ScotConway.com
WEB SITE TERMS OF USE AGREEMENT
Welcome to ScotConway.com! (herein will be reffered as the "COMPANY"
or "we").
The goal of ScotConway.com is to inform and educate people who are
interested in learning more about internet marketing.
ScotConway.com is an online resource for news and information on a
variety of online marketing subjects.
The information that ScotConway.com provides on various websites is
for educational and entertainment purposes only.
ScotConway.com requires that all persons or entities visiting this
Website agree to the following terms and conditions. Please read our
Terms of Use Agreement (the "TOU") carefully before continuing on
with your use of this Website or becoming a Member/Customer of the
Website. The Agreement and/or Terms shall govern the use of the
Website and apply to all Internet traffic visiting the Website. If
you do not agree to any of these terms, then do not use the Website.
1. ACCEPTANCE OF TERMS AND BINDING EFFECT
THIS IS A BINDING AGREEMENT. BY USING AND/OR VISITING THIS WEBSITE
(COLLECTIVELY, INCLUDING ALL CONTENT AVAILABLE THROUGH THE
ScotConway.com any of it's DOMAIN NAMES, THE "WEBSITE"), YOU
("User," "YOU" OR "YOUR" ) SIGNIFY YOUR ASSENT TO THE TOU, THE
WEBSITE'S PRIVACY POLICY, WHICH IS PUBLISHED AT
http://scotconway.com/privacy AND THE GOODS/SERVICES YOU OBTAIN FROM
THE UTILIZATION OF WEBSITE'S SERVICES AND WHICH ARE INCORPORATED
HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY TO REVIEW THE TOU
PERIODICALLY. IF AT ANY TIME YOU FIND THE TOU AND INCORPORATED
AGREEMENTS UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND
CEASE ALL USE OF THE SERVICES AND THE WEBSITE. YOU AGREE THAT BY
USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD
AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
A. ScotConway.com reserves the right to update the TOU at any time
without notice to User.
B. The right to use any of ScotConway.com websites is personal to
User and is not transferable to any other person or entity. User is
responsible for all use of User's Account (under any screen name or
password) and for ensuring that all use of User's Account complies
fully with the provisions of this Agreement. User shall be
responsible for protecting the confidentiality of User's
password(s), if any.
C. COMPANY shall have the right at any time to change or discontinue
any aspect or feature of ScotConway.com, including, but not limited
to, content, hours of availability, and equipment needed for access
or use.
2. CHANGED TERMS
The most current version of the TOU can be reviewed by clicking on
the "Terms of Use" or "Terms of Service" hypertext link located or
published at the bottom of our Web pages. ScotConway.com shall have
the right at any time to change or modify the terms and conditions
applicable to User's use of ScotConway.com, or any part thereof, or
to impose new conditions, including, but not limited to, adding fees
and charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which
may be given by means including, but not limited to, posting on
ScotConway.com, or by electronic or conventional mail, or by any
other means by which User obtains notice thereof. Any use of
ScotConway.com by User after such notice shall be deemed to
constitute acceptance by User of such changes, modifications or
additions.
3. DESCRIPTION OF SERVICES
Through its Websites and Protected Materials, ScotConway.com
provides User with access to a variety of resources, including
download areas, software, communication forums and product
information (collectively "Services"). Protected Materials are all
materials or other intellectual property rights, or which may be
construed as proprietary information including, but not limited to,
any and all technical and non-technical information that is valuable
to ScotConway.com such as subscription programs, audio/visual
programs, coaching programs, tele-seminars, tele-coaching, flip
charts, audio/video products, books, training routines, training
processes, course material, literature, pamphlets, processes,
procedures, patents, trademarks, service marks, products,
copyrights, trade secrets, techniques, sketches, drawings, models,
invention, know-how and equipment related to current and
contemplated products and services, inventions, manufacturing,
purchasing, accounting, engineering, marketing, merchandising and
sales, to the extent necessary and as may be reasonably required
during the relationship will be considered protected material. The
Services, including any updates, enhancements, new features, and/or
the addition of any new Protected Materials, are subject to the TOU,
the privacy policy and the domain licenses.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all
telephone, computer hardware, software and other equipment needed
for access to and use of ScotConway.com and all charges related
thereto.
5. USER CONDUCT
A. User shall use ScotConway.com products or services for lawful
purposes only. User shall not post or transmit through
ScotConway.com any material which violates or infringes in any way
upon the rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law, or which, without
ScotConway.com's express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct by
User that in ScotConway.com's discretion restricts or inhibits any
other User from using or enjoying ScotConway.com will not be
permitted. User shall not use ScotConway.com to advertise or perform
any commercial solicitation, including, but not limited to, the
solicitation of users to become subscribers of other on-line
information services competitive with ScotConway.com.
B. ScotConway.com contains copyrighted material, trademarks and
other proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the entire
contents of ScotConway.com are copyrighted as a collective work
under the United States copyright laws. ScotConway.com owns a
copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to
it. User may not modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part. User may download
copyrighted material for User's personal use only. Except as
otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the
express permission of ScotConway.com and the copyright owner. In the
event of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made.
User acknowledges that it does not acquire any ownership rights by
downloading copyrighted material.
C. User shall not upload, post or otherwise make available on
ScotConway.com any material protected by copyright, trademark or
other proprietary right without the express permission of the owner
of the copyright, trademark or other proprietary right and the
burden of determining that any material is not protected by
copyright rests with User. User shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By
submitting material to any public area of ScotConway.com, User
automatically grants, or warrants that the owner of such material
has expressly granted ScotConway.com the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it in other works
in any form, media or technology now known or hereafter developed
for the full term of any copyright that may exist in such material.
User also permits any other User to access, view, store, or
reproduce the material for that User's personal use.
D. The foregoing provisions of Section 5 are for the benefit of
ScotConway.com, its subsidiaries, affiliates and its third party
content providers and licensors and each shall have the right to
assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
A. The Services may contain email services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or other message or
communication facilities designed to enable User to communicate with
others (each a "Communication Service" and collectively
"Communication Services"). User agrees to use the Communication
Services only to post, send and receive messages and material that
are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation,
User agrees that when using the Communication Services, User will
not:
" Use the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming or
any duplicative or unsolicited messages (commercial or otherwise).
" Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
" Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or unlawful
topic, name, material or information.
" Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless User own or control the rights thereto or have received all
necessary consent to do the same.
" Use any material or information, including images or photographs,
which are made available through the Services in any manner that
infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
" Upload files that contain viruses, Trojan horses, worms, time
bombs, cancelbots, corrupted files, or any other similar software or
programs that may damage the operation of another's computer or
property of another.
" Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Services specifically
allows such messages.
" Download any file posted by another user of a Communication
Service that User know, or reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed in such manner.
" Falsify or delete any copyright management information, such as
author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
" Restrict or inhibit any other user from using and enjoying the
Communication Services.
" Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
" Harvest or otherwise collect information about others, including
email addresses.
" Violate any applicable laws or regulations.
" Create a false identity for the purpose of misleading others.
" Use, download or otherwise copy, or provide (whether or not for a
fee) to a person or entity any directory of users of the Services or
other user or usage information or any portion thereof.
B. ScotConway.com has no obligation to monitor the Communication
Services. However, ScotConway.com reserves the right to review
materials posted to the Communication Services and to remove any
materials in its sole discretion. ScotConway.com reserves the right
to terminate User's access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
ScotConway.com reserves the right at all times to disclose any
information as it deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole
or in part, in ScotConway.com sole discretion.
C. Materials uploaded to the Communication Services may be subject
to posted limitations on usage, reproduction and/or dissemination;
User is responsible for adhering to such limitations if User
downloads the materials.
D. Always use caution when giving out any personally identifiable
information in any Communication Services. ScotConway.com does not
control or endorse the content, messages or information found in any
Communication Services and, therefore, ScotConway.com specifically
disclaims any liability with regard to the Communication Services
and any actions resulting from User's participation in any
Communication Services. Managers and hosts are not authorized
ScotConway.com spokespersons, and their views do not necessarily
reflect those of ScotConway.com.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must
complete the registration process by providing ScotConway.com with
current, complete and accurate information as prompted by the
applicable registration form. User also will choose a password and a
user name. User is entirely responsible for maintaining the
confidentiality of User's password and account. Furthermore, User is
entirely responsible for any and all activities that occur under
User's account. User agrees to notify ScotConway.com immediately of
any unauthorized use of User's account or any other breach of
security. ScotConway.com will not be liable for any loss that User
may incur as a result of someone else using User's password or
account, either with or without User's knowledge. However, User
could be held liable for losses incurred by ScotConway.com or
another party due to someone else using User's account or password.
User may not use anyone else's account at any time, without the
permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
A. Any software that is made available to download from the Services
("Software") is the copyrighted work of ScotConway.com and/or its
suppliers. Use of the Software is governed by the terms of the end
user license agreement, if any, which accompanies or is included
with the Software ("License Agreement"). An end user will be unable
to install any Software that is accompanied by or includes a License
Agreement, unless he or she first agrees to the License Agreement
terms.
B. The License Agreement is based upon one domain name use. Domains
need to be fully owned by the User. Users can buy as many licenses
as they need for as many domains that the User owns.
C. The Software is made available for download solely for use or
personal use by end users according to the License Agreement. Any
reproduction or redistribution of the Software not in accordance
with the License Agreement is expressly prohibited by law, and may
result in severe civil and criminal penalties. The Software is made
available for download solely for use or personal use by end users
according to the License Agreement. Violators will have their
licenses revoked if they do not follow these terms and will be
prosecuted to the maximum extent possible.
D. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL,
ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS
WARRANTED IN THE LICENSE AGREEMENT, ScotConway.com HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT
E. FOR YOUR CONVENIENCE, ScotConway.com MAY MAKE AVAILABLE AS PART
OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR
USE AND/OR DOWNLOAD. ScotConway.com DOES NOT MAKE ANY ASSURANCES
WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES
FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND
UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that (1)
the below copyright notice appears in all copies and that both the
copyright notice and this permission notice appear, (2) use of such
Documents from the Services is for informational and non-commercial
or personal use only and will not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications of any
Documents are made. Accredited educational institutions, such as
universities, private/public colleges, and state community colleges,
may download and reproduce the Documents for distribution in the
classroom. Distribution outside the classroom requires express
written permission. Use for any other purpose is expressly
prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent
possible.
ScotConway.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED
IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE
SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL ScotConway.com AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE
SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. ScotConway.com AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON
THIS SITE
IN NO EVENT SHALL ScotConway.com AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO ScotConway.com OR POSTED AT ANY OF ITS
WEBSITES
A. ScotConway.com does not claim ownership of the materials User
provides to ScotConway.com (including feedback and suggestions) or
post, upload, input or submit to any Services or its associated
services for review by the general public, or by the members of any
public or private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting ("Posting") User's Submission User is granting
ScotConway.com, its affiliated companies and necessary sublicenses
permission to use User's Submission in connection with the operation
of their Internet businesses (including, without limitation, all
ScotConway.com Services), including, without limitation, the license
rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat User's Submission;
to publish User's name in connection with User's Submission; and the
right to sublicense such rights to any supplier of the Services. No
compensation will be paid with respect to the use of User's
Submission, as provided herein. ScotConway.com is under no
obligation to post or use any Submission User may provide and
ScotConway.com may remove any Submission at any time in its sole
discretion. By Posting a Submission User warrants and represents to
own or otherwise control all of the rights to User's Submission as
described in these Terms of Use including, without limitation, all
the rights necessary for User to provide, post, upload, input or
submit the Submissions.
B. In addition to the warranty and representation set forth above,
by Posting a Submission that contain images, photographs, pictures
or that are otherwise graphical in whole or in part ("Images"), User
warrants and represents that (a) User is the copyright owner of such
Images, or that the copyright owner of such Images has granted User
permission to use such Images or any content and/or images contained
in such Images consistent with the manner and purpose of User's use
and as otherwise permitted by these Terms of Use and the Services,
(b) User has the rights necessary to grant the licenses and
sublicenses described in these Terms of Use, and (c) that each
person depicted in such Images, if any, has provided consent to the
use of the Images as set forth in these Terms of Use, including, by
way of example, and not as a limitation, the distribution, public
display and reproduction of such Images. By Posting Images, User is
granting (a) to all members of User's private community (for each
such Images available to members of such private community), and/or
(b) to the general public (for each such Images available anywhere
on the Services, other than a private community), permission to use
User's Images in connection with the use, as permitted by these
Terms of Use, of any of the Services, (including, by way of example,
and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and
reformat User's Images without having User's name attached to such
Images, and the right to sublicense such rights to any supplier of
the Services. The licenses granted in the preceding sentences for a
Images will terminate at the time User completely remove such Images
from the Services, provided that, such termination shall not affect
any licenses granted in connection with such Images prior to the
time User completely remove such Images. No compensation will be
paid with respect to the use of User's Images.
C. ScotConway.com is a distributor (and not a publisher) of content
supplied by third parties and Users. Accordingly, ScotConway.com has
no more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made
available by third parties, including information providers, Users
or any other user of ScotConway.com, are those of the respective
author(s) or distributor(s) and not of ScotConway.com. Neither
ScotConway.com nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content,
nor its merchantability or fitness for any particular purpose.
12. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When accessing the Website or using the Services, you agree to obey
the law and to respect the intellectual property rights of others.
Your use of the Services and the Website is at all times governed by
and subject to laws regarding copyright ownership and use of
intellectual property. You agree not to upload, download, display,
perform, transmit, or otherwise distribute any information or
Materials in violation of any third party's copyrights, trademarks,
or other intellectual property or proprietary rights. You agree to
abide by laws regarding copyright ownership and use of intellectual
property, and you shall be solely responsible for any violations of
any relevant laws and for any infringements of third party rights
caused by any Materials you provide or transmit, or that is provided
or transmitted using your User ID. The burden of proving that any
Materials do not violate any laws or third party rights rests solely
with you.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF ScotConway.com IS AT USER'S
SOLE RISK. NEITHER COMPANY, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT ScotConway.com WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF ScotConway.com, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH ScotConway.com.
B. ScotConway.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
B.a)ScotConway.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT
ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY
ANY:
• USE OF (OR INABILITY TO USE) THE SITE
• USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM
OUR SITE
• FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR
DESIRED
• ERROR ON OUR SITE
• OMISSION ON OUR SITE
• INTERRUPTION OF AVAILABILITY OF OUR SITE
• DEFECT ON OUR SITE
• DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
• COMPUTER VIRUS OR LINE FAILURE
• PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
*DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR
INJURY
*DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN
IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
* OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A
LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE
LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU
LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD
NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER
THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE
CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY
NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY
OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF
ANYTHING TO ACCESS OUR SITE.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT COMPANY
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT SHALL ScotConway.com, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ScotConway.com OR
THE ScotConway.com SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE ScotConway.com. USER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER ScotConway.com
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL
BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ScotConway.com,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO
CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY
PRICING OR OTHER INFORMATION. ScotConway.com, ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY
FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER
ScotConway.com NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE
INFORMATION.
G. FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE
OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT,
EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS,
ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE
FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK
FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING
PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY
AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A
MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF
THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT
SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS
UNDER THIS AGREEMENT.
14. LINKS TO THIRD PARTY SITES
A. THE LINKS IN THIS AREA WILL LET YOU LEAVE ScotConway.com'S SITE.
THE LINKED SITES ARE NOT UNDER THE CONTROL OF ScotConway.com AND
ScotConway.com IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED
SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR
UPDATES TO SUCH SITES. ScotConway.com IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY
LINKED SITE. ScotConway.com IS PROVIDING THESE LINKS TO YOU ONLY AS
A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
ENDORSEMENT BY ScotConway.com OF THE SITE.
B. ScotConway.com is a distributor (and not a publisher) of content
supplied by third parties and Users. Accordingly, ScotConway.com has
no more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made
available by third parties, including information providers, Users
or any other user of ScotConway.com, are those of the respective
author(s) or distributor(s) and not of ScotConway.com. Neither
ScotConway.com nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content,
nor its merchantability or fitness for any particular purpose.
C. In many instances, the content available through ScotConway.com
represents the opinions and judgments of the respective information
provider, User, or other user not under contract with
ScotConway.com. ScotConway.com neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice or statement
made on ScotConway.com by anyone other than authorized
ScotConway.com employee spokespersons while acting in their official
capacities. Under no circumstances will ScotConway.com be liable for
any loss or damage caused by a User's reliance on information
obtained through ScotConway.com. It is the responsibility of User to
evaluate the accuracy, completeness or usefulness of any
information, opinion, advice or other content available through
ScotConway.com. Please seek the advice of professionals, as
appropriate, regarding the evaluation of any specific information,
opinion, advice or other content.
15. UNSOLICITED IDEA SUBMISSION POLICY
ScotConway.com OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS,
NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS,
MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY
ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE
PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR
DISPUTES WHEN COMPANY'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO ScotConway.com. SO, PLEASE DO NOT SEND
YOUR UNSOLICITED IDEAS TO COMPANY OR ANYONE AT ScotConway.com. IF,
DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS,
YOU STILL SEND THEM, PLEASE UNDERSTAND THAT ScotConway.com MAKES NO
ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
16. PRIVACY POLICY
ScotConway.com respects your privacy and permits Users to control
the treatment of personal information. A complete statement of
ScotConway.com current Privacy Policy can be reviewed on our
"Privacy Policy" link located or published at the bottom of our Web
pages.
17. MONITORING
ScotConway.com shall have the right, but not the obligation, to
monitor the content of ScotConway.com, including chat rooms and
forums, to determine compliance with this Agreement and any
operating rules established by ScotConway.com and to satisfy any
law, regulation or authorized government request. ScotConway.com
shall have the right in its sole discretion to edit, refuse to post
or remove any material submitted to or posted on ScotConway.com.
Without limiting the foregoing, ScotConway.com shall have the right
to remove any material that ScotConway.com, in its sole discretion,
finds to be in violation of the provisions hereof or otherwise
objectionable.
18. INDEMNIFICATION AND HOLD HARMLESS
User agrees to defend, indemnify and hold harmless ScotConway.com,
its affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of ScotConway.com by User or
User's Account.
19. TERMINATION
Either ScotConway.com, ScotConway.com or User may terminate this
Agreement at any time. Without limiting the foregoing,
ScotConway.com shall have the right to immediately terminate User's
Account in the event of any conduct by User which ScotConway.com, in
its sole discretion, considers to be unacceptable, or in the event
of any breach by User of this Agreement.
20. PAYMENTS AND REFUND POLICY
A. Users are charged for software, written publications and online
media products. If you pay a company other than us for the service,
then the charges and billing terms are as stated by the other
company. Even if you do not pay for the service, you may still incur
charges incidental to using the service; for example, charges for
Internet access, mobile text messaging, or other data transmission.
B. WHEN YOU CREATE A BILLING ACCOUNT, YOU ENTER YOUR PAYMENT METHOD.
YOU MUST BE AUTHORIZED TO USE THE PAYMENT METHOD. YOU AUTHORIZE US
TO CHARGE YOU FOR THE SERVICE USING YOUR PAYMENT METHOD AND FOR ANY
PAID FEATURE OF THE SERVICE FOR WHICH YOU CHOOSE TO SIGN-UP OR USE
WHILE THIS CONTRACT IS IN FORCE. WE MAY BILL YOU FOR MORE THAN ONE
OF YOUR PRIOR BILLING PERIODS TOGETHER. IF WE INFORMED YOU THAT THE
SERVICE WOULD BE PROVIDED INDEFINITELY OR AUTOMATICALLY RENEWED, WE
MAY AUTOMATICALLY RENEW YOUR SERVICE AND CHARGE YOU FOR ANY RENEWAL
TERM.
C. You may have received a limited time of free service or some
other trial period offer. Unless we notify you otherwise, if you are
participating in any trial period offer, you must cancel the service
by the end of the trial period to avoid incurring charges. If you do
not cancel your service, and we have informed you that the service
will automatically be converted into a paid subscription at the end
of the trial period, then you authorize us to charge your payment
method for the service.
D. The price for the service excludes all taxes and phone charges,
unless stated otherwise. These taxes and charges are your
responsibility. Currency exchange settlements are based on your
agreement with your payment method provider. We may change the price
of the service from time to time, but we will tell you before we do.
E. If there is a specific time length and price for your service
offer, then that price will remain in force for that time. After the
offer period ends, your use of the service will be charged at the
new price.
F. If you do not agree to these changes, then you must cancel and
stop using the service before the changes take place. If you cancel
your service, then your service ends at the end of your current
service time length or, if we bill your account on a period basis,
at the end of the period in which you cancelled.
G. We will provide you with an online billing statement accessible
online through your User Account. This is the only billing statement
that we provide. If you request a paper copy, we may charge you a
retrieval fee. We will only provide paper copies for the past 120
days. If we make an error on your bill, we will correct it promptly
after you tell us and we investigate the charge. You must tell us
within 120 days after an error first appears on your bill. You
release us from all liability and claims of loss resulting from any
error that you do not report to us within 120 days after the error
first appears on your online statement. If you do not tell us within
this time, we will not be required to correct the error. We can
correct billing errors at any time.
H. You may cancel the service at any time, with or without cause. Go
to support.trinitalianenterprises.com to obtain information on
cancelling your service. Certain service offers may require
cancellation charges, and you will pay all cancellation charges as
specified in the materials describing the offer. Cancellation of the
service by you will not alter your obligation to pay all charges
made to your billing account for which you have already used the
Services.
J. The User Fee is non-refundable. If you cancel a paid User Fee,
ScotConway.com will refund the pro-rated amount based on the number
of un-used days of User Fee. Under no circumstances will the amount
of the refund exceed the amount you paid for Services.
21. ENTIRE AGREEMENT
This Agreement, the privacy policy, domain licenses and any
operating rules for ScotConway.com established by ScotConway.com
constitute the entire agreement of the parties and supersede all
previous written or oral agreements between the parties.
22. ARBITRATION
Each party to this Agreement expressly agrees that all disputes,
claims or controversies that exist or may come to exist between them
including, without limitation, all disputes, claims or controversies
that exist or may arise out of, under or in connection with this
Agreement, first to binding arbitration located in San Diego County,
California, United States in accordance with the Commercial
Arbitration Procedures of the American Arbitration Association. The
parties agree that judgment upon the arbitration award will be
final, binding and conclusive upon each party and may be entered
into any court having jurisdiction. In the case of action under this
Section, the prevailing party shall be entitled to recover its costs
of the proceeding, including reasonable attorneys' fees and out of
pocket expenses.
23. CHOICE OF LAW, VENUE AND FORUM
The TOU, the privacy policy, domain licenses and any operating rules
for scotconway.com shall be construed in accordance with and
governed by the laws of the United States and the State of Florida,
without reference to their rules regarding conflicts of law. You
hereby irrevocably consent to the exclusive jurisdiction of the
state or federal courts in San Diego County, California, United
States in all disputes arising out of or related to the use of the
Website or, without reference to their rules regarding conflicts of
law.
23. SEVERABILITY
If, for whatever reason, a court of competent jurisdiction finds any
term or condition in these Terms of Use to be unenforceable, all
other terms and conditions will remain unaffected and in full force
and effect.
24. WAIVER
No waiver of any breach of any provision of these Terms of Use shall
constitute a waiver of any prior, concurrent, or subsequent breach
of the same or any other provisions hereof, and no waiver shall be
effective unless made in writing and signed by an authorized
representative of the waiving party.
25. HEADINGS
The section headings used herein are for convenience only and shall
not be given any legal importance.
26. COPYRIGHT
All contents of Website or Services are: Copyright © ScotConway.com.
All rights reserved.
27.TRADEMARKS
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners. The example companies,
organizations, products, domain names, email addresses, logos,
people and events depicted herein are fictitious. No association
with any real company, organization, product, domain name, email
address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
28. NO LICENSE
Nothing contained on the Website should be understood as granting
you a license to use any of the trademarks, service marks, logos and
the like owned by ScotConway.com or by any third party.
29. NOTICES
Any notices to ScotConway.com shall be given by email to
sokescot@aol.com or by certified mail, return receipt requested to
ScotConway.com. Any notice to Users shall be sent by email to the
email address provided by the User. Email notices to a User shall be
deemed delivered twenty-four (24) hours from the time the email is
sent. Notices to ScotConway.com shall be deemed delivered five (5)
calendar days after sent by certified mail.
30. COPYRIGHT INFRINGEMENT
ScotConway.com has in place certain legally mandated procedures
regarding allegations of copyright infringement occurring on the
Website or with the Services. ScotConway.com has adopted a policy
that provides for the immediate suspension and/or termination of any
Website or Services user who is found to have infringed on the
rights of ScotConway.com or of a third party, or otherwise violated
any intellectual property laws or regulations. ScotConway.com's
policy is to investigate any allegations of copyright infringement
brought to its attention. If you have evidence, know, or have a good
faith belief that your rights or the rights of a third party have
been violated and you want ScotConway.com to delete, edit, or
disable the material in question, you must provide ScotConway.com
with all of the following information: (a) a physical or electronic
signature of a person authorized to act on behalf of the owner of
the exclusive right that is allegedly infringed; (b) identification
of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a
representative list of such works; (c) identification of the
material that is claimed to be infringed or to be the subject of
infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit
ScotConway.com to locate the material; (d) information reasonably
sufficient to permit ScotConway.com to contact you, such as an
address, telephone number, and if available, an electronic mail
address at which you may be contacted; (e) a statement that you have
a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent,
or the law; and (f) a statement that the information in the
notification is accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed. For this notification to be effective you
must provide it to the Copyright Infringement Unit,
31. INDEPENDENT PARTIES
You and ScotConway.com expressly agree that each is an independent
contractor of the other. Neither party is an agent, representative,
broker, employee, partner or joint venturer of the other party. This
Agreement shall not be interpreted or construed to create an
association, joint venture, agency, franchise or partnership between
the parties or to impose any partnership obligation or liability
upon either party
32. ACKNOWLEDGEMENT
BY USING THE SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT
YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
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