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Terms of Service
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
Distinguish Marketing, LLC. 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
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
. 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. 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. 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. 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.
-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; 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. 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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