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END-USER
SERVICES AGREEMENT
LEGAL DISCLAIMER OF WARRANTIES
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This End-User Services Agreement ("Agreement")
is an
agreement between you, an individual or an individual
acting on behalf of your employer,
DISCLAIMER OF
WARRANTIES
(a) USER EXPRESSLY AGREES
THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. THE
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS.
(b) COMPANY AND ITS THIRD PARTY
SERVICE PROVIDERS EXPRESSLY DISCLAIM 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.
(c) COMPANY AND ITS THIRD
PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE
SERVICES WILL MEET USER'S REQUIREMENTS OR THAT THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES COMPANY OR ITS THIRD PARTY SERVICE
PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED.
(d) USER UNDERSTANDS AND
AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR
FROM THE SERVICES IS OBTAINED AT USER'S OWN DISCRETION
AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR
DATA.
(e) COMPANY AND ITS THIRD PARTY
SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE
SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE
SERVICES.
(f) NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COMPANY
OR ITS THIRD PARTY SERVICE PROVIDERS, OR THROUGH OR FROM
THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
(g) SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME
USERS.
LIMITATION OF
LIABILITY
(a) USER AGREES THAT
COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICES, OR FOR COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR
OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S
TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER
INTANGIBLES, EVEN IF COMPANY OR ITS THIRD PARTY SERVICE
PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
(b) USER FURTHER AGREES THAT
COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT
BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT
NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH
INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED
OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR
ADVERTENT.
(c) User acknowledges that
Pursuant to Section 512 of the Digital Millennium
Copyright Act, Company has a policy providing for
termination of Services to account holders who are
repeat offenders. However, USER ACKNOWLEDGES AND AGREES
THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY
DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT
LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT
OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH
UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY
REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED
IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT
ACT.
(d) IN NO EVENT SHALL COMPANY BE
LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS
AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF
$50.
(e) SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO SOME
USERS.
(h) Company may place limits on mail
a user can send in a given period of time in order to
protect the health of the company's network. These
limitations may be different by the account type user
has ordered.
AMENDMENT
Company may modify this
Agreement at any time, and such modifications shall be
effective immediately upon posting or other method of
notification to User, which notice may be provided on
the Web pages through which User accesses or uses the
Services. User's continued access or use of the Services
shall be deemed to be User's conclusive acceptance of
the modified Agreement.
GENERAL
Company's third party service
providers are intended beneficiaries of this Agreement.
This Agreement and the relationship between User and
Company shall be governed by the laws of the State of
Nevada without regard to its conflict of law provisions.
User and Company agree to submit to the personal and
exclusive jurisdiction of the courts located within the
state of Nevada. The failure of Company and its third
party service providers to exercise or enforce any right
or provision of this Agreement shall not constitute a
waiver of such right or provision. If any provision of
this Agreement 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 rule that the other provisions of this Agreement
remain in full force and effect. User agrees that
regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to
use of the Services or this Agreement must be filed
within one (1) year after such claim or cause of action
arose or be forever barred.
Exhibit
A
This
agreement is subject to change without further
notice.