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1. ACCEPTANCE OF TERMS
By using this SalesPitch.mobi site ("Site"), you signify your agreement to all terms, conditions, and notices contained or referenced herein ("Terms of Use"). If you do not agree to these Terms of Use then do not use the Site. CUTLASS, Inc. ("SalesPitch.mobi" or "we") reserve the right, at our discretion at anytime, to update or revise these Terms of Use. You are obliged to review the Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
2. PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by CUTLASS, Inc, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from CUTLASS, Inc is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
As above, the reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Site is strictly prohibited without the express written permission of CUTLASS, Inc. Address commercial requests to followup[at]salespitch.mobi.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Site's registration and payment forms (such information being the "User Registration Data") and (b) maintain and promptly update the User Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or CUTLASS, Inc has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, CUTLASS, Inc shall have the right to suspend or terminate your account and refuse any and all current or future use of the Site or any portion thereof.
4. YOUR ACCOUNT, PASSWORD AND SECURITY
Upon completing Site registration you will receive your password and account information. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all your activities that occur under the password or account. You agree to (a) immediately notify CUTLASS, Inc of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CUTLASS, Inc cannot and will not be liable for any loss or damage arising from lack of your complaince with this section.
5. TERMINATION
CUTLASS, Inc may at its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms of Use agreement may be effected without prior notice, and acknowledge and agree that CUTLASS, Inc may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. You agree that CUTLASS, Inc, at its sole discretion, may terminate your password, account (or any part thereof) and use of the Site, and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if CUTLASS, Inc believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. You agree that CUTLASS, Inc shall not be liable to you or any third-party for any termination of your access to the Site or for your loss of any data or information you have stored on the Site. Should you decide to cancel your account or stop your automatically renewing subscription, you may do so by email to followup[at]salespitch.mobi..
6. YOUR RELATIONS WITH OUR ADVERTISERS AND SPONSORS
Your business dealings with, correspondence with, or participation in promotions of, advertisers and sponsors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that CUTLASS, Inc shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and sponsors on the Site.
7. LINKS
The Site may provide, or third parties may provide, links to other World Wide Web Sites or resources. CUTLASS, Inc has no control over other Sites and resources, you acknowledge and agree that CUTLASS, Inc is not responsible for the availability of other external Sites or resources, and CUTLASS, Inc does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from other Sites or resources. You acknowledge and agree that CUTLASS, Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other Sites or resources.
8. DISCLAIMER
a. Your use of the Site is at your own risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. CUTLASS, Inc. expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of fitness for a particular purpose, merchantability and non-infringement.
b. CUTLASS, Inc. makes no warranty beyond our best efforts that (i.) the Site meets your requirements, (ii.) the Site will be uninterrupted, timely, secure or error free, (iii.) the results obtained from your use of the Site will be accurate or relable, (iv.) the quality of all services, information, products or other material purchased or obtained by you through the Site meet your expectations, and (v.) any errors in the software or data collected and re-transmitted will be corrected.
c. Any information or material downloaded or obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or other computerized device or loss of data resulting from the download of all such material and information.
d. No advice or information, whether written, visual or oral, obtained by you from the Site or CUTLASS, Inc. shall create any warranty not expressly stated in the Terms of Use.
9. LIMITATION OF LIABILITY
You expressly understand and agree that CUTLASS, Inc. shall not be liable for any direct, indrect, incidental, consequential, special or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if CUTLASS, Inc. has been advised of the possibility of such damages, resulting from (i.) your use or inability to use the Site, (ii.) your cost of procurement of substitute data, services and goods resulting from the services, data, goods obtained, purchased, messages received or transactions entered into, through or from the Site, (iii.) unauthorized access to or alteration of your transmissions or data, (iv.) statements or conduct of any third party on the Site, or (v.) all other matters relating to the Site.
10. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of paragraphs 8 and 9 above may not apply to you.
11. INDEMNIFICATION
Upon request by CUTLASS, Inc., you agree to defend, indemnify, and hold harmless CUTLASS, Inc., all of its affiliated companies, partners, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site. CUTLASS, Inc. reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CUTLASS, Inc. in asserting any available defenses.
12. INTERNATIONAL USE
CUTLASS, Inc. makes no representation that information and materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
13. CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the state of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts
for the purpose of litigating any such claim or action.
14. INQUIRIES
SalesPitch.mobi
c/o Cutlass, Inc.
56 Ludlow Street
New York, NY 10002
(212) 388-9121
followup [at] SalesPitch.mobi
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