| 1. TOSA: |
The following is the current Terms of Service Agreement ("TOSA")
between you (“User”), the Owner of the website, and other users of the website. |
| 2. OWNER OF WEBSITE: |
The “Owner” of the website content is the entity named in the website on the
Home Page/Introductory Page/Welcome Page, which may be an assumed name or
abbreviated name, in which case the Owner shall be deemed to be the formal
legal entity of such assumed name or abbreviated name. User agrees that if
knowing the exact formal legal entity of the website is an obstacle or problem
for User's use of the website, User agrees to not use the website. |
| 3. CHANGES TO TOSA: |
The terms of this TOSA may be changed from time to time without notice to User,
however, User can always view the current TOSA on the website. User hereby
waives notice of such changes and agrees to view the TOSA prior to each and
every use of the website. |
| 4. RULES, REGULATIONS, AND STANDARDS: |
The Owner may adopt rules, regulations, and standards governing the use of the
website by User and other users at any time without notice to User. |
| 5. USER’S AGREEMENT TO ABIDE BY THE TOSA: |
By hitting the “Accept” button, User hereby accepts the TOSA in its entirety
without any reservation or exception therefrom. User hereby agrees to abide by
its terms as same may change from time to time. It is User’s responsibility to
review the TOSA from time to time to inform itself of changes that may have
been made to the TOSA. |
| 6. USER’S PASSWORD, SECURITY, AND USER’S
RESPONSIBILITY TO SAFEGUARD SAME: |
User hereby represents that it is currently affiliated with the Owner and is
authorized by the Owner to use the website. Maintaining the confidentiality of
the User’s password and account is User’s sole responsibility. In the event of
any unauthorized use of User’s password or account or any other breach of
security, User agrees to immediately notify the website administrator. User
hereby agrees that all activities that occur under User’s password or account
are User’s sole and absolute responsibility. |
| 7. USE OF USER INFORMATION: |
This is legal notice that any user information contained in the website may not
be disclosed, disseminated, or used in any manner whatsoever, including, but
not limited to, purposes of solicitation of products or services by mail,
email, telephone, door-to-door, or by any other means, without the express,
advance written permission of Owner. |
| 8. PROHIBITED POSTINGS AND TRANSMISSIONS: |
User agrees not to use the website to post, transmit, and/or be involved in
posting and/or transmitting: 1) Any infringement on any patent, trademark,
copyright, or trade secrets of any party; 2) Materials that are considered
spam, junk mail, chain letters, or pyramid schemes; 3) Any material that may be
considered racially, ethnically, and/or sexually hateful, slanderous, or
objectionable; 4) Any material that may be considered vulgar, obscene,
libelous, abusive, harassing, defamatory, and/or threatening; 5) Any material
that is unlawful; 6) Any material that violates any contractual or fiduciary
relationships (such as proprietary/confidential business information of another
party); and/or 7) Any material that may violate any local, state, or federal
laws, ordinances, rules, or regulations, whether intentional or unintentional. |
| 9. PROHIBITED ACTIVITIES: |
Further, User agrees not to: 1) obtain, collect, store, and/or use personal
data about other users and Owner; 2) stalk or harass another user or Owner; 3)
post copyrighted materials; 4) make personal attacks against other users in the
form of chiding, threatening, or making fun of another user; 5) make posts that
contain foul or abusive language; and/or 6) collect email or other information
about users. |
| 10. PROHIBITION AGAINST RESTRICTING, IMPAIRING,
AND/OR INHIBIITING USE BY ANOTHER USER: |
User agrees not to restrict, impair, and/or inhibit the use of this website by
any other user. Activity that restricts, impairs, and/or inhibits use of this
website may result in the reporting of same to your Internet Service Provider
(ISP) and/or other authorities. In the event User acts in a manner to restrict,
impair, and/or inhibit the use of this website by any other user, the Owner may
pursue such legal and equitable remedies available to it against User. |
| 11. PROHIBITION AGAINST INAPPROPRIATE POSTINGS: |
User agrees not to make postings to the website containing foul, abusive,
hateful, or inappropriate language. User further agrees not to make postings to
the website of pornographic or sexually explicit images. User agrees that it’s
postings will be such that viewing and reading is appropriate for individuals
of all ages. |
| 12. PROHIBITION AGAINST COPYRIGHT VIOLATIONS: |
User agrees not post copyrighted materials to the website, it being understood
that any such material may be deleted by the website administrator without
prior notice to User. User agrees not to take material from the website and use
it without the express written consent of Owner. |
| 13. PROHIBITION AGAINST USING GRAPHICS OR
PICTURES: |
User agrees not to use any graphics or pictures in any posts or signatures,
except as may be provided for at appropriate locations within the website. Such
graphics or pictures may be deleted by the website administrator without
notice.
|
| 14. PROHIBITION AGAINST COMMERCIAL ACTIVITY: |
User agrees that User will not post commercial advertising messages,
solicitations, or graphics in message boards or during live chats. User agrees
that it’s posts will not contain any URL containing a referral code or referral
address or any hidden links. User further agrees not to post any links to pages
or businesses with advertising. |
| 15. DELETION OF POSTINGS AND MATERIAL BY WEB
ADMINISTRATOR: |
User agrees that the website administrator or the Owner, in its sole and
absolute discretion, may delete any material at any time for any reason without
notice or liability to User.
|
| 16. NON-LIABILITY OF FAILURE TO ENFORCE TOSA: |
User agrees that the Owner or it’s legal agents, including their officers,
directors, employees, contractors and vendors, shall not be liable to User for
any reason whatsoever on account of a failure to enforce any provision or
aspect of this TOSA. |
| 17. NON-WAIVER OF TOSA PROVISIONS/RIGHTS DUE TO
FAILURE TO ENFORCE TOSA: |
User agrees that any failure of Owner to enforce any provision of the TOSA
shall not constitute a waiver of such provisions or rights. |
| 18. INDEMNITY AND HOLD HARMLESS: |
USER HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER AND IT’S
LEGAL AGENTS, INCLUDING THEIR EMPLOYESS, OFFICERS, AND DIRECTORS, AND ITS
WEBSITE HOSTING VENDOR AS SAME MAY CHANGE FROM TIME TO TIME, FROM ANY CLAIM,
DEMAND, LIABILITY, CAUSE OF ACTION, OF WHATEVER KIND OR CHARACTER, INCLUDING
REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF
USER’S ACTIONS, USER’S USE OF THE WEBSITE, USER’S VIOLATION OF THE TOSA, OR
USER’S VIOLATION OF ANY RIGHTS OF ANOTHER PARTY. |
| 19. TERMINATION OF USER ACCESS: |
User agrees that the Owner, in its sole and absolute discretion, may at any
time, and/or from time to time, terminate User’s password and User account,
deactivate or delete User’s account, delete all related information and files
in User’s account, all without the need to provide notice to User. Further, in
its sole and absolute discretion, the Owner may terminate User’s use of the
website altogether.
|
| 20. REMOVAL OF INFORMATION POSTED BY USER: |
User agrees that the Owner may remove and discard any information posted to the
website by User without any liability to User. |
| 21. DISCONTINUATION OF WEBSITE: |
User agrees that at any time, without notice to User, the Owner may discontinue
providing a website. |
| 22. NON-LIABILITY OF OWNER AND HOSTING VENDOR: |
User agrees that neither the Owner nor its website hosting vendor shall be
liable to User or any third party for any of the aforementioned actions.
|
| 23. USER’S DEALINGS WITH WEBSITE USERS,
ADVERTISERS, AND OTHER THIRD PARTIES: |
User agrees that any dealing User may have with website users, advertisers, or
any other party are between User and the other party. User agrees that the
Owner, including its legal agents, officers, directors, and employees, and its
website hosting vendor are not responsible for any loss or damage that User may
incur as a result of User’s dealings with such parties. User agrees that User’s
dealings with other website users, advertisers, and any other third parties is
at User’s own risk. |
| 24. NON-LIABILITY FOR LINKS TO OTHER WEB SITES: |
The website may contain links to other World Wide Web sites or resources. The
Owner and its hosting vendor has no control over such sites and resources. User
agrees that the Owner is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or available from
such sites or resources. User further acknowledge and agrees that the Owner
shall not be responsible or liable to User, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of
or reliance on any such content, goods or services available on or through any
such site or resource. |
| 25. OWNER’S NON-LIABILITY FOR THE CONTENT OF
POSTINGS: |
The Owner is not liable for the content of any posts by any user. The Owner
does not verify or endorse as true any information posted by any user. |
| 26. POSTING OF USER AS A VIOLATOR: |
If User violates any of the agreements of this TOSA, or other rules promulgated
by Owner and published on the website, User agrees that User’s email address
may be posted as a violator and User’s use may be revoked without notice. |
| 27. DISCLAIMER OF WARRANTIES: |
By logging on to the website, User expressly understands and agrees that: 1)
User’s use of the web site is at it’s sole risk; 2) The service is provided on
an "as is" and "as available" basis; 3) The Owner expressly disclaims all
warranties of any kind, whether express or implied, including, but not limited
to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement. |
| 28. NOTICE: |
Notices to User may be made via either email or regular mail using the address
specified in the User’s profile, or such other address as may be provided to
Owner. The website may also provide notices of changes to the TOSA, or other
matters, by displaying notices or links to notices to User on the web site. |
| 29. HEADINGS: |
All headings and subheading employed within this TOSA are inserted only for
convenience and reference only. Headings are not to be considered in the
interpretation of any provision of this TOSA. |
| 30. INVALIDITY OF A SECTION, SENTENCE,
PARAGRAPH, OR PHRASE: |
If any section, sentence, paragraph, or phrase of this TOSA is found to be
legally invalid, void, or unenforceable, the remainder of the TOSA will
continue in force to the extent it is not legally invalid, void, or
unenforceable. |
| 31. QUESTIONS ABOUT THIS TOSA: |
Any questions about this TOSA may be directed to the website administrator. |