Euphero Services Agreement
This Agreement (the "Agreement") governs the Euphero products and services that are described below and that you selected to purchase or signup for within the registration pages. As used in this Agreement, the terms "we" and "our" shall refer to Euphero. By clicking through the pages with Euphero.com and its affiliate sites, you agree that you will be bound by this Agreement.
1. Definitions.
"Content" shall mean: (a) any content you provide to Euphero in connection with the our products and services offered, including, but not limited to, images, text, graphics, photographs, links, animation, audio works, and audiovisual works, and (b) any content, including, but not limited to, images, text, graphics, photographs, links, animation, audio works, and audiovisual works, on your Web Site.
"Euphero" shall mean Euphero.com, its parent, affiliates, subsidiaries, and any successors and assigns.
"Euphero Network" shall mean all sites owned or controlled by Euphero or its wholly-owned subsidiaries. A partial list of the network sites can be viewed at the following url:
"Subscription" shall mean your commitment to signup for, or purchase a product or service from Euphero.
"Third Party Provider(s)" shall mean third parties that provide services in connection with the Euphero products and services offered on the site.
"Third Party Catalogs" shall mean search indexes owned or operated by third parties in which You wish to include Your Web Site and inclusion in which Euphero may provide.
"Web Site" shall mean the URL(s) and associated pages submitted by you during the registration process.
2. Euphero Products and Services Description.
2.1 Subject to the terms and conditions of this Agreement, Euphero will provide the products and services through which you may purchase human pheromone products, affiliate subscriptions and/or newsletter and contest drawings.
2.2 Euphero reserves the right to modify the Euphero products and services at any time. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT EUPHERO MAY CHANGE THE FEATURES OF PARTICULAR SERVICES PACKAGES FROM TIME TO TIME. We will notify you of any material change to the Euphero products and services in accordance with Section 23 of this Agreement. If you are dissatisfied with any modification to Euphero products and/or services, your sole remedy will be to terminate yur relations with Euphero in the manner described in this Agreement.
2.3 Below is a non-exhaustive list of reasons why your Affiliate Subscription or Web Site may be terminated. If your Web Site contains Content or pages that, or you solicit email that contain the following your subscription will be terminated:
* Violate the Submission Guidelines;
* Constitute "spam" or attempt to deliberately interfere with relevancy algorithms;
* Are not accessible by our spiders because of passwords or other protective technology;
* Contain symbols in the URLs;
* Are not easily read, either because it is too small or is obscured by the background of the page;
* Contains java-enabled pages or Content, and/or Iframes;
* Are off-topic or include excessive keywords;
* Are machine-generated pages with minimal or no Content, are intended to induce a user to click to another page, or contain only links to other pages;
* Are "under construction" or include pages or links that are not functioning;
* Contain Content, links, products, services or other information that are illegal;
* Contain Content, links, products, services or other information that Euphero, in its sole discretion, believes is inflammatory, offensive, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;
* Contain Content, links, products, services or other information that infringes on any rights of any third party or Euphero, including, but not limited to, intellectual property rights, or regarding which Euphero receives a notice of an act of copyright infringement in compliance with the notice requirements of the Digital Millennium Copyright Act of 1998; and
* Contain Content or links regarding which Euphero receives a court order or other judicial or governmental request or action, or other legal process.
3. General Payment Terms
3.1 You agree to pay for the products on time and in full at the point of purchase via major credit card or PayPal service.
3.2 You agree that the credit card information you provide corresponds to an account that you are authorized to use.
3.3 Except as described herein, ALL PRODUCT FEES LESS SHIPPING CHARGES ARE REFUNDABLE WITHIN 30 DAYS FROM THE POINT OF PURCHASE DATE. You acknowledge that if you purchase products and services from Euphero you are bound to the formal return policy found at this URL: http://www.euphero.com/pheromone-return-policy.html.
3.4 You are responsible for payment of all taxes and duties relating to purchases and services you have purchased, including, without limitation, all sales, use, transfer, privilege, and excise taxes and duties, whether national, international, state, or local, however designated. If you sell any products or services through your Web Site as an Affiliate, you shall be responsible for all taxes and duties associated with the sale of such products or services, whether such taxes or duties be national, international, state, or local, however designated.
4. Representations and Warranties. You make the following representations and warranties:
4.1 That you are 18 years of age or older and that you will be the person using Euphero.com pursuant to this Agreement.
4.2 That the information you provide to Euphero when registering for purchases is true, complete, and accurate, and that you will ensure that such information remains true, complete and accurate.
5. Privacy. You agree that you have reviewed the Euphero Privacy Policy (located at the URL http://www.euphero.com/cart/customer/help.php?section=business) and agree to its terms.
6. Changes. You agree that Euphero has the right to modify this Agreement at any time with prior notice pursuant to Section 23.
7. Force Majeure. In the event that Euphero is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss or fluctuations in heat, light, or air conditioning, then Euphero's performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.
8. Relationship of Parties. Euphero and its users are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to this Agreement has authority to enter into agreements of any kind on behalf of the other, and neither party shall be considered the agent of the other.
9. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter contained in these terms and conditions and merges all prior discussions between them, and neither of the parties shall be bound by any conditions, definitions, warranties, understandings or representations with respect to such subject matter other than as expressly provided herein.
10. Legal Notices. All legal notices or communications pursuant to this Agreement shall be deemed delivered upon receipt by the party to whom such communication is directed, at the following addresses: (a) if to Euphero, such notices shall be addressed to Euphero, 21055 NE 37th Ave. Suite 810, Aventura, FL and (b) if to user, such notices shall be addressed to the electronic mail address provided by user upon registration. It shall be the user's sole obligation to maintain a current electronic mail address in his or her registration information. In the event that the user fails to supply an accurate working electronic mail address or fails to update such information after changing electronic mail addresses, all notices to the user shall be deemed to have been received within one (1) day after transmission or attempted transmission to the address supplied by the user.
11. Parental Controls. Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such material, a number of parental control protections (such as computer hardware, software, and filtering services) are commercially available. For more information on such parental control protections, click on this http://www.euphero.com/cart/customer/help.php?section=business link.
12. Press Releases. Any and all press releases and other public announcements related to Euphero or use of the Euphero's product or services must be approved in advance by Euphero in writing. Euphero reserves the right, in its sole discretion, to withhold approval of any public announcement.
Version 1.0
Last Updated: October 2005
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