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Your use
of this website (herein referred to as the "Site") constitutes
your agreement to and acceptance of the following:
Information
on this site is not a substitute for professional medical or
legal advice. Some of the postings may be reliable and but others
may be from kooks, out of date, or just plain wrong. Don't use
it to diagnose or treat any condition or disease or as the basis
for any legal decision. Instead you should always see your doctor
or lawyer.
We do not
represent, endorse, or warrant (a) the quality of any Products
or services 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, or (b) the accuracy or reliability
of any Content contained on, distributed through, or linked
from or to, downloaded from, or accessed from this Site.
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.
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
"SITE" and "Site" shall mean this website.
You hereby
acknowledge that any reliance upon any Content shall be at your
sole risk.
We reserve
the right, in our sole discretion and without any obligation
to you or anyone else, to make improvements to, or correct any
error or omissions in any portion of the Site or the Content.
THE SITE
AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS, AND WE EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, OR ANY CONTENT
OR ANY PRODUCTS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF
ANY KIND WHATSOEVER WITH RESPECT TO THE SITE, THE CONTENT AND
THE PRODUCTS.
We encourage
you to exercise care and judgment while using the Internet and
this Site. This Site may refer you to other sites containing
information that may be false, inaccurate, incorrect, indecent,
inappropriate, misleading, objectionable or offensive. We make
no representations concerning any attempt to review (a) the
content of any sites to which we may refer you, to, or (b) the
Content of this Site. We aren't responsible for the accuracy,
copyright compliance, legality or decency of any sites to which
this Site may refer you.
We believe
in respecting the intellectual property of others and expect
the same of our users.
If you you
believe that any part of this Site infringes any of your rights,
please follow the instructions on our Copyrights and Copyright
Agent page. See the "Legal"
link at the bottom of this page.
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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, Answer 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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