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[/fusion_text][fusion_text]BY ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY US, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
THESE TERMS & CONDITIONS SUPERSEDE ANY AND ALL EARLIER AGREEMENTS
THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
All responsibility and liability for any damages caused by viruses contained within the electronic files of this site are disclaimed.
The documents, Services and software provided by us may be used solely for personal, noncommercial, and informational purposes in accordance with our terms and conditions unless provided otherwise in a writing that is signed by our company Attorney listed below. Please carefully read these terms and conditions as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this agreement which happens automatically with your use of our products or Services, (2) your receipt of an e-mail from us confirming your order, whichever happens first.
For the purposes of this Agreement:
“Services” shall include any legal or non-legal acts performed by anyone in our company.
“Software” shall mean any software provided by our company at any given time, whether downloaded to your computer, or provided to you on CD, or utilized online as part of the our Services. The Software includes the program and any and all copies or portions thereof whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.
“Content” shall mean the downloadable files which are interpreted by a client’s web browser for display with or without plug-ins.
“Parties” shall collectively refer to our Company and you.
The terms and conditions listed below are attributable to all of the products, Services and software offered by our company on several web sites. Some things may seem as though they are not applicable but we still reserve 100% of the protection offered by those terms whether or not you feel as though they apply. For the portions that may not seem applicable to you, please proceed to use our products and Services with the understanding that you are agreeing to all
terms and conditions.
Prices for Services- User agrees that they shall pay the price posted for each product that has an advertised price showing on the web page that is listing the particular price and that any charge-backs resulting from non-payment of a credit card will be the responsibility of the user that completed registration for that service.
If you fail to timely pay amounts due (for our Services that charge a fee), we may assign your account for collection with a collection agency.
YOU EXPRESSLY AGREE AND WARRANT THAT YOU ARE IN 100% AGREEMENT WITH ALL TERMS BELOW AND USE OF OUR SOFTWARE, Services OR WEBSITE CONSTITUTES YOUR SIGNATURE AND FULL ACCEPTANCE OF ALL SUCH TERMS
You recognize that the Services, software and any communications from our company and staff to you, including all related information is considered confidential and proprietary information and that any disclosure of such information is strictly prohibited. Any expense incurred by us as a direct or indirect result of disclosing such information will be paid by the offending party. This shall include full indemnification for any and all expenses incurred by our
All updates, improvements, modifications, enhancements, and information related to our software is proprietary, and all rights, including copyright, are owned by us. You further acknowledge that you have been advised that the information on the web site and the software code itself, including updates, improvements, modifications, enhancements, and information related to installation constitutes a trade secret of ours and is protected by civil and criminal law, and by law of copyright, and is valuable and confidential to us, and that its use and disclosure must be carefully and continuously controlled by you.
We shall at all times retain title to all Software and all related information, including all updates, improvements, modifications and enhancements, furnished to you. Unless provided otherwise in the specifications of your separate agreement signed by our company Attorney listed below, the Services supplied are for your personal or business use. You shall not permit any third party to use the license given to you or allow access to the service or software from sites outside of your home or business premises except as specifically authorized in writing by our company Attorney. You agree to notify us forthwith if you obtain information as to any unauthorized possession, use or disclosure of any of our Software by any person or entity, and further agree to cooperate with us in protecting our proprietary rights.
Unless agreed to by us in writing, our software may be used only by the person the license was issued to.
Certain Services and software from our company is provided for online use and the use of such software may be subject to fees. You agree not in any way to translate, de-compile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the software. Any license is automatically revoked upon termination of this Agreement. We reserve the right to modify or discontinue our Services
at any time without notice.
Each paid subscriber is responsible for subscription fees and any charges incurred while accessing our web site.
After you become a registered Subscriber, We can automatically charge your credit card in accordance with your use of our Services as posted on our web site.
You acknowledge and agree that we shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of our web site, software or Services.
IN NO CASE SHALL OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OUR Services OR OTHERWISE RELATED TO OUR Services. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED WHILE USING OUR Services. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY TO OUR COMPANY FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU, INDIVIDUALLY, TO US IN THE TWELVE MONTHS PRECEDING THE BREACH, BUT IN NO EVENT TO EXCEED $5,000. OUR Services ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED UNLESS INCLUDED IN A SEPARATE SIGNED WRITING BY OUR COMPANY ATTORNEY LISTED BELOW. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK.
You agree and warrant that the contact information you have provided us is complete and accurate, and further agree to notify us within ten days of a change to any such contact information. Contact information includes your name, mailing address, telephone number, fax number, and e-mail.
You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the Internet, all data transmitted to or from our servers.
You agree and warrant that no data will be transmitted while using our Services that contain any material which is harmful, violent, threatening, abusive or hateful. You further agree not to transmit data which is libelous, slanderous, defamatory, or in violation or infringement of any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights.
Do not send us confidential information via e-mail without obtaining authorization from us. For more specific, comprehensive and up-to-date information, or for help with particular factual situations, you should seek the opinion of legal counsel licensed in your state.
You agree and warrant that you shall not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of “spamming”. You agree and warrant that we reserve the right to block mail from any source which we believe, in its sole discretion, is being used to send such unsolicited e-mail, including but not limited to open mail relays.
You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of our Services.
You agree that at all times you use our service that you will act in a manner consistent with this Agreement and shall not in any way impair the functioning or operation of our site and/or network. Should your use of our Services result in an overly high load on our servers, we shall, in our sole discretion, suspend your account until the cause of any such overload is determined and resolved to our satisfaction. You agree and warrant that all
applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of our Services and that no taxing authorities shall have any claim against us or any persons affiliated therewith for the payment of such taxes.
You represent and warrant that you are over eighteen years of age (twenty one in places where eighteen years is not the age of majority) and are fully competent to enter into this Agreement.
You agree to comply with all United States Federal, state and local laws while using our Services. You also agree to abide by all federal and local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data in the United States or the country in which you reside.
While using our Services and during the course of this Agreement you may gain access to certain confidential, proprietary and trade secret business or technical information belonging to us (“Confidential Information”). You agree to preserve the confidentiality of all Confidential Information that is provided in connection with the use of our Services, and shall not, without the prior written consent from us, disclose or make available to any person, or use for your own or any other person’s benefit, any Confidential Information and further agree that we retain all rights and title to such Confidential Information.
WE HAVE MADE NO REPRESENTATIONS REGARDING SUCCESS OR FINANCIAL BENEFITS IN ANY WAY.
You confirm that you have decided to enter our web site and use our Services at your own risk and further acknowledge and expressly agree that we, our agents and representatives has have not at any time in the past represented to you directly or indirectly communicated in any manner to you any guarantees unless they are in a separate contract signed by our management.
When termination is requested by a Subscriber, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until termination of service.
INDEMNITY & HOLD HARMLESS AGREEMENT
You agree that we have no control over our public free web pages and that any use by a third party is not our responsibility in regards to what they transmit to you or any other person connected to you in any form and we cannot be held responsible for such use by any third parties. You agree that you use our Services at your own risk and that any causes of action that arise from their use are not our responsibility and any expenses incurred by our company defending any such claims shall be reimbursed by you, to us. This includes any expense related to us defending claims associated with you or as a direct result of you. You further agree to defend, indemnify and hold harmless our company, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by an act or omission of you or your agents in connection with the performance of this Agreement.
It is our policy to respect your privacy. We will not disclose any personal information about you without your prior consent unless such disclosure is a direct result of a violation of this agreement.
WE RESERVE THE RIGHT TO MONITOR YOUR ACCOUNT AND ANY SUB-ACCOUNT, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT OR TO ASSIST WITH CRIMINAL OR CIVIL INVESTIGATIONS.
TERM AND TERMINATION
After termination of our Services, you will no longer have access to your account and all information or content, including but not limited to e-mails, web pages, CGI scripts, log files, databases, or other data files associated with your account. This information may be deleted and we accept no liability for such deleted information or content.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or un enforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included.
Failure of us at any time to enforce any of the provisions of this Agreement shall not preclude any other or further enforcement of such provision.
We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services with or without notice. You agree that we shall not be liable to you or to any third party as a result of the discontinuing of Services.
YOU AGREE TO NEGOTIATE WITH US IN GOOD FAITH TO RESOLVE ANY CLAIM YOU FEEL YOU HAVE WITH US. YOU ALSO AGREE TO HAVE A MEDIATION SESSION IN LOS ANGELES THAT IS REFERRED BY THE LOS ANGELES COUNTY BAR BEFORE FILING ANY TYPE OF ACTION AGAINST OUR COMPANY.
If you fail to timely pay amounts due (for our Services that charge a fee), we may assign your account for collection with a collection agency. Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. YOU ALSO ACKNOWLEDGE THAT THIS SECTION WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION
THIS IS THE ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements made prior to January 1, 2006. Any discussion, or representations, whether written or oral made before January 1, 2006 are void. No officer, employee or representative of this company or you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement and you hereby acknowledge that you have not executed this Agreement in reliance upon any such representation or promise.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
This site contains links to other Internet sites. These links are provided solely as a convenience to you and are not endorsements of any products or Services in such sites, and no information in such site has been endorsed or approved by us. These third party sites may also contain opinions and viewpoints of third parties that do not necessarily coincide with our opinions and viewpoints. Those sites may also have privacy policies different than our policy. We have linked our site to other Web sites. You should understand that this does not mean that we have looked at all those sites, that we have checked them out, or that we endorse them. We disclaim any responsibility if some site you link to has material on it that offends you in any way.
Acceptance of Agreement
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
Our web site and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use
Forms, Agreements & Documents
We may make available through the Site or through other Web sites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, correctness, accuracy, and/or appropriateness. The Documents are provided “as is”, “as available”, and with “all faults”, and we and any provider of the Documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.
No Legal Advice or Attorney-Client Relationship
Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. We are not a law firm and the Site is not a lawyer referral service.
Linking to the Site
You may provide links to the Site, provided you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site. Provided your site does not engage in illegal or pornographic activities, and you discontinue providing links to the Site immediately upon request by us.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) 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.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
The materials on this web site are designed to enable you to learn more about the Services we offer to our clients.
These materials do not, and are not intended to, constitute legal advice, nor are they intended as a source of advertising or solicitation. The result of any legal matter may vary depending upon specific facts and applicable law; no reader should act on the basis of any matter contained on this web site without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials contained in this web site do not create and are not intended to create an attorney-client relationship. Please do not send us confidential information unless you have express authorization from one of our staff to send us such information and always retain a copy for your records because we shred all unnecessary documents for your protection[/fusion_text][/fullwidth]