TERMS AND CONDITIONS OF USE
Welcome to our website. This
site is maintained as a service to our customers. By using this site,
you agree to comply with and be bound by the following terms and
conditions of use. Please review these terms and conditions carefully.
If you do not agree to these terms and conditions, you should not use
this site.
1. Agreement. This Agreement (the “Agreement'”) specifies the
Terms and Conditions for access to and use of
List Building Technique (the “Site'”) and describe the terms and
conditions applicable to your access of and use of the
Site. This Agreement may be modified at any time by Your Name upon posting of the modified agreement. Any
such modifications shall be effective immediately. You
can view the most recent version of these terms at any
time at www.KeywordAnalyse.com. Each use by you shall constitute and be deemed your
unconditional acceptance of this Agreement.
2. Intellectual Property
Ownership.
(a) Our Content. All content included on
this site is and shall continue to be the property of Your Name or its content suppliers and is protected under
applicable copyright, patent, trademark, and other proprietary
rights. Any copying, redistribution, use or publication by you
of any such content or any part of the Site is prohibited
without express permission by Your Name.
Under no circumstances will you acquire any ownership rights or other
interest in any content by or through your use of this site. [Trademark] is the trademark or registered trademark of Your Name. Other product and company names mentioned on
this Site may be trademarks of their respective owners.
(b) User Supplied Content. By accessing our
forum, bulletin board, chat room, or any other user interactive area of
our site, and placing any information in any of those areas, you hereby
grant us a perpetual, irrevocable, royalty free license in and to such
materials, including but not limited to the right to post, publish,
transmit, distribute, create derivative works based upon, create
translations of, modify, amend, enhance, change, display and publicly
perform such materials in any form or media, whether now known or later
discovered. You also grant to others who access the forum, bulletin
board, chat room or any other user interactive area of our site a
perpetual, non-revocable, royalty free license to view, download, store
and reproduce your postings but such license is limited to the personal
use and enjoyment of such other party.
(c) Personal Use. Your Name grants you a limited, revocable, nonexclusive license to
use this site solely for your own personal use and not
for republication, distribution, assignment, sublicense,
sale, preparation of derivative works, or other use. You
agree not to copy materials on the site, reverse
engineer or break into the site, or use materials,
products or services in violation of any law. The use of
this website is at the discretion of Your Name and Your Name may terminate your use of this website at any
time.
(d) Other Uses. All other use of Content
from the Site, including, but not limited to uploading,
downloading, modification, publication, transmission,
participation in the transfer or sale of, copying, reproduction,
republishing, creation of derivative works from, distribution,
performance, display, incorporation into another web site,
reproducing the Site (whether by linking, framing or any other
method), or in any other way exploiting any of the Content, in
whole or in part, is strictly prohibited without Your Name prior express written consent.
3. Disclaimers.
(a) DISCLAIMER OF WARRANTIES. THE
INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,” “AS
AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR
SOLE RISK. Your Name DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY
IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING
TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE, Your Name DOES NOT WARRANT
THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR
FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Your Name , ITS SUBSIDIARIES, VENDORS AND AFFILIATES
DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR
UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE'S
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT
MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY. Your Name SHALL NOT
BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY
CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH
MAY BE INCURRED IN CONNECTION WITH Your Name
OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER
MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES,
OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
EVEN IF Your Name
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS.
The information presented in this Website is intended to be for your
educational and entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before embarking on any endeavor, please use caution and seek the advice
your own personal professional advisors, such as your attorney and your
accountant.
Where income figures are mentioned (if any), those income figures are
anecdotal information passed on to us concerning the results achieved by
the individual sharing the information. We have performed no independent
verification of the statements made by those individuals. Please do not
assume that you will make those same income figures.
Please do not construe any statement in this website as a claim or
representation of average earnings. There are NO average earnings.
Testimonials and statements of individuals are not to be construed as
claims or representations of average earnings. We cannot, do not, and
will not make any claims as to earnings, average, or otherwise.
Success in any endeavor is based on many factors individual to you. We
do not know your educational background, your skills, your prior
experience, or the time you can and will devote to the endeavor.
Please perform your own due diligence before embarking on any course of
action. Follow the advice of your personal qualified advisors.
There are risks in any endeavor that are not suitable for everyone. If
you use capital, only "risk" capital should be used.
There is no guarantee that you will earn any money using any of the
ideas presented in our in materials. Examples in our materials are not
to be interpreted as a promise or guarantee of earnings.
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 else’s. No guarantee is made that you will achieve any result
at all from the ideas in our material.
You agree that we will not share in your success, nor will we be
responsible for your failure or for your actions in any endeavor you may
undertake.
Please understand that past performance cannot be an indication of
possible future results.
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 in our materials are intended to express our opinion of
earnings potential. They are opinions only and should not be relied upon
as fact.
4. Terms
Relating to User Supplied Site Content.
(a)
Participate at Your Own Risk. You enter and participate in our
forum, bulletin board, chat room, or any other user interactive area of
our site, and gain access to the materials contained thereon at your own
risk.
(b) No
Monitoring. We do not monitor or screen communications on our forum,
bulletin board, chat room, or any other user interactive area of our
site and we are not responsible for any material that any of our forum,
bulletin board, chat room, or any other user interactive area of our
site participant posts and we do not assume the responsibility to do so.
In the event that we are notified by any party that any communications
contained in our forum, bulletin board, chat room, or any other user
interactive area of our site is contrary to these terms, we may, but are
not obligated to, investigate the situation and determine in our own
discretion, whether to remove such communication from our forum,
bulletin board, chat room, or any other user interactive area of our
site. We have no liability
or responsibility to investigate or remove any content from our forum,
bulletin board, chat room, or any other user interactive area of our
site based upon a complaint or otherwise.
(c) Your
Reliance at Your Risk. We do not make any representations or
warranties as to the truth or accuracy of any statement made or
materials posted on or through our forum, bulletin board, chat room, or
any other user interactive area of our site.
You agree and acknowledge that you assume the risk of any actions
you take in reliance upon the information that may be contained in our
forum, bulletin board, chat room, or any other user interactive area of
our site.
(d) No
Endorsement. We do not endorse or lend any credence for any
statements that are made by any participant in our forum, bulletin
board, chat room, or any other user interactive area of our site. Any
opinions or views expressed by our forum, bulletin board, chat room, or
any other user interactive area of our site participants are their own.
We do not endorse or support or otherwise give any credence or
reason for reliance on any such statements or opinions.
(e) You are
Responsible. You are fully responsible for your own statements and
materials that you post in our forum, bulletin board, chat room, or any
other user interactive area of our site and any consequences, whether or
not foreseen, to any party who may rely upon these statements.
You agree that you will not take any action directed towards
attempting to hold us responsible for any such materials or statements.
(f) Removal
of Material. As a participant in our forum, bulletin board, chat
room, or any other user interactive area of our site, you agree that we
may remove any materials from our forum, bulletin board, chat room, or
any other user interactive area of our site for any reason, in our sole
discretion, or for no reason at all.
This includes material which is disruptive, abusive, offensive,
illegal, vulgar, pornographic, or any other material.
You hold us harmless from and against any damage you or others
may suffer as a result of our removal of any content from our forum,
bulletin board, chat room, or any other user interactive area of our
site or from the discontinuance of our forum, bulletin board, chat room,
or any other user interactive area of our site at any time.
(g) Right to
Expel. We have the right to remove, expel, or disqualify any party
from participation and access to our forum, bulletin board, chat room,
or any other user interactive area of our site for any time and for any
reason, or for no reason whatsoever, in our sole and absolute
discretion. This includes,
but is not limited to any violation of this agreement, disruptive
behavior, complaints from other parties, any allegedly illegal activity,
or for any other reason or for no reason at all.
(h) Right to
Terminate. We reserve the right to terminate our forum, bulletin
board, chat room, or any other user interactive area of our site at any
time and all users hold us harmless from and against any claims,
damages, suits, threats, demands, liabilities, actions, causes of
action, or injuries that may result therefrom, including but not limited
to any consequential, incidental, and special damages of every nature
and type.
(i)
Prohibitions. You agree that you will not (1) use our forum,
bulletin board, chat room, or any other user interactive area of our
site for any illegal purpose, (2) place any material in our forum,
bulletin board, chat room, or any other user interactive area of our
site that violates the copyrights, trademarks, trade secrets,
confidential information or other rights of any other party, (3) place
any material in our forum, bulletin board, chat room, or any other user
interactive area of our site that contains a false statement about any
person, infringes upon the privacy rights of any other person, or
threatens, harasses, abuses or embarrasses any other person, (4) place
any obscene, pornographic, sexually explicit or violent materials,
graphics, photographs, text or otherwise in our forum, bulletin board,
chat room, or any other user interactive area of our site, (5) place any
advertising, attempted business solicitation, marketing materials or
sales promotional materials in our forum, bulletin board, chat room, or
any other user interactive area of our site, (6) pretend to be another
person that you are not, (7) place materials in our forum, bulletin
board, chat room, or any other user interactive area of our site that
are disruptive or off-topic.
(j) Hold
Harmless and Indemnify. You hold us harmless from, and indemnify us
against, any and all claims for damages from third parties arising from
your participation, use or conduct in our forum, bulletin board, chat
room, or any other user interactive area of our site.
5. Miscellaneous.
(a)
Prohibition Against Data Mining.
You are prohibited from data mining, scraping, crawling, email
harvesting or using any process or processes that send automated queries
to the Your Name Web site. You may not use the Your Name Web site to compile a collection of listings,
including a competing listing product or service. You may not use the
Site or any Materials for any unsolicited commercial e-mail.
(b) Intended
Audience. This website is intended for adults only. This website is
not intended for any children under the age of 18.
(c)
Compliance with Laws. You agree to comply with all applicable laws
regarding your use of the website. You further agreed that information
provided by you is truthful and accurate to the best of your knowledge.
(d)
Indemnification. You agree to indemnify, defend and hold Your Name and our partners, employees, and affiliates,
harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement
or use of the Site.
(e) Privacy. Your
visit to our site is also governed by our Privacy
Policy. Please review our Privacy Policy at www.KeywordAnalyse.com.
Your Name reserves the right, and you authorize us, to use and
assign all information regarding site uses by you and all information
provided by you in any manner consistent with our Privacy Policy.
(f) DMCA
Notice. If you believe your work has been copied in a way that
constitutes copyright infringement, please provide a notice containing
all of the following information to our Copyright Agent:
(1) An electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright
interest;
(2) A description of the copyrighted work that you
claim has been infringed;
(3) A description of where the material that you
claim is infringing is located on the Site;
(4) Your address, telephone number, and e-mail
address;
(5) A statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; and
(6) A statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright
owner's behalf.
Our Copyright Agent for Notice
of claims of copyright infringement on the Site is _________________,
who can be reached as follows:
By Mail: _________________
By Phone: _________________
By e-mail: _________________
(g)
Applicable Law. You agree that the laws of the state of
_________________, without regard to
conflicts of laws provisions will govern
these Terms and Condition of Use and any
dispute that may arise between you and Your Name or its affiliates. Venue shall be in [name of county].
(h)
Arbitration.
As part of the
consideration that
Your Name
requires for viewing, using or interacting with this website, you agree
to the use of binding arbitration for any claim, dispute, or controversy
of any kind (whether in contract, tort or otherwise) arising out of or
relating to this website.
Arbitration shall be conducted pursuant to the rules of the American
Arbitration Association which are in effect on the date a dispute is
submitted to the American Arbitration Association. Information
about the American Arbitration Association, its rules, and its forms are
available from the American Arbitration Association,
(i)
Severability. If any provision of this Agreement shall be adjudged
by any court of competent jurisdiction to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement will otherwise remain in full force and
effect.
(j)
Termination. Your Name may terminate this Agreement at any time, with or without
notice, for any reason.
(k) Contact
Information.
HOW TO CONTACT US:
Your Name
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