Terms and Conditions of Use. The paragraphs below contain important information regarding use of websites and web portals owned, operated or maintained by BIT DIRECT INC. (“BIT DIRECT”), including but not limited to www.BITDIRECT.com (collectively referred to as the “Website”). For purposes of these terms and conditions of use (the “Terms”), each party utilizing the Website shall be referred to herein as the “User(s)”. Use of the Website indicates that the User has read, agrees to and accepts the Terms. If the User does not agree to and accept the Terms, then the User shall not be authorized to use the Website, including the purchase of products offered for sale through the Website. The Terms govern use of the Website, including all content, which shall include but not be limited to text, data information, software, graphics or photographs (collectively the “Content”) which BIT DIRECT, and/or any wholly owned subsidiaries or affiliated entities of BIT DIRECT (collectively the “BIT DIRECT Parties”), make available through the Website.
BIT DIRECT grants the User a nonexclusive, nontransferable, revocable, limited license to access and use the Website only for the purposes of furthering its relationship with BIT DIRECT, which shall include viewing BIT DIRECT products, services, and additional information related to BIT DIRECT contained on the Website, and use of the Website to purchase BIT DIRECT products. Use of the Website for any other purpose is strictly prohibited. As between User and BIT DIRECT, BIT DIRECT owns the Website. The Website is protected under United States and international copyright laws, and any unauthorized use of the Website by User may violate copyright, trademark, and other laws.
Prohibited Uses. User agrees not to use the Website, including the Content: (a) in a manner that violates any United States or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent the User’s affiliation with a person or entity; or (d) to interfere with or disrupt the Website. The User further agrees not to: (x) decompile, reverse engineer, disassemble, transfer, distribute, resell, sublicense, or use to create any derivative works any portion of the Website or Content; or (y) attempt to gain unauthorized access to any portion of the Website or any other accounts, computer systems, or networks connected to the Website, whether through hacking, password mining, or any other means.
Disclaimers. This Website and the Content are provided on an “as is, as available” basis, and BIT DIRECT expressly disclaims all warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement. BIT DIRECT disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to: (a) any errors in or omissions from the Website and/or the Content, including but not limited to technical inaccuracies and typographical errors; (b) the unavailability of the Website or any portion thereof; (c) User’s use of the Website or the Content; (d) User’s use of any products in connection with the Website or the Content; or (e) any third party web sites or content therein directly or indirectly accessed through links contained on this Website.
BIT DIRECT will make commercially reasonable efforts to ensure a virus free environment, a reliable operational schedule and to provide timely correction of Content known to be inaccurate. Notwithstanding the foregoing, BIT DIRECT does not represent or warrant that this Website or the Content will be correct, accurate, timely, error-free, or free of viruses or other harmful components, that defects will be corrected or that the Website will always be accessible or otherwise reliable.
BIT DIRECT Proprietary Information. © 2012 BIT DIRECT INC. All rights reserved. BIT DIRECT claims a copyright in all proprietary and copyrightable text, graphics and computer code on the Website, the overall design of the Website and the selection, arrangement and presentation of all materials on the Website, including information in the public domain. User agrees that the Website and Content are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Except as expressly provided in the Terms or Terms of Sale (as further described below), nothing contained herein shall be construed as conferring to User any license or right under copyright or other intellectual property right law. No part of the Content may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, except as specifically provided in the Terms.
User may photocopy printouts of the Content and incorporate such copies into reports and other materials prepared by a User for his, her or its own customers. In addition, User may distribute copies of Content to the extent permitted under the “fair use” provisions of the Copyright Act of 1976 (17 U.S.C. §107). These provisions state that several factors must be considered when determining whether the use made of a work in any particular case is a “fair use,” such as whether the use is of a commercial or non-profit nature, the amount and substantiality of the portion used in relation to the work as a whole, and the effect of the use upon the potential market for or value of the work. BIT DIRECT is not able to give legal advice to User as to whether a particular type of use constitutes “fair use.”
Notwithstanding the provisions above, User is not permitted to use Content as a component of, or basis for, a database prepared for use by User or any third party. Furthermore, all copies of Content, whether in print or electronic form, must incorporate all of BIT DIRECT’s or third party copyright and/or other intellectual property rights notices.
Trademarks. BIT DIRECT and any other product or service name or slogan or logo contained in the Website are trademarks of BIT DIRECT, and/or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BIT DIRECT or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with BIT DIRECT or the applicable trademark holder. User may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of BIT DIRECT without BIT DIRECT’s prior written permission. In addition, the Website’s design (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of BIT DIRECT and may not be copied, imitated, or used (in whole or in part) without BIT DIRECT’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by BIT DIRECT.
User Proprietary Information. BIT DIRECT agrees that it has no rights to the data, documents, information or material that User submits in the course of using the Website (“User Data”), except as otherwise stated in the Terms. User, and not BIT DIRECT, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Data, and BIT DIRECT shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Data. BIT DIRECT MAKES NO REPRESENTATION OR WARRANTY THAT ANY USER DATA SUBMITTED TO BIT DIRECT WILL BE RETAINED FOR ANY PARTICULAR PERIOD OF TIME, AND USER AGREES TO MAINTAIN DUPLICATE COPIES OF ALL USER DATA SUBMITTED TO BIT DIRECT.
Privacy Policy. BIT DIRECT recognizes that User is concerned about how information it provides on the Website will be used, and accordingly, BIT DIRECT agrees to abide by the following privacy policy:
a. BIT DIRECT will not sell, share, or rent User Data to others, except as necessary to complete transactions facilitated through the Website;
b. In completing a purchase through the Website, BIT DIRECT requests information from each User such as a billing address and financial information (like credit card number and expiration date). This information is used for billing purposes and to fill User orders. If BIT DIRECT has trouble processing an order, this contact information is used to contact the User. To the extent necessary, this information is provided to credit card processing companies and other third parties whose services may be necessary to complete the order. In the event User desires to purchase products from BIT DIRECT using credit extended by BIT DIRECT, additional information may be required in order to determine User’s credit worthiness. Any information provided in determining credit worthiness shall be held to the same disclosure standards of other personal information provided by User;
c. BIT DIRECT may collect information using cookies. A cookie is a piece of data stored on the User’s hard drive containing information about the User. BIT DIRECT uses cookies to enhance User’s Website experience. For example, BIT DIRECT receives and collects the name of the domain and host from which a User accesses the Internet, the Internet protocol (IP) address of such User’s computer, the User’s browser software and operating system and if applicable, the Internet address of the website from which User linked directly to the Website. The cookies transmit this information back to the computers hosting the Website, which are the only computers authorized to read such information. This information makes it possible for BIT DIRECT to: (i) speed navigate, keep track of search results and provide User with custom tailored content; (ii) remember information User provided to BIT DIRECT so User does not have to re-enter it each time User visits the Website; (iii) monitor the effectiveness of certain of BIT DIRECT marketing email campaigns; and (iv) monitor total number of visitors, pages viewed, and the duration of the User’s Website visit. In short, all of the information BIT DIRECT automatically captures provides BIT DIRECT with the ability to enhance User’s Website experience, and to determine aggregate information about BIT DIRECT’s User base and usage patterns.
Most Users do not know that cookies are being placed on their computers when they visit websites because browsers are typically set to accept cookies. The User may choose to have its browser warn User every time a cookie is being sent to User, or User can turn off cookie placement. If User refuses cookies, User may not be able to use all of the features and functionality of the Website, and therefore may not be able to complete an order with BIT DIRECT online;
d. BIT DIRECT uses IP addresses to analyze trends, administer the Website, track User movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information;
e. BIT DIRECT may from time to time share aggregated demographic information with its business technology partners. This is not linked to any personal information that can identify any individual User. BIT DIRECT may from time to time partner with another party to provide specific products or services. When the User purchases these products or services, BIT DIRECT will share names or other contact information that is necessary for the third party to complete the order. These parties are not allowed to use personally identifiable information, except for the purpose of completing the order;
f. In order for BIT DIRECT to properly fulfill its obligation to User, it is necessary for BIT DIRECT to supplement User Data with information from third party sources. For example, to determine if a User qualifies for available credit, BIT DIRECT uses their name, Federal ID number and additional information provided by User to request a credit report. Once BIT DIRECT determines a User’s credit-worthiness, this document is destroyed;
g. If BIT DIRECT changes any portion of the terms of this privacy policy section of the Terms, BIT DIRECT will post those changes on the Website so User is always aware of what information BIT DIRECT collects, how BIT DIRECT uses it, and under circumstances, if any, BIT DIRECT discloses it. BIT DIRECT will use information in accordance with the privacy policy section of the Terms under which the information was collected.
Limitation of Liability. BIT DIRECT will not be liable for any loss, injury, claim, liability, or damage of any kind resulting from User’s use of the Website or the Content. BIT DIRECT shall not be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with use of or inability to use the Website or the Content. To the extent the foregoing limitation of liability is prohibited by applicable Law or fails of its essential purpose, BIT DIRECT’s sole obligation to any User for damages shall be limited to $25.00.
Exclusions and Limitations. Certain jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the disclaimers and limitations of liability contained in these Terms may not apply to specific Users. To the extent that BIT DIRECT, or any of the BIT DIRECT Parties, may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of BIT DIRECT’s liability shall be the minimum permitted under such applicable law.
Links to Third-party Websites. Any links on the Website to third-party websites are provided solely as a convenience to the User. The User using these links agrees and understands that it is leaving the BIT DIRECT Website, and that BIT DIRECT is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, BIT DIRECT does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If the User decides to access any of the third-party websites linked to from the Website, the User does this entirely at its own risk.
U.S. Government Restricted Rights. Any Content which is downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities (“U.S. Government”), are subject to the provisions of FAR 12.211 – “Technical Data”, and FAR 12.212 – “Computer Software”, or to clauses providing BIT DIRECT equivalent protections in DFARS or other agency specific regulations.
International and Export Issues. BIT DIRECT administers the Website from its offices in 2202 N. West Shore Boulevard, Suite 200, Tampa, Florida 33607. BIT DIRECT makes no representation that the Website is appropriate or available for use outside the United States and access to the Website from territories where its contents are illegal or restricted is prohibited. If a User chooses to access the Website from outside the United States, the User does so on its own initiative and is responsible for compliance with applicable laws. User agrees to comply with all export and re-export restrictions and regulations of the Department of Commerce, and any other United States or foreign agencies and authorities in connection with the User’s use of the Website and to not, in violation of any laws, transfer, or authorize the transfer, of any Content to a prohibited country or otherwise in violation of any laws.
Links to Third-party Websites. Any links on the Website to third-party websites are provided solely as a convenience to the User. The User using these links agrees and understands that it is leaving the Website, and that BIT DIRECT is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, BIT DIRECT does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If the User decides to access any of the third-party websites linked to from the Website, the User does this entirely at its own risk.
U.S. Government Restricted Rights. Any Content which is downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities (“U.S. Government”), are subject to the provisions of FAR 12.211 – “Technical Data”, and FAR 12.212 – “Computer Software”, or to clauses providing BIT DIRECT equivalent protections in DFARS or other agency specific regulations.
International and Export Issues. BIT DIRECT administers the Website from its offices in 2202 N. West Shore Boulevard, Suite 200, Tampa, Florida 33607. BIT DIRECT makes no representation that the Website is appropriate or available for use outside the United States and access to the Website from territories where its contents are illegal or restricted is prohibited. If a User chooses to access the Website from outside the United States, the User does so on its own initiative and is responsible for compliance with applicable laws. User agrees to comply with all export and re-export restrictions and regulations of the Department of Commerce, and any other United States or foreign agencies and authorities in connection with the User’s use of the Website and to not, in violation of any laws, transfer, or authorize the transfer, of any Content to a prohibited country or otherwise in violation of any laws.
Indemnification. User agrees to indemnify, defend and hold harmless BIT DIRECT, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by User.
Electronic Communications. When a User visits the Website, sends e-mails or uses the “Contact Us” portion of the Website to contact BIT DIRECT, it is communicating with BIT DIRECT electronically. BIT DIRECT may respond to the User by e-mail or by posting notices on the Website. The User agrees that all such notices, disclosures, and other communications that BIT DIRECT provides to User electronically satisfy any legal requirement that such communications be in writing.
Terms of Sale. Any User purchasing hardware and software products, related services and accessories (collectively, the “Products”) from BIT DIRECT agrees to be subject to the following Terms of Sale and the documents incorporated by reference therein (the “Terms of Sale”). Both the User placing the order and, if different, the actual purchaser of BIT DIRECT’s Products, are referred to collectively in these Terms of Sale as the “Purchaser”. In addition, BIT DIRECT may provide certain Products under the terms of a separate agreement between a Purchaser and BIT DIRECT, including but not limited to, BIT DIRECT’s standard Credit Agreement, into which these Terms of Sale are incorporated by reference (each a “Supplemental Agreement”). To the extent of any conflict between the Terms of Sale below and the terms of any Supplemental Agreement, the terms of the Supplemental Agreement will control. If the User is accepting the Terms of Sale on behalf of another person, company or other legal entity which is the actual Purchaser, the User represents and warrants that he, she or it has full authority to bind that person, company or other legal entity to the Terms of Sale.
The Terms of Sale are as follows:
a. Purchase Orders, Invoicing and Payment. Upon Purchaser’s placement of an order though the Website, BIT DIRECT will confirm receipt of the Purchaser’s order with a purchase receipt sent electronically to the party submitting the order to BIT DIRECT. The Purchaser will pay for the Products with credit card through completion of a BIT DIRECT Credit Card Authorization Form, or under terms of a Credit Agreement with BIT DIRECT executed by Purchaser. After placing order, Purchaser shall have 48 hours in which to cancel or alter the order (the “Alteration Period”). After the Alteration Period, Purchaser may return or exchange Products as stated in the return policy below, however any additional shipping charges will be Purchaser’s responsibility.
b. Product Pricing. All prices described in the Website are subject to confirmation by BIT DIRECT at the time an order is placed by Purchaser. BIT DIRECT may modify the prices in the Website at any time.
c. Shipping. BIT DIRECT will use commercially reasonable efforts to ship all Products to Purchaser in accordance with the estimated delivery date and shipping address provided by Purchaser at time of order. Shipping charges will be stated on Purchaser’s final invoice. Purchaser is responsible for all shipping charges.
d. Product Warranty. All Product warranties, specifications, and representations regarding Product use and functionality are made solely by the respective Product manufacturers, and not BIT DIRECT. Product information contained in the Website is for reference only, and BIT DIRECT offers no warranty regarding such information. Each Purchaser acknowledges and agrees that they will look solely to the manufacturer or licensor of the Product for all warranties, and BIT DIRECT expressly disclaims any and all warranties, conditions or representations (statutory, express or implied, oral or written), with respect to the Products, including without limitation, any and all implied warranties of non-infringement, merchantability, accuracy, or fitness or suitability for any particular purpose (whether or not BIT DIRECT knows, has reason to know, has been advised, or is otherwise in fact aware of any such purpose), whether alleged to arise by law, by reason of purchaser or usage in the trade or by course of dealing. In addition, BIT DIRECT expressly disclaims any warranty or representation to any person other than the Purchaser with respect to the Products, or any part thereof. Some states or countries do not allow the exclusion of implied warranties, so certain of the above exceptions may not apply.
e. License. By purchasing any of the Products, Purchaser agrees and acknowledges that he, she or it is subject to the terms and conditions of the license for use of the Product offered by the Product manufacturer. BIT DIRECT does not offer any license, either express or implied, to copy, reproduce, use, sell, distribute, prepare derivative works based upon or sublicense any of the Products.
f. Return Policy. To request a return or an exchange, Purchasers should contact BIT DIRECT. BIT DIRECT does not automatically ship replacement Product during the return process and shipping charges are non-refundable. All exchanges and returns require a Return Merchandise Authorization (“RMA”) number. The RMA must be requested within 20 days of Purchaser’s receipt of Product. Failure to return a Product within 10 days of RMA issuance date will be deemed to be an acceptance of the Product and thereafter the Product will not be returnable. Purchaser is responsible for shipping the returned Product with adequate insurance coverage, in original packaging with all accessories, software, manuals and blank warranty cards using an authorized carrier that allows the package to be tracked. Tracking information is required. All non-defective returns authorized by BIT DIRECT, whether opened or unopened, will be assessed a minimum 15% restocking fee. Return privileges are subject to various manufacturers’ policies. Many manufacturers have imposed certain additional return restrictions. Consequently, BIT DIRECT reserves the right to decline specific return requests based on those restrictions. Purchaser should ask BIT DIRECT’S customer service about specific return conditions before purchasing any Product.
g. Taxes. All taxes, including but not limited to federal, local, sales, or otherwise will be charged on all Product orders unless necessary exemption certificates are provided before time of sale.
h. Risk of Loss. BIT DIRECT shall maintain the risk of loss of the Products until such time as the Products are placed with a common carrier for delivery to Purchaser, at which time Purchaser will assume the risk of loss.
i. Limitation of Liability. BIT DIRECT’s liability for any Product shall be limited to the amount paid by Purchaser to BIT DIRECT for the Product. In no event shall either party be liable to the other for any SPECIAL, INCIDENTAL or CONSEQUENTIAL damages, whether arising from tort, contract, warranty, defects, or from any other cause.
j. Subsequent Purchases. Each and every time the Purchaser purchases a Product(s) through the Website, the Purchaser reaffirms its consent to these Terms of Sale, as such Terms of Sale were in place at the time of purchase.
k. Governing Law; Legal Fees. The Terms of Sale will be exclusively governed by and construed in accordance with the laws of Florida, and venue for any dispute shall be exclusively in Hillsborough County. To the extent allowed by law, each party hereby waives its right to a jury trial in any litigation against the other party. Purchaser submits to the jurisdiction of the courts of Florida to resolve any dispute related to sale of a Product. Should any party institute legal action concerning the restrictions hereunder, the enforcement of any of the terms and conditions of the Terms of Sale, or the rights and duties of the parties in relation to each other, the prevailing party will be entitled, in addition to such other relief as may be granted, to recover reasonable attorney’s fees and all other related court costs.
Modifications to the Website; Terms. BIT DIRECT reserves the right to modify, suspend, or discontinue the Website at any time without notice to User. For example, BIT DIRECT may make changes to the Content, the Products and prices described in the Website, at any time without notice. The Content may be out of date and BIT DIRECT makes no commitment to update the Content whatsoever. Information published on the Website may refer to Products, programs, or services that are not available in User’s country. The User should contact BIT DIRECT for information regarding the Products, programs, and services that may be available. Additionally, BIT DIRECT may, in its sole and absolute discretion, change these Terms at any time without notice to User. If User objects to any such changes, the User’s sole recourse shall be to cease using the Website. Continued use of the Website following any such change shall indicate User’s acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
Force Majeure. Neither party will be responsible for delays or failures in performance resulting from acts or events beyond its reasonable control that prevent its performance of a transaction contemplated under the Terms, including the Terms of Sale. Force majeure events will include, but not be limited to, acts of God, riots, acts of war, terrorism, epidemics, earthquakes, fires, floods, strikes, civil insurrection, non-availability of materials or components required by BIT DIRECT to manufacture the Products, or other similar events. If a force majeure event impacting either party’s performance continues for a period longer than six months, the other party may terminate this transaction upon written notice and the parties will have no further obligations hereunder other than the executory obligations existing at the time of termination and the obligations which by their terms extend beyond the date of termination.
Binding Upon Parties. The Terms shall be binding upon, shall inure to the benefit of, and shall be enforceable by the User and BIT DIRECT, and their successors and assigns.
Severability. Any term or provision of the Terms that is invalid or unenforceable in any situation in any jurisdiction will not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.
Legal Fees. Should any party institute legal action concerning the restrictions hereunder, the enforcement of any of the Terms, or the rights and duties of the parties in relation to each other, the prevailing party will be entitled, in addition to such other relief as may be granted, to recover reasonable attorney’s fees and all other related court costs.
Miscellaneous. These Terms, together with any additional terms to which User agrees when using particular elements of the Website or dealing directly with BIT DIRECT, constitute the entire and exclusive and final statement of the agreement between the User and BIT DIRECT with respect to the subject matter hereof, superseding any prior agreements or negotiations between User and BIT DIRECT with respect to such subject matter. All BIT DIRECT Parties are third party beneficiaries with respect to these Terms. These Terms and the relationship between User and BIT DIRECT shall be governed by the laws of the State of Florida as applied to agreements made, entered into, and performed entirely in Hillsborough County by Florida residents, notwithstanding User’s actual place of residence. All lawsuits arising from or relating to these Terms or use of the Website shall be brought in the Federal or State courts located in Florida, USA, and User hereby irrevocably submits to the exclusive personal jurisdiction of such courts for such purpose. The failure of BIT DIRECT to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, User nevertheless agrees that the court should endeavor to give effect to the intentions of BIT DIRECT and User as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of User’s use of the Website. These Terms will be interpreted without application of any strict construction in favor of or against User or BIT DIRECT. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by BIT DIRECT without restriction.
BIT DIRECT reserves the right to investigate complaints or reported violations of the Terms and to take any action BIT DIRECT deems appropriate, including without limitation reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to User profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
User agrees to abide by all applicable United States and international laws, treaties and regulations in connection with User’s use of the Website, including those related to data privacy, international communications and the transmission of technical or personal data. User agrees to: (i) notify BIT DIRECT immediately of any unauthorized use of any password or User account or any other known or suspected breach of security; and (ii) report to BIT DIRECT immediately and use reasonable efforts to stop immediately any unauthorized copying or distribution of Content that is known or suspected by User.
Each and every time the User accesses the Website, the User reaffirms its consent to these Terms, as such Terms may be amended from time to time.