Terms of Use :: 1st Approach 1-800-307-8816

WEB SITE TERMS OF USE AGREEMENT

1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Web Site Terms of Use Agreement "Agreement" with respect to our site the "Site" . Each time you access this Site, you confirm your agreement to abide by this Agreement. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us, and we will provide reasonable prior notice to you before any such amendments are implemented. The latest Agreement will be posted on the Site and you should review this Agreement prior to each time that you use the Site.

2. Internet Access Fees and Telephone Charges. You agree to be solely responsible for any telephone charges, Internet access fees, and other such similar fees and expenses you incur by accessing your account through this Site. Please note that these fees may be assessed and billed separately by your online service provider or phone company.

3. Termination. We reserve the right to terminate this Agreement and your access to this Site, in whole or in part, at any time and for any or no reason.

4. Questions or Concerns Regarding Site. In the event you have a question or concerns regarding the Site, you should notify us via email by using the contact form.

5. Intellectual Property Rights. You hereby acknowledge and agree that as between you and 1st Approach, 1st Approach exclusively owns all worldwide right, title and interest in and to all contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other matters included within the Site and related to the Site collectively "Materials" , and all modifications and derivative works thereof, and all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto. The copying, redistribution, use or publication by you of any of the Materials or any part of the Site, is strictly prohibited. You do not acquire any ownership rights to any of the Materials. Our posting of information or materials on the Site does not constitute a waiver of any of 1st Approach rights in such Materials.

6. Trademarks. You hereby acknowledge and agree that “1st Approach”, “1st Approach”, and other 1st Approach marks on the Site are either trademarks or service marks of 1st Approach and shall remain the exclusive property of 1st Approach. Other product and company names mentioned on the Site may be trademarks of their respective owners.

7. Limited Right to Use. You may use this Site solely for your own personal use and not for republication, distribution, assignment, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, now known or hereafter devised, other than for your personal use but not for resale or redistribution .

8. Indemnity. You agree to indemnify, defend and hold harmless 1st Approach and each of their officers, directors, shareholders, employees, partners, sponsors, agents, attorneys, representatives, subsidiaries, affiliates, successors and assigns collectively "Affiliated Parties" from all liabilities, losses, damages, claims and expenses, including reasonable attorneys' fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to a) your breach or violation of this Agreement, b) your use of the Site, c) any transactions or other activities you engage in with any third party service providers, third party merchant sites "Merchants" , or other third parties who are part of our affiliate program or who you access by or through this Site, d) your infringement or violation of the intellectual property or other rights of third parties, and/or e) your negligence or willful misconduct. In the event, you fail to promptly indemnify and defend such claims and/or pay 1st Approach’s expenses , as provided above, we shall have the right to defend itself, and in that case, you shall reimburse 1st Approach for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty 30 days of each of 1st Approach’s written requests.

9. No Warranty. ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, ARE HEREBY EXPRESSLY DISCLAIMED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF A COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE . YOU UNDERSTAND AND AGREE THAT THE INFORMATION AND SERVICES ON THIS SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. 1st Approach HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE PROVIDED OR PURCHASES OF PRODUCTS VIA THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALTHOUGH WE HAVE TAKEN MEASURES TO PROVIDE SECURITY FOR COMMUNICATIONS FROM YOU TO 1st Approach VIA THIS SITE AND MAY HAVE REFERRED TO SUCH COMMUNICATION AS "SECURED," 1st Approach CANNOT AND DOES NOT PROVIDE ANY GUARANTY OR WARRANTY OF SUCH SECURITY.

10. Disclaimer and Limits. EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NEITHER WE NOR THE SERVICE PROVIDERS AFFILIATED WITH THE SITE SHALL BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY THE EQUIPMENT, SOFTWARE, 1st Approach,. OR BY INTERNET BROWSER PROVIDERS SUCH AS NETSCAPE OR MICROSOFT, OR BY INTERNET ACCESS PROVIDERS OR BY ONLINE SERVICE PROVIDERS OR BY AN AGENT OR SUBCONTRACTOR OF THE FOREGOING. NOR SHALL 1st Approach, OR THE THIRD PARTY SERVICE PROVIDERS BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT INCLUDING NEGLIGENCE STRICT LIABILITY OR OTHERWISE, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, THE BREACH THEREOF, THE INSTALLATION, DOWNLOAD, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, SERVICES, OR INTERNET BROWSERS OR ACCESS SOFTWARE, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, THE RESULTS GENERATED FROM THIS USE OF THE SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS HOWEVER CHARACTERIZED AND/OR FROM ANY OTHER CAUSE WHATSOEVER. YOU FURTHER AGREE THAT EACH AND EVERY PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES IS EXPRESSLY INTENDED TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISIONS SINCE THESE PROVISIONS REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE PARTIES AND SHALL BE SEPARATELY ENFORCED. THIS SITE AND THE INFORMATION HEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

11. Third-Party Services. We allow access to or advertise for Merchants from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, product performance and warranties, billing and customer service. We are not a party to the transactions entered into between you and any Merchants. You agree that your use of such Merchants is AT YOUR OWN RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND ANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

12. Third-Party Merchant Policies. All rules, policies including privacy policies and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. In addition, 1st Approach has no liability to you in the event a product is listed at an incorrect price due to typographical errors in pricing information. Merchants shall be solely responsible for pricing and errors in pricing. Merchants shall have the sole right to refuse or cancel any orders placed for product listed at the incorrect price. Merchants shall also have the sole right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

13. Privacy Policy. Our Privacy Policy, as it may change from time to time, is hereby incorporated by reference herein and shall be deemed a part of this Agreement for all interests and purposes.

14. Links to Other Web Sites. The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us, nor do we maintain any editorial or other control over such web sites. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so solely at your own risk.

15. Miscellaneous. This Site excluding linked sites is controlled by 1st Approach from its offices within the United States of America. Those who choose to access this Site from other locations do so solely on their own initiative and are solely responsible for compliance with local laws. Any cause of action by you with respect to the Site and/or any information, products or services related thereto, must be instituted within one 1 year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

16. Attorneys’ Fees. In the event a dispute arises regarding this Agreement or the use of the Site, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.