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Welcome to
The Corporate Agent™ (“Company”)
website, www.thecorporateagent.com (the
"Site"). The Corporate Agent™
owns or controls, and provides access to
the Site and related websites (this is true
regardless of how the websites are accessed
and/or used, whether via personal computers,
mobile devices or otherwise) or other interactive
features that are accessible or downloadable
through www.thecorporateagent.com and that
link to these terms and conditions (“the
Terms”). Except as otherwise noted
herein, these Terms govern your use of the
Site. Please read these Terms carefully.
By accessing or using the Site, registering
for services offered on the Site, or by
accepting, uploading, submitting or downloading
any information or products or content from
or to the Site, You agree to these Terms.
IF YOU DO NOT AGREE TO BE BOUND
BY ALL OF THESE TERMS, DO NOT USE THE SITE.
We reserve the right to make changes to
the Site and to these Terms from time to
time. When we make changes, we will post
them here. For this reason, we encourage
you to review these Terms whenever you use
our Site because by visiting the Site, you
agree to accept any such changes.
Ownership of Content and
Intellectual Property
The past, present and future Site content
(“Content”) is protected by
applicable is protected by patent, trademark
and/or copyright under United States and/or
foreign laws and other proprietary rights
(including, but not limited to, intellectual
property rights) and is the property of
Company, its parent, subsidiaries, affiliates,
or its licensors. Content includes, without
limitation, (a) layout, organization, information,
graphics, text, images, audio, videos, designs,
compilations, data, wallpaper, icons, characters,
artwork, photographs, music, sound, messages,
software, (b) advertising copy, and the
trademarks, logos, domain names, trade names,
service marks and trade identities; (c)
any and all copyrightable material (including
source and object code); (d) the coding
or HTML used to generate the pages, graphics,
images, layout or text, and (e) all other
materials related to the Site, including
without limitation, the "look and feel"
of the Site. Except as expressly set forth
in these Terms or otherwise expressly granted
to you in writing by Company, no
rights (either by implication, estoppel
or otherwise) are granted to you.
Proprietary Rights
As between you and the Company (or any
other company whose marks appear on the
Site), the Company is the owner and/or authorized
user of any registered or unregistered trademark,
trade name and/or service mark appearing
on the Site, and is the copyright owner
or licensee of the Content on the Site,
unless otherwise indicated. The Company
logos, designs, titles, phrases and product
names and the copyrights, trademarks, service
marks, trade dress and/or other intellectual
property in such materials (collectively,
"Company Intellectual Property")
are owned by the Company and may be registered
in the United States and internationally.
Prohibited Use of Content
and Proprietary Information
Except as otherwise provided on the site
or in these Terms, you may not,
directly or indirectly, use, download, upload,
copy, print, display, perform, reproduce,
sell, lease, rent, exchange, rearrange,
create a derivative work, publish, modify,
delete, add to, license, post, transmit,
or distribute any Content or Proprietary
Information from this Site in whole or in
part, including the removal or
alteration of advertising, except pursuant
to the express limited grant of rights hereunder
without the specific prior written
permission of the Company.
You agree to abide by any and all applicable
laws, and any copyright notices, information,
or restrictions contained in any part of
the Web Site. Copying, archiving or storing
any part of the Site for a purpose that
is not permitted by these Terms is expressly
prohibited without prior written permission
from Company or the applicable copyright
holder as identified on the Site.
You agree not to display or use the Company
Intellectual Property in any manner without
the Company’s prior permission. Nothing
on the Site should be construed to grant
any license or right to use any Company
Intellectual Property without the prior
written consent of the Company.
Limited Revocable License
Subject to your strict compliance with
these Terms, Company grants you a limited,
personal, non-exclusive, non-commercial,
revocable, non-assignable and non-transferable
license to download, view, use and/or play
a single copy of the Content (excluding
source and object code), provided that you:
(i) retain all trademark, copyright and
other proprietary notices contained in the
original Content or any copy you may make
of the Content; (ii) do not allow or aid
or abet any third party (whether or not
for your benefit) to copy or adapt the object
code of the Site's software, HTML, JavaScript,
or other code; reverse engineer, decompile,
reverse assemble, modify or attempt to discover
any source code that the Site creates to
generate its web pages; or any software
or other products or processes accessible
through the Site; and (iii) do not insert
any code or product to manipulate the Content
in any way that affects any user's experience.
We grant you a personal, limited, non-exclusive,
non-transferable license to access the Site
and to use the information and services
contained here. We reserve the right, for
any reason or for no reason, in our sole
discretion and without notice to you, to
revise the products and services described
on the Site and to terminate, change, suspend
or discontinue any aspect of the Site, including,
but not limited to, the Materials and Content
on the Site as well as features and/or hours
of availability of the Site, and we will
not be liable to you or to any third party
for doing so. We may also impose rules for
and limits on use of the Site or restrict
your access to part, or all, of the Site
without notice or penalty. We have the right
to change these rules and/or limitations
at any time, in our sole discretion.
Prohibited Uses of Site
The Site may be used only for lawful purposes
and is available only for your personal,
noncommercial use, which shall be limited
to viewing the Site, purchasing products
or services, providing information to the
Site, and downloading product information
or approved content for your personal review.
You are responsible for your own communications,
including the transmission, posting, and
uploading of information and are responsible
for the consequences of such communications
to the Site.
The Company specifically prohibits
any use of the Site, and requires all users
to agree not to use the Site, for any of
the following:
- Posting any information which is incomplete,
false, inaccurate or not your own;
- Engaging in conduct that that encourages,
promotes, solicits or commits conduct
that would constitute a criminal offense,
give rise to civil liability or otherwise
violate any local, state, national or
international law or regulation that would
fail to comply with accepted Internet
protocol;
- Communicating, transmitting, uploading,
promoting, displaying, emailing, distributing
or posting material that is copyrighted
or otherwise owned by a third party unless
you are the copyright owner or have the
permission of the owner to post it;
- Communicating, transmitting, uploading,
promoting, displaying, emailing, distributing
or posting material that reveals trade
secrets, unless you own them or have the
permission of the owner;
- Communicating, transmitting, uploading,
promoting, displaying, emailing, distributing
or posting information, software, or other
material that violates, plagiarizes, misappropriates
or infringes the rights of third parties
including, without limitation, copyright
(including, without limitation, offering
pirated computer programs or links to
such programs, information used to circumvent
manufacturer-installed copy-protect devices,
including serial registration numbers
for software programs, or any type of
cracker utilities), trademark, patent,
trade secret, rights of privacy or publicity
or any other proprietary right;
- Communicating, transmitting, uploading,
promoting, displaying, emailing, distributing,
posting or transferring (by any means)
information or software derived from the
site to foreign countries or certain foreign
nations in violation of US export control
laws;
- Attempting to interfere in any way with
the Site's or the Company’s networks
or network security, or attempting to
use the Site's service to gain unauthorized
access to any other computer system;
- Communicating, transmitting, uploading,
promoting, displaying, emailing, distributing
or posting any material that is false,
unlawful, threatening, tortious, disparaging
(including disparaging of Company, its
parent, subsidiaries or affiliates);
- Communicating, transmitting, uploading,
promoting, displaying, emailing, distributing
or posting anything that adversely affects
Company’s business such as discouraging
any person or entity from advertising
with, linking to or supplying Company,
abusive, libelous, defamatory, obscene,
vulgar, offensive, pornographic, profane,
racist, sexually explicit, ethnically
or culturally offensive, indecent, or
that promotes violence, racial hatred,
terrorism, or illegal acts, or is otherwise
objectionable in Company's sole discretion;
- Communicating, transmitting, uploading,
promoting, displaying, emailing, distributing
or posting material of any kind that contains
a virus, Trojan horse, time bombs, worms,
spyware, bots, any automated use of the
system, such as scripts, or other harmful
component or restricts or inhibits any
other user's uninhibited use and enjoyment
of the Site, interferes with or disrupts
the Site or servers or networks connected
to the Site, or disobeys any requirements,
procedures, policies or regulations of
networks connected to the Site;
- Communicating, transmitting, uploading,
promoting, displaying, emailing, distributing
or posting information or material of
any kind that constitutes or contains
false or misleading indications of origin
or statements of fact, including, without
limitation, by forging any TCP/IP packet
header, any part of the header information
in any transmission to the Site, or otherwise
manipulating identifiers in order to disguise
the origin of any content transmitted
to the Site;
- Communicating, transmitting, uploading,
promoting, displaying, emailing, distributing
or posting any unsolicited or unauthorized
advertising, promotional materials, "junk
mail," "spam," "chain
letters," "pyramid schemes,"
requests for money, petitions for signature,
or any other form of solicitation;
- Communicating, transmitting, uploading,
promoting, displaying, emailing, distributing
or posting otherwise make available any
material that exploits or harms any individual,
corporation or other entity;
- Impersonate any person or entity or
falsely state or otherwise misrepresent
your affiliation with a person or entity;
- Disrupt the normal flow of dialogue,
cause a screen to "scroll" faster
than other users of the Web Site are able
to type, or otherwise act in a manner
that negatively affects other users' ability
to engage in real time exchanges;
- Stalk, abuse, sexually exploit, violently
exploit, act violently toward or otherwise
harass another user;
- Use or attempt to use another's information,
account, password, service or system except
as expressly permitted; or • Solicit
or collect personal data including telephone
numbers, addresses, last names, or email
addresses, about other users.
You represent, warrant and
agree that you will comply with the above
Prohibited Use Policy.
Security Rules
Violations of system or network security
may result in civil or criminal liability.
The Company will investigate occurrences
and may involve, and cooperate with, law
enforcement authorities in prosecuting any
user or users who are involved in such violations.
You are prohibited from violating or attempting
to violate the security of the Site, including,
without limitation, the following:
- Accessing data not intended for you
or logging into a Company server or account,
which you are not authorized to access;
- Attempting to probe, scan or test the
vulnerability of a system or network or
to breach security or authentication measures
without proper authorization (or succeeding
in such an attempt);
- Attempting to interfere or interfering
with the operation of our Site, our provision
of services to any other visitors to our
Site, our hosting provider or our network,
including, without limitation, via means
of submitting a virus to the Site, overloading,
"flooding", "mailbombing"
or "crashing" the Site;
- Forging any TCP/IP packet header or
any part of the header information in
any e-mail or transmission or posting
to our Site.
You represent, warrant and
agree that you will comply with the above
Security Rules.
Products or Services
The Site currently provides users with
access to products and services, which may
include without limitation, books, e-Books,
CDs, audio recordings, coaching programs,
coaching materials and teleclasses. Unless
explicitly stated otherwise, any new features
that augment or enhance the Site, including
the release of new or specialized Company
web-based services or products, are automatically
subject to these Terms. In some instances,
both these Terms and a separate end-user
license or similar agreement will apply
to a service or product offered by Company
and/or the Site. We may add, change, remove,
suspend or discontinue any aspect of the
Site at any time without notice. We may
also impose limits on certain features and
services or restrict access to parts of
or all of the Site without notice or liability.
In order to use the Site, you must obtain
access to the Internet, either directly
or through devices that access web-based
content, and pay any service fees associated
with such access. In addition, you must
provide all equipment and technology necessary
to make such connection to the Internet
(e.g., personal computer, modem, cell phone,
other access device, etc.).
Product and Pricing Information
Although the Company has made every effort
to display our products (and sizes and colors,
if applicable) as accurately as possible,
the displayed colors and dimensions of the
products will depend upon the monitor of
the user, and the Company cannot guarantee
that the user's monitor will accurately
portray the actual colors or appearance
of the products. Products displayed may
be out-of-stock or discontinued, and prices
are subject to change without notice to
you. The Company is not responsible for
typographical errors regarding price or
any other matter.
Limits on Purchases
We do not authorize
the purchase of our merchandise for resale
purposes. To enforce this
policy, we may, in our sole discretion,
limit or cancel quantities purchased per
person, per household or per order. These
restrictions may include orders placed by
or under the same customer account, the
same credit card, and/or orders that use
the same billing and/or shipping address.
We reserve the right to limit or prohibit
orders that, in our sole judgment, appear
to be placed by dealers, resellers or distributors.
We also reserve the right in our sole discretion
to cease doing business with those customers
that we suspect are violating this policy.
We may modify this policy at any time without
prior notice. This limits on purchases policy
applies to all purchases made via our Site,
through affiliates, through links on Other
Sites, or at live events.
Links To Other Web Sites
The Site may contain hyperlinks
to other web sites ("Other Sites").
If you use the hyperlinks to access these
Other Sites, you will leave the Site and
your browser will be re-directed to the
Other Sites. The Other Sites may have their
own terms of use or terms of service and
privacy policies and those Other Sites may
have different practices and requirements
than the Site. The Company may not have
knowledge of, and is not responsible for,
the content presented by any Other Site.
As such, Company does not warrant or make
any representation regarding the legality,
accuracy, or authenticity of content presented
by Other Sites. The hyperlinks to Other
Sites do not constitute an endorsement by
Company of any Other Site(s) or resources,
or their content. The Site is only providing
these links to you as a convenience.
Linking Policy
Any web site that links to
the Site: (a) must not frame or create a
browser or border environment around any
of the Content of the Site; (b) may link
to, but not replicate, the Content; (c)
must not imply that Company or the Site
is endorsing or sponsoring it or its products,
unless Company has given its prior written
consent; (d) must not present false information
about Company or its products or services;
(e) must not use any Company trademarks
without the prior written permission from
Company; (f) must not contain content that
could be construed as distasteful, offensive
or controversial; and (g) must not engage
in behavior specifically prohibited by these
Terms. By linking to any part of the Site,
you agree that you do and will continue
to comply with the above linking requirements.
Notwithstanding anything to the contrary
contained in these Terms, we reserve the
right to deny permission to link to the
Site for any reason in our sole and absolute
discretion.
Registration for Access
to Portions of Site
Registration may be required
for the use of certain portions of the Site
(e.g., email newsletters, sweepstakes, contests,
specialized content downloads, retail sales,
wireless alerts, etc.). Registration
data and certain other information about
you are subject to the privacy policy posted
at the Site on which you are providing your
registration information. Please read that
privacy policy for information on how your
data will be handled. If you
choose to provide information to the Site,
you agree to provide only true, accurate,
current and complete information. If you
create a user account or register for a
restricted portion of the Site, you agree
to accept responsibility for all activities
that occur under your account or password,
if any, and agree you will not sell, transfer
or assign your user account. You are responsible
for maintaining the confidentiality of your
password, if any, and for restricting access
to your computer, cell phone (or other internet
access device, as applicable) so that others
may not access any password-protected portion
of the Site using your name, user name or
password in whole or in part.
When Terms Control and
End-User License Agreements
In some instances, these Terms
and separate end-user license agreements
or terms of use that set forth additional
conditions may apply to a service or product
offered via the Site. To the extent there
is a conflict between these Terms and the
terms of any applicable end-user license
or similar agreement, the end-user license
or similar agreement will control, unless
the additional conditions expressly state
that these Terms will control. In cases
where there are no additional terms or conditions
stated for any such registrations, services
or products, these Terms will control.
Promotions
The Site may contain or offer
sweepstakes, contests or other promotions,
which may be governed by a separate set
of rules that describe the sweepstakes,
contest or promotion and may have eligibility
requirements or they may be governed by
law in your jurisdiction. It is your responsibility
to read those rules to determine whether
or not your participation, registration
or entry will be valid or restricted, and
to determine the sponsor's requirements
of you in connection with the applicable
sweepstakes, contest or promotion.
Copyrights and Copyright
Agents
If you believe that your work
has been copied in a way that constitutes
copyright infringement, please provide Company's
copyright agent the following information
required by the Online Copyright Infringement
Liability Limitation Act of the Digital
Millennium Copyright Act, 17 U.S.C. ß
512: (a) a physical or electronic signature
of a person authorized to act on behalf
of the owner of an exclusive right that
is allegedly infringed; (b) identification
of the copyright work claimed to have been
infringed, or, if multiple copyrighted works
at a single online site are covered by a
single notification, a representative list
of such works at that site; (c) identification
of the material that is claimed to be infringing
or to be the subject of infringing activity
and information reasonably sufficient to
permit us to locate the material; (d) information
reasonably sufficient to permit us to contact
the complaining party; (e) a statement that
the complaining party has a good-faith belief
that use of the material in the manner complained
of is not authorized by the copyright owner,
its agent, or the law; and (f) a statement
that the information in the notification
is accurate, and under penalty of perjury,
that the complaining party is authorized
to act on behalf of the owner of an exclusive
right that is allegedly infringed.
Company's copyright agent
for notice of claims of copyright infringement
on or regarding the Site can be reached
as follows:
By mail:
Attn: The Corporate Agent™, 76 Cranbrook
Road, #120, Cockeysville, MD 21030
By phone or fax: Office:
410.942.9666, Fax: 443.927.7257
By email: concierge@thecorporateagent.com
We reserve the
right to terminate the accounts of users
who (in our reasonable discretion) are infringers
or repeat infringers.
Third Party Content and
Information
The Site contains Content
that is provided for your convenience and
enjoyment. Third parties provide some of
the Content. You should be aware that the
Content might contain errors, omissions,
inaccuracies, outdated information, and
inadequacies and that the Content may be
subject to terms and conditions, which may
be found on the Site or in the documents
and policies of third parties. We make no
representations or warranties as to the
completeness, accuracy, adequacy, currency
or reliability of any Content and will not
be liable for any lack of the foregoing.
Third party advertisers may offer goods,
services and other materials to you on the
Site. Your correspondence and business dealings
with others found on or through the Site
including, without limitation, the payment
and delivery of products and services, and
any terms, conditions, warranties and representations
associated with such dealings, are solely
between you and the advertiser. You agree
that Company will not be responsible or
liable for any loss or damage of any sort
incurred as the result of any such dealings
or the offering of such products, services,
and other Content on the Site. Under certain
circumstances, we may permit third-party
users to upload content, in which event
you may be exposed to offensive, indecent
or objectionable content. Descriptions of,
or references to, products, services or
publications within the Site do not imply
endorsement of that product, service or
publication.
Information You Submit
In the course of your use
of the Site, you may be asked to provide
certain information to us. You acknowledge
and agree that you are solely responsible
for the accuracy and content of such information.
If you respond to the Company
with any information, including but not
limited to feedback, data, questions, comments,
suggestions, or the like, such information
shall NOT be deemed confidential. All such
submissions shall be deemed the property
of the Company, and your submission of information
shall constitute an irrevocable assignment
to the Company of all worldwide rights,
titles and interests in and to such information.
The Company will not be liable for any use
or disclosure of such information. The Company
will not have any obligation to keep such
information confidential and will be free
to reproduce, use, disclose and distribute
the information to others without limitation.
The Company will be free to use any ideas,
concepts, know-how or techniques contained
in such information for any purpose whatsoever,
including but not limited to developing,
manufacturing and marketing products which
incorporate or otherwise rely upon such
information.
However, the Company’s
use of any personal information (name, email,
address, phone, etc...) you provide via
the Site shall be governed by our Privacy
Policy. For further information regarding
the Company’s protection of your personal
information, please refer to our Privacy
Policy page.
From time to time, the Site
may contain or describe functionality or
other methods through which you can upload
or otherwise submit information, data, software,
messages, photographs, audio, video, text
and other materials to the Site ("Your
Upload Information"). For example,
the Site may offer forums, bulletin boards,
wiki, chat rooms or other interactive areas
("User Forums"). Company, its
parent, subsidiaries or affiliates or the
directors, officers, employees, or other
representatives of each of them do not endorse
the content posted in User Forums. Company
reserves the right, but is not obligated,
to post, delete, move or edit Your Upload
Information, in whole or in part, submitted
by you to a User Forum for any reason in
their sole discretion. Company reserves
the right to suspend or terminate your access
to the Site and pursue all legal remedies
if we believe your Upload Information violates
these Terms, infringes another's copyright
or otherwise violates any law, rule or regulation.
You acknowledge and agree that
you are prohibited from accepting payment
for Your Upload Information, including,
without limitation, accepting payment for
the inclusion of a logo, brand or other
commercial content, in Your Upload Information.
All of Your Upload Information
is your sole responsibility. This means
that you, and not Company, are entirely
responsible for all of Your Upload Information
that you upload, post, e-mail, transmit
or otherwise make available via the Site.
If you post personal information in User
Forums or on other publicly available areas
of the Site, then you may receive unsolicited
messages from third parties. Company cannot
ensure the security of any information you
post on publicly available areas of the
Site. Under no circumstances will we be
liable in any way for any of Your Upload
Information including, but not limited to,
any errors or omissions in Your Upload Information,
or for any loss or damage of any kind incurred
as a result of Your Upload Information.
You represent that Your Upload Information
is an original work by you or you have all
necessary rights in it and to submit it
to Company under the terms of these Terms;
that it is not defamatory; and that it does
not infringe upon, misappropriate or violate
the rights of any third parties, including,
without limitation, any intellectual property
rights, rights of publicity or privacy or
any other proprietary rights or otherwise
violate any law, rule, or regulation. You
further agree that you are solely liable
for any and all costs, claims, demands,
investigations, liabilities, losses, damages,
judgments, settlements, costs and expenses,
including attorneys' fees, connected to
or arising from your breach of any representation
or warranty, or other violation of the terms
of the Terms or any User Agreement. Except
as otherwise described in the posted privacy
policy or other agreement on the Site at
which you provide Your Upload Information,
Your Upload Information will be treated
as non-confidential and non-proprietary
and we will not be liable for any use or
disclosure to anyone, including but not
limited to claimed intellectual property
owners.
When you upload Your Upload
Information via the Site, you irrevocably
grant to: (i) Company, its parent, subsidiaries,
affiliates, and partners; and (ii) users
of the Site a non-exclusive, worldwide,
royalty-free license containing, without
limitation, all right, title and interest
in Your Upload Information, including, without
limitation, all patents, trademarks, service
marks, trade names, trade identities, copyrights,
trade secrets, logos, domain names, know-how,
source code and object code, mask-work rights,
inventions, moral rights, author's rights,
algorithms, rights in packaging, goodwill
and other intellectual property and proprietary
rights whatsoever in Your Upload Information.
You further agree that Company,
its parent, subsidiaries, affiliates, and
partners and the directors, officers, employees,
licensees and other representatives of each
of them will have the unfettered right throughout
the universe, in perpetuity, without any
credit or compensation to you, to use, reuse,
modify, alter, display, archive, publish,
sub-license, perform, reproduce, disclose,
transmit, broadcast, post, sell, translate,
create derivative works of, distribute and
use for advertising, marketing, publicity
and promotional purposes, any of Your Upload
Information or portions of Your Upload Information,
and your name, voice, likeness, biographical
information, logos, marks, trade names or
other identifying information, or other
information provided or obtained, in any
form, media, software or technology of any
kind now known or developed in the future
for any purposes whatsoever including, without
limitation, for purpose of advertising or
promoting Company, its products and/or services
or developing, manufacturing and marketing
products using Your Upload Information.
Without limiting the foregoing, the licenses
you grant Company in these Terms permit
Company to publicly display, publicly perform,
distribute, and reproduce Your Upload Information,
in whole or in part, alone or with other
material on or via the Internet, including
without limitation, any Company-authorized
online and offline receiving and playback
devices, by any means of transmission now
known or hereafter devised.
You hereby waive any moral
rights you may have in and to any of Your
Upload Information, even if such material
is altered or changed in a manner not agreeable
to you. You agree and understand that
Company, its parent, subsidiaries, affiliates,
and partners are not obligated to use Your
Upload Information submitted through the
Site or otherwise, and may alternatively
choose to discard, and limit or block access
to Your Upload Information without any liability
whatsoever.
You acknowledge and agree
that Company may have access to, create
or have created literary materials and ideas
which may be similar or identical to Your
Upload Information in theme, idea, plot
or format or in other respects. Accordingly,
and without limiting other provisions in
these Terms, by submitting Your Upload Information,
you agree to waive any claims you may have
against Company for copyright infringement,
breach of confidence, theft of ideas, violation
of trade secrets or any other action in
contract or tort.
You acknowledge that the Site,
through Company, its parent, subsidiaries,
affiliates, and partners undertakes no obligation
to pre-screen Your Upload Information, but
that it has the right, in its sole discretion
to modify, transmit over various networks,
refuse, move, block access to or remove
any of Your Upload Information. You agree
that you must evaluate, and bear all risks
associated with, the use of any of Your
Upload Information including, but not limited
to, any reliance on the accuracy, completeness,
or usefulness of Your Upload Information.
Since Company, its parent, subsidiaries,
affiliates, and partners may not pre-screen
user generated content, you may bear legal
responsibility for others' exposure to any
offensive indecent or objectionable content
in Your Upload Information. If Your Upload
Information is submitted to Company on physical
media, such media will not be returned and
will become the property of Company.
Disclaimer of Warranties
THE COMPANY PUBLISHES INFORMATION
ON ITS SITE AS A CONVENIENCE TO ITS VISITORS.
WHILE THE COMPANY ATTEMPTS TO PROVIDE ACCURATE
AND TIMELY INFORMATION, THERE MAY BE INADVERTENT
TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL
ERRORS. WE RESERVE THE RIGHT TO MAKE CORRECTIONS
AND CHANGES TO THE SITE AT ANY TIME WITHOUT
NOTICE. COMPANY PRODUCTS DESCRIBED IN THE
SITE MAY NOT BE AVAILABLE IN YOUR REGION.
THE COMPANY DOES NOT CLAIM THAT THE INFORMATION
IN THE SITE IS APPROPRIATE TO YOUR JURISDICTION
OR THAT THE PRODUCTS DESCRIBED IN ITS SITE
WILL BE AVAILABLE FOR PURCHASE IN ALL JURISDICTIONS.
YOU ASSUME ALL RESPONSIBILITY
AND RISK WITH RESPECT TO YOUR USE OF THE
SITE. THE SITE, INCLUDING, WITHOUT LIMITATION,
ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE
AVAILABLE ON OR ACCESSED THROUGH OR SENT
FROM THE SITE, IS PROVIDED "AS IS,"
"AS AVAILABLE, " AND "WITH
ALL FAULTS."
TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES
AND AFFILIATES MAKE NO REPRESENTATION OR
WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER
(EXPRESS OR IMPLIED) ABOUT: (A) THE
SITE; (B) THE CONTENT AND SOFTWARE ON AND
PROVIDED THROUGH THE SITE; (C) THE FUNCTIONS
MADE ACCESSIBLE ON OR ACCESSED THROUGH THE
SITE; (D) THE MESSAGES AND INFORMATION SENT
FROM THE SITE BY USERS; (E) ANY PRODUCTS
OR SERVICES OFFERED VIA THE SITE OR HYPERTEXT
LINKS TO THIRD PARTIES; AND/OR (F) SECURITY
ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE SITE OR ANY LINKED
SITE. COMPANY DOES NOT WARRANT THAT THE
SITE, ANY OF THE SITE'S FUNCTIONS OR ANY
CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED
OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED;
OR THAT THE SITE OR THE SERVERS THAT MAKES
THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT THAT
YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL
IN ANY PARTICULAR JURISDICTION AND, IN ANY
EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH
WARRANTIES. YOU UNDERSTAND THAT BY USING
ANY OF THE FEATURES OF THE SITE, YOU ACT
AT YOUR OWN RISK, AND YOU REPRESENT AND
WARRANT THAT YOUR ACTIVITIES ARE LAWFUL
IN EVERY JURISDICTION WHERE YOU ACCESS OR
USE THE Site OR THE CONTENT. FURTHER, COMPANY
AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM
ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING,
WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
COMPANY, ITS PARENT, SUBSIDIARIES
OR AFFILIATES OR THE FOUNDERS, OWNERS, DIRECTORS,
OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES
OF EACH OF THEM SHALL NOT BE LIABLE FOR
THE USE OF THE SITE INCLUDING, WITHOUT LIMITATION,
THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW
THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES
SO THE ABOVE DISCLAIMER MAY NOT APPLY TO
THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE
TO THIS AGREEMENT.
Disclaimers/Limitation
of Liability
YOU UNDERSTAND AND AGREE THAT
COMPANY LIMITS ITS LIABILITY IN CONNECTION
WITH YOUR USE OF THE SITE AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS
PARENT, SUBSIDIARIES, OR AFFILIATES OR THE
FOUNDERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES,
OR OTHER REPRESENTATIVES OF EACH OF THEM
(COLLECTIVELY, THE "COMPANY ENTITIES
AND INDIVIDUALS") BE LIABLE TO YOU
FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING,
WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC,
PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT
ARE DIRECTLY OR INDIRECTLY RELATED TO (1)
THE SITE, THE CONTENT, OR YOUR UPLOAD INFORMATION;
(2) THE USE OF, INABILITY TO USE, OR PERFORMANCE
OF THE SITE; (3) ANY ACTION TAKEN IN CONNECTION
WITH AN INVESTIGATION BY COMPANY OR LAW
ENFORCEMENT AUTHORITIES REGARDING YOUR USE
OF THE SITE OR CONTENT;(4) ANY ACTION TAKEN
IN CONNECTION WITH COPYRIGHT OWNERS; (5)
ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL
OPERATION, EVEN IF FORESEEABLE OR EVEN IF
THE COMPANY ENTITIES AND INDIVIDUALS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING,
WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE
OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS
FAILURE, OR THEFT OR DESTRUCTION OF THE
SITE). IN NO EVENT WILL THE COMPANY ENTITIES
AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE
ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT
LIMITATION, DEATH OR PERSONAL INJURY. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL THE
COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES
OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
THE COMPANY ENTITIES AND INDIVIDUALS
ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY
USER'S COMPUTER, MODEM, CELL PHONE, HARDWARE,
SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY
INCLUDING, WITHOUT LIMITATION, DAMAGE FROM
ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS,
TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER LINE OR NETWORK FAILURE OR ANY
OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF
THIS SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED
WITH THE SITE OR ANY OF THE CONTENT, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
ACCESSING AND USING THE SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM
THAT IN THE EVENT YOU INCUR ANY DAMAGES,
LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S
ACTS OR OMISSIONS, THE DAMAGES, IF ANY,
CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT
TO ENTITLE YOU TO AN INJUNCTION PREVENTING
ANY EXPLOITATION OF ANY SITE, PROPERTY,
PRODUCT, PROGRAM, TELEVISION SHOW, MOTION
PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED
OR CONTROLLED BY COMPANY AND/OR ITS PARENTS,
SUBSIDIARIES, AND/OR AFFILIATES OR YOUR
UPLOAD INFORMATION, AND YOU WILL HAVE NO
RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT,
PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION
OR EXPLOITATION OF ANY COMPANY SITE, PROPERTY,
PRODUCT, PROGRAM, TELEVISION SHOW, MOTION
PICTURE OR OTHER AUDIO/VISUAL CONTENT OR
YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES
OR ACTIONS RELATED THERETO.
BY ACCESSING THE SITE, I UNDERSTAND
THAT I MAY BE WAIVING RIGHTS WITH RESPECT
TO CLAIMS THAT ARE AT THIS TIME UNKNOWN
OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH
WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND
UNDERSTAND, AND HEREBY EXPRESSLY WAIVE,
THE BENEFITS OF SECTION 1542 OF THE CIVIL
CODE OF CALIFORNIA, AND ANY SIMILAR LAW
OF ANY STATE OR TERRITORY, WHICH PROVIDES
AS FOLLOWS: "A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Indemnity
You agree to defend, indemnify
and hold harmless the Company Entities And
Individuals with respect to any and all
costs, claims, demands, investigations,
liabilities, losses, damages, judgments,
settlements, costs and expenses, including
attorneys' fees arising out of or in connection
with this Terms, including, without limitation:
(a) your use of the Site; (b) your violation
of these Terms or any law, rule or regulation;
(c) your use of the Content; or (d) any
of Your Upload Information. You will cooperate
as fully and reasonably as required by Company
in the defense of any claim. Notwithstanding
the foregoing, Company retains the exclusive
right to settle, compromise and pay any
and all claims, demands, proceedings, suits,
actions or causes of actions which are brought
against Company herein under the Terms and
under this Indemnity provision and in no
event shall you settle any such claim without
Company's prior written approval.
Governing Law
THESE TERMS AND THE INTERPRETATION
OF THESE TERM SHALL BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE
STATE OF MARYLAND, WITHOUT REGARD
TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY
WILL NOT BE GOVERNED BY THE UNITED NATIONS
CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL
SALE OF GOODS, IF OTHERWISE APPLICABLE.
International Use of Site
We control and operate the
Site from the United States, and all information
is processed within the United States. We
do not represent that materials on the Site
are appropriate or available for use in
other locations. You agree to comply with
all applicable laws, rules and regulations
in connection with your use of the Site.
It is possible that some software that may
be downloaded from the Site is subject to
government export control or other restrictions.
By visiting and using our Site, you acknowledge
these restrictions and agree that either
you are not subject to them or you will
comply with all applicable laws regarding
the transmission of technical data exported
from the United States.
Jurisdiction and Venue
You waive all rights to trial
by jury in any action or proceeding instituted
in connection with these Terms and/or the
Web Site. Any controversy or claim arising
out of or relating to these Terms and/or
the Web Site shall be settled by binding
arbitration in accordance with the commercial
arbitration rules of the American Arbitration
Association. Any such controversy or claim
shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration
with any claim or controversy of any other
party. The arbitration shall be conducted
in the State of Maryland, in the City of
Cockeysville, County of Baltimore, and judgment
on the arbitration award may be entered
into any court having jurisdiction thereof.
Any matters or proceedings that are not
subject to arbitration as set forth in this
Section 18 of these Terms and/or for entering
any judgment on an arbitration award, shall
take place in the State of Maryland, in
the City of Cockeysville, County of Baltimore.
You waive the defense of forum non conveniens.
Compliance with Governing
Law
You are solely responsible
for compliance with applicable laws, rules,
and regulations in connection with your
use of the Site and the Content, including,
without limitation, those governing your
transmission or use of any software or data.
Entire Agreement
These Terms and any applicable
end-user license or similar agreements contain
the sole and entire agreement between the
parties with respect to the Site, the Content
and Your Upload Information and supersedes
any and all other prior written or oral
agreements between them. You also may be
subject to additional terms and conditions
that are applicable to certain parts of
the Site.
Section Titles
The section titles in these
Terms are for your convenience only and
do not have any legal or contractual effect.
Construction and Enforcement
of Terms
You agree that these Terms
will not be construed against Company by
virtue of having drafted these Terms. If
any provision of these Terms shall be held
invalid or unenforceable by any court of
competent jurisdiction or as a result of
future legislative action, such holding
or action shall be strictly construed and
shall not affect the validity or effect
of any other provision of these Terms. Failure
to enforce any provision of these Terms
or other applicable agreement will not result
in a waiver of that term or of any other
term. No waiver on the part of Company of
any of these Terms will be of any force
or effect unless made in writing and signed
by a duly authorized officer of Company.
The failure of the Company to exercise or
enforce any right or provision of these
Terms shall not constitute a waiver of such
right or provision.
No Joint Venture or other
Relationship
You agree that no joint venture, partnership,
employment, or agency relationship exists
between the Company and you as a result
of this Agreement or your use of the Site.
Limitations Period
Any claim or cause of action you may have
with respect to the Company or the Site
must be commenced within one (1) year after
the claim or cause of action arose.
No Assignment
You may not assign the Terms or any of
your rights or obligations under the Terms
without the Company’s express written
consent. The Terms inure to the benefit
of the Company’s successors, assigns
and licensees.
Termination
The Company may terminate this Agreement
and deny you access to the Site at any time,
immediately and without notice, if, in the
Company determines that you have failed
to comply with any provision of these Terms.
You understand and agree that Company will
determine your compliance with these Terms
in its sole discretion. The Company reserves
the right to deny access to all or part
of the Site and to deny access to any person
in its sole discretion without notice or
liability of any kind. Any violation of
these Terms may be referred to law enforcement
authorities. Upon termination of your user
account or access to the Site, or upon demand
by Company, you must destroy all materials
obtained from this Site and all related
documentation.
To contact us with any questions or concerns
in connection with these Terms or the Site,
or to provide any notice under these Terms
to us please refer to our Contact Us page.
This Terms of Use Agreement was last updated
on May 1, 2011 and is effective immediately.
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