USER AGREEMENT
("Agreement")
ACCEPTANCE OF TERMS THROUGH USEBy
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 CareFree Website Solutions, 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 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 Georgia, U.S. of
America. It can be accessed 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 Georgia, by accessing this site, both you and the Company agree that the statues and
laws of Georgia 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 Georgia 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,
images, 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. |