You are welcome to use the Cougar Gulch Group, LLC. internet service (Cougar Gulch) and by doing so, you agree to these Terms of Service.
Please read these Terms of Service carefully, as they contain the legal terms and conditions that govern your use and access of the this site. Cougar Gulch reserves the right to update and change the Terms of Service from time to time by posting an updated version of such Terms of Service at http://cougargulch.com/terms. The date for every Terms of Service update will be posted. If you use or access this site after this date, you hereby agree to the updated Terms of Service. This includes your use of any new features or services whether specified in the update or not.
By signing up for an account or by using this site, you hereby acknowledge that you have read, understand, and agree to be bound by these terms of service. The term “you” and “your” refers to the individual or corporate end user that is specified in the registration information associated with such end user’s account for the service.
PURPOSE OF THIS SITE
The purpose of Cougar Gulch is to provide an avenue for people and small businesses to market their business and products.
1) You understand and agree you must provide your legal first and last names, your valid email address, and any other information requested during the account signup process in order to obtain an account. You guarantee all account information remains truthful, complete and accurate.
2) You understand and agree you must be a human or a corporation to apply for membership on Cougar Gulch. Automated registration systems or devices are not permitted.
3) You understand and agree you may not use the Service for any pornographic, illegal or unauthorized purpose. Without limiting the foregoing, you may use the Service only in accordance with the use parameters specified in the Purpose of This Site, and any other limitations deemed necessary by the administrators of Cougar Gulch.
4) You understand and agree if you are a retail business, or if the product you sell is subject to sales taxes, it is your responsibility to have the proper registrations or licenses and to collect and pay the appropriate taxes.
5) You understand and agree Cougar Gulch, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other Cougar Gulch service, for any reason at any time. Such termination of the service will result in the suspension or deletion of your account or your access to your account. Cougar Gulch reserves the right to refuse service to anyone for any reason at any time.
6) You understand and agree, if you are a paying member of Cougar Gulch and your account is terminated because of violations to these Terms of Service, there is no refund for any fees paid. If you choose to terminate your own account and/or any service(s) you have paid for you will be refunded the unused portion less a twenty-five dollar ($25.00) processing fee per each service (or per each ad). No fees will be refunded until monies received have been verified and cleared.
7) You understand and agree Cougar Gulch reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the site and/or service (or any part thereof) with or without notice.
1) You understand and agree your use of the Service is at your sole risk.
2) You understand and agree Cougar Gulch uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the site and service. Cougar Gulch is not responsible for any failures attributable to third parties.
3) You understand and agree you must not modify, adapt or hack the site or service or modify another website so as to falsely imply that it is associated with the service, Cougar Gulch, or any other Cougar Gulch service.
4) You understand and agree you must not post any pornographic or illegal content nor transmit any worms or viruses or any code of a destructive nature.
5) You understand and agree, except for items expressly sold by Cougar Gulch, Cougar Gulch is not a party to any transaction and collects no money for any sale. Cougar gulch is not a go-between for buyers or sellers and Cougar Gulch is not an escrow service.
6) You understand and agree Cougar Gulch is not responsible for your safety. It is your responsibility to protect your confidential and financial information, privacy and physical safety. You are responsible for maintaining the security of your account and password, and are responsible for all activities conducted using your account. You are responsible for all negotiations and appearances, including the pickup and delivery of products and services. Cougar Gulch cannot and will not be liable for any loss or damage because of your failure to comply with this security obligation.
7) You understand and agree Cougar Gulch does not warranty any item or service sold through this site. You agree the terms of sale are “buyer beware.” If you sell through this Service you agree to provide reasonable warranties. If you purchase through this Service you agree to hold Cougar Gulch harmless for any product or service that does not meet your satisfaction.
The service is provided on an “as is” and “as available” basis, and Cougar Gulch expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Without limiting the foregoing, Cougar Gulch does not warrant that the service will meet your specific requirements, that the service will be uninterrupted, timely, secure, or error-free, that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors in the service will be corrected.
LIMITATION OF LIABILITY
You expressly understand and agree that Cougar Gulch shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Cougar Gulch has been advised of the possibility of such damages), including any such damages resulting from the use or the inability to use the service; the cost of procurement of substitute goods and services resulting from any goods or services purchased or transactions entered into through or from the service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the service; termination of your account; or any other matter relating to the service.
You expressly understand and agree that Cougar Gulch shall not be liable for any financial or physical harm that may occur as a result of using this service.
Notwithstanding anything to the contrary contained herein, Cougar Gulch’s liability to you for any damages arising from or relating to the service (for any cause whatsoever and regardless of the form of the action) will at all times be limited to the greater of fifty u.s. Dollars (u.s. $50) or the amounts you paid to Cougar Gulch in the twelve (12) months immediately preceding the incident giving rise to the claim.
This Agreement shall be governed by the laws of the State of Idaho without giving effect to any conflicts of laws principles that may require the application of the law of a different jurisdiction. For any dispute or proceeding arising from or relating to this Agreement, you agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Kootenai County, Idaho, and in the federal courts located in the District of Idaho.
If any provision of contract is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
These Terms of Service were last updated on 12 February 2014.