| Term
The initial term of this Agreement shall be a period of one (1) year from the Effective Date. Thereafter, the Agreement shall automatically renew for subsequent one (1) year terms. At any time, either party may terminate this agreement, with or without cause, upon thirty (30) days prior written notice. Aeterno reserves the right to immediately terminate the person who commits fraud, slander, a denial-of-service attack, or commits any other action which it deems inappropriate. Neither party has made any commitments regarding the duration or renewal of this Agreement beyond those stated herein.
Scope
By using this website for passive or active browsing or usage, you have accepted the site Terms of Service and this agreement. Aeterno reserves the editorial right to censor any user/content that is inappropriate. This is a master agreement between you and Aeterno and shall apply to all transactions and business conducted between the parties.
LIMITATION OF LIABILITY; INDEMNITY.
IN NO EVENT SHALL AETERNO (OR IT'S AFFILIATES) BE LIABLE TO YOU, OR ANY OTHER PERSON OR ORGANIZATION FOR EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM THEIR USE OF AETERNO PRODUCTS OR SERVICES OR THEIR INABILITY TO USE SUCH SERVICES. THIS LIMITATION OF LIABILITY INCLUDES (BUT IS NOT LIMITED TO) THE COST OF COVER, LOSS OF PROFIT, USE, SAVINGS OR REVENUE, OR THE CLAIMS OF THIRD PARTIES, AND APPLIES WHETHER OR NOT AETERNO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND ALSO APPLIES WHETHER OR NOT THE LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. YOU AGREE THAT IN NO EVENT SHALL AETERNO'S LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE LESSER OF THE AETERNO ADVERTISING CHARGE ON THE TRANSACTION INVOLVED, OR $10,000. THE LIMITATIONS IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification by you or agent thereof
You shall indemnify, defend (with counsel approved in writing by Aeterno) and hold Aeterno, its officers, directors, shareholders, employees, insurers, attorneys, successors and assigns harmless against any and all claims for cost, damage, expense (including reasonable attorneys’ Advertising Charges) or liability arising out of or related to the acts or omissions of the person, its employees, representatives or agents.
YOUR OBLIGATIONS
This Agreement shall govern the business relationship between Aeterno and you despite any different or conflicting terms and conditions in your forms or other documents.
All information provided by you shall be true, accurate and up-to-date at all times. You are solely responsible for protecting your intellectual property rights, including works made for hire, and for negotiating all rights, title and interests therein with Buyers.
You are responsible for compliance with applicable local laws. Information available on this Web Site and transactions occurring as a result of your use of the site may be subject to U.S. Export Control Laws and/or other applicable export and import laws. You are solely responsible for compliance with all applicable export/import laws, regulations, taxes, licenses and Advertising Charges.
In order to protect the legal rights and recourse, all users of the site affirm that they are legal adults, able to enter into contracts and at least 18 years of age. Persons not meeting this requirement are not allowed to post on this site.
SECURITY
Aeterno strongly urges you to follow standard security measures, which includes but is not limited
to:
- Protecting your password pair (email address and password) by keeping it completely private and confidential (so that a person doesn't discover the information and compromise your account).
- Selecting your password such that:
- It is a mix of both numbers and letters, and least 8 characters or more long (to prevent a person from easily guessing your password).
- Choosing a password that is unique and different than passwords used for other sites and services (so that a compromise at another site will not compromise your account).
- Keeping your email address current in the system and safeguarding access to your email account (so a person who compromises your email account cannot compromise your site account via the "forgot password" function of the site).
- Closing your account on the site should your email address fall out of your possession (so the person who next assumes the address will not be able to compromise your account).
- Etc.
You authorize Aeterno Corporation to treat themselves or any party who provides your password pair as you yourself, and agree to assume sole responsibility for all transactions, obligations, liabilities and/or actions undertaken by any such party. You further understand and agree that for your protection, Aeterno personnel may not
provide certain types of customer service requests for them, until they authenticate your identity by providing your password pair.
Inappropriate Behavior
Should you demonstrate poor or inappropriate behavior (to be determined at the sole discretion of site staff), we reserve the right to publicly document such behavior via a rating and comment in your profile. Such behavior includes (but is not limited to) refusing to cooperate with Aeterno personnel, and sending abusive communications to the any site user or to Aeterno staff.
YOUR REPRESENTATIONS
Your represent that you have the full power and authority to execute this Agreement. You are the owner of, and/or have received all appropriate consent from the owners of, any and all material, information, intellectual property in any form, or other data that you makes available to
Aeterno.
If you are a renter posting a wishlist, you give us permission to share your wishlist with real estate professionals without mentioning your name, phone number or e-mail until you authorize us to release them. You give us permission to contact real estate professionals directly on your behalf via e-mail and phone. If you are a landlord or real estate professional, you give us permission to post your listings on other media.
Abandoned accounts
Aeterno may do periodic account reviews to weed out abandoned accounts. If you are inactive for 12 months, your account may be considered by Aeterno to be abandoned. Abandoned accounts will be closed. If they have any funds remaining, Aeterno will notify you via email to your account email address, so they can be recovered by you. However, if you do not claim your funds for 6 months from the date of Aeterno's email notification, all funds will become the property of
Aeterno.
Fraudulent Behavior Notification Warning
If you attempt to commit, or actually commit, fraud (of any type, including but not limited to "as defined by this contract", United States law, or an action generally accepted to be fraudulent) that would adversely effect one or more other site users, then You grant Aeterno the right to: - Notify those other users of the attempted or actual fraud (and provide pertinent details).
- Provide those other users with the your real name(s), address(es), phone number(s), fax number(s), and/or email address(es).
Government Security Agency Requests for Personal Information
If any United States Government law enforcement agency requests your personal information for the purpose of protecting the national security of the United States, you authorize Aeterno to fulfill such requests to the best of our abilities.
DEFAULT AND TERMINATION
Default. Should you default, your account may be terminated by Aeterno. You shall be considered to have defaulted under the Agreement for any failure to perform your obligations to other users and/or if Aeterno discovers any material misrepresentation or omission that you have made in this Agreement or its Registration. You may also be considered in default if you violate the site terms of service.
CLOSING ACCOUNTS
At your request, Aeterno will close out your account, disabling all future use of it. However, You understands and agrees that Aeterno will not delete any information, as it is required to report such information to 3rd parties including (but not limited to) FBI investigations, IRS investigations, credit card fraud investigations, or for Aeterno’s own auditing purposes.
SECURITY AND VIRUSES.
Please note that Aeterno uses the best of its ability to protect all data from external and unauthorized party access by the use of (but not limited to) firewalls, encryption and 3rd party security consultants. Additionally it also uses the best of its ability to protect site users from viruses via virus scanning
software. However no security system and/or virus system is 100% secure or 100% effective. Should sensitive data be confirmed as compromised, or a virus discovered on an Aeterno system, Aeterno will alert you via email (to the address registered on the site). However, due to the nature of security and viruses, Aeterno strongly advises you to take your own security precautions, such as personal virus scanning software, and/or encrypting sensitive communications. Given the nature of these matters, should a security compromise or virus incident occur, you agree that Aeterno is not liable for the incident (in any way or kind) nor for any repercussions of such an incident (in any way or kind).
Assignment
You shall not assign or transfer this Agreement without Aeterno’s prior written consent, which shall not be unreasonably withheld. Any attempted assignment shall be null and void. When/if you apply a feature, function or design element that exists on this site to another site, you agree to assign to Aeterno all commercial benefits earned by you. You agree to be the sole user of this site. You will not share leads paid for by you to any other user or entity.
Relationship of the Parties
This Agreement does not create a franchise, joint venture or partnership between the parties. Neither party hereunder is the agent, broker, partner, employee, or legal representative of the other for any purpose.
Excused Performance
Neither party shall be liable for failure to perform its obligations under this Agreement for causes beyond its reasonable control.
Governing Law; Attorneys’ Advertising Charges
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Nevada. In the event that any dispute or controversy between the parties arises out of or is related to any of the provisions of this Agreement, and/or the performance or termination thereof, such dispute or controversy shall be subject to the exclusive jurisdiction of the Nevada state courts (or, if there is federal jurisdiction, the U.S. District Court for that region) and the prevailing party in any such dispute shall recover all of its costs, including reasonable attorneys’ Advertising Charges.
Time Limitations
No action, regardless of form, arising out of or related to this agreement may be brought by you more than one year after a cause of action has arisen.
Notices
Notices shall be sufficient only if sent by certified mail or air express, return receipt requested, or personally delivered to a party. Notice by mail shall be deemed received on actual receipt. Notices should be sent to: Aeterno
Corporation Attn: Legal Services
1155 W 4th Street
Suite 214
Reno, NV 89503
USA
No Waiver
The failure of either party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party to thereafter enforce any such provision.
Unenforceable Provisions
If any term of this Agreement is found to be illegal or unenforceable, the remaining portions of this Agreement shall remain in effect, provided that the parties agree to negotiate in good faith substitute enforceable terms.
Modifications; Special Agreements; Entire Agreement
Note that Aeterno reserves the right from time to time to amend, modify or change this agreement. When this happens, Aeterno shall notate the new information clearly and post a notice in this section of the site about the update. Due to the majority of parties requesting not to be contacted via email about updates to the site, email notice will not always be given. Additionally, due to the financial costs associated with written notices, written notice will not always be given. If you are interested in keeping abreast of the latest changes to this agreement, then please bookmark this page and review it from time to time, or monitor the 'news' section of the site.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY PROVIDING NOTICE TO US. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Should Aeterno and you come to a special understanding not outlined in this agreement it will be laid out in writing and signed by both parties.
This Agreement is the entire understanding between you and Aeterno with respect to the subject matter of this Agreement, and supersedes all (i) proposals, oral or written, (ii) negotiations, conversations or discussions between the parties and (iii) industry custom or past course of dealing, relating to the subject matter.
Bank Payment Agreement
BY CLICKING ON THE CONTINUE BUTTON, I AGREE TO THE TERMS AND CONDITIONS OF USING MY CREDIT CARD AS A PAYMENT METHOD, WHICH ARE LISTED BELOW, AND AUTHORIZE SWEETSHELTER.COM TO DEBIT MY CREDIT CARD FOR PURCHASES MADE ON SWEETSHELTER.COM.
Welcome to the terms and conditions (the "Terms and Conditions") for use of a Credit Card as a payment method on Sweetshelter.com. Please note that your use of the Sweetshelter.com Web site is also governed by our Conditions of Use and Privacy Notice, as well as all other applicable terms, conditions, limitations and requirements contained on the Sweetshelter.com Web site, all of which (as changed over time) are incorporated into these Terms and Conditions. If you choose to use a Credit Card as your payment method on Sweetshelter.com, you accept and agree to these Terms and Conditions.
- Credit Card Payments. By choosing to use a Credit Card as your payment method on Sweetshelter.com, you may be able to complete your purchase using any valid Credit Card. Whenever you choose to pay for an order using your Credit Card, you are authorizing Sweetshelter.com and/or its owner Aeterno Corporation to debit your Credit Card for the total amount of your purchase (including applicable taxes and Advertising Charges). To complete your transaction, Sweetshelter.com, or an agent acting on its behalf, will create an electronic funds transfer or bank draft, which will be presented to your bank or financial institution for payment from your Credit Card. Your transaction must be payable in U.S. dollars. Sweetshelter.com, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
- Electronic Signature. By choosing your Credit Card as your payment method, you agree that: (a) you have read, understand and agree to these Terms and Conditions, and that this agreement constitutes a "writing signed by you" under any applicable law or regulation, (b) you consent to the electronic delivery of the disclosures contained in these Terms and Conditions, (c) you authorize Sweetshelter.com (or its agent) to make any inquiries we consider necessary to validate your dispute, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases, and (d) you authorize Sweetshelter.com (or its agent) to initiate one or more debit entries (withdrawals) for the specified amount(s) from your Credit Card , and you authorize the financial institution that holds your Credit Card to deduct such payments.
- Partial Debits and Returned Payments. If your full order is not processed by us at the same time, you hereby authorize partial debits from your Credit Card, not to exceed the total amount of your order. If any of your payments are returned unpaid, Sweetshelter.com reserves the right to charge you a returned item fee of twenty-five dollars ($25.00) or the maximum amount allowed by law, which may be added to your payment amount and debited from your Credit Card if we resubmit a debit due to insufficient funds. We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys' Advertising Charges.
- Advertising Charges and Payments. The current Subscription and Advertising Charge for the Service is posted on our website. Subscription and Advertising Charges are subject to change. In the event of a change in any subscription Advertising Charge, a notice regarding the subscription Advertising Charge change will be posted on our site on the effective date of the Advertising Charge change. It is your sole responsibility to check our site from time to time for any such changes. Your subscription will continue and renew automatically unless terminated or cancelled in accordance with this Agreement. You hereby authorize Aeterno to charge your credit card the then current subscription Advertising Charge for the Service, and any related taxes, at the time of your initial subscription and at the start of each renewal period, unless you cancel your subscription before the renewal period. If there is any change in the information concerning your credit card (e.g., if you wish to use a different credit card or if your credit card has a new expiration date), you must notify using the Contact Us form on the sweetshelter.com website. If a charge to your credit card is denied for any reason, Aeterno shall have the right to terminate or suspend your subscription and your access to the Service. All payments are non-refundable. You are responsible for all federal, state and local taxes, if any, as well as any other costs and fees associated with the use of your subscription that are not specified herein as being included as part of your Subscription or Advertising Charge.
Your Cancellation Rights
You may cancel your subscription at any time by notifying us at any time using the Contact Us form. For monthly subscriptions, cancellation will be effective at the end of the month during which you notify us of your cancellation. For annual subscriptions, cancellation will be effective at the end of the year during which you notify us of your cancellation.
Aeterno Cancellation Rights
Aeterno may suspend or terminate your subscription and access to the Service immediately if Aeterno reasonably determines that you are in violation of this Agreement. If your subscription is suspended or terminated pursuant to this paragraph, you will not receive any refund of any subscription Advertising Charges previously charged to your account. The suspension or termination of your subscription, and the forfeiture of any subscription Advertising Charges, is in addition to, and not in lieu of, any rights and remedies available to Aeterno under this Agreement or under applicable laws. In addition, Aeterno reserves the right to discontinue the Service at any time, and to cancel your subscription in connection with the discontinuation of Service; in such event, Aeterno will provide a pro-rate return of your subscription Advertising Charge based on the unused portion of your subscription.
- Customer Service. All questions relating to Sweetshelter.com orders or any payments made using your Credit Card should be directed to us, and not to the financial institution that holds your Credit Card. You may contact us regarding your Sweetshelter.com orders or any payments made using your Credit Card by using the Contact Us form on our website.
- Error Resolution Policy. If you believe that any payment transaction initiated by Sweetshelter.com (or its agent) with respect to your Credit Card is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible by e-mail using the instructions provided in Section 5 of these Terms and Conditions. In any event, we must hear from you no later than 90 days after the date the questionable transaction FIRST appeared on your Credit Card statement. When you contact us, provide us with the following information:
- your name and the e-mail address associated with your Sweetshelter.com customer account,
- a description of the error or the transfer you are unsure about, and a clear explanation as clearly as you can why you believe it is an error or why you need more information,
- the dollar amount of the suspected error,
- the transaction date and associated transaction identification number from your Credit Card statement,
- a telephone number at which you can be reached in case we need further information,
- the telephone number of the bank, and
- that portion of your Credit Card statement containing the Sweetshelter.com transaction information (if requested).
We require that you send us your complaint or question in writing within ten (10) Business Days. A "Business Day" means Monday through Friday, excluding federal banking holidays. We will attempt to determine whether an error occurred within ten (30) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (90) days to investigate your complaint or question. If we decide to do this, and your inquiry or complaint involves any amounts debited from your Credit Card, we may transmit a provisional credit to your Credit Card for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not grant provisional credit of the disputed amount. We will tell you the results of our investigation within three (10) Business Days after its completion. If we determine that there was no error, we will send you a written explanation, and we may, and you authorize us to, debit your Credit Card for the amount of the provisional credit. You may ask for copies of the documents used in our investigation.
- Your Liability for Fraud or Unauthorized Use. If any fraudulent or unauthorized transaction occurs in your Sweetshelter.com account, Sweetshelter.com (or its agent) will not be responsible for reimbursing you for your losses from such transactions. We take the best care we possibly can to make sure such incidents do not happen. But if they do happen, you indemnify us from the responsibility of any losses you incur. Notify us at once if you believe the password associated with your Sweetshelter.com customer account has been lost or stolen, or if someone has attempted (or may attempt) to make a transfer from your Credit Card to complete an Sweetshelter.com purchase without your permission. We reserve the right to cancel the ability to pay by Credit Card on Sweetshelter.com for any reason.
- Electronic Disclosures/Communications. You agree to accept all disclosures and other communications between you and us on this Web site or at the primary e-mail address associated with your Sweetshelter.com customer account. You should print and retain a copy of all such disclosures and communications.
- Our Liability. If we fail to debit your Credit Card in accordance with these Terms and Conditions, in the correct amount, we will not be liable for any losses directly caused by our failure. You indemnify us from the responsibility of any such losses you incur. For instance, we will not be liable where: (1) you do not have enough money in your Credit Card ; (2) your Credit Card is closed or withdrawals restricted; (3) any terminal or system was not working properly and you were advised of that before you initiated the payment; (4) circumstances beyond our control (such as flood, fire, power outages, mechanical or system failures); (5) your financial institution refuses to honor an ACH debit; (6) your instructions are lost or delayed in transmission to us; (7) a reasonable security concern, such as unauthorized use, causes us not to honor your instructions; (8) this payment option has been discontinued or suspended; (9) we advise you that your request will not be processed; and (10) other exceptions allowed by law. If our error was unintentional and resulted from a bona fide error, our liability is limited to actual damages.
- Agreement Changes. We may in our discretion change these Terms and Conditions, Sweetshelter.com's Conditions of Use and/or its Privacy Notice at any time without notice to you. If any change is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or the remainder of these Terms and Conditions. We reserve the right to subcontract any of our rights or obligations under these Terms and Conditions. YOUR CONTINUED USE OF YOUR CREDIT CARD AS A PAYMENT METHOD ON SWEETSHELTER.COM AFTER WE CHANGE THESE TERMS AND CONDITIONS, SWEETSHELTER.COM'S CONDITIONS OF USE AND/OR ITS PRIVACY NOTICE CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES.
If you become aware of any violations of this site’s usage agreement, please inform Aeterno and you will be awarded 50% of the net litigation benefit. |