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THE FOLLOWING DESCRIBES THE TERMS ON WHICH YOU
ARE OFFERED ACCESS TO THIS SITE.
BY USING THE SITE, YOU ACCEPT THESE TERMS AND
CONDITIONS.
1. DEFINITIONS
The terms "SITE" and "Site" shall mean this
website.
The terms "Content" and "CONTENT" shall mean any advertisements,
content, postings, data or other information including without
limitation any all all types and forms of
information, data, audio, images, graphics, messages, music, photographs,
sound, software, text, video,
The terms "WE", "We", "we", "US",
"Us", and "us" mean all owners and proprietors
of this Site as well as all owners, subsidiaries, parents, affiliates,
co-branders or other "partners", officers, shareholders,
employees, directors, agents, representatives, and attorneys thereof.
The terms "PRODUCT", "Product", "PRODUCTS",
AND "Products" shall mean any tangible or intangible
goods, services or products that are displayed, advertised or
promoted on or in the Site or which are purchased or obtained
by you as a result of any advertisement or other information or
offer on, in or in connection with this Site.
2. TERMS OF SERVICE
We provide this service to you, subject to these Terms of Use
("TOU"), which may be updated by us from time to time without
notice to you. In addition, when using particular services on
this Site, you shall be subject to any posted guidelines or rules
applicable to such services which may be posted from time to time.
All such guidelines or rules are hereby incorporated by reference
into the TOU.
3. THE SERVICE
You agree that any new features that augment or enhance the current
Site, shall be subject to the TOU, are provided "AS-IS", and that
we assume no responsibility for any deletion, lack of timeliness,
misdelivery, or failure to store any user communications or other
Content.
4. CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
(herein referred to as "Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person
from which such Content originated. This means that you, and not
us, are entirely responsible for all Content that you upload,
post, e-mail, transmit or otherwise make available by or through
the Site.
We do not control the Content and, therefore do not guarantee
its accuracy, integrity or quality.
By using the Site you agree (a) you may can be exposed to Content
that is false, inaccurate, incorrect, indecent, inappropriate,
misleading, objectionable or offensive, and (b) under no circumstances
will we be liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made
available via the Site.
You agree to not use the Site to:
- disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Site are able to type, or otherwise
act in a manner that negatively affects other users' ability
to engage in real time exchanges on the Site; or
- harm minors in any way; or
- interfere with or disrupt the Site or servers or networks
connected to the Site, or disobey any requirements, procedures,
policies or regulations of networks connected to the Site; or
- impersonate any person or entity, or otherwise misrepresent
your affiliation with a person or entity; or
- forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the
Site; or
- "stalk" or otherwise harass another; or
- store or collect personal data about other users; or
- upload, post, e-mail, transmit or otherwise make available
any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party; or
- upload, post, e-mail, transmit or otherwise make available
any Content that is abusive, defamatory, ethnically or otherwise
objectionable, harmful, harassing, hateful, invasive of another's
privacy, libelous, obscene, racially offensive, threatening,
tortuous, unlawful, vulgar or otherwise objectionable; or
- upload, post, e-mail, transmit or otherwise make available
any Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under nondisclosure agreements); or
- upload, post, e-mail, transmit or otherwise make available
any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer or telecommunications equipment;
or
- upload, post, e-mail, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or
any other form of solicitation, except in those areas that are
designated for such purpose; or
- violate (intentionally or unintentionally) any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law; or
You acknowledge that we do not prescreen Content, but that we
and our designees shall have the right (but not the obligation)
in their sole discretion to refuse, move or remove any Content
that is available on or through the Site for any reason or no
reason. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by us
or submitted to this Site.
You acknowledge and agree that we may preserve Content and may
also disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOU;
(c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal
safety of us, our users or the public.
You understand that the technical processing and transmission
of the Site, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
5. RIGHT TO TERMINATE USE
We retain the unfettered and unrestricted right to terminate
or suspend your right to use this Site or any portion thereof
at any time and for any reason or no reason, with or without notice.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
In the event that we provide you with a password or account designation
for any service or access to any portion of the Site, you are
responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately
notify us of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. Yahoo cannot and
will not be liable for any loss or damage arising from your failure
to comply with these obligations.
7. INTERNATIONAL MATTERS
Acknowledging the international nature of the Internet, you agree
to comply with all local laws and rules regarding your conduct
and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data
exported to and from the United States or the country in which
you reside.
8. CONTENT SUBMITTED TO THE SITE
We claim no ownership of any Content you submit or make available
for inclusion on the Site, however with respect to such Content,
you grant us the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content
(in whole or in part) and to incorporate such Content into other
works in any format or medium now known or later developed.
9. INDEMNITY
You agree to indemnify and hold us harmless from any claim or
demand, including reasonable attorneys' fees and we may incur
or be obligated to pay, made by any third party due to or arising
out of: (a) any Content you submit, post, transmit or make available
through the Site, (b) your use of the Site, (c) your connection
to the Site, (e) your violation of the TOU, or (f) your violation
of any rights of another.
10. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers vendors or providers found on or
through the Site, including payment and delivery of related Products
or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser, vendor or provider. You agree that we shall not be
responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence
of such advertisers vendors or providers on the Site and agree
to hold us harmless from any liability arising from such dealings.
You are responsible for paying all applicable taxes, if any,
arising out of your us of the Site including without limitation,
all sales taxes, use taxes, personal property taxes, customs duties,
customs fees, tariffs and other similar governmental charges which
arise in any way from your use of or access to the Site. Should
we be required by any governmental authority to pay any such charges,
you shall reimburse us for any such payments.
11. LINKS
The Site may provide, or third parties may provide, links to
other Internet sites or resources. Because we have no control
over such sites and resources, you acknowledge and agree that
we (a) are not responsible for the availability of such sites
or resources, (b) do not endorse such sites or resources, and
(c) are not responsible or liable for any Content, advertising,
Products, services or other materials on or available from or
through such sites or resources. You further acknowledge and agree
that we shall not be responsible or liable, 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, advertising,
Products, services or other materials on or available from or
through any such site or resource.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY
DISCLAIM ALL WARRANTIES AND GUARANTIES 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.
B. We MAKE NO WARRANTY OR GUARANTEE THAT (i) THE SITE WILL MEET
YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET
YOUR EXPECTATIONS OR NEEDS, OR (V) ANY ERRORS IN THE SITE WILL
BE CORRECTED.
C. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
CONTENT OR MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOU
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS, PRODUCTS OR SERVICES RESULTING
FROM ANY GOODS, PRODUCTS, CONTENT, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS DATA OR OTHER CONTENT; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER
RELATING TO THE SITE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS MAY NOT APPLY TO YOU.
15. NO RESALE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Site,
use of the Site, or access to the Site.
16. GENERAL PRACTICES REGARDING USE OF THE SITE
You acknowledge that we may establish general practices and limits
concerning use of the Site, including without limitation the maximum
number of days that e-mail messages, message board postings or
other uploaded Content will be retained by the Site, the maximum
number or size of e-mail messages that may be sent from or received
by an account on the Site, the maximum disk space that will be
allotted on our servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the
Site in a given period of time. You agree that we have responsibility
or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted
by the Site. You acknowledge that we reserve the right to log
off or terminate accounts that are inactive for a periods of time.
You further acknowledge that we reserve the right to change these
general practices and limits at any time, in our sole discretion,
with or without notice.
17. MODIFICATIONS TO SITE
We reserve the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Site (or any part
thereof) with or without notice. You agree that we shall not be
liable to you or to any third party for any modification, suspension
or discontinuance of the Site.
18. TERMINATION
You agree that we, in our sole discretion, may terminate your
password, account (or any part thereof) or use of the Site, and
remove and discard any Content within the Site, for any reason
or no reason, including without limitation, for lack of use or
in the belief that you have acted or may act inconsistently with
the letter or spirit of the TOU.
We may also in our sole discretion and at any time discontinue
providing the Site, or any part thereof, with or without notice.
You agree that any termination of your access to the Site under
any provision of this TOU may be effected without prior notice,
and acknowledge and agree that we may immediately deactivate or
delete your account and all related information and files in your
account and/or bar any further access to such files or the Site.
Further, you agree that we shall not be liable to you or any third-party
for any termination of your access to the Site.
19. FINANCIAL AND SECURITIES MATTERS AND TRANSACTIONS
If you intend to create or join any service, receive or request
any news, messages, alerts or other information from the Site
concerning the purchase or sale of companies or businesses, stock
quotes, the making of investments, the receiving of investment,
or securities, please read the above Sections again.
We shall not be responsible or liable for the accuracy, usefulness
or availability of any information transmitted or made available
by or through the Site, and shall not be responsible or liable
for any trading or investment decisions made based on such information.
20. WE ARE NOT RESPONSIBLE FOR TRANSACTIONS WITH THIRD PARTIES
The Site is only a virtual location. When users advertise, obtain
information and share information, including information about
business and other opportunities. We are not involved in, or a
party to, any resulting transactions between any user or third
party.
We encourage you to use the same care you would utilize in dealing
with strangers you may meet in other venues. You hereby acknowledge
that there are risks of dealing with foreign nationals, underage
persons or people acting under false pretense. Our Site contains
(or is expected to contain) information submitted by others not
associated us. All or much of the Content that can be accessed
from the Site will not be verified by us. To the extent that we
may verify or attempt to verify information on the Site, we have
no obligation to correct such information or warn you about incorrect,
incomplete, misleading, or even fraudulent information, even if
we know, should know, or suspect that such information is in fact
incorrect, incomplete, misleading, or even fraudulent.
You irrevocably acknowledge and agree that: (a) we have no control
over the truth or accuracy of information that can be accessed
from the Site, nor any obligation to exercise any control, and
(b) that we exercise any right or have the power to delete, edit
or modify information on the Site, or to exclude, restrict or
prohibit use of the Site by specific third parties shall not establish,
create or contribute to any obligation on the part of us to do
so, even if we are informed of specific adverse consequences of
the failure to do so. For legal reasons, we are may elect to refrain
from controlling the information provided by other users of the
Site (including feedback and postings). By its very nature, other
people's information may be offensive, harmful or inaccurate,
and in some cases will be mislabeled or deceptively labeled. We
expect that you will use caution -- and common sense -- when using
the Site.
We have no control over (a) the truth or accuracy of listings,
ads or other information accessed from the Site (b) the means,
ability, rights, morals or ethics of any sellers with respect
to the sale, purchase or transfer of any real, tangible or intangible
property, (c) the means, ability, rights, morals or ethics of
any buyers with respect to the sale, purchase or transfer of any
real, tangible or intangible property, or (d) the means, ability,
rights, morals or ethics of any intermediaries or other parties
with respect to the sale, purchase or transfer of any real, tangible
or intangible property.
We encourage you to communicate directly with others (including
references which we encourage you to ask for and query) to help
you evaluate with whom you are dealing. Because we do not and
cannot be involved in user-to-user dealings, in the event that
you have a dispute with any third parties or other users of the
Site, you hereby agrees to release and hold us harmless from any
claims, costs, demands and damages (actual and consequential)
of every kind and nature, disclosed or undisclosed, known or unknown,
suspected or unsuspected, arising out of or in any way connected
with such disputes. You waive California Civil Code section 1542
(to the extent it may be applicable) as well as any other similar
rights you may have under any other statute, case law, code regulation
or other law. California Civil Code section 1542 states: "A general
release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected
his settlement with the debtor."
21. NOTICE
Notices to you may be made via either e-mail or regular mail.
The Site may also provide notices by displaying notices or links
to notices to you generally on the Site.
22. PRIVACY
Our Privacy Policy is hereby incorporated by reference into the
TOU. See above for a link to it.
23. COPYRIGHTS AND COPYRIGHT AGENTS
Our Copyrights Policy and Copyright Agent information is hereby
incorporated by reference into the TOU. See above for a link to
it.
24. MISCELLANEOUS
The TOU constitutes the entire agreement between you and us and
governs your use of the Site, superseding any prior agreements
between you and us.
You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content
or third-party software. The TOU and the relationship between
you and us shall be governed by the laws of the State of Illinois
USA without regard to its conflict of law provisions. You and
us agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Cook, Illinois, USA.
The failure of us to exercise or enforce any right or provision
of the TOU shall not constitute a waiver of such right or provision.
If any provision of the TOU is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOU remain in
full force and effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action you may have which arises out of
or is related to use of the Site or the TOU must be filed within
one (1) year after such claim or cause of action arises or such
claim or cause of action shall be forever barred.
The section titles in the TOU are for convenience only and have
no legal or contractual effect.
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