Website Terms of Use
Last Revised on: December 27, 2021
The website located at www.sellcoinsnearme.com (the “Site”)
is a copyrighted work belonging to Proper Motion, Inc. (“Company”, “us”,
“our”, and “we”). Certain features of the Site may be
subject to additional guidelines, terms, or rules, which will be posted on the
Site in connection with such features. All such additional terms, guidelines,
and rules are incorporated by reference into these Terms.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE
LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY
ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF
YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT
YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON
BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE
THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO
NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE
THE SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON
AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS
ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A
DISPUTE.
1. ACCOUNTS.
1.1 Account Creation. In order to use certain
features of the Site, you must register for an account (“Account”) and provide
certain information about yourself as prompted by the account registration
form. You represent and warrant that: (a) all required registration information
you submit is truthful and accurate; (b) you will maintain the accuracy of such
information. You may delete your Account at any time, for any reason, by
following the instructions on the Site. Company may suspend or terminate your
Account in accordance with Section 8.
1.2 Account Responsibilities. You are responsible for
maintaining the confidentiality of your Account login information and are fully
responsible for all activities that occur under your Account. You agree to
immediately notify Company of any unauthorized use, or suspected unauthorized
use of your Account or any other breach of security. Company cannot and will
not be liable for any loss or damage arising from your failure to comply with
the above requirements.
2. ACCESS TO THE SITE.
2.1 License. Subject to these Terms, Company grants
you a non-transferable, non-exclusive, revocable, limited license to use and
access the Site solely for your own personal, noncommercial use.
2.2 Certain Restrictions. The rights granted to you
in these Terms are subject to the following restrictions: (a) you shall not
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Site, whether in whole or in part, or any content
displayed on the Site; (b) you shall not modify, make derivative works of,
disassemble, reverse compile or reverse engineer any part of the Site; (c) you
shall not access the Site in order to build a similar or competitive website,
product, or service; and (d) except as expressly stated herein, no part of the
Site may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means. Unless otherwise
indicated, any future release, update, or other addition to functionality of
the Site shall be subject to these Terms. All copyright and other proprietary
notices on the Site (or on any content displayed on the Site) must be retained
on all copies thereof.
2.3 Modification. Company reserves the right, at any
time, to modify, suspend, or discontinue the Site (in whole or in part) with or
without notice to you. You agree that Company will not be liable to you or to
any third party for any modification, suspension, or discontinuation of the
Site or any part thereof.
2.4 No Support or Maintenance. You acknowledge and
agree that Company will have no obligation to provide you with any support or
maintenance in connection with the Site.
2.5 Ownership. Excluding any User Content that you
may provide (defined below), you acknowledge that all the intellectual property
rights, including copyrights, patents, trade marks, and trade secrets, in the
Site and its content are owned by Company or Company’s suppliers. Neither these
Terms (nor your access to the Site) transfers to you or any third party any
rights, title or interest in or to such intellectual property rights, except
for the limited access rights expressly set forth in Section 2.1. Company and
its suppliers reserve all rights not granted in these Terms. There are no
implied licenses granted under these Terms.
3. USER CONTENT.
3.1 User Content. “User Content” means any and all
information and content that a user submits to, or uses with, the Site (e.g.,
content in the user’s profile or postings). You are solely responsible for your
User Content. You assume all risks associated with use of your User Content,
including any reliance on its accuracy, completeness or usefulness by others,
or any disclosure of your User Content that personally identifies you or any
third party. You hereby represent and warrant that your User Content does not
violate our Acceptable Use Policy (defined in Section 3.3). You may not
represent or imply to others that your User Content is in any way provided,
sponsored or endorsed by Company. Because you alone are responsible for your
User Content, you may expose yourself to liability if, for example, your User
Content violates the Acceptable Use Policy. Company is not obligated to backup
any User Content, and your User Content may be deleted at any time without
prior notice. You are solely responsible for creating and maintaining your own
backup copies of your User Content if you desire.
3.2 License. You hereby grant (and you represent and
warrant that you have the right to grant) to Company an irrevocable,
nonexclusive, royalty-free and fully paid, worldwide license to reproduce,
distribute, publicly display and perform, prepare derivative works of,
incorporate into other works, and otherwise use and exploit your User Content,
and to grant sublicenses of the foregoing rights, solely for the purposes of
including your User Content in the Site. You hereby irrevocably waive (and
agree to cause to be waived) any claims and assertions of moral rights or
attribution with respect to your User Content.
3.3 Acceptable Use Policy. The following terms
constitute our “Acceptable Use Policy”:
(a) You agree not to use the Site to collect, upload, transmit, display, or
distribute any User Content (i) that violates any third-party right, including
any copyright, trademark, patent, trade secret, moral right, privacy right,
right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful,
invasive of another’s privacy, vulgar, defamatory, false, intentionally
misleading, trade libelous, pornographic, obscene, patently offensive, promotes
racism, bigotry, hatred, or physical harm of any kind against any group or
individual or is otherwise objectionable; (iii) that is harmful to minors in
any way; or (iv) that is in violation of any law, regulation, or obligations or
restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or
through the Site any computer viruses, worms, or any software intended to
damage or alter a computer system or data; (ii) send through the Site
unsolicited or unauthorized advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, or any other form of duplicative or
unsolicited messages, whether commercial or otherwise; (iii) use the Site to
harvest, collect, gather or assemble information or data regarding other users,
including e-mail addresses, without their consent; (iv) interfere with,
disrupt, or create an undue burden on servers or networks connected to the
Site, or violate the regulations, policies or procedures of such networks; (v)
attempt to gain unauthorized access to the Site (or to other computer systems
or networks connected to or used together with the Site), whether through
password mining or any other means; (vi) harass or interfere with any other
user’s use and enjoyment of the Site; or (vi) use software or automated agents
or scripts to produce multiple accounts on the Site, or to generate automated
searches, requests, or queries to (or to strip, scrape, or mine data from) the
Site (provided, however, that we conditionally grant to the operators of public
search engines revocable permission to use spiders to copy materials from the
Site for the sole purpose of and solely to the extent necessary for creating
publicly available searchable indices of the materials, but not caches or
archives of such materials, subject to the parameters set forth in our
robots.txt file).
3.4 Enforcement. We reserve the right (but have no
obligation) to review any User Content, and to investigate and/or take
appropriate action against you in our sole discretion if you violate the
Acceptable Use Policy or any other provision of these Terms or otherwise create
liability for us or any other person. Such action may include removing or
modifying your User Content, terminating your Account in accordance with
Section 8, and/or reporting you to law enforcement authorities.
3.5 Feedback. If you provide Company with any
feedback or suggestions regarding the Site (“Feedback”), you hereby assign to
Company all rights in such Feedback and agree that Company shall have the right
to use and fully exploit such Feedback and related information in any manner it
deems appropriate. Company will treat any Feedback you provide to Company as
non-confidential and non-proprietary. You agree that you will not submit to
Company any information or ideas that you consider to be confidential or
proprietary.
4. INDEMNIFICATION.
You agree to indemnify and hold Company (and its officers,
employees, and agents) harmless, including costs and attorneys’ fees, from any
claim or demand made by any third party due to or arising out of (a) your use
of the Site, (b) your violation of these Terms, (c) your violation of
applicable laws or regulations or (d) your User Content. Company reserves the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to cooperate
with our defense of these claims. You agree not to settle any matter without
the prior written consent of Company. Company will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware of it.
5. THIRD-PARTY LINKS & ADS; OTHER USERS.
5.1 Third-Party Links & Ads. The Site may contain
links to third-party websites and services, and/or display advertisements for
third parties (collectively, “Third-Party Links & Ads”). Such
Third-Party Links & Ads are not under the control of Company, and Company
is not responsible for any Third-Party Links & Ads. Company provides access
to these Third-Party Links & Ads only as a convenience to you, and does not
review, approve, monitor, endorse, warrant, or make any representations with
respect to Third-Party Links & Ads. You use all Third-Party Links & Ads
at your own risk, and should apply a suitable level of caution and discretion
in doing so. When you click on any of the Third-Party Links & Ads, the
applicable third party’s terms and policies apply, including the third party’s
privacy and data gathering practices. You should make whatever investigation
you feel necessary or appropriate before proceeding with any transaction in
connection with such Third-Party Links & Ads.
5.2 Other Users. Each Site user is solely responsible
for any and all of its own User Content. Because we do not control User
Content, you acknowledge and agree that we are not responsible for any User
Content, whether provided by you or by others. We make no guarantees regarding
the accuracy, currency, suitability, or quality of any User Content. Your
interactions with other Site users are solely between you and such users. You
agree that Company will not be responsible for any loss or damage incurred as
the result of any such interactions. If there is a dispute between you and any
Site user, we are under no obligation to become involved.
5.3 Release. You hereby release and forever discharge
the Company (and our officers, employees, agents, successors, and assigns)
from, and hereby waive and relinquish, each and every past, present and future
dispute, claim, controversy, demand, right, obligation, liability, action and
cause of action of every kind and nature (including personal injuries, death,
and property damage), that has arisen or arises directly or indirectly out of,
or that relates directly or indirectly to, the Site (including any interactions
with, or act or omission of, other Site users or any Third-Party Links &
Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE
SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6. DISCLAIMERS.
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS,
AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS)
MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE
ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE,
RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF
APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH
WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST
USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
7. LIMITATION ON LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST
PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES
ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE,
THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER
SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES
ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A
MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM
WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO
LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
8. TERM AND TERMINATION.
Subject to this Section, these Terms will remain in full
force and effect while you use the Site. We may suspend or terminate your
rights to use the Site (including your Account) at any time for any reason at
our sole discretion, including for any use of the Site in violation of these
Terms. Upon termination of your rights under these Terms, your Account and
right to access and use the Site will terminate immediately. You understand
that any termination of your Account may involve deletion of your User Content
associated with your Account from our live databases. Company will not have any
liability whatsoever to you for any termination of your rights under these
Terms, including for termination of your Account or deletion of your User
Content. Even after your rights under these Terms are terminated, the following
provisions of these Terms will remain in effect: Sections 2.2 through 2.5,
Section 3 and Sections 4 through 10.
9. COPYRIGHT POLICY.
Company respects the intellectual property of others and
asks that users of our Site do the same. In connection with our Site, we have
adopted and implemented a policy respecting copyright law that provides for the
removal of any infringing materials and for the termination, in appropriate
circumstances, of users of our online Site who are repeat infringers of
intellectual property rights, including copyrights. Send inquiries to the
contact information in Section 10.8.
10. GENERAL.
10.1 Changes. These Terms are subject to occasional
revision, and if we make any substantial changes, we may notify you by sending
you an e-mail to the last e-mail address you provided to us (if any), and/or by
prominently posting notice of the changes on our Site. You are responsible for
providing us with your most current e-mail address. In the event that the last
e-mail address that you have provided us is not valid, or for any reason is not
capable of delivering to you the notice described above, our dispatch of the
e-mail containing such notice will nonetheless constitute effective notice of
the changes described in the notice. Any changes to these Terms will be
effective upon the earlier of thirty (30) calendar days following our dispatch
of an e-mail notice to you (if applicable) or thirty (30) calendar days
following our posting of notice of the changes on our Site. These changes will
be effective immediately for new users of our Site. Continued use of our Site
following notice of such changes shall indicate your acknowledgement of such
changes and agreement to be bound by the terms and conditions of such changes.
10.2 Dispute Resolution. Please read this Arbitration
Agreement carefully. It is part of your contract with Company and affects your
rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A
CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and
disputes (excluding claims for injunctive or other equitable relief as set
forth below) in connection with the Terms or the use of any product or service
provided by th e Company that cannot be resolved informally or in small claims
court shall be resolved by binding arbitration on an individual basis under the
terms of this Arbitration Agreement. Unless otherwise agreed to, all
arbitration proceedings shall be held in English. This Arbitration Agreement
applies to you and the Company, and to any subsidiaries, affiliates, agents,
employees, predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of services or goods provided
under the Terms.
(b) Notice Requirement and Informal Dispute Resolution.
Before either party may seek arbitration, the party must first send to the
other party a written Notice of Dispute (“Notice”) describing the nature and
basis of the claim or dispute, and the requested relief. A Notice to the
Company should be sent to: 1305 Central Avenue Apt.#225, Charlotte, NC 28205.
After the Notice is received, you and the Company may attempt to resolve the
claim or dispute informally. If you and the Company do not resolve the claim or
dispute within thirty (30) days after the Notice is received, either party may
begin an arbitration proceeding. The amount of any settlement offer made by any
party may not be disclosed to the arbitrator until after the arbitrator has
determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated
through the American Arbitration Association (“AAA”), an established
alternative dispute resolution provider (“ADR Provider”) that offers
arbitration as set forth in this section. If AAA is not available to arbitrate,
the parties shall agree to select an alternative ADR Provider. The rules of the
ADR Provider shall govern all aspects of the arbitration, including but not
limited to the method of initiating and/or demanding arbitration, except to the
extent such rules are in conflict with the Terms. The AAA Consumer Arbitration
Rules (“Arbitration Rules”) governing the arbitration are available online at
www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be
conducted by a single, neutral arbitrator. Any claims or disputes where the
total amount of the award sought is less than Ten Thousand U.S. Dollars (US
$10,000.00) may be resolved through binding non-appearance-based arbitration,
at the option of the party seeking relief. For claims or disputes where the
total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00)
or more, the right to a hearing will be determined by the Arbitration Rules.
Any hearing will be held in a location within 100 miles of your residence,
unless you reside outside of the United States, and unless the parties agree
otherwise. If you reside outside of the U.S., the arbitrator shall give the
parties reasonable notice of the date, time and place of any oral hearings. Any
judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction. If the arbitrator grants you an award that is greater
than the last settlement offer that the Company made to you prior to the
initiation of arbitration, the Company will pay you the greater of the award or
$2,500.00. Each party shall bear its own costs (including attorney’s fees) and
disbursements arising out of the arbitration and shall pay an equal share of
the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration.
If non-appearance based arbitration is elected, the arbitration shall be
conducted by telephone, online and/or based solely on written submissions; the
specific manner shall be chosen by the party initiating the arbitration. The
arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or the Company pursue arbitration,
the arbitration action must be initiated and/or demanded within the statute of
limitations (i.e., the legal deadline for filing a claim) and within any
deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated,
the arbitrator will decide the rights and liabilities, if any, of you and the
Company, and the dispute will not be consolidated with any other matters or
joined with any other cases or parties. The arbitrator shall have the authority
to grant motions dispositive of all or part of any claim. The arbitrator shall
have the authority to award monetary damages, and to grant any non-monetary
remedy or relief available to an individual under applicable law, the AAA
Rules, and the Terms. The arbitrator shall issue a written award and statement
of decision describing the essential findings and conclusions on which the
award is based, including the calculation of any damages awarded. The
arbitrator has the same authority to award relief on an individual basis that a
judge in a court of law would have. The award of the arbitrator is final and
binding upon you and the Company.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF
A JUDGE OR A JURY, instead electing that all claims and disputes shall be
resolved by arbitration under this Arbitration Agreement. Arbitration
procedures are typically more limited, more efficient and less costly than
rules applicable in a court and are subject to very limited review by a court.
In the event any litigation should arise between you and the Company in any state
or federal court in a suit to vacate or enforce an arbitration award or
otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead
electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND
DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR
LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE
THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR
CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration
proceeding, including but not limited to the award of the arbitrator and
compliance therewith, shall be strictly confidential. The parties agree to
maintain confidentiality unless otherwise required by law. This paragraph shall
not prevent a party from submitting to a court of law any information necessary
to enforce this Agreement, to enforce an arbitration award, or to seek
injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable by a court of competent
jurisdiction, then such specific part or parts shall be of no force and effect
and shall be severed and the remainder of the Agreement shall continue in full
force and effect.
(k) Right to Waive. Any or all of the rights and limitations
set forth in this Arbitration Agreement may be waived by the party against whom
the claim is asserted. Such waiver shall not waive or affect any other portion
of this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will
survive the termination of your relationship with Company.
(m) Small Claims Court. Notwithstanding the foregoing,
either you or the Company may bring an individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the
foregoing, either party may seek emergency equitable relief before a state or
federal court in order to maintain the status quo pending arbitration. A
request for interim measures shall not be deemed a waiver of any other rights
or obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration. Notwithstanding the
foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act,
and infringement or misappropriation of the other party’s patent, copyright,
trademark or trade secrets shall not be subject to this Arbitration Agreement.
(p) Courts. In any circumstances where the foregoing
Arbitration Agreement permits the parties to litigate in court, the parties
hereby agree to submit to the personal jurisdiction of the courts located
within Mecklenberg County, North Carolina, for such purpose.
10.3 Export. The Site may be subject to U.S. export
control laws and may be subject to export or import regulations in other
countries. You agree not to export, reexport, or transfer, directly or
indirectly, any U.S. technical data acquired from Company, or any products
utilizing such data, in violation of the United States export laws or
regulations.
10.4 Disclosures. Company is located at the address
in Section 10.8. If you are a California resident, you may report complaints to
the Complaint Assistance Unit of the Division of Consumer Product of the
California Department of Consumer Affairs by contacting them in writing at 400
R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
10.5 Electronic Communications. The communications
between you and Company use electronic means, whether you use the Site or send
us emails, or whether Company posts notices on the Site or communicates with
you via email. For contractual purposes, you (a) consent to receive communications
from Company in an electronic form; and (b) agree that all terms and
conditions, agreements, notices, disclosures, and other communications that
Company provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were be in a hardcopy writing. The foregoing
does not affect your non-waivable rights.
10.6 Entire Terms. These Terms constitute the entire
agreement between you and us regarding the use of the Site. Our failure to
exercise or enforce any right or provision of these Terms shall not operate as
a waiver of such right or provision. The section titles in these Terms are for
convenience only and have no legal or contractual effect. The word “including”
means “including without limitation”. If any provision of these Terms is, for
any reason, held to be invalid or unenforceable, the other provisions of these
Terms will be unimpaired and the invalid or unenforceable provision will be
deemed modified so that it is valid and enforceable to the maximum extent
permitted by law. Your relationship to Company is that of an independent
contractor, and neither party is an agent or partner of the other. These Terms,
and your rights and obligations herein, may not be assigned, subcontracted,
delegated, or otherwise transferred by you without Company’s prior written
consent, and any attempted assignment, subcontract, delegation, or transfer in
violation of the foregoing will be null and void. Company may freely assign
these Terms. The terms and conditions set forth in these Terms shall be binding
upon assignees.
10.7 Copyright/Trademark Information. Copyright ©
2022 Proper Motion, Inc. All rights reserved. All trademarks, logos and service
marks (“Marks”) displayed on the Site are our property or the property of other
third parties. You are not permitted to use these Marks without our prior
written consent or the consent of such third party which may own the Marks.
10.8 Contact Information:
Proper Motion
Address: 401 Hawthorne Ln, Ste 110-323, Charlotte, NC 28204
Telephone: (917) 740-8057
Email: info@sellcoinsnearme.com