Terms of Use for Passport500, LLC

Terms of Use, effective: 11/1/18

By using Passport500’s website, the following terms and conditions (the “Terms of Use“) form a binding agreement between you and Passport500, LLC (“us” or “we“). The Terms of Use govern your use of the website, orders, and subscriptions (collectively, the “Services“).

Passport500 reserves the right to change the Terms of Use at any time. If we change the Terms of Use, you will be notified through a notice placed on our website or by sending you an email. If you do not agree to the new Terms of Use, stop using the Services immediately. By using the Services after a change in the Terms of Use becomes effective, you agree to be bound by the new Terms of Use.

Use of the Services

You may only use the Services if you are of legal age to form a binding contract. If you are under the legal age to form a binding contract, you must have your parent or legal guardian’s permission to use the website. If you are using the Services on behalf of an entity, you represent and warrant that you have the authority to bind the entity to these Terms of Use and you agree to be bound by these Terms of Use on behalf of that entity.

You agree to use the Services only for your own personal, noncommercial use and not on behalf of or for the benefit of any third party, and you will not share your password with anyone. You agree that any activity associated with your account will be your responsibility.

You further agree that you will not provide any content or use the Services in a manner that:

  • Violates any law, including the property and intellectual property rights of any person;
  • Places a Passport500 account in jeopardy or attempts to obtain account information from or of another user;
  • Violates the security of a computer network; or
  • Runs any form of auto-responder or spam mail on the Services or otherwise interferes with the property working of the Services, or uses “deep-link,” “page-scrape,” “robot,” “spider” or any other program or process.

If you violate any of the foregoing, Passport500 may terminate your right to access or use the Services.

Content

The text, graphics, data, articles, photos, illustrations, and other materials displayed or available through the Services (collectively, “Our Content“) are protected by copyright and/or other intellectual property laws. You must abide by all copyright notices, trademark rules, information, and restrictions contained in Our Content. You will not display, reproduce, transmit, modify, or otherwise exploit content not owned by you without the prior consent of the owner of Our Content or in a way that violates another person’s rights, including ours.

Any posts, uploads, shares, or other method of providing data through the Services (collectively, “Your Content“) are your own. You hereby grant Passport500 a worldwide, non-exclusive, perpetual, royalty-free license to use, reproduce, share, transmit, print, publish, publicly display, exhibit, distribute, copy, modify, sublicense, translate, create derivative works of, publicly perform, and otherwise exploit Your Content for any purpose. By granting us a license, we do not claim ownership of Your Content. You also grant us the right to use your display name and photograph with any of Your Content.

All information or content publicly or privately transmitted through the Services is the sole responsibility of the person from whom such content originated. You are responsible for all content you contribute.

Privacy [This could be included in the separate privacy policy.]

When you visit our website, the information you share with use will be treated confidentially and will not be disclosed to anyone outside of Passport500. We may use the information you provide us to send you special offers. Information provided for your purchase (including billing name, billing address, telephone number, and email address) will not be shared or sold to anyone outside of Passport500. Payment information (including credit card numbers and expiration dates) is treated confidentially and will not be shared with anyone except the financial institutions used to process payments.

Sales

All sales by Passport500 are final, and therefore no returns and no substitutions are permitted. Passport500 may, in its sole discretion, substitute substantially functionally similar products as well as refuse a cancellation request. We will deliver products to a common carrier for shipment, at which time we are no longer responsible for any damage to a product. For products that are damaged or incomplete, we may offer refunds or replacements in our sole discretion.

You agree that any payment details provided by you for the Services are correct and accurate and that you are a lawful owner or user of the payment card.

Prices exclude all sales, value added, and other taxies and duties imposed with respect to the sale, delivery, or use of the Services, all of which taxes and duties must be paid by you. Passport500 may charge you for any taxes believed to be required to pay or collect for your purchase.

Warranty Disclaimer

The services are provided on an “as is” basis and the use of the Services are at your own risk. Passport 500 makes no representations or warranties, either express or implied. Passport500, our affiliates, agents, and licensors cannot and do not warrant the accuracy, completeness, noninfringement, merchantability, or fitness of any information contained on this site. Passport500’s Services are provided “as is” without warranty of any kind, either express or implied, including any warranties of merchantability, fitness for a particular use or purpose, noninfringement, quite enjoyment, accuracy, or that use of the Services will be uninterrupted. You expressly agree that your use of the Services and products purchased through the Services is at your sole risk.

Limitation of Liability

To the fullest extent allowable by law, under no circumstances and under no legal theory shall Passport500 (or our licensors or suppliers) be liable to you or to any other person for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, use, data, opportunities, or business interruptions. If you are dissatisfied with the Services in any way, your sole and exclusive remedy is to discontinue use of the Services. THE AGGREGATE LIABILITY OF PASSPORT500 AND RELATED ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES IS LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED AND SHALL NOT EXCEED THE LESSER OF (a) $100, or (b) the total amount you have paid to Passport500 in connection with the Services or products that are the subject of your claim.

Indemnity

You agree to indemnify, defend, and hold harmless Passport500, our affiliates, officers, agents, employees, consultants, and partners from and against any and all third party claims, liabilities, damages, losses, costs, expenses, and fees arising from or in any way related to your use of the Services, your violation of these Terms of Use, your violation of the rights of another person or entity, any content, information, or materials you upload to the Services, or any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots, or other similar harmful or deleterious programming routines you put into the Services.

Dispute Resolution

You agree that the Terms of Use are governed by and will be construed under the laws of the State of Kansas, without regard to the conflicts of law provisions thereof. All claims and disputes in connection with the Terms of Use or the use of the Services that cannot be resolved informally or through small claims court will be resolved by binding arbitration on an individual basis. YOU FURTHER AGREE TO ARBITRATE ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A REPRESENTATIVE MEMBER OF A CLASS OR IN ANY CONSOLIDATED OR REPRESENTATIVE PROCEEDING. yOU MAY NOT JOIN YOUR CLAIMS WITH ANY OTHER CLAIMS WITHOUT THE CONSENT OF ALL PARTIES, AND THERE SHALL BE NO AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED on behalf of a purported class or as a purported class representative. 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.

Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Passport500 regarding your use of the Services. You may not assign, delegate, or transfer the Terms of Use or your rights or obligations hereunder without our prior written consent. We may assign, delegate, or transfer the Terms of Use and our rights and obligations without your consent.

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