ACCEPTANCE OF TERMS THROUGH USE
By using this site, you ("User") signify your
agreement to these terms and conditions. If you do not agree
to this Agreement please do not use this site.
Please check this Agreement periodically for
changes as the owner of this site Cyber Samurai Marketing,
Inc. reserves the right to revise this Agreement and your
continued use of this site following the posting of any
changes to the Agreement constitutes acceptance of such
changes. The Company reserves the right to terminate a User's
use of this site at any time without notice and may do so
for any breach of this Agreement or the instructions on
this site by User. This Agreement applies to licensors and
advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT
AND USE THIS SITE
This Agreement must be completed, understood
and agreed to by a person over 18. If a parent or guardian
wishes to permit a person under 18, and under his or her
supervision, to use this site, he or she should email the
Company with his or her explicit permission and acceptance
of full legal responsibility for the minor to do so. If
you are not yet 18, if you are easily offended, or are accessing
this site from any country where material on this site is
prohibited or illegal, please leave now as you do not have
permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the
Company hereby grants you a non-exclusive, non-transferable
limited license to use this site in strict accordance with
the terms and conditions in this Agreement and as permitted
via instructions on this site. You agree not to make any
false or fraudulent statements in your use of or to gain
access to this site. You acknowledge and agree that all
content and services available on this site are property
of the Company and its advertisers and licensors and are
protected by copyrights, moral rights, trademarks, service
marks, patents, trade secrets, and other proprietary rights
and laws, in the U.S. and internationally. All rights not
expressly granted herein are fully reserved by the Company,
its advertisers and licensors.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through
this site, you agree not to save, download, cut and paste,
sell, license, rent, lease, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt,
edit, or create derivative works from materials, code or
content on or from this site. Systematic retrieval of data
or other content from this site to create or compile, directly
or indirectly, a collection, compilation, database or directory
without written permission from the Company is prohibited.
In addition, use of the content or materials for any purpose
not expressly permitted in this Agreement is prohibited.
Security
You agree that if you are issued a Username
and Password by the Company, you shall use your best efforts
to prevent access to this site through your Username and
Password by anyone other than yourself, including but not
limited to, keeping such information strictly confidential,
notifying the Company immediately if you discover loss or
access to such information by another party not under your
control and supervision, and by using a Username and Password
not easily guessed by a third party.
You agree that you shall not try to reverse
engineer, reverse assemble, reverse compile, decompile,
disassemble, translate or otherwise alter any executable
code, contents or materials on or received via this site.
You understand that such actions are likely to subject you
to serious civil and criminal legal penalties and that the
Company shall pursue such penalties to the full extent of
the law to protect its rights and the rights of its other
licensors.
International Users
Accessing this site, and services, products
or contents available on this site, except as expressly
allowed through instructions and truthful statements by
the User in regard to use of this site, from places outside
the U.S. or where their contents are illegal, is prohibited.
Those who choose to access this site from other locations
do so knowingly on their own initiative and voluntarily
at their own risk and are responsible for compliance with
local laws. None of the information on this site may be
downloaded, exported or reexported into Iran, Iraq, Syria,
Libya, Sudan, Cuba, North Korea, Yugoslav Republic (Serbia
and Montenegro), Rwanda, Nigeria or any other country with
restrictions imposed by the U.S. Government. By using this
site, you agree that you are not a citizen of or a resident
in any of these countries.
Export
You agree that you shall comply with all applicable
export and import control laws and regulations in your use
of this site, or materials or services received through
this site, and, in particular, you shall not export or re-export
anything on or received through this site in violation of
local or foreign export laws and/or without all required
U.S. and foreign government licenses.
Government Use.
If you are a branch or agency of the U.S.
Government, the following provision applies. This site,
code, contents, services and accompanying documentation
are comprised of "commercial computer software" and "commercial
computer software documentation" as such terms are used
in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the
Government (i) for acquisition by or on behalf of civilian
agencies, consistent with the policy set forth in 48 C.F.R.
12.212; or (ii) for acquisition by or on behalf of units
of the Department of Defense, consistent with the policies
set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3
(JUN 1995). Unpublished rights reserved under the copyright
laws of the United States.
USER'S LICENSE GRANT TO SITE
Except with regard to personal information,
all information which you post on this site or communicate
to the Company through this site (collectively "Submissions")
shall forever be the property of the Company. You agree
to the Site Submission Rules found below as part of this
Agreement if provided on the site by the Company. The Company
shall not treat any submission as confidential and shall
not incur any liability as a result of any similarities
that may appear in future Company services or products.
Without limitation, the Company shall have exclusive ownership
of all present and future existing rights to any Submission
of every kind and nature everywhere. You acknowledge that
you are fully responsible for the message, including its
legality, reliability, appropriateness, originality and
copyright. You hereby represent and warrant that your Submission
does not infringe the rights of any third party.
TRADEMARKS
The Company's, licensors' or other third party
materials, services or products referenced on this site
are common law or registered trade marks or service marks
of such parties.
THIRD PARTY SITES
You may be transferred to online merchants
or other third party sites through links or frames from
this site. You are cautioned to read such sites' Terms and
Conditions and/or Privacy Policies before using such sites
in order to be aware of the terms and conditions of your
use of such sites. These sites may contain information or
material that is illegal, unreasonable or that some people
may find inappropriate or offensive. These other sites are
not under the control of the Company, are not monitored
or reviewed by the Company, and the Company is not aware
of the contents of such sites. You acknowledge that the
Company is not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the contents or
any transmissions received through such sites. The inclusion
of such a link or frame does not imply endorsement of this
site by the Company, its advertisers or licensors, any association
with its operators and is provided solely for your convenience.
You agree that the Company and its licensors have no liability
whatsoever from such third party sites and your usage of
them.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS
MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE
SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED
THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES
WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR
RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY,
AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE
CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE
ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION
RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.
USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS
OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO
THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR
INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON
OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR
PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF
THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS
AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS
SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW
OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless
the Company, its advertisers, licensors, subsidiaries and
other affiliated companies, and their employees, contractors,
officers, agents and directors from all liabilities, claims,
and expenses, including attorney's fees, that arise from
your use of this site, or any services, information or products
from this site, or any violation of this Agreement. The
Company reserves the right, at it own expense, to assume
the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you shall
cooperate with the Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement
or User's use immediately upon receipt of any notice which
alleges that User has used this site for any purpose that
violates any local, state, federal or law of other nations,
including but not limited to the posting of information
that may violate third party rights, that may defame a third
party, that may be obscene or pornographic, that may harass
or assault others, that may violate hacking or other criminal
regulations, etc. of its agents, officers, directors, contractors
or employees. In such event, Company may disclose the User's
identity and contact information, if requested by a government
or law enforcement body or as a result of a subpoena or
other legal action, and Company shall not be liable for
damages or results thereof and User agrees not to bring
any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites)
is controlled by the Company from its offices within the
State of Indiana, U.S. of America. It can be access from
all 50 states as well as from other countries around the
world to the extent permitted by site. As each of these
places has laws that may differ from Indiana, by accessing
this site, both you and the Company agree that the statues
and laws of Indiana shall apply to any actions or claims
arising out of or in relation to this Agreement or your
use of this site, without regard to conflicts of laws principles
thereof. You and the Company also agree and hereby submit
to the filing of any claim only in the exclusive personal
jurisdiction and venue of Indiana and any legal proceedings
shall be conducted in English. The Company makes no representation
that materials on this site are appropriate or available
for use in other locations, and accessing them from territories
where their contents are illegal is prohibited. This Agreement
shall not be governed by the United Nations Convention on
Contracts for the Sale of Goods.
CLAIMS OR REPRESENTATIONS
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS
PRODUCT AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS
ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS
OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY
MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS.
EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS
A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS
ENTIRELYDEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS
AND TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL
RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS
IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS
ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES
MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS.
SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE
CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE
RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION
THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS
WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT
OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS
OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS
BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL
OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,”
“EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER
WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A
DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF
OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF
EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING
YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU
WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN
FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS
FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
MISCELLANEOUS
This Agreement incorporates by reference the
Site Submission Rules if this site allows posting and posts
such Rules. This Agreement constitutes the entire agreement
between the parties related to the subject matter thereof,
supersedes any prior or contemporaneous (oral, written or
electronic) agreement between the parties and shall not
be changed except by written agreement signed by an officer
of the Company. If any provision of this Agreement is prohibited
by law or held to be unenforceable, the remaining provisions
hereof shall not be affected, and this Agreement as much
as possible under applicable law shall continue in full
force and effect as if such unenforceable provision had
never constituted a part hereof and the unenforceable provision
shall be automatically amended so as to best accomplish
the objectives of such unenforceable provision within the
limits of applicable law. User shall not assign or transfer
this Agreement and any such transfer shall be void.
Site Submission Rules
By using features of this site
that allow you to post or otherwise transmit information
to or through this site, or which may be seen by other users,
you agree that you shall not upload, post, or otherwise
distribute or facilitate distribution of any content --
including text, communications, video, software, im, sounds,
data, or other information -- that:
" is unlawful, threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of
another's privacy, tortious, obscene, sexually explicit
or graphic, or otherwise in violation of this site's rules
or policies;
" victimizes, harasses, degrades, or intimidates an individual
or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability;
" infringes any patent, trade mark, service mark, trade
secret, copyright, moral right, right of publicity, privacy
or other proprietary right of any party;
" constitutes unauthorized or unsolicited advertising, junk
or bulk e-mail (also known as "spamming"), chain letters,
any other form of unauthorized solicitation, or any form
of lottery or gambling;
" contains software viruses or any other computer code,
files, or programs that are designed or intended to disrupt,
damage, or limit the functioning of any software, hardware,
or telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of any third party;
or
" impersonates any person or entity, including any employee
or representative of this site, its licensors or advertisers.
You also agree that you shall not harvest
or collect information about the users of this site or use
such information for the purpose of transmitting or facilitating
transmission of unsolicited bulk electronic e-mail or communications
for any other commercial purpose of your own or a third
party.
You further agree that you shall not solicit
or collect information, or attempt to induce any physical
contact with, anyone 18 years old or younger without appropriate
prior verifiable express parental consent.
This site generally does not pre-screen, monitor,
or edit the content posted by users of this site. However,
this site and its agents have the right, at their sole discretion,
to remove any content that, in this site's sole judgment,
does not comply with the Site Submission Rules or is otherwise
harmful, objectionable, or inaccurate. This site is not
liable for any failure, delay, damages or results, in removing
such content.
You agree that your use of this site may be
suspended or terminated immediately upon receipt of any
notice which alleges that you have used this site in violation
of these Rules and/or for any purpose that violates any
local, state, federal or law of other nations, including
but not limited to the posting of information that may violate
third party rights, that may defame a third party, that
may be obscene or pornographic, that may harass or assault
others, that may violate hacking or other criminal regulations,
etc. of its agents, officers, directors, contractors or
employees. In such event, you agree that the owner of this
site may disclose your identity and contact information,
if requested by a government or law enforcement body or
as a result of a subpoena or other legal action, and the
owner of this site shall not be liable for damages or results
thereof, and you agree not to bring any action or claim
against the owner of this site for such disclosure.
This site reserves the right to revise these
Site Submission Rules at its discretion, so check back from
time to time to be sure you are complying with the current
version.
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