WEB SITE TERMS OF USE
Introduction
You may be referred to as
Licensee. The terms 'You' or 'Licensee'
includes you and any of your owners, employees, partners, independent
contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.
We may be referred to as Licensor. The terms 'Us,' 'We,' or 'Licensor' includes
and our owners, employees, subsidiaries, independent contractors, agents,
attorneys, and assigns.
Disclaimers
ALL CONTENT IS PROVIDED
"AS IS" AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Our cumulative liability to
you or anyone else for any loss or damages resulting from any claims, demands,
or actions arising out of or relating to this Agreement or use of the content
or website shall not exceed the amount you have paid to us for the product or
service. In no event shall we be liable for any indirect, incidental,
consequential, special, or exemplary damages or lost profits, even if we have
been advised of the possibility of such damages. You agree that the foregoing
constitutes your sole and exclusive remedy for any breach of this Agreement.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
There is no promise or representation that
you will make a certain amount of money, or any money, or not lose money, as a
result of using our products and services.
Any earnings, revenue, or income statements
are strictly estimates. There is no
guarantee that you will make these levels for yourself.
As with any business, your results will vary
and will be based on your personal abilities, experience, knowledge,
capabilities, level of desire, and an infinite number of variables beyond our
control, including variables we or you have not anticipated. There are no
guarantees concerning the level of success you may experience. Each person's
results will vary.
There are unknown risks in any business, particularly with the Internet where
advances and changes can happen quickly.
The use of our information, products and services should be based on your own
due diligence and you agree that we are not liable for your success or failure.
Prohibited Uses
You will not assign,
sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of
the content, or any part of it, or share your rights under this Agreement, to
others.
You will not give others
access to your username and password.
You will not violate any
laws, third party rights, or this Agreement.
This includes, but is not limited to, not posting any material or
content that is defamatory, harassing, belongs to someone else, is obscene or
pornographic
You will not provide false
or misleading information to us.
Consent to Use
Information
When you communicate with
us, send us information, or provide content to us or out website, you grant us
a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable
right to exercise all copyright and publicity rights you have in the content,
in any manner whatsoever, in any media now known or which may be created in the
future, including in other works and forms not associated with this website.
No Waiver of Rights
Our failure to enforce any
rights granted in this Agreement or to take action against any other party in
the event of any breach shall not be deemed a waiver by us as to subsequent
enforcement of rights or subsequent actions in the event of future breaches.
Privacy Policy
We respect your interest in
your privacy and as a result we have created this informational disclosure.
We collect and use personal information for many purposes, including but not
limited to, billing; product and service fulfillment; to better understand our
customer needs; to provide a better website, products and services; to
communicate with customers and potential customers regarding our products and
services and third party products and services.
Generally, your private information will only be disclosed to our owners,
employees, independent contractors, subsidiaries, partners, affiliates,
attorneys, consultants, business associates, service providers, suppliers and
agents, acting on our behalf or request. This general rule, and disclosures in
specific situations, is more particularly described below.
Information
Collected by our ISP
The hosting provider for
this Internet site (as with any Internet site) has the ability to record
various information, including domain name, pages accessed, date and time of
access, web browser type and computer operating system, and referring
information, and to disclose this information. This is most commonly done by
providing access to raw server logs. For more information you should perform an
Internet search on 'server logs' or 'raw server logs.' We may have access to
our raw server logs and access reports prepared by our hosting provider.
Financial
Information for Billing Purposes
We sell products and
services. When sales are made financial information must be disclosed. This
information can include any number of facts you are asked to provide, but most
commonly includes your name, financial / credit card information, billing
address, and email address. Generally, this purchase information will be
provided by you to a third party payment processor and we do not receive your
financial / credit card information.
In the event we do receive financial / credit card information, we will not
disclose it to anyone unless disclosure is required by law or a court order, or
unless disclosure is required to address an issue implicated by the financial
transaction. If you claim that your
financial information was used to make a purchase you did not authorize,
details about the financial transaction may be disclosed to law enforcement and
anyone else we deem necessary to address the matter.
Use
of eMail Addresses and other Contact Information
An important part of our
services includes being able to provide information to you. As a result, you
expressly consent to receiving communications from us via email, fax,
telephone, mail, or any other delivery method.
As a customer you are agreeing to receive information about the product or
service you purchased. This may include, but is not limited to, information
about product or service updates, new features, or information we believe you
may find interesting.
We may also send you information about other products and services our company
offers.
We will not sell, provide, or transfer you email address to others.
We may allow advertising to our customers, or engage in joint ventures, which
result in your receiving advertisements from selected third parties.
Identification
of Purchasers
If you purchase one of our
products or services, you authorize us to use your name and identification
information in advertising or promotions.
We also use personal information in an aggregate form (i.e., not individually
attributable to you) for business analysis, operational, marketing and other
promotional purposes.
Cookies
Cookies may be used to keep
track of referred affiliate commissions and to monitor access to our
website. You consent to any future use
of cookies for testing purposes and the use of cookies for publicly available
data to gather statistics for the purpose of determining which search engines,
referring sites, key words, etc., bring visitors to our website, which pages
visitors are most interested in, what web browsers are used, etc. Various providers
may be used for this purpose. The purpose is obtain information that will help
promote the website, make the website more interesting and useful to visitors,
and to identify areas where improvement is needed.
Additionally, various third party information suppliers and other entities that
provide information for this website, or for use by us, may use cookies.
Examples include, but are not necessarily limited to billing providers, third
party advertisers, and third party resources we promote.
Disclosure
by Necessity
Private information may be
disclosed if required by a court order, statute, law, or regulation.
Information is subject to disclosure to address a claim that you are violating
the terms of any agreement pertaining to your use of your use this website or
our products or services, or rights of any third party.
Information is also subject to disclosure if we believe that disclosure is
necessary to identify, contact or bring an action against someone who may be
causing injury to or interfering (either intentionally or unintentionally) with
our rights or property, your rights or property, other users of our website,
products or services, or anyone else.
As we continue to develop our business, we or our affiliates may sell or buy
other businesses or entities, or we may merge with another company, or be
bought by another company. In such transactions, personal information may be
one of the transferred assets.
Your information may be stored and processed in any country in which we
maintain facilities or conduct operations. By using our website, products and
services, you consent to any such transfer of information outside of your
country.
After your account becomes inactive your information may remain in our
databases, computers, and archives, and cannot reasonably be expunged.
Miscellaneous
This Agreement in all
respects shall be governed by and construed according to the laws of the State
of New Jersey, to the exclusion of any other applicable body of governing law,
without regard to conflicts of laws principles.
This Agreement is entered
into in Hudson County, New Jersey.
You consent to the exclusive jurisdiction of New Jersey for any
dispute arising from or related to this Agreement.
You agree that the exclusive
venue for any dispute arising from or related to this Agreement will be a court
located in Hudson County, New Jersey.
Should any term of this
Agreement be declared void or unenforceable, that term shall be severed from
the Agreement such declaration shall have no effect on the enforceability of
the remaining terms.
This Agreement contains the
complete and entire understanding and agreement between you and us and
supersedes any previous communications, representations, or agreements, verbal
or written, related to the subject matter of this Agreement.
This Agreement may not be
modified or amended orally, impliedly, or in any manner not set forth in
writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice, but only by
amending this Agreement as posted on this website, unless otherwise agreed to
in a writing signed by both of us.
Any amendments will become effective 30 days after being posted on the website,
unless circumstances require that a change be immediately implemented. As a
condition for this Agreement you agree to periodically check this Agreement
posted at this page.
You agree that your
continued use of our product or service after that date will constitute your
consent and acceptance of the amendment.
Date of this Agreement:
April 17, 2008
