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TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our
customers. By using this site, you agree to comply with and be bound
by the following terms and conditions of use. Please review these
terms and conditions carefully. If you do not agree to these terms
and conditions, you should not use this site.
1. Agreement. This
Agreement (the “Agreement'”) specifies the Terms and Conditions for
access to and use of [name of
website] (the “Site'”) and describe the terms and conditions
applicable to your access of and use of the Site. This Agreement may
be modified at any time by [name
of website operator] upon posting of the modified agreement. Any
such modifications shall be effective immediately. You can view the
most recent version of these terms at any time at [website
address]. Each use by you shall constitute and be deemed your
unconditional acceptance of this Agreement.
2. Intellectual Property Ownership.
(a) Our Content. All content included on this site is and
shall continue to be the property of [name
of website operator] or its content suppliers and is protected
under applicable copyright, patent, trademark, and other proprietary
rights. Any copying, redistribution, use or publication by you of
any such content or any part of the Site is prohibited without
express permission by [name
of website operator]. Under no circumstances will you acquire
any ownership rights or other interest in any content by or through
your use of this site. [Trademark]
is the trademark or registered trademark of [name
of website operator]. Other product and company names mentioned
on this Site may be trademarks of their respective owners.
(b) User Supplied Content. By accessing our forum, bulletin
board, chat room, or any other user interactive area of our site,
and placing any information in any of those areas, you hereby grant
us a perpetual, irrevocable, royalty free license in and to such
materials, including but not limited to the right to post, publish,
transmit, distribute, create derivative works based upon, create
translations of, modify, amend, enhance, change, display and
publicly perform such materials in any form or media, whether now
known or later discovered. You also grant to others who access the
forum, bulletin board, chat room or any other user interactive area
of our site a perpetual, non-revocable, royalty free license to
view, download, store and reproduce your postings but such license
is limited to the personal use and enjoyment of such other party.
(c) Personal Use. [Name
of website operator] grants you a limited, revocable,
nonexclusive license to use this site solely for your own personal
use and not for republication, distribution, assignment, sublicense,
sale, preparation of derivative works, or other use. You agree not
to copy materials on the site, reverse engineer or break into the
site, or use materials, products or services in violation of any
law. The use of this website is at the discretion of [name
of website operator] and [name
of website operator] may terminate your use of this website at
any time.
(d) Other Uses. All other use of Content from the Site,
including, but not limited to uploading, downloading, modification,
publication, transmission, participation in the transfer or sale of,
copying, reproduction, republishing, creation of derivative works
from, distribution, performance, display, incorporation into another
web site, reproducing the Site (whether by linking, framing or any
other method), or in any other way exploiting any of the Content, in
whole or in part, is strictly prohibited without [Name
of website operator] prior express written consent.
3. Disclaimers.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS
PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF
THIS SITE IS AT YOUR SOLE RISK. [Name
of website operator] DISCLAIMS ALL WARRANTIES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY
WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND
EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO
DISCONTINUE USING THE SITE.
FURTHERMORE, [Name of website operator]
DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED,
AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. [Name of website operator] ,
ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY
FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY
INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE SITE. USE OF THE SITE'S SERVICES IS DONE AT
YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT
FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY. [Name of website operator]
SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD
PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH
[Name of website operator]
OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER
MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY
SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE
SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, EVEN IF [Name of website operator]
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS.
The information
presented in this Website is intended to be for your educational and
entertainment purposes only.
We are not
presenting you with a business opportunity.
We are not
presenting you with a distributorship.
We are not
making any claims as to income you may earn.
We are not
presenting you with an opportunity to get rich.
Before embarking
on any endeavor, please use caution and seek the advice your own
personal professional advisors, such as your attorney and your
accountant.
Where income
figures are mentioned (if any), those income figures are anecdotal
information passed on to us concerning the results achieved by the
individual sharing the information. We have performed no independent
verification of the statements made by those individuals. Please do
not assume that you will make those same income figures.
Please do not
construe any statement in this website as a claim or representation
of average earnings. There are NO average earnings. Testimonials and
statements of individuals are not to be construed as claims or
representations of average earnings. We cannot, do not, and will not
make any claims as to earnings, average, or otherwise.
Success in any
endeavor is based on many factors individual to you. We do not know
your educational background, your skills, your prior experience, or
the time you can and will devote to the endeavor.
Please perform
your own due diligence before embarking on any course of action.
Follow the advice of your personal qualified advisors.
There are risks
in any endeavor that are not suitable for everyone. If you use
capital, only "risk" capital should be used.
There is no
guarantee that you will earn any money using any of the ideas
presented in our in materials. Examples in our materials are not to
be interpreted as a promise or guarantee of earnings.
Many factors will be important in determining your actual
results and no guarantees are made that you will achieve results
similar to ours or anybody else’s. No guarantee is made that you
will achieve any result at all from the ideas in our material.
You agree that
we will not share in your success, nor will we be responsible for
your failure or for your actions in any endeavor you may undertake.
Please
understand that past performance cannot be an indication of possible
future results.
Materials in our
product and our website may contain information that includes or is
based upon forward-looking statements within the meaning of the
securities litigation reform act of 1995. Forward-looking statements
give our expectations or forecasts of future events. You can
identify these statements by the fact that they do not relate
strictly to historical or current facts. They use words such as
“anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,”
“believe,” and other words and terms of similar meaning in
connection with a description of potential earnings or financial
performance. Any and all forward looking statements in our materials
are intended to express our opinion of earnings potential. They are
opinions only and should not be relied upon as fact.
4. Terms Relating to User
Supplied Site Content.
(a) Participate at Your Own
Risk. You enter and participate in our forum, bulletin board,
chat room, or any other user interactive area of our site, and gain
access to the materials contained thereon at your own risk.
(b) No Monitoring. We do
not monitor or screen communications on our forum, bulletin board,
chat room, or any other user interactive area of our site and we are
not responsible for any material that any of our forum, bulletin
board, chat room, or any other user interactive area of our site
participant posts and we do not assume the responsibility to do so.
In the event that we are notified by any party that any
communications contained in our forum, bulletin board, chat room, or
any other user interactive area of our site is contrary to these
terms, we may, but are not obligated to, investigate the situation
and determine in our own discretion, whether to remove such
communication from our forum, bulletin board, chat room, or any
other user interactive area of our site.
We have no liability or responsibility to investigate or
remove any content from our forum, bulletin board, chat room, or any
other user interactive area of our site based upon a complaint or
otherwise.
(c) Your Reliance at Your
Risk. We do not make any representations or warranties as to the
truth or accuracy of any statement made or materials posted on or
through our forum, bulletin board, chat room, or any other user
interactive area of our site.
You agree and acknowledge that you assume the risk of any
actions you take in reliance upon the information that may be
contained in our forum, bulletin board, chat room, or any other user
interactive area of our site.
(d) No Endorsement. We
do not endorse or lend any credence for any statements that are made
by any participant in our forum, bulletin board, chat room, or any
other user interactive area of our site. Any opinions or views
expressed by our forum, bulletin board, chat room, or any other user
interactive area of our site participants are their own.
We do not endorse or support or otherwise give any credence
or reason for reliance on any such statements or opinions.
(e) You are Responsible.
You are fully responsible for your own statements and materials that
you post in our forum, bulletin board, chat room, or any other user
interactive area of our site and any consequences, whether or not
foreseen, to any party who may rely upon these statements.
You agree that you will not take any action directed towards
attempting to hold us responsible for any such materials or
statements.
(f) Removal of Material.
As a participant in our forum, bulletin board, chat room, or any
other user interactive area of our site, you agree that we may
remove any materials from our forum, bulletin board, chat room, or
any other user interactive area of our site for any reason, in our
sole discretion, or for no reason at all.
This includes material which is disruptive, abusive,
offensive, illegal, vulgar, pornographic, or any other material.
You hold us harmless from and against any damage you or
others may suffer as a result of our removal of any content from our
forum, bulletin board, chat room, or any other user interactive area
of our site or from the discontinuance of our forum, bulletin board,
chat room, or any other user interactive area of our site at any
time.
(g) Right to Expel. We
have the right to remove, expel, or disqualify any party from
participation and access to our forum, bulletin board, chat room, or
any other user interactive area of our site for any time and for any
reason, or for no reason whatsoever, in our sole and absolute
discretion. This
includes, but is not limited to any violation of this agreement,
disruptive behavior, complaints from other parties, any allegedly
illegal activity, or for any other reason or for no reason at all.
(h) Right to Terminate.
We reserve the right to terminate our forum, bulletin board, chat
room, or any other user interactive area of our site at any time and
all users hold us harmless from and against any claims, damages,
suits, threats, demands, liabilities, actions, causes of action, or
injuries that may result therefrom, including but not limited to any
consequential, incidental, and special damages of every nature and
type.
(i) Prohibitions. You
agree that you will not (1) use our forum, bulletin board, chat
room, or any other user interactive area of our site for any illegal
purpose, (2) place any material in our forum, bulletin board, chat
room, or any other user interactive area of our site that violates
the copyrights, trademarks, trade secrets, confidential information
or other rights of any other party, (3) place any material in our
forum, bulletin board, chat room, or any other user interactive area
of our site that contains a false statement about any person,
infringes upon the privacy rights of any other person, or threatens,
harasses, abuses or embarrasses any other person, (4) place any
obscene, pornographic, sexually explicit or violent materials,
graphics, photographs, text or otherwise in our forum, bulletin
board, chat room, or any other user interactive area of our site,
(5) place any advertising, attempted business solicitation,
marketing materials or sales promotional materials in our forum,
bulletin board, chat room, or any other user interactive area of our
site, (6) pretend to be another person that you are not, (7) place
materials in our forum, bulletin board, chat room, or any other user
interactive area of our site that are disruptive or off-topic.
(j) Hold Harmless and
Indemnify. You hold us harmless from, and indemnify us against,
any and all claims for damages from third parties arising from your
participation, use or conduct in our forum, bulletin board, chat
room, or any other user interactive area of our site.
5. Miscellaneous.
(a)
Prohibition Against Data
Mining. You are prohibited from data mining, scraping, crawling,
email harvesting or using any process or processes that send
automated queries to the [Name of website operator] Web site. You
may not use the [Name of website operator] Web site to compile a
collection of listings, including a competing listing product or
service. You may not use the Site or any Materials for any
unsolicited commercial e-mail.
(b) Intended Audience. This
website is intended for adults only. This website is not intended
for any children under the age of 18.
(c) Compliance with Laws. You
agree to comply with all applicable laws regarding your use of the
website. You further agreed that information provided by you is
truthful and accurate to the best of your knowledge.
(d) Indemnification. You
agree to indemnify, defend and hold [name
of website operator] and our partners, employees, and
affiliates, harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of
this Agreement or use of the Site.
(e) Privacy. Your visit
to our site is also governed by our Privacy Policy. Please review
our Privacy Policy at [website
address]. [Name of
website operator] reserves the right, and you authorize us, to
use and assign all information regarding site uses by you and all
information provided by you in any manner consistent with our
Privacy Policy.
(f) DMCA Notice. If you
believe your work has been copied in a way that constitutes
copyright infringement, please provide a notice containing all of
the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been
infringed;
(3) A description of where the material that you claim is infringing
is located on the Site;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law; and
(6) A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf.
Our Copyright Agent for Notice of claims of copyright infringement
on the Site is _________________, who can be reached as follows:
By Mail: _________________
(g) Applicable Law. You
agree that the laws of the state of _________________, without
regard to conflicts of laws provisions will govern these Terms and
Condition of Use and any dispute that may arise between you and [name
of website operator] or its affiliates. Venue shall be in [name
of county].
(h) Arbitration.
As part of the
consideration that
[name of website operator]
requires
for viewing, using or interacting with this website, you agree to
the use of binding arbitration for any claim, dispute, or
controversy of any kind (whether in contract, tort or otherwise)
arising out of or relating to this website.
Arbitration shall be conducted pursuant to the rules of the American
Arbitration Association which are in effect on the date a dispute is
submitted to the American Arbitration Association. Information
about the American Arbitration Association, its rules, and its forms
are available from the American Arbitration Association,
(i) Severability. If any
provision of this Agreement shall be adjudged by any court of
competent jurisdiction to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement will otherwise remain in full force
and effect.
(j) Termination. [Name
of website operator] may terminate this Agreement at any time,
with or without notice, for any reason.
(k) Contact Information.
HOW TO CONTACT US:
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