TERMS OF SERVICE
(Updated May 23, 2018)
See our page on types of websites-blogs to get a sense of the types of sites that are welcome on our Service. If you find a TheProMall website that you believe violates our terms of service, please see our complaints page.
Use of the Service
You may use the Service only if you can form a binding contract with TheProMall, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name, when you create your account on TheProMall.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. TheProMall will not be liable for any loss or damage arising from your failure to comply with these requirements.
The Service is not intended for children under 13 years of age, and you may not use the Service or create a user profile, if applicable, if you are under 13. You hereby represent and warrant that you are at least 13 years of age.
Content Appearing on the Service
“Content” means any information, text, graphics, or other materials uploaded, downloaded or appearing on the ProMall Service including but not limited to the evaluations, comments, presentations, rankings, reviews, other information, advertisements, interactive discussions, photos, video, graphics, music and sound contained on, distributed through, linked, downloaded or accessed from the Service, whether such Content is owned by TheProMall or third parties.
CERTAIN CONTENT THAT APPEARS ON THIS SITE COMES FROM AMAZON SERVICES LLC AND OTHER AFFILIATE RELATIONSHIPS. THIS CONTENT IS PROVIDED ‘AS IS’ AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.
Account and Site
If you create a website on TheProMall, you are responsible for maintaining the security of your account and website and compliance with these Terms of Service, and you are fully responsible for all activities that occur under the account, and those of your visitors, customers or third parties and any other actions taken in connection with the website. You must not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and TheProMall may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause TheProMall liability. You must immediately notify TheProMall of any unauthorized uses of your website, your account or any other breaches of security. TheProMall will not be liable for any acts or omissions by You your visitors, customers or third parties, including any damages of any kind incurred as a result of such acts or omissions.
If you operate a TheProMall Website, comment on a Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website, YOU are entirely responsible for the content of, and any harm resulting from, that content, including password protected pages, posts or links.
“User Content” means any text, music, sound, photos, video, evaluations, ratings, or graphics which you or other users of the Service create, upload, download, transmit, store, or appearing on the Service originated by you, your visitors, customers or third-parties. User Content is publicly-viewable on the Service. You agree that you are solely responsible for your User Content.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Service any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- User Content that displays, describes or encourages usage of any product in a manner that could be offensive, inappropriate or harmful to TheProMall or any user or consumer or that is contrary to any instructions or warnings relating to the product
- User Content that may impinge upon the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
- User Content that, in the sole judgment of TheProMall, restricts or inhibits any other person from using or enjoying the Service or which may expose TheProMall or its users to any harm or liability of any type.
TheProMall takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is TheProMall liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Service will not contain any content that is prohibited by such Terms. Although TheProMall has no obligation and may not monitor User Content posted on the Service, TheProMall reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Service at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Service at your sole cost and expense.
We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Your User Content will be viewable by other users of the Service and through third party services and websites. You should only provide User Content that you are comfortable sharing with others under these Terms.
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. We may not monitor or control the User Content posted via the Service. Any use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will TheProMall be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available via the Service or broadcast elsewhere.
You are responsible for your use of the Service, for any User Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties partners. You understand that your User Content may be republished and if you do not have the right to submit User Content for such use, it may subject you to liability. TheProMall will not be responsible or liable for any use of your User Content by TheProMall in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of TheProMall, its users and the public.
Your License to TheProMall
By submitting, posting or displaying User Content on or through the Service, you grant us a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
You agree that this license includes the right for TheProMall to make your User Content available to others for the publication, distribution, syndication, or broadcast of such User Content on other media and services, subject to our terms and conditions for such User Content use. Such additional uses by TheProMall or others may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Service.
- You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) post any Content (as defined below) or use the Service in violation of any applicable law (including intellectual property laws, right of privacy or publicity laws, and any laws of a non-U.S. jurisdiction applicable to you), or any contractual or other legal obligation; (iii) post Content that is hateful, abusive, threatening, profane, or otherwise objectionable; (iv) post Content or use the Service to create an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (v) publish or post other people’s private or personally identifiable information without their express authorization and permission; (vi) use the Service for the purpose of spamming anyone; (vii) publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy; (viii) access or tamper with non-public areas of the Service, TheProMall’s computer systems, or the technical delivery systems of TheProMall’s providers; (ix) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (x) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by TheProMall (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with TheProMall (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of TheProMall except as permitted by these Terms is expressly prohibited); (xi) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (xii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service; (xiii) your Website getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods; (xiv) your Website is named in a manner that misleads your readers into thinking that you are another person or company (for example, your Websites’s URL or name is the name of a person other than yourself or company other than your own; (xv) in the case of Content that includes computer code, you have not accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by TheProMall or otherwise.
Responsibility of Website Visitors, Customers and Links
TheProMall has not reviewed, and cannot review, all of the material, including computer software, posted, commented or linked to/from to your Website, and cannot therefore be responsible for that material’s content, use or effects, although it be in breach of the ProMall’s Terms of Service. By operating your Website, TheProMall does not represent or imply that it endorses the material there posted or linked, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect TheProMall, yourself, your visitors, your customers and your/their computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain original or linked content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TheProMall disclaims any responsibility for any harm resulting from the use by visitors of your Website, or from any downloading by those visitors of content there posted.
Fees and Payment
Optional premium paid services such as extra storage, domain purchases or PRO, VIP, or Managed hosting are available on the Website. By selecting a premium service you agree to pay TheProMall the monthly, quarterly or annual subscription fees indicated for that service (the payment terms for, PRO, VIP and Managed hosting are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly, quarterly or annual period as indicated. Premium services fees are not refundable.
PRO, VIP and Managed Services
Fees; Payment. By signing up for a PRO, VIP or Managed Services account you agree to pay TheProMall the setup fees, agreed additional fees and monthly hosting fees indicated at the TheProMall Website in exchange for the services listed on the Website. Applicable fees will be invoiced starting from the day your Services are established and in advance of using such services. TheProMall reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on 30 days written notice to TheProMall. VIP and Managed services fees are not refundable.
Support. PRO, VIP or Managed Services may include access to priority forum, email or ticket support. “Forum, email or ticket support” means the ability to make requests for technical support assistance by forum, email or ticket at any time (if service available and with reasonable efforts by TheProMall to respond within seven business days) concerning the use of the Services. “Priority” means that support for VIP or Managed Services customers takes priority over support for users of the standard, free TheProMall website services. All VIP and Managed Services support will be provided in accordance with TheProMall standard VIP and Managed Services practices, procedures and policies.
Changes in Service
TheProMall reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to your Website following the posting of any changes to this Agreement constitutes acceptance of those changes. TheProMall may also, in the future, offer new services and/or features (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
TheProMall may terminate your access to all or any part of your Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TheProMall account (if you have one), you may simply discontinue using your Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by TheProMall if you materially breach this Agreement and fail to cure such breach within thirty (30) days from TheProMall’s notice to you thereof; provided that, TheProMall can terminate your Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Your Website is provided “as is”. TheProMall and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TheProMall nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you and your visitors/customers download from, or otherwise obtain content or services through, the Website at your/their own discretion and risk.
General Representation and Warranty
You agree to indemnify and hold harmless TheProMall, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
Disclaimer of Warranty; Limitation of Liability
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THEPROMALL AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. TheProMall will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that TheProMall has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from TheProMall or through the Service, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THEPROMALL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THEPROMALL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
Without limiting the foregoing:
(A) YOU EXPRESSLY AGREE THAT YOUR USE OF THEPROMALL IS AT YOUR OWN SOLE RISK. THE CONTENT IS NOT PROMISED OR GUARANTEED TO BE CORRECT, COMPLETE OR UP-TO-DATE. THEPROMALL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
(B) NEITHER THEPROMALL, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THEPROMALL WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THEPROMALL, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED ON OR THROUGH THEPROMALL. FURTHERMORE, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE CONTENT.
(C) IN NO EVENT WILL THEPROMALL, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THEPROMALL, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BASED UPON OR ARISING OUT OF THE USE OF OR INABILITY TO USE THEPROMALL. YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THEPROMALL. IN ANY EVENT, THEPROMALL ‘S MAXIMUM TOTAL LIABILITY TO USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE GREATER OF THE PRICE, IF ANY, PAID BY USER FOR ACCESS TO THEPROMALL OR 25 DOLLARS ($25.00).
(D) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THIS DISCLAIMER FURTHER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE CONTENT OR ANY OF THE PRODUCTS OR SERVICES REFERRED TO IN THE CONTENT. THEPROMALL SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OR LOSSES RELATING TO ANY PRODUCTS OR SERVICES REFERRED TO AT ANY TIME IN THE CONTENT, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. USER SPECIFICALLY ACKNOWLEDGES THAT THEPROMALL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(E) THEPROMALL DOES NOT INTEND ANY REFERENCES TO ENTITIES, PRODUCTS OR SERVICES IN THE CONTENT OR ANY LINKS ON THEPROMALL TO BE ENDORSEMENTS OF SUCH ENTITIES, PRODUCTS OR SERVICES. THEPROMALL IS NOT AFILIATED WITH, OR SPONSORED OR ENDORSED BY ANY OTHER CONSUMER PRODUCT RATING SERVICE, AND ANY REFERENCE TO SUCH THIRD-PARTY RATING SERVICES IS SOLELY FOR THE GENERAL INFORMATION AND CONVENIENCE OF USERS USING THEPROMALL.
All right, title, and interest in and to the Service (excluding User Content) are and will remain the exclusive property of TheProMall and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the TheProMall name or any of the TheProMall trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by TheProMall on the Service are subject to change. In consideration for TheProMall granting you access to and use of the Service, you agree that TheProMall and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
TheProMall respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:
CE Stratton LLC dba TheProMall
Attn: Copyright Agent
4435 S 1025 E #A
Millcreek, UT 84124
Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Chilling Effects (www.chillingeffects.org) for publication and/or annotation. A link to your published notice may be displayed on TheProMall in place of the removed content.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, TheProMall will also terminate a user’s account if the user is determined to be a repeat infringer.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TheProMall of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
About These Terms
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. These shall be construed in accordance with the laws of Utah, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between TheProMall and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Any controversy or claim arising out of or relating to these Terms or use of the Service, with the exception of injunctive relief sought by TheProMall for any violation of TheProMall’s proprietary rights, shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of the third arbitrator, and it shall be someone who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be natural persons and shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be Millcreek, UT, USA.