Cheap Jerks - Terms of Service

Cheap Jerks - Terms of Use Agreement

This website and the software that is provided is owned by Cheap Jerks.

You're welcome to use the material on this website, or any other site operated by Cheap Jerks. Please read this document carefully. If you don't agree to these terms, you may not access the site. You should immediately contact sales@CheapJerks.com for a full and final refund. If you use the site, you're agreeing to be legally bound by these Terms and Conditions of use.

Please review this document regularly. From time to time we may need to post notices on this site, and by your continued use you agree that no other notices are necessary.

Charges

You'll always be told of any fees before you use the services. If you agree to the charges, and use the materials, the fees aren't refundable, except where noted.

Availability and License to Use Our Materials

Information, forms, documents, software, and other content available to you on this site are collectively called "materials. " We continuously update, revise, and enhance these materials to make your use of this website easier and more enjoyable.

You are granted the right to use Cheap Jerks to contact suppliers. You may not use this site for direct competitor research, supplier gathering and reproduction, or any other rights we determine to be competitive behavior. We reserve the right to determine whether your use is within the terms of this license.

Software on this site is the sole property of Cheap Jerks or a third party vendor. If Cheap Jerks license with the vendor expires, your license to use the software is automatically and immediately revoked. You can't copy, reverse engineer, decompile, or use the software in any other manner than as we've described in this agreement without our permission.

Descriptions or explanation of the information products we offer are intended to be general information, and may not contain complete descriptions of all the terms, exclusions, or conditions which may apply.

Reproduction of our Product Sourcing Software

The Product and the information in the Product may not be disseminated to any third-party in any medium under any set of circumstances except as expressed herein. For example, the Product and its contents may not be reproduced and circulated. The Product and the information in it may not be reprinted, resold, transferred, or given away, in part or in full, in any manner, without the express advance written consent of Cheap Jerks located in Ohio, its assigns or successors. The Product and its contents may not be posted to Purchaser�s website.

Violations of this agreement

Purchaser forever agrees and stipulates that in the case of any alleged violation of the paragraphs listed above, Cheap Jerks, its assigns and successors, shall have the immediate right to the issuance of a temporary injunction restraining and preventing further violations of this agreement. Purchaser and its successors forever waive any requirement of notice of any hearing or the posting of any bond for the issuance of said injunction. Purchaser and its successors forever stipulate said injunction shall remain in place without the requirement of any bond until the Court of competent jurisdiction issuing the injunction rules finally on the merits of the case. Purchaser and its successors forever stipulate that the alleged violation of any of the paragraphs listed in this contract through herein constitutes irreparable injury to Cheap Jerks for which there is no adequate remedy at law. Purchaser and its successors forever stipulate that when Cheap Jerks applies for any injunction as described herein, the filing by Cheap Jerks of an affidavit simply alleging the violation of any of the paragraphs listed in this Agreement is a sufficient showing of irreparable injury and an adequate remedy at law to have that injunction issued and to keep the injunction in place without a bond until the case merits are ultimately decided. Purchaser and its successors shall not in any such action move for the dissolution of a temporary injunction, request that a bond be posted to keep said injunction in place, or argue the absence of irreparable injury or inadequate remedy at law. For purposes of this section, Purchaser shall be construed as any offending party and its present or past employees or agents. If the injunction must be domesticated in any foreign jurisdiction, Purchaser and its successors also forever waive any requirement of the posting of any bond or its substantial equivalent in the foreign jurisdiction for purposes of having the bond issued, kept in place, or enforced.

Requirement of the posting of a bond

Purchaser and its successors further agree that if Cheap Jerks, or its assigns and successors, allege by way of affidavit the violation of any temporary or permanent injunction issued per paragraph listed above titled Violations of this Agreement, that Cheap Jerks, its assigns and successors, shall have the immediate right to pursue contempt charges against Purchaser and/or its successors, and their principals, and to immediately have issued a judgment of contempt, or its substantial equivalent, requiring the arrest and/or incarceration of Purchaser, its principals, and successors until compliance with the injunction is had. Purchaser and it successors forever waive the requirement of the posting of a bond or its equivalent in any jurisdiction in which enforcement of this section is sought.

Venue for Civil Action

Purchaser and its successors forever agree the sole venue for any civil action arising out of or related to this Agreement or brought by any party to this Agreement shall be in state court, Williams County, Ohio, United States of America. Primary venue shall not lie in any other jurisdiction where it is alleged that a party to this Agreement or its successors violated this Agreement. Purchaser and its successors forever stipulate they will not attempt to remove/transfer any action from Williams County, Ohio to any other jurisdiction or to Federal Court. Ohio (United States) law shall govern in any action. Purchaser and its successors stipulate that any order, decree, injunction, or judgment, whether final or non-final, issued by the Williams County, Ohio Court, may immediately be domesticated and/or enforced in any other jurisdiction without the necessity of the posting of any bond or its equivalent by Cheap Jerks.

Recovery of Expended Fees

In any civil action brought to enforce any provision of this Agreement or arising out of or relating in any way to this agreement, the prevailing party in said action shall be entitled to recover all of its expended fees and costs (not just taxable costs but all costs) expended in that action from the losing parties jointly and severally.

Monetary Damages

Purchaser and its successors forever stipulate that any final judgment for monetary damages or attorney�s fees and costs issued pursuant to this Agreement shall be collectible not only from the offending party, Purchaser, or its successors, but also from the principals of same who will automatically be deemed vicariously liable for any judgment issued under any legal theory and regardless of whether said principal is solely, partly, or without fault and regardless of whether Cheap Jerks is partly or totally at fault. The principals of Purchaser or its successors shall act as unconditional guarantors and/or indemnitors of said liabilities. Principals shall include all owners, officers, directors, shareholders, or partners. Purchaser and its successors forever waive any liability shield to these principals for purposes of collection of any monetary judgment of damages and/or attorney�s fees issued pursuant to this Agreement and for purposes of this contract generally.

Under no set of circumstances shall Cheap Jerks its assigns, successors, or principals be deemed to be acting in concert, as a joint venture, or partner with Purchaser by virtue of its sale of the Product to Purchaser or otherwise by virtue of this Agreement. Additionally, under no set of circumstances shall Cheap Jerks its assigns, successors, or principals be deemed to be acting in concert, as a joint venture, or partner with any business entity listed in the Product. All parties to this agreement stipulate, acknowledge, and warrant that Cheap Jerks is a seller and distributor of only the Software Product. Under no set of circumstances shall Cheap Jerks be deemed a manufacturer, distributor, wholesaler, or retailer of any of the products or goods sold, marketed, distributed or manufactured by any of the entities listed in the Product. Cheap Jerks therefore, cannot and does not warrant the merchantability of any product sold, marketed or distributed by any entity in the Cheap Jerks Product, nor does it or can it warrant the fitness of any such products for any particular purpose. Accordingly, Cheap Jerks cannot and will not be held responsible under any statutory or common-law products liability laws in the United States or elsewhere.

Agreement Validity

If any portion of this Agreement is deemed legally invalid, void or voidable for any reason, then the remainder of this Agreement shall remain in full force and effect.

Single Use

The use of this website, or our product sourcing software, or any of its contents, is strictly limited to the individual purchaser of the Product or the current business entity purchasing the Product and it's employees, to the extent applicable (Purchaser). The use of our Product may not be assigned. The Product and its contents may not be used by any successor business entity.

Sole Purpose Use

Purchaser agrees it may and will only use the Product and its contents for one sole purpose - contacting the distributors listed in the Product for the sole purpose of establishing the Purchaser's own retail accounts with said distributors.

Copyright, Trademarks, and Proprietary Rights

The entire contents of this site and all of our materials are protected by United States copyright laws. Service marks and logos on this site are owned by Cheap Jerks, unless we've indicated that ownership belongs to another company. You are not allowed to copy or reproduce any of the materials, logos, trademarks, service marks, software, or the names of Cheap Jerks or its affiliates without permission. Other product and company names mentioned in the Site may be the trademarks of their respective owners. You aren't allowed to use them, either.

Idea Submissions

If you submit an idea to improve our site or our information, you agree to grant us the non-exclusive, royalty-free, worldwide perpetual use of that idea. It doesn't matter whether you've sent that idea to us directly, or posted it in the public areas of the site. You grant us the right to use your name in connection with your suggestions in all advertising, marketing, and promotional material. Since you've granted these rights, you agree that Cheap Jerks can't be liable for alleged or actual infringement.

Communications with Cheap Jerks

If you communicate with us on this site or by e-mail, you agree that your message won't be considered confidential, and that we may contact you.

Links to Other Web Sites

Unless expressly stated we don't endorse, promote, or have any affiliation with other websites. For your convenience in locating other information and services, we may link to other Internet Web sites. Since we don't control them, we aren't responsible for the content of those other sites.

Use of the Internet

No one has control over failure of electronic or mechanical equipment or communication lines, telephone or interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather or natural disasters, strikes or labor problems, acts of war, or governmental restrictions. Since we have no control over those issues, we won't be liable for any loss that they cause.

You are responsible for your own use of the Internet. Cheap Jerks provides use of this site, and our software "as is. " You are responsible for determining the fitness for any particular purpose of information provided by Cheap Jerks, as well as the accuracy, completeness, or usefulness of all opinions, advice, services, merchandise, and other information provided by this site.

Cheap Jerks can't guarantee and doesn't warrant that files downloaded from this site will be free of infection, computer viruses, Trojan horses, worms, or other destructive code. You are responsible for protecting your own computer, and for backing up your own data.

Disclaimer of Warranty and Limitation of Liability

The materials on this site are presented "as is. " You agree to use them at your own risk, and you agree we will not be liable to you or to third parties for any damages resulting from use of this site. You agree hold us harmless from all claims.

We don't warrant the merchantability or fitness of the materials for any purpose, that the software will run on your platform, or even that the functions on this site will not be interrupted. We don't warrant that defects or errors in the site or the materials will be corrected. Some jurisdictions don't allow wavers or exclusions of implied warranties, so this may not apply to you.

Cheap Jerks does not warrant this service will be uninterrupted or error free, or that defects in the service will be corrected. You understand that use of the Internet carries the risk of exposure to unedited materials, including those which may be offensive to you.

We can't be responsible for information or messages posted to this site by persons other than our employees. Those opinions or other comments are the views of the author only.

Termination of Account

If you violate these terms, conduct business in an unethical or inappropriate manner, or for any reason we determine, we may terminate your account, and may seek legal damages. This includes (but isn't limited to ) attempting to obtain or use data or passwords of other users, attempting to violate copyright law, trademark law, trade secrets, selling Cheap Jerks products and services at prices other than those we've agreed to in our written affiliate agreements.

Indemnification

You agree not to sue Cheap Jerks, its officers, directors, employees, agents, affiliates, suppliers, and any third-party information providers because you've incurred losses, expenses, or damages if we terminate your membership for violating the terms of service.

Governing Law and Jurisdiction

This site is controlled and operated by Cheap Jerks from its offices within the United States. We don't represent that the materials on this site are appropriate or available for other jurisdictions. You are responsible for compliance with local laws. Access to them from territories where their contents are illegal is prohibited.

This agreement is governed by the laws of the State of Illinois. You consent to the jurisdiction of the federal and state courts presiding in Williams County, Ohio. You agree to accept service of process by mail, and waive jurisdictional and venue defenses.

�Seller� is Cheap Jerks. �Purchaser,� is the person defined by the name, address and payment identification details provided at the time of purchase and captured in the online purchase order.

These terms and conditions are dated June 9th, 2008 and are subject to change.