Terms of Use and Agreement of Service

Welcome to CCG Underground! Before you register for your account, you must read and agree to these Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

1.1 Your use of CCG Underground’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by CCG Underground under a separate written agreement) is subject to the terms of a legal agreement between you and CCG Underground. “CCG Underground” means CCG Underground and any related web sites, whose principal place of business is at 2091 Ferentz Trace, Norcross, GA 30092, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2 Unless otherwise agreed in writing with CCG Underground, your agreement with CCG Underground will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

1.3 Your agreement with CCG Underground will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and CCG Underground in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

1.6 It is your responsibility for reviewing and becoming familiar with this agreement and any modifications.

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

(A) clicking to accept or agree to the Terms, where this option is made available to you by CCG Underground in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that CCG Underground will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with CCG Underground, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3.1 Where CCG Underground has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with CCG Underground.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4.1 CCG Underground has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of CCG Underground itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

4.2 CCG Underground is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which CCG Underground provides may change from time to time without prior notice to you.

4.3 As part of this continuing innovation, you acknowledge and agree that CCG Underground may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at CCG Underground’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform CCG Underground when you stop using the Services.

4.4 You acknowledge and agree that if CCG Underground disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4.5 You acknowledge and agree that while CCG Underground may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by CCG Underground at any time, at CCG Underground’s discretion.

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to CCG Underground will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United Statesor other relevant countries).

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by CCG Underground, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.5 Unless you have been specifically permitted to do so in a separate agreement with CCG Underground, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.6 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which CCG Underground may suffer) of any such breach.

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to CCG Underground for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify CCG Underground immediately.

7.1 CCG Underground collects personal information when you register for our service or otherwise voluntarily provide such information. We may combine personal information collected from you with information from other services or third parties to provide a better user experience, including customizing content for you.

7.2 CCG Underground uses cookies and other technologies to enhance your online experience and to learn about how you use our services in order to improve the quality of our services.

7.3 CCG Underground's servers automatically record information when you visit our website or use some of our products, including the URL, IP address, browser type and language, and the date and time of your request.

7.4 We may share information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuing the security of our network and services.

8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

8.2 You should be aware that Content presented to you as part of the Services, including but not limited to listings and advertisements in the Services may be protected by intellectual property rights which are owned by the sellers, sponsors or advertisers who provide that Content to CCG Underground (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by CCG Underground or by the owners of that Content, in a separate agreement.

8.3 CCG Underground reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

8.5 You agree that you are solely responsible for (and that CCG Underground has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which CCG Underground may suffer) by doing so.

9.1 CCG Underground respects the intellectual properties of others. It’s our policy to respond expeditiously to claims of copyright and other intellectual property infringement.

9.2 CCG Underground may act to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

9.3 CCG Underground will terminate access for users and account holders who are repeat infringers.

9.4 Notifying CCG Underground of infringement is accomplished by providing written communication to the attention of “DMCA Infringement Notification Dept” care of abuse@CCGUnderground.com that sets forth the information specified by the DMCA.

10.1 Sales solicitations, advertisements, and listings are all provided by users. A purchase facilitated through CCG Underground is a binding agreement between the buyer, seller, and CCG Underground.

10.2 You agree that the products being listed are in your possession, or will be in your possession within a reasonable amount of time. The products are yours to sell and are originals in the condition stated in the listing. Any counterfeit products will result in immediate loss of access to the site, and forfeit of all monies earned.

10.3 No listing may contain advertising or solicitation for other products, websites, or listings without separate permission. This includes but not limited to email links, personal web sites, referral sites, and newsletters.

10.4 By listing an item for sale, you agree to describe the product accruatety and truthfully to best of your ability. You also agree to accept and pay the commission and any other fees charged by the use of this site.

10.5 By listing an item for sale, you agree to abide by and be bound by the shipping policy found in Answers

11.1 Any disputes on items sold are to be brought to CCG Underground before they are presented to any third parties for resolution.

11.2 The administrators of CCG Underground will work to resolve all disputes between users and has the final decision on any dispute.

12.1 All sales originating and facilitated by CCG Underground are subject to a 15% commission fee. This fee is withheld before any remaining funds are transferred to the seller.

12.2 All sellers will have an account with CCG Underground where their sales amounts are tracked. We distribute funds based on actual sold and shipped items.

13.1 You will indemnify and hold harmless CCG Underground, its parents, subsidiaries, affiliates, customers, vendors, officers, trustees, and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or CCG Underground User ID, of any intellectual property or other right of any person or entity.

14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT OUR’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

14.3 IN PARTICULAR, CCG UNDERGROUND, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CCG UNDERGROUND OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

14.6 CCG UNDERGROUND FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CCG UNDERGROUND, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY SALES LISTING OR ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY SELLER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES WHICH CCG UNDERGROUND MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE CCG UNDERGROUND WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

15.2 THE LIMITATIONS ON CCG UNDERGROUND’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT CCG UNDERGROUND HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.