Privacy
Policy:
We are committed
to your development and success. Partnering with you often
requires information and a level of trust that can only
be created with a high level of confidentiality, privacy
and professionalism. NearestOutlet takes every precaution
to protect our users' information. When users submit sensitive
information via the website or our services, your information
is protected both online and off-line. We will not share
your dealer information with anyone. Your dealer data
is stored on our servers and is only used by the zip code
locator. No one outside of NearestOutlet will have full
access to your dealer list. Finally, the servers that
we store dealer information on are kept in a secure environment.
If you have any questions about the security of our website,
you can send an email to sales@nearestoutlet.com.
Service Level Agreement (SLA):
NearestOutlet servers
connect to the Internet through redundant high-speed connections
on diverse backbones ensuring data delivery to the end
user in the fastest, most efficient manner possible. NearestOutlet
guarantees a 99.9% uptime excluding scheduled maintenance
and previously notified upgrades.
Service
Agreement:
1.
SERVICES
Subject to the
terms and conditions of this Agreement, NEARESTOUTLET.COM
will provide to Customer Internet facilities consisting
of some or all of: connectivity, hardware management,
software management, web hosting, web design, website
promotion, and/or related services. The specific services
to be provided initially to Customer shall be as selected
in the Order and thereafter as established through correspondence
between Customer and NEARESTOUTLET.COM.
2. SUPPORT
NEARESTOUTLET.COM
will provide to Customer support ("Standard Support")
associated with normal operation of services. No support
shall be provided for any issue not directly related to
any Standard Issues, including but not limited to issues
related to web design, third party software configuration
or troubleshooting, and training. Customer may request
additional support for items not covered by Standard Support,
which would be billed at a specified hourly rate determined
solely by NEARESTOUTLET.COM.
3. TERM
The initial term
of this Agreement shall be as stated in the Order ("Initial
Term"). The Initial Term shall begin upon commencement
of Service to Customer, provided, however, no Service
shall commence unless and until NEARESTOUTLET.COM receives
and accepts a completed Order from Customer, plus payment
in full for Services to be rendered during the Initial
Term and any setup charges. NEARESTOUTLET.COM reserves
the right to reject any submitted Order for any or no
reason prior to written acceptance thereof by NEARESTOUTLET.COM.
After the Initial Term, unless otherwise agreed to by
the parties, this Agreement shall automatically renew
for successive terms of equal length as the Initial Term
unless terminated or canceled by either party. The Initial
Term plus all successive renewal periods during which
Service is provided shall be collectively referred to
as the "Term".
4. FEES
AND PAYMENT
All fees for Services
rendered or provided to Customer are in U.S. Currency.
Fees for renewal periods after the Initial Term shall
be due and owing immediately upon the first day of such
renewal period. Customer will receive an invoice for the
charges for the basic Services rendered or provided by
NEARESTOUTLET.COM for such renewal period, plus any additional
Services rendered or provided by NEARESTOUTLET.COM to
Customer for the preceding length of the Term, and any
other charges or fees then due hereunder. Payment in full
of such invoiced amount is due upon receipt of the invoice.
Should payment in full of any invoice not be received
by NEARESTOUTLET.COM within thirty (30) days after date
of invoice, NEARESTOUTLET.COM may impose a debt service
charge. In addition, in the event that any amount due
NEARESTOUTLET.COM remains unpaid thirty (30) days after
presentation of an invoice to Customer, NEARESTOUTLET.COM,
in its sole discretion, may immediately terminate this
Agreement, and/or withhold or suspend Services. Suspension
of service does not necessarily imply termination of this
Agreement and service charges will continue to accrue
as if no suspension had occurred. All taxes, fees and
governmental charges relating to the Services provided
hereunder (other than income taxes of NEARESTOUTLET.COM)
shall be paid by Customer. Checks returned unpaid (NSF)
will be assessed a charge.
5. CONTENT
AND CUSTOMER'S RESPONSIBILITY
NEARESTOUTLET.COM
will exercise no control whatsoever over, nor have any
responsibility or liability whatsoever for, the content
of the information passing through its network. NEARESTOUTLET.COM
shall make no effort to validate any information passing
through its network for content, correctness, usability
or for any other reason.
6. NO
WARRANTY
Customer agrees
to use NEARESTOUTLET.COM's Services, and any information
obtained through or from NEARESTOUTLET.COM, at Customer's
own risk. Customer acknowledges and understands that neither
NEARESTOUTLET.COM, nor any of its employees, representatives,
agents or the like, warrant that the Services offered
or provided hereunder will not be interrupted or be error
free, nor do they make any warranty or representation
as to the results that may be obtained from the use of
the Service or as to the accuracy, reliability or content
of any information service or merchandise contained in
or provided through the Service, unless otherwise expressly
stated in this Agreement. NEARESTOUTLET.COM specifically
disclaims all warranties of any kind, including, without
limitation, the warranty of merchantability and fitness
for a particular purpose, whether expressed or implied,
for the Service it is offering or providing hereunder.
7. LIMITED
LIABILITY
Under no circumstances,
including negligence, shall NEARESTOUTLET.COM, its officers,
agents or anyone else involved in creating, producing
or distributing the Service hereunder be liable to Customer
or any third party, for any claims, causes of action or
direct, indirect, incidental, special, or consequential,
trebled, or punitive damages, that result or have alleged
to have resulted from the use of or inability to use the
Service; or that results from mistakes, omissions, interruptions,
deletion of files, loss of data, errors, defects, delays
in operations, or transmission or any failure of performance,
whether or not limited to acts of God, communications
failure, theft, destruction or unauthorized access to
NEARESTOUTLET.COM's records, programs or services. NEARESTOUTLET.COM
further shall have no responsibility whatsoever to Customer
or any third party for the accuracy or quality of information
obtained through or in connection with its Services provided
hereunder. NEARESTOUTLET.COM makes no warranties as to
the content of this website or our services. Under no
circumstances shall NEARESTOUTLET.COM be liable for any
direct, indirect, incidental, special or consequential
damages, resulting from: (a) the use or the inability
to use the site or service; (b) the materials in the site
or service; or (c) any other matter related to our services.
8. INDEMNIFICATION
Customer shall
defend, indemnify, save and hold NEARESTOUTLET.COM harmless
from any and all damages, demands, liabilities, losses,
costs and claims, including, without limitation, reasonable
attorneys' fees, compensatory damages, punitive damages,
trebled damages, and statutory damages (hereinafter "Liabilities")
asserted against NEARESTOUTLET.COM, its agents, its customers,
servants, officers and employees, that may arise or result
from any service provided or performed or agreed to be
performed by Customer, its agents, employees or assigns
or any product distributed, offered or sold by Customer,
its agents, employees or assigns.
9. TERMINATION
AND CANCELLATION
This Agreement may
be terminated: (i) by the customer at any time, without
cause; (ii) by NEARESTOUTLET.COM, without cause, by giving
the other party 30 days prior notice; (iii) by NEARESTOUTLET.COM,
at any time, upon 20 days' prior notice if in the sole
judgment of NEARESTOUTLET.COM, (iv) by NEARESTOUTLET.S.COM
at any time in the event of nonpayment by Customer.
10. CHARGEBACKS
In the event a customer disputes our charge with their
bank or credit card company for any reason resulting in
a chargeback to us, we shall immediately delete the customer's
account. All future accounts requested by the customer
will require a signed credit card authorization form prior
to any new account being opened.
11. ADDITIONAL
TERMS AND CONDITIONS
You agree to the
terms and conditions outlined on this page with respect
to our site and services. This Agreement constitutes the
entire and only agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the website,
the content, products or services provided by or through
NearestOutlet, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from time
to time without specific notice to you. The latest Agreement
will be posted on NEARESTOUTLET.COM website, and you should
review this Agreement prior to using our services.
Terms of Use:
You agree to the terms and conditions outlined on this
page with respect to our site and services. This Agreement
constitutes the entire and only agreement between us and
you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect
to the website, the content, products or services provided
by or through NearestOutlet, and the subject matter of
this Agreement. This Agreement may be amended at any time
by us from time to time without specific notice to you.
The latest Agreement will be posted on NearestOutlet website,
and you should review this Agreement prior to using our
services.
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