This Document Contains:
*** nptuner.com is referred to in this document as “Our Website”.
*** admin@nptuner.com is the contact email address.
Disclosure
The disclosure that follows is our attempt to fully comply with the FTC’s policy
that demands we be transparent about any and all affiliate relations we may have
on this website. In plain English you, the visitor or customer, should assume
that any and all links on this site are affiliate links. If you click on these
links and go visit the resulting site, a cookie will be set in your web browser
that will cause us to receive a commission “IF” you purchase a product on the
other end. This is a legitimate way to monetize and pay for the operation of web
sites and we gladly reveal our affiliate relationships to you.
In addition we fully disclose that hyperlinks on this site are in most cases
shortened, and in some cases cloaked to hide long ugly links for functionality
and tracking purposes. We have nothing to hide and we are proud of our
relationship with the fine vendors, products and services found on this site.
Link tracking, shortening and cloaking is a very common practice on all types of
web sites.
Further, we do not receive physical products or cash directly in exchange for
any reviews or posts you find on this site. No one has paid us to do reviews or
posts. We have to tell you that it is possible that our reviews and posts are
influenced by our affiliate relationships and may create a conflict of interest.
We do not believe a conflict of interest exists, but you, the visitor or
customer, must decide by considering the affiliate relationships and link
techniques we have described. Obviously we would like you to buy the service or
products we write about and we are influenced by that fact. We avoid conflict by
only reviewing or posting about products and services we trust. We strive to
always give our honest opinions, findings, beliefs, or experiences on topics or
products we write about and promote.
Other vendors may also pay to place advertising on our sites in the form of
banners, widgets, and hyperlinks. These are paid advertisements and while we do
our best to only allow quality products and services to be advertised on our
site, we are not responsible for claims or testimonials made on paid advertising
links.
All the best,
DISCLAIMER & WEBSITE AGREEMENT
LIMITATION OF LIABILITY
IN NO EVENT WILL OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, OUR WEBSITE LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Earnings & Income Disclaimer for OUR WEBSITE
ANY EARNINGS OR INCOME STATEMENTS, OR EARNINGS OR INCOME EXAMPLES, ARE ONLY
ESTIMATES OF WHAT WE THINK YOU COULD EARN. THERE IS NO ASSURANCE YOU’LL DO AS
WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS
WELL.
WHERE SPECIFIC INCOME FIGURES ARE USED, AND ATTRIBUTED TO AN INDIVIDUAL OR
BUSINESS, THOSE PERSONS OR BUSINESSES HAVE EARNED THAT AMOUNT. THERE IS NO
ASSURANCE YOU’LL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE
RISK OF NOT DOING AS WELL.
ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO INCOME EARNINGS ON OUR WEBSITE,
ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS.
THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO
INCOME EARNINGS, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS.
MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. WE HAVE NO WAY OF
KNOWING HOW WELL YOU WILL DO, AS WE DO NOT KNOW YOU, YOUR BACKGROUND, YOUR WORK
ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES. THEREFORE WE DO NOT GUARANTEE OR
IMPLY THAT YOU WILL GET RICH, THAT YOU WILL DO AS WELL, OR MAKE ANY MONEY AT
ALL. THERE IS NO ASSURANCE YOU’LL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU
MUST ACCEPT THE RISK OF NOT DOING AS WELL.
INTERNET BUSINESSES AND EARNINGS DERIVED THERE FROM, HAVE UNKNOWN RISKS
INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY
INFORMATION PRESENTED IN OUR PRODUCTS, SERVICES, OR WEB SITE, SHOULD BE DONE
ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, OR MAKE NO
MONEY AT ALL.
ALL PRODUCTS AND SERVICES BY OUR WEBSITE ARE FOR EDUCATIONAL AND
INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF QUALIFIED
PROFESSIONALS. CHECK WITH YOUR ACCOUNTANT, LAWYER OR PROFESSIONAL ADVISOR,
BEFORE ACTING ON THIS OR ANY INFORMATION. If advice concerning legal or related
matters is needed, the services of a fully qualified professional should be
sought. This our information, products, and services are not intended for use as
a source of legal or accounting advice. You should be aware of any laws which
govern business transactions or other business practices in your country and
state.
USERS OF OUR PRODUCTS, SERVICES AND WEB SITE ARE ADVISED TO DO THEIR OWN DUE
DILIGENCE WHEN IT COMES TO MAKING BUSINESS DECISIONS AND ALL INFORMATION,
PRODUCTS, AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED
BY YOUR OWN QUALIFIED PROFESSIONALS. OUR INFORMATION, PRODUCTS, AND SERVICES ON
OUR WEBSITE SHOULD BE CAREFULLY CONSIDERED AND EVALUATED, BEFORE REACHING A
BUSINESS DECISION, ON WHETHER TO RELY ON THEM.
YOU AGREE THAT OUR COMPANY IS NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF
YOUR BUSINESS DECISIONS RELATING TO ANY INFORMATION PRESENTED BY OUR WEBSITE, OR
OUR COMPANY PRODUCTS OR SERVICES.
Web Site Agreement
OUR WEBSITE Web Site (the “Site”) is an online information service provided
by THE AUTHORS OF THE SITE., subject to your compliance with the terms and
conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. OUR WEBSITE MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
Compensation Disclosure:
OUR WEBSITE is compensated by some or all of the products mentioned or
recommended on our website, in our distributed materials, and in our
newsletters.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are OUR WEBSITE, its
affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas of the Site solely for
your own non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to OUR
WEBSITE a non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for new or
improved products and services) you submit to any public areas of the Site (such
as bulletin boards, forums and newsgroups) or by e-mail to OUR WEBSITE by all
means and in any media now known or hereafter developed. You also grant to OUR
WEBSITE the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising, marketing
and promotional material related thereto. You agree that you shall have no
recourse against OUR WEBSITE for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to OUR WEBSITE.
TRADEMARKS
Publications, products, content or services referenced herein or on the Site
are the exclusive trademarks or servicemarks of OUR WEBSITE. Other product and
company names mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by OUR WEBSITE, OUR WEBSITE does not operate,
control or endorse any information, products or services on the Internet in any
way. Except for OUR WEBSITE- identified information, products or services, all
information, products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with OUR WEBSITE
a. You also understand that OUR WEBSITE cannot and does not guarantee or warrant
that files available for downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
NO WARRANTIES
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. OUR WEBSITE PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES
NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITE SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR
WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, OUR WEBSITE LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
OUR WEBSITE makes no representations whatsoever about any other web site
which you may access through this one or which may link to this Site. When you
access a non- OUR WEBSITE web site, please understand that it is independent
from OUR WEBSITE, and that OUR WEBSITE has no control over the content on that
web site. In addition, a link to a OUR WEBSITE web site does not mean that OUR
WEBSITE endorses or accepts any responsibility for the content, or the use, of
such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless OUR WEBSITE, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys’ fees, resulting from any
violation of this Agreement (including negligent or wrongful conduct) by you or
any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of OUR WEBSITE and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the
laws of UNITED STATES applicable to agreements made and to be performed in
UNITED STATES. You agree that any legal action or proceeding between OUR WEBSITE
and you for any purpose concerning this Agreement or the parties’ obligations
hereunder shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in UNITED STATES . Any cause of action or claim you may
have with respect to the Service must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of action is barred. OUR
WEBSITE ‘s failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. OUR WEBSITE may assign its rights and
duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Welcome to our website (the “Site”).
We understand that privacy online is important to users of our Site,
especially when conducting business. This statement governs our privacy policies
with respect to those users of the Site (“Visitors”) who visit without
transacting business and Visitors who register to transact business on the Site
and make use of the various services offered by our website (collectively,
“Services”) (“Authorized Customers”).
Personally Identifiable Information
Refers to any information that identifies or can be used to identify,
contact, or locate the person to whom such information pertains, including, but
not limited to, name, address, phone number, fax number, email address,
financial profiles, social security number, and credit card information.
Personally Identifiable Information does not include information that is
collected anonymously (that is, without identification of the individual user)
or demographic information not connected to an identified individual.
What Personally Identifiable Information is collected?
We may collect basic user profile information from all of our Visitors. We
collect the following additional information from our Authorized Customers: the
names, addresses, phone numbers and email addresses of Authorized Customers, the
nature and size of the business, and the nature and size of the advertising
inventory that the Authorized Customer intends to purchase or sell.
What organizations are collecting the information?
In addition to our direct collection of information, our third party service
vendors (such as credit card companies, clearinghouses and banks) who may
provide such services as credit, insurance, and escrow services may collect this
information from our Visitors and Authorized Customers. We do not control how
these third parties use such information, but we do ask them to disclose how
they use personal information provided to them from Visitors and Authorized
Customers. Some of these third parties may be intermediaries that act solely as
links in the distribution chain, and do not store, retain, or use the
information given to them.
How does the Site use Personally Identifiable Information?
We use Personally Identifiable Information to customize the Site, to make
appropriate service offerings, and to fulfill buying and selling requests on the
Site. We may email Visitors and Authorized Customers about research or purchase
and selling opportunities on the Site or information related to the subject
matter of the Site. We may also use Personally Identifiable Information to
contact Visitors and Authorized Customers in response to specific inquiries, or
to provide requested information.
With whom may the information may be shared?
Personally Identifiable Information about Authorized Customers may be shared
with other Authorized Customers who wish to evaluate potential transactions with
other Authorized Customers. We may share aggregated information about our
Visitors, including the demographics of our Visitors and Authorized Customers,
with our affiliated agencies and third party vendors. We also offer the
opportunity to “opt out” of receiving information or being contacted by us or by
any agency acting on our behalf.
How is Personally Identifiable Information stored?
Personally Identifiable Information collected by our website is securely
stored and is not accessible to third parties or employees of our website except
for use as indicated above.
What choices are available to Visitors regarding collection, use and
distribution of the information?
Visitors and Authorized Customers may opt out of receiving unsolicited
information from or being contacted by us and/or our vendors and affiliated
agencies by responding to emails as instructed, or by contacting us at
admin email address at top of this page.
Are Cookies Used on the Site?
Cookies are used for a variety of reasons. We use Cookies to obtain
information about the preferences of our Visitors and the services they select.
We also use Cookies for security purposes to protect our Authorized Customers.
For example, if an Authorized Customer is logged on and the site is unused for
more than 10 minutes, we will automatically log the Authorized Customer off.
How does our website use login information?
Our website uses login information, including, but not limited to, IP
addresses, ISPs, and browser types, to analyze trends, administer the Site,
track a user’s movement and use, and gather broad demographic information.
What partners or service providers have access to Personally Identifiable
Information from Visitors and/or Authorized Customers on the Site?
Our website has entered into and will continue to enter into partnerships and
other affiliations with a number of vendors. Such vendors may have access to
certain Personally Identifiable Information on a need to know basis for
evaluating Authorized Customers for service eligibility. Our privacy policy does
not cover their collection or use of this information. Disclosure of Personally
Identifiable Information to comply with law. We will disclose Personally
Identifiable Information in order to comply with a court order or subpoena or a
request from a law enforcement agency to release information. We will also
disclose Personally Identifiable Information when reasonably necessary to
protect the safety of our Visitors and Authorized Customers.
How does the Site keep Personally Identifiable Information secure?
All of our employees are familiar with our security policy and practices. The
Personally Identifiable Information of our Visitors and Authorized Customers is
only accessible to a limited number of qualified employees who are given a
password in order to gain access to the information. We audit our security
systems and processes on a regular basis. Sensitive information, such as credit
card numbers or social security numbers, is protected by encryption protocols,
in place to protect information sent over the Internet. While we take
commercially reasonable measures to maintain a secure site, electronic
communications and databases are subject to errors, tampering and break-ins, and
we cannot guarantee or warrant that such events will not take place and we will
not be liable to Visitors or Authorized Customers for any such occurrences.
How can Visitors correct any inaccuracies in Personally Identifiable
Information?
Visitors and Authorized Customers may contact us to update Personally
Identifiable Information about them or to correct any inaccuracies by emailing
us at admin .
Can a Visitor delete or deactivate Personally Identifiable
Information collected by the Site?
We provide Visitors and Authorized Customers with a mechanism to
delete/deactivate Personally Identifiable Information from the Site’s database
by contacting admin. However, because of
backups and records of deletions, it may be impossible to delete a Visitor’s
entry without retaining some residual information. An individual who requests to
have Personally Identifiable Information deactivated will have this information
functionally deleted, and we will not sell, transfer, or use Personally
Identifiable Information relating to that individual in any way moving forward.
What happens if the Privacy Policy Changes?
We will let our Visitors and Authorized Customers know about changes to our
privacy policy by posting such changes on the Site. However, if we are changing
our privacy policy in a manner that might cause disclosure of Personally
Identifiable Information that a Visitor or Authorized Customer has previously
requested not be disclosed, we will contact such Visitor or Authorized Customer
to allow such Visitor or Authorized Customer to prevent such disclosure.
Links:
This web site contains links to other web sites. Please note that when you
click on one of these links, you are moving to another web site. We encourage
you to read the privacy statements of these linked sites as their privacy
policies may differ from ours.
Web Site Agreement
Our website Web Site (the “Site”) is an online information service provided
by the authors of this website, subject to your compliance with the terms and
conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. OUR WEBSITE MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are the authors, its
affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas of the Site solely for
your own non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to our
website a non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for new or
improved products and services) you submit to any public areas of the Site (such
as bulletin boards, forums and newsgroups) or by e-mail to
admin by all means and in any media now
known or hereafter developed. You also grant to our website the right to use
your name in connection with the submitted materials and other information as
well as in connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against our website
for any alleged or actual infringement or misappropriation of any proprietary
right in your communications to our website.
TRADEMARKS
Publications, products, content or services referenced herein or on the Site
are the exclusive trademarks or service marks of our website. Other product and
company names mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by our website, our website does not operate,
control or endorse any information, products or services on the Internet in any
way. Except for our website- identified information, products or services, all
information, products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with our
website. You also understand that our website cannot and does not guarantee or
warrant that files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means external to
the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. OUR WEBSITE PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES
NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR
WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, OUR WEBSITE LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Our website makes no representations whatsoever about any other web site
which you may access through this one or which may link to this Site. When you
access another website from our website, please understand that it is
independent from our website, and that our website has no control over the
content on that web site. In addition, a link to our web site does not mean that
our website endorses or accepts any responsibility for the content, or the use,
of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless our website, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys’ fees, resulting from any
violation of this Agreement (including negligent or wrongful conduct) by you or
any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of our website and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the
laws of United States applicable to agreements made and to be performed in
United States. You agree that any legal action or proceeding between our website
and you for any purpose concerning this Agreement or the parties’ obligations
hereunder shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in United States. Any cause of action or claim you may have
with respect to the Service must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of action is barred. Our
website ‘s failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. Our website may assign its rights and
duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.