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In order
to complete your order with this website, you
must accept and agree to these terms of service.
1. Use of Information.
You acknowledge and agree that the information
that you will receive from this website or to
which you will be provided access, whether through
this website (or any affiliated website) or
directly, is intended solely for your entertainment
purposes, and that the information may not be
used except as specifically authorized by this
website in writing. Specifically, you
represent and warrant that:
a. You will not use the information
that you will receive from this web site (regardless
of whether you receive such information directly,
from this website or from any affiliated website)
to make any investment or other financial decisions,
regardless of whether such decisions relating
to investing in this website.
b. You will not reproduce,
republish, rebroadcast, retransmit, recast or
in any way distribute the information that you
will receive from this website (regardless of
whether you receive such information directly,
from this website or from any affiliated website)
anywhere, including without limitation on the
Internet (e.g., on other websites, blogs, newsgroups,
chat rooms, discussion forums, message boards
and social media services such as Twitter, Facebook
and MySpace), via instant or text messaging
services (whether Internet- or phone-based),
in podcasts, or in any other printed or electronic
form, including without limitation radio and
television;
c. You will not provide or
otherwise convey the information that you will
receive from this website (regardless of whether
you receive such information directly, from
this website or from any affiliated web site)
to any third parties; and
d. You will not attempt to
reverse engineer, disassemble or decompile this
website (or any affiliate website), nor will
you create any derivative works based upon this
website (or any affiliated website).
You also represent and warrant that you will
not use information received from this website
for any unlawful purpose, including without
limitation any direct or indirect violation
of any municipal, local, state, federal or international
law. You acknowledge and agree that but
for these various representations, this website
would not provide you with access to information.
2. Subscriptions. You
acknowledge and agree that payments made for
any subscription access to this website (and
any affiliated websites) shall be deemed earned
in full once you access the subscription-only
area of this web site (or any affiliate websites).
You further acknowledge and agree that you shall
not be entitled to any refund in the event your
subscription is terminated, regardless of the
reason for termination. You acknowledge
and agree that all sales are final, and that
there shall be no refunds and no exchanges.
3. Account Security. As a user
of this website (and any affiliated websites),
you may receive or establish an account (“Account”).
You acknowledge and agree that you are solely
responsible for maintaining the confidentiality
and security of your Account, and that you are
not permitted to let anyone else use your Account.
You further acknowledge that you will not reveal
your Account information to anyone else or use
anyone else’s Account. You also agree
to immediately notify this website of any unauthorized
use of your Account or any other breach of security.
4. Ownership of Intellectual Property.
You acknowledge and agree that this website
is and shall remain the owner of all rights,
title and interest in and to this website (and
all affiliated websites) and its content, including
without limitation all designs, copyrightable
material (regardless of whether such material
is copyrightable under the United States Copyright
Act, the Berne Union for the Protection of Literary
and Artistic Property, the Universal Copyright
Convention, and/or any of the laws of any other
nation), patentable material (regardless of
whether such material is patentable under the
laws of the United States and/or any other nation),
trademarks and trade dress, droit moral, and
confidential and trade secret information (collectively,
the “Intellectual Property Rights”), including
without limitation all derivatives, improvements,
modifications and enhancements thereto, and
all Intellectual Property Rights associated
therewith. You also acknowledge that all
of the personalities (including their names
and biographies) depicted on this website (and
any affiliated websites) were created and are
owned by this website.
5. Confidentiality. You
acknowledge that all of the information you
will receive from this website, whether through
this website (or any affiliated website) or
directly, is confidential and constitutes trade
secrets (the “Trade Secrets”). At all times
during your use of this website (or any affiliated
website), you shall maintain the confidentiality
of the Trade Secrets, shall hold the Trade Secrets
in strict confidence, and shall not disclose
the Trade Secrets to any third party, nor use
for any purpose other than as expressly permitted
by this website. The obligation to maintain
confidentiality shall continue for so long as
this website treats the relevant information
as being confidential and/or a trade secret.
6. Trademarks. You acknowledge
that the various trademarks appearing on this
website (and on any affiliated websites) are
the property of their respective owners, and
nothing herein shall be deemed a license or
other grant of rights to use such trademarks.
7. Reservation of Rights.
Nothing herein shall in any way constituted
or be deemed a sale or assignment of rights
in, or transfer of ownership from this website
to you, of any right, title and interest in
and to the copyrights, patents, trade secrets,
trademarks and other rights associated with
this web site (and any affiliated websites).
All Intellectual Property Rights associated
with this website (and any affiliated websites)
shall remain this website’s exclusive property.
To the extent that your access to the information
on this website (or any affiliate websites)
is deemed to give rise to an implied license,
such license is expressly limited to your personal
use of the information consistent with the various
restrictions contained herein.
8. Additional Representations, Warranties
and Acknowledgements. You represent
and warrant that you are twenty-one (21) years
of age or older. You also acknowledge
that the names of the various authors and writers
who create content for this website may have
been changed to protect their privacy.
9. LIMITATIONS OF REMEDIES AND LIABILITY.
EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED
HEREIN, THIS WEB SITE DOES NOT AND CANNOT WARRANT
THE PERFORMANCE OR RESULT YOU MAY OBTAIN USING
THIS WEB SITE (OR ANY AFFILIATED WEB SITES)
AND ANY INFORMATION THAT YOU MAY RECEIVE FROM
THIS WEB SITE (WHETHER DIRECTLY, FROM THIS WEB
SITE OR FROM ANY AFFILIATED WEB SITE).
YOUR ACCESS TO AND USE OF THE INFORMATION ON
THIS WEB SITE (OR ANY AFFILIATE WEB SITES) IS
PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTIABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE. YOU
ASSUME THE ENTIRE LIABILITY FOR YOUR USE OF
THIS WEB SITE (AND ANY AFFILIATED WEB SITES)
AND ANY INFORMATION CONTAINED THEREIN, AND THIS
WEB SITE SHALL HAVE NO LIABILITY FOR ANY ERRORS,
MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING
FROM OR RELATED TO THE USE OF THIS WEB SITE
(OR ANY AFFILIATED WEB SITES). THIS WEB
SITE SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTIAL,
SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES,
INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR
LOSS OF DATA, EVEN IF THIS WEB SITE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY OTHER PARTY.
10. Difficulty Ascertaining Damages.
You acknowledge and agree that your breach of
any of the restrictions relating to the information
you may receive from this website (regardless
of whether you receive such information directly,
from this website or from any affiliated website)
is likely to cause this web site irreparable
harm, and that the harm caused may not be readily
ascertainable (particularly in circumstances
where you have republished or disseminated information
in violation of the restrictions contained herein).
You further acknowledge and agree that if the
harm caused by your breach of the restrictions
contained herein is incapable of being ascertained
with certainty, then in any court action relating
to such breach, this website will be entitled
to recover an award of damages of not less than
$5,000.00 per instance of disclosure, publication
or dissemination of information in violation
of these terms of service.
11. Indemnification.
You agree to defend, indemnify and hold harmless
this website, its officers, directors, employees,
representatives, agents, subsidiaries, affiliates
and customers against any claim (including attorney’s
fees and court costs) relating in any way to
any claim relating to your use of the this website
(or any affiliate website), including without
limitation, any claim relating to your use of
information obtained from this website.
12. Termination. You
may terminate your subscription at any time
prior to its expiration by providing this website’s
customer service with notice of your intention
to terminate your subscription. However,
you acknowledge and agree, consistent with the
provisions of Section 2 above, that early termination
of your subscription shall not entitle you to
a refund. This website shall have the
right to terminate your subscription immediately
and without prior notice in the event of a breach
of any of these terms of service, and this website
shall be entitled to retain the balance of any
paid subscription.
13. Survival. You acknowledge
and agree that the restrictions, limitations
and remedies contained in Sections 1, 4, 5,
6, 9 and 10 shall survive termination of these
terms of service and/or your relationship with
this website.
You represent that you have read and understood
these terms of service, and that you agree to
be bound by these terms of service
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