Welcome to Tony Seba (“Tony Seba,” “Us,” or “Our”). Tony Seba provides its services to you on this www.cleandisruption.com website (the “Site”) subject to the following terms and conditions (“Terms”). If you visit the Site or purchase products through the Site, you accept these conditions, so please read them carefully as these terms are legally binding on you. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE.
Limited License and Site Access
Tony Seba grants you a limited license to access and make personal use of this Site, including all information, documents, products, software and services trademarks, logos, graphics and images provided on the Site (the “Materials”). You may not download (other than page caching), modify, edit, alter, change or enhance the Materials on the Site or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the Materials on the Site or its contents; any collection and use of any product listings, descriptions, editorial content, message boards or prices; any derivative use of this Site or its Materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. This Site and its Materials or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not use any Tony Seba logo or other proprietary graphic or trademark as part of the link without express written permission. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Tony Seba and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Tony Seba‘s name or trademarks without our express written consent. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Tony Seba so long as the link does not portray us, our affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.
This limited license terminates automatically, without notice to you, if you breach any of these Terms Upon termination of this limited license, you agree to immediately destroy any downloaded and printed Materials.
Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of Tony Seba.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, etc. is the property of Tony Seba and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Tony Seba and protected by U.S. and international copyright laws. All software used on this site is the property of Tony Seba or its software suppliers and protected by United States and international copyright laws. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Notices and Procedure for Claims of Copyright Infringement
Tony Seba respects the intellectual property rights of others. We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this site:
Attn: Tony Seba
To be effective, the notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Tony Seba and other Tony Seba graphics, logos, page headers, button icons, scripts and service names are trademarks, registered trademarks or trade dress of Tony Seba or its affiliates in the U.S. and/or other countries. Tony Seba’s trademarks and trade dress may not be used in connection with any product or service that is not Tony Seba’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tony Seba. All other trademarks not owned by Tony Seba or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Tony Seba or its affiliates.
Third Party Content
Tony Seba DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Third Party Interaction and Links to Third Party Sites
In your use of the Site, you may enter into correspondence with, purchase goods and/or services or participate in promotions of advertisers or members or sponsors showing their goods and/or services on or advertised through the Site. Unless otherwise stated, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Tony Seba has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Restricted Areas of the Site
Certain functions of the Site are restricted to authorized users or require you to provide personal information (“Restricted Areas”). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password or your employees’ passwords and account information, if any, and agree to notify Tony Seba if the password is lost, stolen, disclosed to an unauthorized third party or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities, which occur under your account, including any fees, which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Tony Seba of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO Tony Seba.
Message Board Rules and Etiquette
Tony Seba asks that you respect the Tony Seba online community as well as other individuals participating within the Tony Seba online community. In addition, you agree not to:
- Participate in off-topic discussions;
- Offer for sale products or services;
- Disparage the products or services of any company or individual;
- Impersonate or represent Tony Seba, Tony Seba staff or other industry professionals;
- Solicit a Tony Seba member’s password or other account information;
- Harvest screen names for any purpose;
- Use racially or ethnically offensive language;
- Discuss, solicit or incite illegal activity;
- Disrupt the flow of discussions on the message boards or chat in chat rooms in any manner, including, without limitation, vulgar language, abusiveness, repeatedly hitting the return key or inputting large images to make review of the material on the screen difficult for other participants;
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); or
- Harass, threaten, embarrass or do anything else to a board or chat participant that is unwanted.
Please remember that posted messages and other Material provided by users may represent opinion or judgment. Please be aware that in message boards, people may sometimes post messages or make statements, intentionally or unintentionally, that are misleading, deceptive and wrong. Tony Seba will not be responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the information you get from our site, including any loss or damage caused by a member’s reliance on information obtained through the Tony Seba site. For your own safety and security, please take independent steps to verify any information on which you intend to rely.
You acknowledge that your Submissions, participation in message boards and unauthorized use of any Materials or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your screen name and/or password. As such, you agree to hold Tony Seba entirely harmless from and against any and all costs, damages, liabilities and expenses (including attorneys’ fees) incurred by Tony Seba in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name and/or password (including, without limitation, your participation in the chat rooms or your Submissions) violates any applicable law or regulation or the rights of any third party.
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions and outdated information, which may affect the quality of the Materials and the Third Party Content. You acknowledge that neither the Materials nor the Third Party Content have been independently verified or authenticated in whole or in part by Tony Seba, and agree that Tony Seba does not warrant the accuracy or timeliness of the Materials or the Third Party Content, and further agree that Tony Seba has no liability for any errors or omissions in the Materials and the Third Party Content, whether provided by Tony Seba or its licensors.
Tony Seba, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS-IS” AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Tony Seba SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE OR IN RELATION TO YOUR SUBMISSIONS. IN NO EVENT SHALL Tony Seba BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF Tony Seba HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Tony Seba controls and operates this Site from its headquarters in the United States of America and makes no representation that the Materials are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.
Tony Seba does not monitor your data or transmissions. However, Tony Seba does actively monitor accounts for system utilization. If Tony Seba becomes aware of inappropriate use of the Site or any Tony Seba service, Tony Seba may respond. You acknowledge that Tony Seba will report to law-enforcement authorities any actions, which may be considered illegal, as well as any reports it receives of such conduct. When requested, Tony Seba will cooperate fully with law-enforcement agencies in any investigation of alleged illegal activity on the Internet.
If you violate these Terms, Tony Seba reserves the right to terminate your ability to post submissions without notice. In addition, you agree to terminate your use of the Site upon request. Tony Seba ‘s preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action.
You agree that Tony Seba can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.
Any action related to these Terms will be governed by the law of the Commonwealth of Massachusetts and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the Commonwealth of Massachusetts, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Tony Seba to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Tony Seba in writing. The Terms comprise the entire agreement between you and Tony Seba and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.