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Terms of Use Agreement
Welcome to our Web site.
By using our site, you are
agreeing to comply with
and be bound by the following
terms of use. Please review
the following terms carefully.
If you do not agree to these
terms, you should not use
this site. The term “Spam
Safe Sites” or “us”
or “we” or “our”
refers to Spam Safe Sites.com,
the owner of the Web
site. The term “you”
refers to the user or viewer
of our Web Site.
1. Acceptance of
Agreement.
You agree to the terms and
conditions outlined in this
Terms of Use Agreement ("Agreement")
with respect to our site
(the "Site").
This Agreement constitutes
the entire and only agreement
between us and you, and
supersedes all prior or
contemporaneous agreements,
representations, warranties
and understandings with
respect to the Site, the
content, products or services
provided by or through the
Site, and the subject matter
of this Agreement. This
Agreement may be amended
at any time by us from time
to time without specific
notice to you. The latest
Agreement will be posted
on the Site, and you should
review this Agreement prior
to using the Site.
2. Copyright.
The content, organization,
graphics, design, compilation,
magnetic translation, digital
conversion and other matters
related to the Site are
protected under applicable
copyrights, trademarks and
other proprietary (including
but not limited to intellectual
property) rights. The copying,
redistribution, use or publication
by you of any such matters
or any part of the Site,
except as allowed by Section
4 below, is strictly prohibited.
You do not acquire ownership
rights to any content, document
or other materials viewed
through the Site. The posting
of information or materials
on the Site does not constitute
a waiver of any right in
such information and materials.
Some of the content on the
site is the copyrighted
work of third parties.
3. Service Marks.
"SpamSafeSites.com"
and others are our service
marks or registered service
marks or trademarks. Other
product and company names
mentioned on the Site may
be trademarks of their respective
owners.
4. Limited License;
Permitted Uses.
You are granted a non-exclusive,
non-transferable, revocable
license (a) to access and
use the Site strictly in
accordance with this Agreement;
and (b) to print out discrete
information from the Site
solely for internal, personal,
non-commercial purposes
and provided that you maintain
all copyright and other
policies contained therein.
No print out or electronic
version of any part of the
Site or its contents may
be used by you in any litigation
or arbitration matter whatsoever
under any circumstances.
5. Restrictions
and Prohibitions on Use.
Your license for access
and use of the Site and
any information, materials
or documents (collectively
defined as “Content
and Materials”) therein
are subject to the following
restrictions and prohibitions
on use: You may not
(a) copy, print (except
for the express limited
purpose permitted by Section
4 above), republish, display,
distribute, transmit, sell,
rent, lease, loan or otherwise
make available in any form
or by any means all or any
portion of the Site or any
Content and Materials retrieved
therefrom;
(b) use the Site or any
materials obtained from
the Site to develop, of
as a component of, any information,
storage and retrieval system,
database, information base,
or similar resource (in
any media now existing or
hereafter developed), that
is offered for commercial
distribution of any kind,
including through sale,
license, lease, rental,
subscription, or any other
commercial distribution
mechanism;
(c) Create compilations
or derivative works of any
Content and Materials from
the Site;
(d) use any Content and
Materials from the Site
in any manner that may infringe
any copyright, intellectual
property right, proprietary
right, or property right
of us or any third parties;
(e) Remove, change or obscure
any copyright notice or
other proprietary notice
or terms of use contained
in the Site;
(f) make any portion of
the Site available through
any timesharing system,
service bureau, the Internet
or any other technology
now existing or developed
in the future;
(g) remove, decompile, disassemble
or reverse engineer any
Site software or use any
network monitoring or discovery
software to determine the
Site architecture;
(h) use any automatic or
manual process to harvest
information from the Site;
(i) use the Site for the
purpose of gathering information
for or transmitting (1)
unsolicited commercial email;
(2) email that makes use
of headers, invalid or nonexistent
domain names, or other means
of deceptive addressing;
and (3) unsolicited telephone
calls or facsimile transmissions;
(j) use the Site in a manner
that violates any state
or federal law regulating
email, facsimile transmissions
or telephone solicitations;
and
(k) export or re-export
the Site or any portion
thereof, or any software
available on or through
the Site, in violation of
the export control laws
or regulations of the United
States.
6. Forms, Agreements
& Documents
We may make available through
the Site or through other
Web sites sample and actual
forms, checklists, business
documents and legal documents
(collectively, “Documents”).
All Documents are provided
on a non-exclusive license
basis only for your personal
one-time use for non-commercial
purposes, without any right
to re-license, sublicense,
distribute, assign or transfer
such license. Documents
are provided for a charge
and without any representations
or warranties, express or
implied, as to their suitability,
legal effect, completeness,
currentness, accuracy, and/or
appropriateness. THE DOCUMENTS
ARE PROVIDED “AS IS”,
“AS AVAILABLE”,
AND WITH “ALL FAULTS”,
AND WE AND ANY PROVIDER
OF THE DOCUMENTS DISCLAIM
ANY WARRANTIES, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
The Documents may be inappropriate
for your particular circumstances.
Furthermore, state laws
may require different or
additional provisions to
ensure the desired
result. You should consult
with legal counsel to determine
the appropriate legal or
business documents necessary
for your particular transactions,
as the Documents are only
samples and may not be applicable
to a particular situation.
Some Documents are public
domain forms or available
from public records.
7. Linking License
(a) MEMBER LINKING- Spam
Safe Sites grants a non-
exclusive, non- transferable
license to You to use the
code Seal(s) as part of
the service for linking
to SpamSafeSites.com as
approved through this service.
The code may not be modified
in any way except with written
permission from Spam Safe
Sites. Where the Seal is
to be displayed on a website
you must use the Code provided.
Where the seal is to be
used in hard documents (such
as business stationary),
the ‘offline’
version of the seal must
be used.
(b) MEMBER OBLIGATIONS-
You may not engage in any
kind of broadcast electronic
communication, except for
you have the Recipients
written permission. Where
you have the recipients
permission you must include
a visible and functional
way for the recipient to
be removed from your mailing
list.
(c) LICENSE- Each license
may only be used on a single
domain. Additional licenses
are required for additional
domains.
8. Termination and
Term
Either party may terminate
this agreement upon (30)
days written notice to the
other. Upon a breach of
these Terms, Spam Free Sites
may cancel any license without
notification.
Upon termination for any
reason, all licenses granted
herein shall immediately
cease and the Member shall
immediately remove all code,
links, references and trademarks
from all business documents,
both electronic and hardcopy,
regardsing Spam Safe Sites
9. Linking to the
Site.
You may provide links to
the Site, provided (a) that
you do not remove or obscure,
by framing or otherwise,
advertisements, the copyright
notice, or other notices
on the Site, (b) your site
does not engage in illegal
or pornographic activities,
and (c) you discontinue
providing links to the Site
immediately upon request
by us.
10. Advertisers.
The Site may contain advertising
and sponsorships. Advertisers
and sponsors are responsible
for ensuring that material
submitted for inclusion
on the Site is accurate
and complies with applicable
laws. We are not responsible
for the illegality or any
error, inaccuracy or problem
in the advertiser’s
or sponsor’s materials.
11. Registration.
Certain sections of, or
offerings from, the Site
may require you to register.
If registration is requested,
you agree to provide us
with accurate, complete
registration information.
Your registration must be
done using your real name
and accurate information.
We do not permit (a) any
other person using the registered
sections under your name;
or (b) access through a
single name being made available
to multiple users on a network.
You are responsible for
preventing such unauthorized
use.
12. Errors, Corrections
and Changes.
We do not represent or warrant
that the Site will be error-free,
free of viruses or other
harmful components, or that
defects will be corrected.
We do not represent or warrant
that the information available
on or through the Site will
be correct, accurate, timely
or otherwise reliable. We
may make changes to the
features, functionality
or content of the Site at
any time. We reserve the
right in our sole discretion
to edit or delete any documents,
information or other content
appearing on the Site.
13. Third Party
Content.
Third party content may
appear on the Site or may
be accessible via links
from the Site. We are not
responsible for and assume
no liability for any mistakes,
misstatements of law, defamation,
omissions, falsehood, obscenity,
pornography or profanity
in the statements, opinions,
representations or any other
form of content on the Site.
You understand that the
information and opinions
in the third party content
represent solely the thoughts
of the author and is neither
endorsed by nor does it
necessarily reflect our
belief.
14. Unlawful Activity.
We reserve the right to
investigate complaints or
reported violations of this
Agreement and to take any
action we deem appropriate,
including but not limited
to reporting any suspected
unlawful activity to law
enforcement officials, regulators,
or other third parties and
disclosing any information
necessary or appropriate
to such persons or entities
relating to your profile,
email addresses, usage history,
posted materials, IP addresses
and traffic information.
15. Indemnification.
You agree to indemnify,
defend and hold us and our
partners, agents, officers,
directors, employees, subcontractors,
successors, assigns, third
party suppliers of information
and documents, attorneys,
advertisers, product and
service providers, and affiliates
(collectively, "Affiliated
Parties") 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.
16. Nontransferable.
Your right to use the Site
is not transferable or assignable.
Any password or right given
to you to obtain information
or documents is not transferable
or assignable.
17. Disclaimer.
THE INFORMATION, CONTENT
AND DOCUMENTS FROM OR THROUGH
THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE,"
WITH “ALL FAULTS”,
AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. WE AND
OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION
OR SERVICE, EXCEPT AS PROVIDED
IN SECTION 17(b). IN PARTICULAR,
BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION
AND LIMITATION OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN US AND
YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND
INFORMATION PRESENTED WOULD
NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE
SITE OR OTHERWISE SHALL
CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY
FOR ANY DAMAGES CAUSED BY
VIRUSES CONTAINED WITHIN
THE ELECTRONIC FILE CONTAINING
A FORM OR DOCUMENT IS DISCLAIMED.
18. Limitation of Liability
(a) We and any Affiliated
Party shall not be liable
for any loss, injury, claim,
liability, or damage of
any kind resulting in any
way from (a) any errors
in or omissions from the
Site or any services or
products obtainable therefrom,
(b) the unavailability or
interruption of the Site
or any features thereof,
(c) your use of the Site,
(d) the content contained
on the Site, or (e) any
delay or failure in performance
beyond the control of a
Covered Party.
(b) THE AGGREGATE LIABILITY
OF US AND THE AFFILIATED
PARTIES IN CONNECTION WITH
ANY CLAIM ARISING OUT OF
OR RELATING TO THE SITE
AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED
HEREIN OR HEREBY SHALL NOT
EXCEED $100 AND THAT AMOUNT
SHALL BE IN LIEU OF ALL
OTHER REMEDIES WHICH YOU
MAY HAVE AGAINST US AND
ANY AFFILIATED PARTY.
19. Use of Information.
We reserve the right, and
you authorize us, to the
use and assignment of all
information regarding Site
uses by you and all information
provided by you in any manner
consistent with our Privacy
Policy. All remarks, suggestions,
ideas, graphics, or other
information communicated
by you to us (collectively,
a "Submission")
will forever be our property.
We will not be required
to treat any Submission
as confidential, and will
not be liable for any ideas
(including without limitation,
product, service or advertising
ideas) and will not incur
any liability as a result
of any similarities that
may appear in our future
products, services or operations.
Without limitation, we will
have exclusive ownership
of all present and future
existing rights to the Submission
of every kind and nature
everywhere. We will be entitled
to use the Submission for
any commercial or other
purpose whatsoever, without
compensation to you or any
other person sending the
Submission. You acknowledge
that you are responsible
for whatever material you
submit, and you, not us,
have full responsibility
for the message, including
its legality, reliability,
appropriateness, originality,
and copyright.
20. Third-Party
Services.
We may allow access to or
advertise certain third-party
product or service providers
("Merchants" and
“Affiliates”)
from which you may purchase
certain goods or services.
You understand that we do
not operate or control the
products or services offered
by Merchants. Merchants
are responsible for all
aspects of order processing,
fulfillment, billing and
customer service. We are
not a party to the transactions
entered into between you
and Merchants. You agree
that use of or purchase
from such Merchants is AT
YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY
US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES
OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE
WE LIABLE FOR ANY DAMAGES
ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING
ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR
SITE.
We may use third party salespeople
(“Affiliates”)
to help promote the service.
You understand that the
Affiliates relationship
does not create a partnership,
joint venture, agency or
employment relationship.
The Affiliate is not authorized
to make any representation,
contract or commitment on
behalf of the company.
21. Third-Party
Merchant Policies.
All rules, policies (including
privacy policies) and operating
procedures of Merchants
will apply to you while
on any Merchant sites. We
are not responsible for
information provided by
you to Merchants. We and
the Merchants are independent
contractors and neither
party has authority to make
any representations or commitments
on behalf of the other.
22. Privacy Policy.
Our Privacy Policy, as it
may change from time to
time, is a part of this
Agreement. You must review
this Privacy Policy by clicking
on this link.
23. Payments.
You represent and warrant
that if you are purchasing
something from us or from
Merchants that (i) any credit
information you supply is
true and complete, (ii)
charges incurred by you
will be honored by your
credit card company, and
(iii) you will pay the charges
incurred by you at the posted
prices, including any applicable
taxes.
24. Securities Laws.
The Site may include statements
concerning our operations,
prospects, strategies, financial
condition, future economic
performance and demand for
our products or services,
as well as our intentions,
plans and objectives (particularly
with respect to product
and service offerings),
that are forward-looking
statements. These statements
are based upon a number
of assumptions and estimates
which are subject to significant
uncertainties, many of which
are beyond our control.
When used on our Site, words
like "anticipates,"
"expects," "believes,"
"estimates," "seeks,"
"plans," "intends,"
"will" and similar
expressions are intended
to identify forward-looking
statements designed to fall
within securities law safe
harbors for forward-looking
statements. The Site and
the information contained
herein does not constitute
an offer or a solicitation
of an offer for sale of
any securities. None of
the information contained
herein is intended to be,
and shall not be deemed
to be, incorporated into
any of our securities-related
filings or documents.
25. Links to other
Web Sites.
The Site contains links
to other Web sites. We are
not responsible for the
content, accuracy or opinions
express in such Web sites,
and such Web sites are not
investigated, monitored
or checked for accuracy
or completeness by us. Inclusion
of any linked Web site on
our Site does not imply
approval or endorsement
of the linked Web site by
us. If you decide to leave
our Site and access these
third-party sites, you do
so at your own risk.
26. Copyrights and
Copyright Agents.
We respect the intellectual
property of others, and
we ask you to do the same.
If you believe that your
work has been copied in
a way that constitutes copyright
infringement, please provide
our Copyright Agent the
following information:
a. An electronic or physical
signature of the person
authorized to act on behalf
of the owner of the copyright
interest;
b. A description of the
copyrighted work that you
claim has been infringed;
c. A description of where
the material that you claim
is infringing is located
on the Site;
d. Your address, telephone
number, and email address;
e. 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
f. 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
can be reached by directing
an e-mail to the Copyright
Agent at customerservice@SpamSafeSites.com
27. Information
and Press Releases.
The Site contains information
and press releases about
us. We disclaim any duty
or obligation to update
this information or any
press releases. Information
about companies other than
ours contained in the press
release or otherwise, should
not be relied upon as being
provided or endorsed by
us.
28. Legal Compliance.
You agree to comply with
all applicable domestic
and international laws,
statutes, ordinances and
regulations regarding your
use of the Site and the
Content and Materials provided
therein.
29. Refund and Return
Policy.
To the extent that you purchase
any goods or services directly
from us, we will refund
you your purchase price
within 30 days of you notifying
us in writing of your desire
for the refund, together
with the reason for the
request, with the product
or service returned to us
in substantially the same
condition as when purchased.
Please note , however, that
certain products and services
mentioned on our site are
sold by third parties or
are linked to third party
Web sites, and we have no
responsibility or liability
for those products or services.
You may request a refund
by contacting us by email
at customerservice@SpamSafeSites.com.
You may obtain any additional
information concerning our
refund and return policy,
including our mailing address,
by contacting us at customerservice@SpamSafeSites.com.
30. Miscellaneous.
This Agreement shall be
treated as though it were
executed and performed in
San Francisco, California,
and shall be governed by
and construed in accordance
with the laws of the State
of California (without regard
to conflict of law principles).
Any cause of action by you
with respect to the Site
(and/or any information,
Documents, products or services
related thereto) must be
instituted within one (1)
year after the cause of
action arose or be forever
waived and barred. All actions
shall be subject to the
limitations set forth in
Section 16 and Section 17.
The language in this Agreement
shall be interpreted as
to its fair meaning and
not strictly for or against
any party. This Agreement
and all incorporated agreements
and your information may
be automatically assigned
by us in our sole discretion
to a third party in the
event of an acquisition,
sale or merger. Should any
part of this Agreement be
held invalid or unenforceable,
that portion shall be construed
consistent with applicable
law and the remaining portions
shall remain in full force
and effect. To the extent
that anything in or associated
with the Site is in conflict
or inconsistent with this
Agreement, this Agreement
shall take precedence. Our
failure to enforce any provision
of this Agreement shall
not be deemed a waiver of
such provision nor of the
right to enforce such provision.
Our rights under this Agreement
shall survive any termination
of this Agreement.
31. Arbitration.
Any legal controversy or
legal claim arising out
of or relating to this Agreement
or our services, excluding
legal action taken by us
to collect or recover damages
for, or obtain any injunction
relating to, Site operations,
intellectual property, and
our services, shall be settled
solely by binding arbitration
in accordance with the commercial
arbitration rules of JAMS.
Any such controversy or
claim shall be arbitrated
on an individual basis,
and shall not be consolidated
in any arbitration with
any claim or controversy
of any other party. The
arbitration shall be conducted
in San Francisco, California
or other mutually agreed
location, and judgment on
the arbitration award may
be entered into any court
having jurisdiction thereof.
Either you or us may seek
any interim or preliminary
relief from a court of competent
jurisdiction in San Francisco,
California, (or other mutually
agreed location) necessary
to protect the rights or
property of you and us pending
the completion of arbitration.
Each party shall bear one-half
of the arbitration fees
and costs incurred through
JAMS.
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