Last Updated December 22, 2009
Acceptance of Terms
You agree not to post any text, files, images, video, audio, or other materials ("Content") or use the Website in any way that:
You agree not to decompile or reverse engineer or otherwise attempt to discover any source code contained in the Website. Unless you receive explicit permission, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Website.
You understand that all Content posted on, transmitted through, or linked from the Website, are the sole responsibility of the person from whom such Content originated. You understand that Company does not control, and is not responsible for Content made available through the Website, and that by using the Website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
If you believe that Content on the Website violates your copyright(s), you may file a Digital Millennium Copyright Act (DMCA) notification by submitting your claim via email to email@example.com, via fax to 1-908-275-9105 or via mail to 90 Washington Valley Road # 1128, Bedminster, NJ 07921 with supporting documentation to establish your rights. In order for us to process your claim, you must fully comply with the laws established by the DMCA, which, in summary, include (a) notification to the correct party; (b) delivery of your notification via fax, email, or registered mail; (c) clear identification of the date and your jurisdiction, including your contact information; (d) clear identification of yourself and your website; (e) clear identification of the copyright violator; (f) clearly outline the copyright violations using searches, screenshots, and so forth; (g) demand removal of the offending material; and (h) attest, under penalty of perjury, that you are the owner of the copyright and include your copyright registration information, if registered.
By adding Content to the Website, you grant, and you represent and warrant, that you have the right to grant to Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content.
Company does not endorse nor certify content that is posted on the Website. Company cannot guarantee that all the information on the Website is current.
Information at our Website may be outdated due to the date and the method of the collection or may be incorrect. If you find information on the Website that you believe to be in error, please contact us with the specifics and we will investigate the matter and where we are allowed by our data source we will update the information.
Company allows the crawlers of Google, Yahoo, Bing, and Ask to retrieve the Website pages automatically. The use of other automated tools, that can impact the performance of the site, to download data from the Website is expressly prohibited.
Limitations and Termination
Company may create limitations of your use of the Website including, but not limited to, the number of times you may access the Website and the amount of information that you may post to the Website. Limitations can include full termination of your access to the Website and you agree that Company has the right at any time, in its sole discretion, with or without notice, to modify or discontinue the Website (or any part thereof), to delete or deactivate your account and immediately remove and discard any Content within the Website. Company's right to terminate shall also apply to the termination of services that are paid for by Customer and sole compensation for termination of such paid services, if the termination is initiated by the Company, shall be a pro-rated refund based on the remaining time left on such service(s); provided however, no refund shall be due if termination was the result of a violation by you of the Terms of Service. You shall have the right to terminate any paid service prior to any renewal date in which case your service will not renew at the renewal date and no renewal costs will be charged; however, you will not receive a pro-rated refund for the time remaining until the end of the current period unless you terminate pursuant to a Company satisfaction guarantee and you terminate within the guarantee period and according to the guarantee requirements in which case the guarantee provisions will apply. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to the Website whether a free or paid service and for the disruption or loss of business that may or may not result from the Company terminating the Website or your service(s) on the Website.
Disclaimer Of Warranties
THE COMPANY WEBSITE AND ANY INCLUDED SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, ERRORS, VIRUSES, MERCHANTABLE AND THAT IT IS FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitations Of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARISE FROM YOUR INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, MODIFICATION, OR TERMINATION OF THE WEBSITE OR ANY SERVICE OR PART THEREOF.
Violation of Terms
You agree that monetary damages may not be a sufficient remedy for any breach of this Agreement and that Company shall be entitled, without waiving any other rights or remedies, to seek injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.