Oct 01 2007

Terms of Service

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This is the user agreement (the “Agreement” or “User Agreement”). This Agreement describes the terms and conditions applicable to your use of our products and services. If you do not agree to be bound by the terms and conditions of this Agreement, you are not permitted to access our website, resources, or services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may access our site.

Copyrighted Materials:

This web site, and materials contained within, are subject to the protection of USA and International copyright laws. Users may not reproduce any of these materials without the prior written permission of us.

Licensing Restrictions:

Users agree to abide by any and all licensing rules or restrictions that have been created by the owners of the works contained within the website.

Minimum Age:

Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. You must be AT LEAST 18 years old to access the website, resources, and services.

Liability:

In no event shall we be liable for any punitive, special, direct, indirect, incidental, or consequential damages, whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Our liability for damages, regardless of the form of the action, shall not exceed the fee paid for the service. We cannot be held responsible for factors beyond our control that may interfere with our ability to provide access to our website. Such factors include, but are not limited to server downtime, password/verification problems, or network outages beyond our servers. We do not warrant that the functions contained in the materials, resources or services offered will be uninterrupted or error-free, that defects will be corrected, or that this site are free of viruses or other harmful elements. In no event will we be liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the products or resources contained within the website. All products and resources are provided “as is” and without warranties.

These include (but are not limted to) damages or injury caused by any:

* use of (or inability to use) the site
* use of (or inability to use) any site to which you hyperlink from our site
* failure of our site to perform in the manner you expected or desired
* error on our site
* omission on our site
* interruption of availability of our site
* defect on our site
* delay in operation or transmission of our site
* computer virus or line failure

Please note that we are not liable for any damages, including:

Damages intended to compensate someone directly for a loss or injury damages reasonably expected to result from a loss or injury (known in legal terms as “consequential damages.”)

Other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as “incidential damages.”) We are not liable even if we’ve been negligent or if our authorized representative has been advised of the possibility of such damages or both.

Exception: Certain state laws may not allow us to limit or exclude liability for these “incidental” or “consequential” damages. if you live in one of those states, the above limitation obviously would not apply which would mean that you might have the right to recover these types of damages.

However, in any event, our liability to you for all losses, damages, injuries, and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or they’re claimed under any other legal theory) will not be greater than the amount you paid if anything to access our site.

Termination of This Agreement:

These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use by destroying all copies and installations of products and services obtained from us. The agreement will automatically and immediately terminate without notice should you violate any terms of this agreement. Violating our Terms Of Use, Copyrights, or any of our licensing restrictions, will result in termination of membership, and forfeiture of all reseller licenses, without notice or refund.

Submitting Your Online Material to Us:

All remarks, suggestions, ideas, graphics, comments, or other information that you send to us through our site (other than information we promise to protect under our privacy policy becomes and remains our property, even if this agreement is later terminated. That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our mission, without compensating you or anyone else for them. You acknowledge that you are responsible for any submission you make. This means that you have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Communications from us:

By joining our site, you give us permission to contact you periodically via email with regards to your access to this website. If you wish to no longer receive communications from us, you will just need to send us an email.

Jurisdiction and Other Points to Consider:

If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws. To the extent you have in any manner violated or threatened to violate us and/or its affiliates’ intellectual property rights, we and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of us, and you consent to exclusive jurisdiction and venue in such courts.

Users agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding use of the website.

Users agree to abide by any and all licensing rules or restrictions that have been created by the owners of the works contained within this website. Violating our Terms Of Use, Copyrights, or any of our licensing restrictions, will result in termination of account, and forfeiture of all reseller licenses, without notice or refund. Furthermore, Use of this website constitutes acceptance of the Legal Agreement and Terms Of Use.

We may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

We reserve the right to amend this agreement at any time.

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