TERMS AND CONDITIONS OF
USE
Welcome
to our website. This site is maintained as a service to our
customers. By using this site, you agree to comply with and
be bound by the following terms and conditions of use.
Please review these terms and conditions carefully. If you
do not agree to these terms and conditions, you should not
use this site.
1. Agreement. This
Agreement (the “Agreement'”) specifies the Terms and
Conditions for access to and use of [name of website]
(the “Site'”) and describe the terms and conditions
applicable to your access of and use of the Site. This
Agreement may be modified at any time by [name of website
operator] upon posting of the modified agreement. Any
such modifications shall be effective immediately. You can
view the most recent version of these terms at any time at [website
address]. Each use by you shall constitute and be deemed
your unconditional acceptance of this Agreement.
2. Intellectual Property
Ownership.
(a) Our Content. All
content included on this site is and shall continue to be
the property of [name of website operator] or its
content suppliers and is protected under applicable
copyright, patent, trademark, and other proprietary rights.
Any copying, redistribution, use or publication by you of
any such content or any part of the Site is prohibited
without express permission by [name of website operator].
Under no circumstances will you acquire any ownership rights
or other interest in any content by or through your use of
this site. [Trademark] is the trademark or registered
trademark of [name of website operator]. Other
product and company names mentioned on this Site may be
trademarks of their respective owners.
(b) User Supplied Content.
By accessing our forum, bulletin board, chat room, or any
other user interactive area of our site, and placing any
information in any of those areas, you hereby grant us a
perpetual, irrevocable, royalty free license in and to such
materials, including but not limited to the right to post,
publish, transmit, distribute, create derivative works based
upon, create translations of, modify, amend, enhance,
change, display and publicly perform such materials in any
form or media, whether now known or later discovered. You
also grant to others who access the forum, bulletin board,
chat room or any other user interactive area of our site a
perpetual, non-revocable, royalty free license to view,
download, store and reproduce your postings but such license
is limited to the personal use and enjoyment of such other
party.
(c) Personal Use. [Name
of website operator] grants you a limited, revocable,
nonexclusive license to use this site solely for your own
personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative
works, or other use. You agree not to copy materials on the
site, reverse engineer or break into the site, or use
materials, products or services in violation of any law. The
use of this website is at the discretion of [name of
website operator] and [name of website operator]
may terminate your use of this website at any time.
(d) Other Uses. All
other use of Content from the Site, including, but not
limited to uploading, downloading, modification,
publication, transmission, participation in the transfer or
sale of, copying, reproduction, republishing, creation of
derivative works from, distribution, performance, display,
incorporation into another web site, reproducing the Site
(whether by linking, framing or any other method), or in any
other way exploiting any of the Content, in whole or in
part, is strictly prohibited without [Name of website
operator] prior express written consent.
3. Disclaimers.
(a) DISCLAIMER OF
WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON
AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF
THIS SITE IS AT YOUR SOLE RISK. [Name of website operator]
DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND
ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND
EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE
TO DISCONTINUE USING THE SITE.
FURTHERMORE, [Name of website operator] DOES NOT WARRANT
THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY
TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. [Name of website
operator] , ITS SUBSIDIARIES, VENDORS AND AFFILIATES
DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO
STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS,
AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE SITE. USE OF THE SITE'S SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY
RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF
LIABILITY. [Name of website operator] SHALL NOT BE
RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES
UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED
IN CONNECTION WITH [Name of website operator] OR THE SITE,
OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS
TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES,
OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE
SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE
CAUSE OF ACTION, EVEN IF [Name of website operator] HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS. The information presented
in this Website is intended to be for your educational and
entertainment purposes only.
We are
not presenting you with a business opportunity.
We are
not presenting you with a distributorship.
We are
not making any claims as to income you may earn.
We are
not presenting you with an opportunity to get rich.
Before
embarking on any endeavor, please use caution and seek the
advice your own personal professional advisors, such as your
attorney and your accountant.
Where
income figures are mentioned (if any), those income figures
are anecdotal information passed on to us concerning the
results achieved by the individual sharing the information.
We have performed no independent verification of the
statements made by those individuals. Please do not assume
that you will make those same income figures.
Please
do not construe any statement in this website as a claim or
representation of average earnings. There are NO average
earnings. Testimonials and statements of individuals are not
to be construed as claims or representations of average
earnings. We cannot, do not, and will not make any claims as
to earnings, average, or otherwise.
Success
in any endeavor is based on many factors individual to you.
We do not know your educational background, your skills,
your prior experience, or the time you can and will devote
to the endeavor.
Please
perform your own due diligence before embarking on any
course of action. Follow the advice of your personal
qualified advisors.
There
are risks in any endeavor that are not suitable for
everyone. If you use capital, only "risk" capital should be
used.
There
is no guarantee that you will earn any money using any of
the ideas presented in our in materials. Examples in our
materials are not to be interpreted as a promise or
guarantee of earnings. Many factors will be important in
determining your actual results and no guarantees are made
that you will achieve results similar to ours or anybody
else’s. No guarantee is made that you will achieve any
result at all from the ideas in our material.
You
agree that we will not share in your success, nor will we be
responsible for your failure or for your actions in any
endeavor you may undertake.
Please
understand that past performance cannot be an indication of
possible future results.
Materials in our product and our website may contain
information that includes or is based upon forward-looking
statements within the meaning of the securities litigation
reform act of 1995. Forward-looking statements give our
expectations or forecasts of future events. You can identify
these statements by the fact that they do not relate
strictly to historical or current facts. They use words such
as “anticipate,” “estimate,” “expect,” “project,” “intend,”
“plan,” “believe,” and other words and terms of similar
meaning in connection with a description of potential
earnings or financial performance. Any and all forward
looking statements in our materials are intended to express
our opinion of earnings potential. They are opinions only
and should not be relied upon as fact.
4. Terms Relating to User
Supplied Site Content.
(a) Participate at Your
Own Risk. You enter and participate in our forum,
bulletin board, chat room, or any other user interactive
area of our site, and gain access to the materials contained
thereon at your own risk.
(b) No Monitoring. We
do not monitor or screen communications on our forum,
bulletin board, chat room, or any other user interactive
area of our site and we are not responsible for any material
that any of our forum, bulletin board, chat room, or any
other user interactive area of our site participant posts
and we do not assume the responsibility to do so. In the
event that we are notified by any party that any
communications contained in our forum, bulletin board, chat
room, or any other user interactive area of our site is
contrary to these terms, we may, but are not obligated to,
investigate the situation and determine in our own
discretion, whether to remove such communication from our
forum, bulletin board, chat room, or any other user
interactive area of our site. We have no liability or
responsibility to investigate or remove any content from our
forum, bulletin board, chat room, or any other user
interactive area of our site based upon a complaint or
otherwise.
(c) Your Reliance at Your
Risk. We do not make any representations or warranties
as to the truth or accuracy of any statement made or
materials posted on or through our forum, bulletin board,
chat room, or any other user interactive area of our site.
You agree and acknowledge that you assume the risk of any
actions you take in reliance upon the information that may
be contained in our forum, bulletin board, chat room, or any
other user interactive area of our site.
(d) No Endorsement.
We do not endorse or lend any credence for any statements
that are made by any participant in our forum, bulletin
board, chat room, or any other user interactive area of our
site. Any opinions or views expressed by our forum, bulletin
board, chat room, or any other user interactive area of our
site participants are their own. We do not endorse or
support or otherwise give any credence or reason for
reliance on any such statements or opinions.
(e) You are Responsible.
You are fully responsible for your own statements and
materials that you post in our forum, bulletin board, chat
room, or any other user interactive area of our site and any
consequences, whether or not foreseen, to any party who may
rely upon these statements. You agree that you will not
take any action directed towards attempting to hold us
responsible for any such materials or statements.
(f) Removal of Material.
As a participant in our forum, bulletin board, chat room, or
any other user interactive area of our site, you agree that
we may remove any materials from our forum, bulletin board,
chat room, or any other user interactive area of our site
for any reason, in our sole discretion, or for no reason at
all. This includes material which is disruptive, abusive,
offensive, illegal, vulgar, pornographic, or any other
material. You hold us harmless from and against any damage
you or others may suffer as a result of our removal of any
content from our forum, bulletin board, chat room, or any
other user interactive area of our site or from the
discontinuance of our forum, bulletin board, chat room, or
any other user interactive area of our site at any time.
(g) Right to Expel.
We have the right to remove, expel, or disqualify any party
from participation and access to our forum, bulletin board,
chat room, or any other user interactive area of our site
for any time and for any reason, or for no reason
whatsoever, in our sole and absolute discretion. This
includes, but is not limited to any violation of this
agreement, disruptive behavior, complaints from other
parties, any allegedly illegal activity, or for any other
reason or for no reason at all.
(h) Right to Terminate.
We reserve the right to terminate our forum, bulletin board,
chat room, or any other user interactive area of our site at
any time and all users hold us harmless from and against any
claims, damages, suits, threats, demands, liabilities,
actions, causes of action, or injuries that may result
therefrom, including but not limited to any consequential,
incidental, and special damages of every nature and type.
(i) Prohibitions. You
agree that you will not (1) use our forum, bulletin board,
chat room, or any other user interactive area of our site
for any illegal purpose, (2) place any material in our
forum, bulletin board, chat room, or any other user
interactive area of our site that violates the copyrights,
trademarks, trade secrets, confidential information or other
rights of any other party, (3) place any material in our
forum, bulletin board, chat room, or any other user
interactive area of our site that contains a false statement
about any person, infringes upon the privacy rights of any
other person, or threatens, harasses, abuses or embarrasses
any other person, (4) place any obscene, pornographic,
sexually explicit or violent materials, graphics,
photographs, text or otherwise in our forum, bulletin board,
chat room, or any other user interactive area of our site,
(5) place any advertising, attempted business solicitation,
marketing materials or sales promotional materials in our
forum, bulletin board, chat room, or any other user
interactive area of our site, (6) pretend to be another
person that you are not, (7) place materials in our forum,
bulletin board, chat room, or any other user interactive
area of our site that are disruptive or off-topic.
(j) Hold Harmless and
Indemnify. You hold us harmless from, and indemnify us
against, any and all claims for damages from third parties
arising from your participation, use or conduct in our
forum, bulletin board, chat room, or any other user
interactive area of our site.
5. Miscellaneous.
(a) Prohibition Against
Data Mining. You are prohibited from data mining,
scraping, crawling, email harvesting or using any process or
processes that send automated queries to the [Name of
website operator] Web site. You may not use the [Name of
website operator] Web site to compile a collection of
listings, including a competing listing product or service.
You may not use the Site or any Materials for any
unsolicited commercial e-mail.
(b) Intended Audience. This
website is intended for adults only. This website is not
intended for any children under the age of 18.
(c) Compliance with Laws. You
agree to comply with all applicable laws regarding your use
of the website. You further agreed that information provided
by you is truthful and accurate to the best of your
knowledge.
(d) Indemnification. You
agree to indemnify, defend and hold [name of website
operator] and our partners, employees, and affiliates,
harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your
violation of this Agreement or use of the Site.
(e) Privacy. Your
visit to our site is also governed by our Privacy Policy.
Please review our Privacy Policy at [website address].
[Name of website operator] reserves the right, and
you authorize us, to use and assign all information
regarding site uses by you and all information provided by
you in any manner consistent with our Privacy Policy.
(f) DMCA Notice. If
you believe your work has been copied in a way that
constitutes copyright infringement, please provide a notice
containing all of the following information to our Copyright
Agent:
(1) An electronic or
physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
(2) A description of the
copyrighted work that you claim has been infringed;
(3) A description of where
the material that you claim is infringing is located on the
Site;
(4) Your address, telephone
number, and e-mail address;
(5) A statement by you that
you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
and
(6) A statement by you, made
under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Our
Copyright Agent for Notice of claims of copyright
infringement on the Site is California, who can be reached
as follows:
By
Mail: Information Systems P.O. Box 6321 Oceanside CA 92052
(g) Applicable Law. You agree that the laws of the
state of California, without regard to conflicts of laws
provisions will govern these Terms and Condition of Use and
any dispute that may arise between you and [name of
website operator] or its affiliates. Venue shall be in
[name of county].
(h) Arbitration. As
part of the consideration that [name of website operator]
requires for viewing, using or interacting with this
website, you agree to the use of binding arbitration for any
claim, dispute, or controversy of any kind (whether in
contract, tort or otherwise) arising out of or relating to
this website.
Arbitration shall be
conducted pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute is
submitted to the American Arbitration Association.
Information about the American Arbitration Association, its
rules, and its forms are available from the American
Arbitration Association, 335 Madison Avenue, Floor 10, New
York, New York, 10017-4605. Hearing will take place in the
city or county of [name of website operator]. In no
case shall you have the
right to go to court or have a jury trial. You will not
have the right to engage in pre-trial discovery except as
provided in the rules; you will not have the right to
participate as a representative or member of any class of
claimants pertaining to any claim subject to arbitration;
the arbitrator's decision will be final and binding with
limited rights of appeal. The prevailing party shall be
reimbursed by the other party for any and all costs
associated with the dispute arbitration, including attorney
fees, collection fees, investigation fees, and travel
expenses.
(i) Severability. If
any provision of this Agreement shall be adjudged by any
court of competent jurisdiction to be unenforceable or
invalid, that provision shall be limited or eliminated to
the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect.
(j) Termination. [Name
of website operator] may terminate this Agreement at any
time, with or without notice, for any reason.
(k) Contact Information.
HOW TO
CONTACT US:
Information Systems
P.O. Box 6321 Oceanside CA 92052