h Terms & Contidions

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The Terms & Conditions Have Changed

Please Read Carefully

This Terms of Use Agreement ("Agreement") constitutes a valid, binding contract between any individual, group, organization, corporation, firm, nonprofit, or educational institution ("you") using the website www.StampAlbumProfessional.com (the "Site") registered and owned by Dexter Oddwick (the "Owner") and Stamp Album Professional (hereafter "SAPro") and its affiliates ("SAPro"), a free website for designing stamp album pages, the owner and operator of www.stampalbumpro.com, with respect to the use of this website (the "Site"). The products and services of SAPro are provided subject to compliance with the terms of this Agreement. Your use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and SAPro. Please print a copy of this agreement for your records.

Disclaimers, Indemnifications, and Limitations of Liability

  1. This website is provided "as is." SAPro makes no express or implied warranties with respect to matters such as accuracy, completeness, timeliness, fitness for a particular purpose, non-infringement, and merchantability in regard to the content on this website.
  2. SAPro assumes no contractual liability for trademark or other infringements on intellectual property rights with respect to infringing material provided by third parties to SAPro or posted on this site by third parties.
  3. SAPro assumes no liability for errors or omissions of material that appears on this website.
  4. SAPro shall have no liability for damages arising from any reliance on data, information, or other content published on this website.
  5. The aforementioned disclaimers (1-4) shall apply with equal force to any and all material provided by reference, hyperlink, or in response to an inquiry submitted or directed to this site.
  6. Neither the mention of, citation to, or other reference to any individual, group, organization, product, viewpoint, opinion, theory or any and all such entities and matters shall constitute an endorsement thereof or infer any association therewith in regard to SAPro. Conversely, the failure to so mention, cite, or otherwise reference shall not be construed, deemed or otherwise understood as implying or inferring anything whatsoever.

Personal Use of Contents

The content of the Site is for your personal, noncommercial use. Content copied, downloaded, or printed must retain all copyright, trademark, and other proprietary notices. Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Site in whole or in part without SAPro's prior written consent. For commercial use of any portion of the contents you must secure the written consent from SAPro.

Use of Site

Your use of the Site is at the sole discretion of SAPro, which may deny you further use of the Site at any time, for any reason, with or without cause. Neither your use of the Site nor registration entitles you to continue to use the Site.

In order for us to provide services through this Site, you must provide true, accurate, and current information about yourself as prompted by the Site's registration forms. SAPro is not responsible for transactions resulting from information you provide that is untrue, inaccurate, incomplete, or fraudulent.

Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:

  1. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
  2. upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  3. upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  4. or upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware, or telecommunications equipment.

In addition, this site is strictly for personal use.  Any person attempting to use this site for anything other than personal use or:

  1. as an agent, representative, or otherwise under the direction of Faulkner, Garmhausen, Keister & Shenk, Amos Advantage Press Incorporated or any other individual, group, corporation, nonprofit, or association acting on their behalf, whether paid, unpaid, or as an unsolicited individual providing information at their bequest; or
  2. as an individual whether acting independently or at the direction of another, whether paid or unpaid, with the intent of using or providing information gained in the use of this site for the purpose of prosecution or the attempt of halting the production of this site; or
  3. any other individual, organization, nonprofit, group, collective, firm, corporation, or association using this site for any other purpose other than personal use and whose actions result in legal proceedings; or
  4. any other use of this site that is for a purpose other than personal, non-commercial enjoyment

shall be considered fraudulent usage.  As a condition of the use of this site, you agree in full understanding that fraudulent use is strictly forbidden and you also agree that you will be liable in full for, but not limited, to the following:

  1. ANY and ALL legal expenses incurred as a result of any proceedings brought as a result of fraudulent use,
    1. regardless of the outcome, verdict, disposition, or dismissal of the proceedings, and
    2. regardless of the forum of the proceedings, whether in court, arbitrated, or negotiated, and
    3. any miscellaneous legal fees incurred, including but not limited to: notarizing, filing, and or court costs; and
  2. ANY financial obligations incurred as a levied as result of a judgment, fine, penalty, sanction, fee, settlement, verdict, decision, adjudication, ruling, pronouncement, decree, finding or agreement, whether by way of judgment, jury verdict, arbitration, or settlement; and
  3. ANY direct or indirect expenses relating to jurisdictional issues, including but not limited to, travel, food, and lodging; and
  4. ANY medical expenses as a result of legal proceedings, including but not limited to:
    1. medical treatment sought as a result of anxiety or stress related disorders brought on by said proceedings; and
    2. prescriptions medications for treatment of any disorders that develop as a result of stress, sleep deprivation, anxiety, phobias, or nervous tension; and
    3. any continuing treatment of incurred illnesses beyond the duration of legal proceedings, regardless of of the outcome, verdict, or disposition of the case; and
    4. any medical co-payments, insurance premiums, or other medical expenses incurred during the illness; and
  5. ANY loss of wages, salaries, tips, deposits, lost contracts, or any other expenses that are a direct result of legal proceedings; and
  6. ANY financial compensation deemed reasonable by judge or jury for hardship and or suffering as a direct result of legal proceedings.

Failure to read the terms, failure to understand the terms, or poor financial standing shall not be considered an affirmative defense.

Links to Other Sites

The Site may contain links to third party websites. Such third party websites are not under the control of SAPro. Please note that SAPro is not responsible for the accuracy or content of websites of other providers which may have links from this Site. Accordingly, SAPro can make no representation concerning the content of these sites to you, nor can the fact that SAPro has provided this link serve as an endorsement by SAPro of this or any other site. In creating hypertext links to any other website, SAPro is not recommending that website or giving any assurances as to its standing. SAPro is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. SAPro makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.

Registration and Pin Numbers and Passwords

SAPro encourages you to register in order to take full advantage of the information available on this Site. To make your experience easier and more convenient, we will store your registration information for future use. The information we store may include your name and e-mail address. We may use the information you provide to electronically send you information related to this Site. Please refer to our privacy policy to learn about what information SAPro collects and why. In consideration of your use of the Site as a registered user, you agree to:

  1. Provide true, accurate, current and complete information about yourself as prompted by the Site's registration forms; and
  2. Maintain and promptly update the registration information to keep it true, accurate, current, and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or SAPro has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, SAPro has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

If you would like to update your registration information, please contact SAPro's webmaster.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS SAPRO FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF SAPRO, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SAPRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT, QUALITY, PERFORMANCE, NONINTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
  2. SAPRO MAKES NO WARRANTY THAT:
    1. YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
    2. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
    3. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAPRO OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.


Limitations and Exclusions of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAPRO SHALL NOT BE LIABLE FOR ANY DIRECT, 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 SAPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE SITE;
  2. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  3. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
  4. ANY OTHER MATTER RELATING TO THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, SAPRO'S LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE SUM OF PAYMENTS MADE FOR PRODUCTS PURCHASED THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST SAPRO ARISING OUT OF THE USE OF THE SITE.

SAPRO SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

Intellectual Property Rights

The Site is protected by copyright, trademark, trade dress and other intellectual property rights.

SAPro grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
The SAPro logo, and other trademarks, service marks, logos, product names and service names (collectively, the "Marks") are owned or licensed by SAPro. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of SAPro.
The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are copyright 2006-2017, Stamp Album Professional. All rights reserved.

Modification

SAPro may update, revise, supplement, modify, or amend this Agreement at any time. Any updates, revisions, supplements, modifications, or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications, or amendments.

Entire Agreement

This Agreement constitutes the entire agreement between you and SAPro with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement, and there has been no reliance by you upon any such representations, warranties, terms, agreements or conditions.

Severability

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

Governing Law and Venue

This Agreement, the entire relationship between you and SAPro, and any litigation or other legal proceeding between you and SAPro (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to its choice of law rules.

This contract is fully performable in Pueblo, Colorado. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Pueblo County, Colorado. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Termination

SAPro may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. in the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

Digital Signature

As a condition of use of this site, a digital signature and or initials, your internet protocal (IP) address, and current timestamp will be gathered and required as proof that you have read and agree to all of the terms set forth for usage of this site. 

Contact Information

If you have a comment, question or request, or if you need to contact SAPro for any other reason,
Send mail to SAPro at:
Stamp Album Professional
c/o Dexter Oddwick
P.O.Box 11026
Pueblo, Co 81001
USA