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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: _________________
By Phone: _________________
By e-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, 335
Madison Avenue, Floor 10, New York, New York,
10017-4605. Hearing
will take place in the city or county of
[name of
website operator].
In no case shall you have the
right to go to court or have a jury trial. You will not
have the right to engage in pre-trial discovery except as
provided in the rules; you will not have the right to
participate as a representative or member of any class of
claimants pertaining to any claim subject to arbitration; the
arbitrator's decision will be final and binding with limited
rights of appeal. The prevailing party shall be reimbursed by
the other party for any and all costs associated with the
dispute arbitration, including attorney fees, collection fees,
investigation fees, and travel expenses.
(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:
[name of website operator]
[address]
[phone number]
[e-mail
address]
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