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Terms of Use & Service
IMPORTANT!
THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS
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ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE
ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS
DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES
ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND
ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS
OF USE REGULARLY.
Access to This Site
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS
WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU
ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY
REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB
SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS
WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT
MONITORED AS DOING SO.
To access this site or
some of the resources it has to offer, you may be asked
to provide certain registration details or other
information. It is a condition of your use of this site
that all the information you provide on this site will
be correct, current, and complete. If our Company
believes the information you provide is not correct,
current, or complete, we have the right to refuse you
access to this site or any of its resources, and to
terminate or suspend your access at any time, without
notice.
Restrictions on Use
You may use this site
for purposes expressly permitted by this site. You may
not use this site for any other purpose, including any
commercial purpose, without our Company's express prior
written consent. For example, you may not (and may not
authorize any other party to) (i) co-brand this site, or
(ii) frame this site, or (iii) hyper-link to this site,
without the express prior written permission of an
authorized representative of our Company. For purposes
of these Terms of Use, "co-branding" means to display a
name, logo, trademark, or other means of attribution or
identification of any party in such a manner as is
reasonably likely to give a user the impression that
such other party has the right to display, publish, or
distribute this site or content accessible within this
site. You agree to cooperate with our Company in
causing any unauthorized co-branding, framing or
hyper-linking immediately to cease.
Proprietary
Information
The material and
content (hereinafter referred to as the "Content")
accessible from this site, and any other World Wide Web
site owned, operated, licensed, or controlled by our
Company is the proprietary information of our Company or
the party that provided the Content to our Company, and
our Company or the party that provided the Content to
our Company retains all right, title, and interest in
the Content. Accordingly, the Content may not be
copied, distributed, republished, uploaded, posted, or
transmitted in any way without the prior written consent
of our Company, or unless authorized in writing
elsewhere on our site, except that you may print out a
copy of the Content solely for your personal use. In
doing so, you may not remove or alter, or cause to be
removed or altered, any copyright, trademark, trade
name, service mark, or any other proprietary notice or
legend appearing on any of the Content. Modification or
use of the Content except as expressly provided in these
Terms of Use violates our Company's intellectual
property rights. Neither title nor intellectual
property rights are transferred to you by access to this
site.
Hyper-Links
This site may be
hyper-linked to other sites which are not maintained by,
or related to, our Company. Hyper-links to such sites
are provided as a service to users and are not sponsored
by or affiliated with this site or our Company. Our
Company has not reviewed any or all of such sites and is
not responsible for the content of those sites.
Hyper-links are to be accessed at the user's own risk,
and our Company makes no representations or warranties
about the content, completeness or accuracy of these
hyper-links or the sites hyper-linked to this site.
Further, the inclusion of any hyper-link to a
third-party site does not necessarily imply endorsement
by our Company of that site.
Submissions
You hereby grant to
our Company the royalty-free, perpetual, irrevocable,
worldwide, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, and display
all content, remarks, suggestions, ideas, graphics, or
other information communicated to our Company through
this site (together, hereinafter known as the
"Submission"), and to incorporate any Submission in
other works in any form, media, or technology now known
or later developed. Our Company will not be required to
treat any Submission as confidential, and may use any
Submission in its business (including without
limitation, for products or advertising) without
incurring any liability for royalties or any other
consideration of any kind, and will not incur any
liability as a result of any similarities that may
appear in future Company operations.
Our Company will treat
any personal information that you submit through this
site in accordance with its Privacy Policy as set forth
on this site.
Disclaimer
You understand that
our Company cannot and does not guarantee or warrant
that files available for downloading from the Internet
will be free of viruses, worms, Trojan horses or other
code that may 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 this
site for the reconstruction of any lost data. Our
Company does not assume any responsibility or risk for
your use of the Internet.
The Content is not
necessarily complete and up-to-date and should not be
used to replace any written reports, statements, or
notices provided by Company. Investors, borrowers, and
other persons should use the Content in the same manner
as any other educational medium and should not rely on
the Content to the exclusion of their own professional
judgment. Information obtained by using this site is
not exhaustive and does not cover all issues, topics, or
facts that may be relevant to your goals.
YOUR USE OF THIS SITE
IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS”
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED. OUR COMPANY DISCLAIMS ALL WARRANTIES,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NON-INFRINGEMENT. OUR COMPANY DOES NOT WARRANT THAT THE
FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. OUR COMPANY DOES NOT WARRANT OR MAKE ANY
REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF
THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR
OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY
MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT
OUR COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS
OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS
CONTENT. OUR COMPANY MAKES NO WARRANTIES THAT YOUR USE
OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN SUCH CONTENT.
All of the information
in this site, whether historical in nature or
forward-looking, speaks only as of the date the
information is posted on this site, and Company does not
undertake any obligation to update such information
after it is posted or to remove such information from
this site if it is not, or is no longer, accurate or
complete.
Limitation on
Liability
COMPANY, ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND
DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT,
INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE
OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR
SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE
COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS,
TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF
$100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE
APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH
LIABILITY AROSE.
Indemnity
You will indemnify and
hold Company, its subsidiaries, affiliates, licensors,
content providers, service providers, employees, agents,
officers, directors, and contractors (hereinafter known
as the "Indemnified Parties") harmless from any breach
of these Terms of Use by you, including any use of
Content other than as expressly authorized in these
Terms of Use. You agree that the Indemnified Parties
will have no liability in connection with any such
breach or unauthorized use, and you agree to indemnify
any and all resulting loss, damages, judgments, awards,
costs, expenses, and attorney's fees of the Indemnified
Parties in connection therewith. You will also
indemnify and hold the Indemnified Parties harmless from
and against any claims brought by third parties arising
out of your use of the information accessed from this
site.
Trademarks
Trademarks, service
marks, and logos appearing in this site are the property
of Company or the party that provided the trademarks,
service marks, and logos to Company. Company and any
party that provided trademarks, service marks, and logos
to Company retain all rights with respect to any of
their respective trademarks, service marks, and logos
appearing in this site.
Information You
Provide
You may not post,
send, submit, publish, or transmit in connection with
this site any material that:
-
You do not have
the right to post, including proprietary material of
any third party;
-
Advocates illegal
activity or discusses an intent to commit an illegal
act;
-
Is vulgar,
obscene, pornographic, or indecent;
-
Does not pertain
directly to this site;
-
Threatens or
abuses others, libels, defames, invades privacy,
stalks, is obscene, pornographic, racist, abusive,
harassing, threatening or offensive;
-
Seeks to exploit
or harm children by exposing them to inappropriate
content, asking for personally identifiable details
or otherwise;
-
Infringes any
intellectual property or other right of any entity
or person, including violating anyone’s copyrights
or trademarks or their rights of publicity;
-
Violates any law
or may be considered to violate any law;
-
Impersonates or
misrepresents your connection to any other entity or
person or otherwise manipulates headers or
identifiers to disguise the origin of the content;
-
Advertises any
commercial endeavor (e.g., offering for sale
products or services) or otherwise engages in any
commercial activity (e.g., conducting raffles or
contests, displaying sponsorship banners, and/or
soliciting goods or services) except as may be
specifically authorized on this site;
-
Solicits funds,
advertisers or sponsors;
-
Includes programs
which contain viruses, worms and/or Trojan horses or
any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of
any computer software or hardware or
telecommunications;
-
Disrupts the
normal flow of dialogue, causes a screen to scroll
faster than other users are able to type, or
otherwise act in a way which affects the ability of
other people to engage in real time activities via
this site;
-
Includes MP3
format files;
-
Amounts to a
'pyramid' or similar scheme;
-
Disobeys any
policy or regulations established from time to time
regarding use of this site or any networks connected
to this site; or
-
Contains
hyper-links to other sites that contain content that
falls within the descriptions set forth above.
Although under no
obligation to do so, our Company reserves the right to
monitor use of this site to determine compliance with
these Terms of Use, as well the right to remove or
refuse any information for any reason. Notwithstanding
these rights, you remain solely responsible for the
content of your submissions. You acknowledge and agree
that neither Company nor any third party that provides
Content to Company will assume or have any liability for
any action or inaction by Company or such third party
with respect to any submission.
Security
Any passwords used for
this site are for individual use only. You will be
responsible for the security of your password (if any).
Company will be entitled to monitor your password and,
at its discretion, require you to change it. If you use
a password that Company considers insecure, Company will
be entitled to require the password to be changed and/or
terminate your account.
You are prohibited
from using any services or facilities provided in
connection with this site to compromise security or
tamper with system resources and/or accounts. The use or
distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools or
network probing tools) is strictly prohibited. If you
become involved in any violation of system security,
Company reserves the right to release your details to
system administrators at other sites in order to assist
them in resolving security incidents. Company reserves
the right to investigate suspected violations of these
Terms of Use.
Company reserves the
right to fully cooperate with any law enforcement
authorities or court order requesting or directing
Company to disclose the identity of anyone posting any
e-mail messages, or publishing or otherwise making
available any materials that are believed to violate
these Terms of Use.
BY ACCEPTING THIS
AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING
OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY
ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY
EITHER [COMPANY] OR LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms of Use
will be governed and interpreted pursuant to the laws of
New York, United States of America, notwithstanding any
principles of conflicts of law. You specifically
consent to personal jurisdiction in New York, in
connection with any dispute between you and Company
arising out of these Terms of Use or pertaining to the
subject matter hereof. The parties to these Terms of
Use each agree that the exclusive venue for any dispute
between the parties arising out of these Terms of Use or
pertaining to the subject matter of these Terms of Use
will be in the state and federal courts in New York, New
York. If any part of these Terms of Use is unlawful,
void or unenforceable, that part will be deemed
severable and will not affect the validity and
enforceability of any remaining provisions. These Terms
of Use constitute the entire agreement among the parties
relating to this subject matter. Notwithstanding the
foregoing, any additional terms and conditions on this
site will govern the items to which they pertain.
Company may revise these Terms of Use at any time by
updating this posting.
Last
updated: September, 2010
Internet Entrepreneur,
Inc.
Email: customerservice (at)
launchyourfirstproduct.com
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