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Terms and conditions
Welcome to our website
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern My Key Finder relationship with you in relation to this website.
The term My Key Finder or us or we refers to the owner of the website whose registered office is Carrollton Texas 75007. The term you refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material, which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the websites. We have no responsibility for the content of the linked websites.
- You may not create a link to this website from another website or document without My key Finders prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of United States of America.
Who Can Use the Site and How
A user agreement should set forth both who can use the site and permitted uses, such as the following:
- That the users are over 18. This can ensure that the user is either over 18 and bound by the contract, or supervised by a parent who agrees to the contract and the minors use. It is important to be aware that the FTC has regulations regarding collection of information from minors, which also apply to your website.
- That the user is truthful in information disclosed on the site and agrees to what he or she is buying and to pay for it. This can provide a remedy against the user if fraudulent credit card information, contact information or other information is provided, or if the user disputes the charge later. Threat of litigation regarding the agreement can sometimes result in faster resolution of payment disputes.
- That the user agrees not to copy materials on the site, not to reverse engineer or not to break into the site, and not to use the website materials, products or services for illegal purposes.
- That the user agrees to use the site as per the instructions, not to disclose his password to others for use, and that the site has a license for use of anything the user submits or posts to the site.
- That the use of the site is at the discretion of the company and that any use by anyone may be terminated by the company at any time.
The user agreement should obtains the users agreement to purchase policies regarding the purchase, including warranty, shipping, returns or otherwise, and the users agreement to such policies. It is important to be aware that FTC regulations and other laws govern sales of products over the internet, as they do mail order and store purchases.
Waiver of Implied Legal Warranties
The user agreement can also serve to waive legal warranties, which are implied by law regarding the sale of products under the Uniform Commercial Code. Despite its name, the uniform commercial code varies by state, but generally is uniform. The UCC implied warranties include the following: merchantability that the item will do what it is intended to, fitness for purpose that if the items fitness for a particular purposes is stated, it will meet that purpose, non-infringement that the product does not infringe other parties rights and title that the seller owns what she is selling. These warranties can be waived so that they do not apply through insertion of waiver language as set forth in the UCC.
Liability Limits and Postings
The user agreement should also limit the liability of the company for damages of all kinds regarding use of the site, errors on the site, viruses on the site or products, failure ot the site to operate, third party links, and any purchase or service. This is an extremely beneficial provision to lower risk, especially regarding purchases and postings on the site.
Site postings can have a lot of liability associated with them. It is important to limit your liability if users may post materials that are libelous, obscene or infringing of a copyright or trademark. Sites can be legally liable for these postings. Therefore, it is vital to incorporate site submission rules and the liability limit into the user agreement, which anyone making or viewing postings must agree to. It is also helpful to include a provision, which permits disclosure of user information to law enforcement authorities or because of subpoena. In some cases, users have sued to prevent disclosure of such information by sites.
Indemnification
The user agreement can require that the user indemnify the company for any claims resulting from such users use. This means that if the company is sued due a users actions, the company has a legal remedy to sue the user and require the user to pay for any costs that the company is forced to pay from such a claim.
Conclusion
A user agreement can offer tremendous legal benefit in both lower risk and ensuring remedies for websites. You can find free sample terms and conditions of purchase and small business terms and conditions of purchase on web, but you are taking a risk in not using terms you acquire from a quality source. A Website Agreement set, including user Agreement, Site Submission Rules and Privacy Policy, are available for purchase from the author here.
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