Terms and Conditions

By accessing or using any features of the site, including the purchase of products and services on the site located at 100rules.com (the “Site”) and operated and managed by 100rules.com (“we” or “us”), you agree to be bound by these terms of service (collectively, “Terms of Service”). All visitors to and users of any aspects of the Site (collectively, “Users”) are bound by these Terms of Use. We reserve the right to modify the Terms of Use at any time without prior notice to you. Therefore, we recommend that you read these terms of service carefully each time you use this Web site.

Please note that the guidelines, policies and other terms and conditions of service and use of other Web sites affiliated with we may vary from these Terms of Use.

As a User of the Site you may, from time to time, post content and share it with other users, read content generated by other visitors to the Site and other affiliated sites, and view third party postings and reviews regarding products and services.

These Terms of Use set out the legally binding terms with respect to your use of the Site. Please read these Terms of Use carefully. Your access to and use of the Site constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Service, you should not access or use the Site.

Eligibility

The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the Site. In the event we become aware you are under 18, we will terminate your registration.

Changes to the Site

You agree and understand that the Site, including any and all features available via the Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms of Use. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available via the Site by any User (all such items provided by Users, collectively, “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms of Use, including without limitation, by removing any User Content posted in violation of these Terms of Use, terminating the registration of such violators or blocking such violators' use of the Site.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms of Use, you agree you shall not (and you agree not to allow any other individual or entity to):

* download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Site, except and to the extent expressly permitted under these Terms of Use;
* remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
* use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;
* collect any information about other Users (including usernames and/or email addresses) for any purpose;
* reformat or frame any portion of any Web pages that are part of the Site;
* create user accounts by automated means or under false or fraudulent pretenses;
* create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users' enjoyment of the Site;
* submit to the Site any content that falsely states or implies that such content is sponsored or endorsed by us;
* transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site, any other Web site, or any computer or other device or system, or the enjoyment of the Site by any User;
* use the Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
* submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
* copy or store any User Content offered on the Site other than for your personal, non-commercial use;
* take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Site or the IT infrastructure used to operate and make the Site available;
* use the Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
* collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.

Ownership

As between you and us, the Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. Nothing contained in these Terms of Use shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Site are the proprietary property of 100rules.com or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, images, names or logos appearing on the Site without the express written permission of the copyright or trademark owner.

Nothing in these Terms of Use shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

100rules.com reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your State is restricted or prohibited. In the event of a pricing error on the Site, 100rules.com reserves the right to cancel any orders resulting from such pricing errors.

To properly serve all customers, 100rules.com reserves the right to limit quantities on some goods or . In this case, only one (1) of this limited quantity items may be placed in your shopping cart. 100rules.com further reserves the right to cancel multiple orders of the limited quantity item purchased by the same User and/or shipped to the same delivery address.

100rules.com may display visual representations of products sold through a Site. 100rules.com attempts to display the colors of the products shown on the Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.

Limitation on Liability

IN NO EVENT SHALL 100rules.com OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, ELEPANTS'S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Indemnity

You agree to indemnify and hold 100rules.com and its respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Site, (ii) your use of the Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Use, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Third Party Advertisements and Links to Third Party Sites

We may display on the Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Changes to Terms of Use

We reserve the right to make changes at any time to these Terms of Use. Any modifications to the Terms of Use will be effective upon posting. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Site after any modifications indicates your acceptance of the modified Terms of Use.

Disputes

Any dispute relative to the Site or use or inability to use the Site will be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within the State of North Carolina. Any dispute relating in any way to your visit to or participation on the Site shall be submitted to confidential arbitration in Greensboro, North Carolina, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Improperly Filed Claims - All claims you bring against us must be resolved in accordance with this Disputes Section. All claims filed or brought contrary to the Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Disputes Section, we may recover attorneys' fees as well as other costs up to $10,000, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Statute of Limitations - Regardless of any statute or law to the contrary, any claim you bring against us must be filed within one [1] year after such claim arose or be forever barred.

Applicable law

By visiting Site, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and 100rules.com.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and you do not have any authority of any kind to bind 100rules.com in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site. These Terms of Use, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and 100rules.com regarding use of the Site. 100rules.com' failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include and incorporate the Privacy Policy for the Site and any notices regarding the Site. Communications with 100rules.com, including phone and email, may be monitored and recorded or saved in order for training and quality assurance.

Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to webmaster@100rules.com .

Additional Order Agreement Terms & Conditions

Rejection of Order and Cancellation of Contract. 100rules.com reserves the right, at any time before delivery, to reject this Order or cancel an order by notice in writing to Buyer. Upon giving such notice, 100rules.com will refund any deposit received from Buyer. Buyer agrees that such refund shall be Buyer’s exclusive remedy for such cancellation.

Change Orders. No change in the order is binding on 100rules.com unless requested by Buyer's written change order and approved in writing by 100rules.com. Any change requested by Buyer constitutes the Buyer's consent to resulting changes in the Price.

Payment Terms. Buyer agrees to pay the Price, including any increase for any Change Order, in full at the time of order. If any payment tendered by Buyer is dishonored for any reason, Buyer agrees that, at 100rules.com’s option, the balance due shall thereafter bear interest at two and one-half percent (2.5%) per month, or 100rules.com may enter Buyer’s property, disassemble and remove the Unit, and retain Buyer’s deposit as liquidated damages. If 100rules.com refers collection hereunder to an attorney or collection agency, Buyer agrees to pay 100rules.com's reasonable attorney fees and expenses.

Check Policy. If your check is returned NSF it will be re-presented electronically and you will be assessed a processing fee as allowed by law, which is no less than $20. The check writer is also responsible for all other collection costs including attorney’s fees, court costs and taxes as well as any other amounts allowed by law.

Promotions. From time to time 100rules.com may offer promotions or specials that are only available for orders placed within a specific time-frame or that meet other qualifications. All offers are void where prohibitted, and may be cancelled at any time.

Regional Availability. Not all prices are available in all areas based on design and governmental restrictions, and prices may vary depending on how you purchase. Sales Tax. Sales tax will be collected in addition to the purchase price on all orders, unless an exemption is provided by Buyer in writing in a form that is acceptable to the local sales tax authority.

Miscellaneous. This Agreement is governed by the laws of North Carolina and any action against Seller hereunder shall be brought only in a court of general jurisdiction sitting in Guilford County, North Carolina. The term Buyer, as used herein, includes said persons named on the face hereof, their heirs, successors and assigns, and shall include singular, masculine, feminine or neuter as required by the context. This Agreement, including only the face and reverse hereof and an engineer-certified drawing of the Unit, if such drawing is furnished by Seller, constitutes the complete agreement of the parties, and all prior descriptions, representations, negotiations or agreements are merged herein and superseded hereby.

Additional Terms

Your specific order or transaction may be subject to additional terms and conditions from those contained herein that will be displayed to you in addition to these terms. These additional terms will be additive to the terms presented herein, and not in place of. Disputes

Any dispute relative to an order or deposit will be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within the State of North Carolina. Any dispute relating in any way to your visit to or participation on the Site shall be submitted to confidential arbitration in Greensboro, North Carolina, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Improperly Filed Claims - All claims you bring against us must be resolved in accordance with this Disputes Section. All claims filed or brought contrary to the Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Disputes Section, we may recover attorneys' fees as well as other costs up to $10,000, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Statute of Limitations - Regardless of any statute or law to the contrary, any claim you bring against us must be filed within one [1] year after such claim arose or be forever barred.

Applicable law

By visiting Site, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and 100rules.com.

Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the court or arbitrator will endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions will remain in full force and effect.

No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Entire Agreement; Assignment. These Terms and Conditions represent the entire agreement between you and us with regard to their subject matter, and supersede all prior agreements and representations. In the event of any conflict between these Terms and Conditions and any instructions or guidelines included on the Site, these Terms and Conditions shall control. You may not assign your user account or your rights and obligations under this agreement without our express written consent.

Disclaimer: 100rules.com is not affiliated with a law firm and should not be considered a substitute for an attorney or law firm. 100rules.com provides general information and access to documents that may be used by a law firm; however, we do not provide any opinions, recommendations, or legal advice to users. Access to our site is subject to our Terms of Use and is protected by our Privacy Policy. Users should consult an Attorney to review final documents. If you cannot afford an attorney, check with your local legal aid office.

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