GENERAL TERMS AND CONDITIONS
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.
DEFINITIONS
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.
AGREEMENT
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 company.
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.
LIMITED LIABILITY
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.
CONFIDENTIALITY
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.
PRIVACY
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.
REGARDING HYPERLINKS
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.
YOUR CONSENT
By using our Web site you consent to our collection and use of your
personal information as described in this Privacy Policy. If we change
our privacy policies and procedures, we will post those changes on our
Web site to keep you aware of what information we collect, how we use
it and under what circumstances we may disclose it.
Terms of Use Agreement
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the
Site, the content, products or Services provided by or through the
Site, and the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific notice to
you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
Copyright
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.
Service Marks
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
Your license for access and use of the Site and any information,
materials or documents (collectively defined as "Content and
Materials") therein are subject to the following restrictions and
prohibitions on use: You may not (a) copy, print (except for the
express limited purpose permitted by Section 4 above), republish,
display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of the
Site or any Content and Materials retrieved there from; (b) use the
Site or any materials obtained from the Site to develop, of as a
component of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing or
hereafter developed), that is offered for commercial distribution of
any kind, including through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism; (c) create compilations
or derivative works of any Content and Materials from the Site; (d) use
any Content and Materials from the Site in any manner that may infringe
any copyright, intellectual property right, proprietary right, or
property right of us or any third parties; (e) remove, change or
obscure any copyright notice or other proprietary notice or terms of
use contained in the Site; (f) make any portion of the Site available
through any timesharing system, service bureau, the Internet or any
other technology now existing or developed in the future; (g) remove,
de-compile, disassemble or reverse engineer any Site software or use
any network monitoring or discovery software to determine the Site
architecture; (h) use any automatic or manual process to harvest
information from the Site; (i) use the Site for the purpose of
gathering information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and (3)
unsolicited telephone calls or facsimile transmissions; (j) use the
Site in a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; and (k)
export or re-export the Site or any portion thereof, or any software
available on or through the Site, in violation of the export control
laws or regulations of the United States.
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.
Advertisers.
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.
Registration
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.
Unlawful Activity
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.
Indemnification
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.
Nontransferable
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.
In Closing
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.