engaging in any infringement of the intellectual property rights of a third party.
5.) Your privacy.
6.) Links to other web sites.
This Web site may contain links to other sites on the Internet. StellaService provides such links for your convenience only, and is not responsible for the content of any Web site linked to or accessible from this Web site. Links from this Web site to any other web site do not mean that StellaService approves of, endorses, recommends or has any affiliation whatsoever with any other web site. StellaService disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.
7.) Disclaimer of warranties and limits on StellaService's liability.
a.) You agree that your use of the Web site shall be at your sole risk. To the fullest extent permitted by law, StellaService, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Web site and your use thereof, including any pertaining to accuracy or completeness of Web site content, the content of any sites linked to this Web site, or any goods or services furnished, licensed or sold on or through this Web site. All the information contained in this Web site is provided "as is" without any warranties or guarantees of any kind. This Web site may contain advice, opinions and other statements of StellaService or third parties. Such content is for informational purposes only, and reliance on such content is at your own risk. StellaService assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Web site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Web site, (iv) any bugs, viruses, denial of service codes or the like which may be transmitted to or through our Web site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Web site. StellaService does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Web site or any hyperlinked website or featured in any banner or other advertising. StellaService will not monitor or in any way be responsible for any transaction between you and third-party providers of products or services.
b.) Certain content of this Web site is intended to provide general information and guidance for persons wishing to learn about, and purchase, evaluation and certification services from StellaService. StellaService warrants that it conducts evaluations according to professional standards but does not warrant or guaranty that the certification of your business under the StellaService program will result in or generate increased revenues, value or recognition to your business.
c.) Certain content of this Web site is intended to provide a forum for consumers and others to post and publish reviews and evaluations of goods and services furnished by persons or businesses that may be affiliated with or use the Web site. Such reviews and evaluations may be published on the Web site or otherwise made publicly available, and may be provided to the parties to whom the review refers. StellaService does not edit or analyze the content of such reviews for any purpose, and does not warranty or guaranty the accuracy, validity or completeness of such postings, nor does it warrant or guaranty that such content will result in or generate increased revenues, value or recognition to the parties about whom the content concerns, nor does it warrant or guaranty that such content will not potentially damage or lessen the reputation or good will of such parties. You agree to and do herby waive and release any and all claims that may exist, known or unknown, now or in the future, legal or equitable, for any damages, losses or injury associated with the publication or use of such content, including but not limited to loss of income, damage to business reputation, defamation, invasion of privacy, disclosure of confidential information, or infringement of intellectual property rights, and agree to indemnify, defend and hold StellaService harmless against any such claims that might be asserted against StellaService by a third party based on content that You publish or post under this forum.
d.) This Web site originates from and is maintained in the United States of America, and StellaService makes no representations regarding the legality of access to or use of the Web site or the materials contained in or accessible from the Web site in other countries. Any export or use of such materials by a user must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use. Access in countries where the materials are illegal is prohibited. Users who access the Web site from outside of the United States do so at their own risk and are responsible for compliance with applicable export and local country laws.
e.) You acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, even though we have a policy against the posting of such content, and you agree to and do hereby waive, any legal or equitable rights or remedies you have or may have against StellaService with respect thereto.
f.) In no event will StellaService be liable to you or another party for any indirect, special, consequential or punitive damages, including but not limited to, lost time, lost money, lost profits or good will, resulting from these terms and conditions or anyone's use of this Web site, whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen.
8.) Compliance with Service Agreement; Payments and refunds.
a.) If you have registered to receive or purchase goods and services from StellaService through this Web site, you must abide by all of the terms set forth in the service agreement, you are required to make all payments in a timely fashion, and you are required to provide all requested personal and account/payment information to ensure payment. You warrant that the information you provide is accurate and that you have the legal authority to furnish account and debit information for electronic payments on your account. StellaService does not guarantee the accuracy of information provided by third parties offering goods or services on the Web site.
b.) StellaService will refund the purchase price of goods or services you purchase over this Web site if it is determined, in StellaService's sole discretion, that a refund is appropriate, and only after receiving a written request for such refund specifying the nature of the request and furnishing all appropriate documentation and materials to enable StellaService to evaluate the request. The agreement to provide a refund does not relieve you of the other obligations set forth in this Agreement. To be entitled to a refund you further must mail, or deliver to StellaService via this Web site, the demand for refund not later than 10 days after the date of furnishing of the goods or services in question.
9.) Your obligation to indemnify StellaService.
You agree to indemnify, defend and hold harmless StellaService and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent companies from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred in connection with any claim arising out of any breach by you of this Agreement or any material posted or provided by you to this Web site. You will cooperate as fully as reasonably required in StellaService's defense of any such claim. StellaService reserves the right, at its own expense, 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 StellaService.
10.) General provisions relating to this Agreement.
The terms set forth above constitute the entire agreement between StellaService and you with respect to your use of this Web site, unless otherwise agreed in writing, and supercede all other agreements, statements or understandings. Any legal claim you may have against StellaService with respect to your use of this Web site must be commenced within one year after the claim arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision, as well as the remainder of the agreement, shall be enforced to the maximum extent possible so as to carry out the intent of this Agreement. These Terms and Conditions and all matters arising out of or relating to the interpretation or enforcement of these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). You further agree that this Agreement is made and partially performed in the City of New York, and that venue for any legal action to enforce or interpret this Agreement will be vested exclusively in the state and Federal courts having jurisdiction over the City of New York. You agree that such courts shall have, and you hereby waive all objections to the exercise of, personal jurisdiction over you with respect to any such actions or proceedings.