Confirmco Corp.
Terms of Registration
This Agreement ("Agreement") is by and between Confirmco Corp., Inc. ("Confirmco Corp.") a Florida corporation and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Your Registration with Confirmco Corp. (“Registration”) and explains Confirmco Corp.’s obligations to You and Your obligations to Confirmco Corp. in relation to the Registration.
NOW THEREFORE, each of the covenants, agreements, terms and conditions hereinafter set forth, and in consideration of the provisions hereof, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto do hereby covenant and agree as follows:
1. TERM OF AGREEMENT; TERMINATION; MODIFICATIONS. The obligations of the parties herein shall commence as of the date of this Agreement and shall continue, unless sooner terminated as provided herein, for a period of one (1) year hereafter, (“initial Term”), and shall thereafter be renewed for successive one (1) year term, (the “Renewal Term”), unless either party shall give notice of termination to the other party at least thirty (30) days in advance of the end of the Initial Term or at the end of each successive one year Renewal Term, unless sooner terminated as provided herein.The Initial Term and Renewal Term are collectively referred to herein as the “Term.” You agree that You are solely liable for assuring that Your Registration is renewed, and that Confirmco Corp. shall not be liable to You or any third party if it is unable to renew Your Registration.
Except as otherwise provided herein, this Agreement may be terminated with or without cause upon thirty (30) days written notice by either Party.
You agree that Confirmco Corp. may modify this Agreement and the Registration from time to time. You agree to be bound by any changes Confirmco Corp. may reasonably make to this Agreement when such changes are made. Confirmco Corp. will notify You of any changes pursuant to the notice provisions herein.
2. ACCURATE INFORMATION. You agree to maintain accurate information by providing updates to Confirmco Corp., as needed, while You are using Confirmco Corp.’s Registration. You agree You will notify Confirmco Corp. within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Confirmco Corp. to determine the validity of information provided by You will constitute a material breach of this Agreement.
You agree that Confirmco Corp. may use and rely on any such information provided by You for all purposes in connection with Your Registration, subject to Confirmco Corp.’s Privacy Policy. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Confirmco Corp. has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Confirmco Corp. has the absolute right, in its sole discretion, to terminate Your Registration.
3. PRIVACY. You can view Confirmco Corp.’s Privacy Policy at our website www.confirmco.com, which is incorporated herein by reference, as it is applicable to Your Registration. The Privacy Policy provides Your rights and Company’s responsibilities with regard to Your personal information. Company will not use Your information in anyway inconsistent with the purposes and limitations provided in the Privacy Policy.
4. REGISTRATION SECURITY. You agree You are entirely responsible for maintaining the confidentiality of Your login, and password, (collectively, the "Access Information"). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Confirmco Corp. immediately of any unauthorized use of Your account or any other breach of security. You agree Confirmco Corp. will not be liable for any loss that You may incur as a result of someone else using Your Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Confirmco Corp. or another party due to someone else using Your Access Information. For security purposes, You should keep Access Information in a secure location and take precautions to prevent others from gaining access to Your Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Confirmco Corp. specifically disclaims liability for any activity in Your account, whether authorized by You or not.
5. NO UNLAWFUL CONDUCT OR IMPROPER USE. As a condition of Your Registration, You agree not to this registration for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. Confirmco Corp. reserves the right at all times to disclose any information as Confirmco Corp. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Confirmco Corp.'s sole discretion. Confirmco Corp. has no obligation to monitor Your use of Registration services. Confirmco Corp. reserves the right to review Your use of the Registration services and to cancel the Registration in its sole discretion.
6. INTELLECTUAL PROPERTY. You agree that Confirmco Corp. or its licensor holds all rights, title and interest in all Registrations and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You. You understand and agree that all content and materials contained in any policies, the Confirmco Corp. website, and any affiliated websites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Confirmco Corp. or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Confirmco Corp. or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
7. REPRESENTATIONS AND WARRANTIES. You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. Confirmco Corp. expressly reserves the right to deny or cancel any Registration that it deems necessary, in its discretion, to protect the integrity of Confirmco Corp., to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Confirmco Corp., as well as its affiliates, subsidiaries, officers, directors and employees. Confirmco Corp.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL Confirmco Corp. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES associated with your registration, language or descriptions pritned on the Confirmco Corp. website or your profile, EVEN IF CONFIRMCO CORP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Confirmco Corp.’s liability is limited to the full extent permitted by law. You agree that in no event shall Confirmco Corp. ’s maximum aggregate liability exceed the total amount paid by You for the Registration purchased from Confirmco Corp.
9. DISCLAIMER OF WARRANTIES. Confirmco Corp. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Registrations are provided on an "As Is" and "As Available" basis. Confirmco Corp. makes no warranty that its Registration will meet your requirements, or that the Registration will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Confirmco Corp. does not warrant, nor make any representations regarding the use, or results of, any of the Registrations it provides, in terms of any correctness, accuracy, reliability, or otherwise, especially as to the company profile on our website.
Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.
10. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Confirmco Corp. and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your Registration with Confirmco Corp. whether or not on Your behalf, and whether or not with Your permission) use of Your Registration You obtained from Confirmco Corp. or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Confirmco Corp. harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You. This indemnification is in addition to any indemnification required of You elsewhere. You agree to cooperate fully with Confirmco Corp. during any enforcement of this provision.
11. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY. This agreement shall be deemed entered into in the State of Florida. You agree that the laws and judicial decisions of Broward County, Florida, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Broward County, Florida. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
12. NOTICES. You agree that all notices (except for notices concerning breach of this Agreement) from Confirmco Corp. to You may be posted on our website. Notices concerning breach will be sent either to the email or postal address You have on file with Confirmco Corp. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to Confirmco Corp. shall be made by U.S. Certified Mail, sent to the address provided on the Confirmco Corp. website.
13. ENTIRE AGREEMENT. You agree that this Agreement together with all modifications thereto including the policies and agreements it refers to constitute the complete and only Agreement between You and Confirmco Corp. regarding the Registration addressed herein.
14. SEVERABILITY. You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect
15. WAIVER. The failure of Confirmco Corp. to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Confirmco Corp. thereafter to enforce such provisions.
16. EMAIL CONTACT. You agree to receive emails from Confirmco Corp. advertising its services. If you choose not receive advertising emails from Confirmco Corp., a removal option will be provided with each advertisment email. The removal option will NOT affect emails regarding your registration.
17. TECHNICAL FAILURES. Confirmco Corp. will make every effort to keep its website and Your profile operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Confirmco Corp. liable for any of the consequences of such interruptions.