Terms of Service
updated 12 August 2009
Welcome to 123HelpMe.com (the "Web Site"), which is produced by the "Company". This page states the Terms of Service (the "Terms" or the "TOS") under which this Web Site is available for use. Please read this page carefully. By accessing and using this Web Site you accept and agree to be bound, without limitation or qualification, by these Terms and any other terms and conditions that may apply. The Company may, at its sole discretion, modify or revise these Terms at any time by updating this posting. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms. By using the Web Site after we have made any modification or revision, you agree to be bound by the revised terms. If you do not accept any of the Terms stated here, do not use the Web Site. The Company retains the right to deny access to anyone at its complete discretion for any reason, including but not limited to violation of these Terms. The Terms constitute the entire legal agreement between you and the Company.
1. Web Site Usage
In consideration of your use of the Web Site, you represent that you are 1) of legal age to form a binding contract and 2) are not a person prohibited from receiving services under the laws of the United States or other jurisdiction. You further agree to use the Web Site only for purposes that are permitted by 1) the Terms and 2) any applicable law, regulation or generally accepted practice or guideline in the relevant jurisdictions, which includes any laws regarding the export of data to and from the United States or other relevant countries.
As part of your use of the Web Site, you may be required to provide information about yourself, such as identification or contact details, as part of your continued use of the Services. You agree that any registration information you give to the Company will always be correct and current.
The contents of this Web Site, such as text, graphics, images, audio, video and all other material ("Material"), are protected by copyright under both United States and foreign laws, and are owned or controlled by third parties that have licensed their Material to the Company. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any commercial purpose. The use of the Material on any other Web Site, or in a networked computer environment for any purpose is prohibited, without the express written permission of the Company. The trademarks, logos, and service marks (the "Marks") displayed on the Web Site are owned by the Company. You are prohibited from use of those Marks without the express, written permission of the Company. If you would like information about obtaining permission from the company to use the Material on your Web site, please contact us via email. If you violate any of these Terms, your permission to use the Material will be automatically terminated and you must immediately destroy any copies you have made of the Material whether said copies are in your possession or in the possession of any third party.
You agree not to access or attempt to access any of the Material by any means other than through the interface that is provided by the Web Site, without specific written agreement with the Company. You specifically agree not to access or attempt to access any of the Material through any automated means, which includes the use of scripts or web crawlers.
Unless you have been given written consent of the Company by separate agreement, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any Material obtained from the Web Site, or usage or access to the Web Site, for any commercial purpose.
You agree that you are solely responsible for any breach of your legal and contractual obligations under the Terms and solely responsible for the consequences of any such breach, including any loss or damage which the Company, its agents, or third parties may suffer. You further agree that the Company has no responsibility to you or to any third party for your breach.
2. User-Submitted Material
You agree not to submit any unlawful, abusive, defamatory, harassing, obscene, or otherwise objectionable Material of any kind, including but not limited to Material that would constitute a criminal offense, violate the rights of others, or violate the laws or regulations of the United States or other jurisdiction. You agree not to submit any Material that infringes on any intellectual property rights of another, including but not limited to copyright and trademark. You agree not to submit any Material that you have reason to believe is false, misleading, or fraudulent, or contains private information about an identifiable person without that person.s written permission. You remain solely responsible for, and agree to indemnify and hold harmless the Company, its agents, affiliates, representatives, licensors, and licensees, against any claim arising from any Material you submit as well as Material submitted by a third party using your computer or IP address.
Any Material you submit to the Web Site is and will be treated as non-confidential and non-proprietary. The Company has no obligation of any kind with respect to submitted Material. The Company reserves the right, but has no obligation, to remove, edit, or reject any Material it deems inappropriate. You agree that modification of the Material by the Company or its agents does not transfer ownership of said Material.
You warrant that the Material submitted is original, has not been previously licensed or submitted to another Web Site or entity, and that you own the proprietary rights to said Material, including copyright, trademark, and patent rights as applicable, or the express written authority of the owner(s) of said rights to use and license the Material. You retain all patent, trademark, and copyright to any Material submitted. You further warrant that you have all rights, power, and authority necessary to claim and grant the license conveyed herein to the submitted Material. By submitting Material to the Web Site, you agree to grant the Company, its agents, affiliates, representatives, licensors, and licensees, a worldwide, irrevocable, nonexclusive, perpetual, royalty-free right (including moral rights) and license to copy, modify, translate, publish, disclose, transfer, assign, sell, and distribute said Material in any form now known or hereafter developed, for any purpose without limitation, and without any obligation of notice, attribution, or compensation to you or another.
3. Company's Liability
The Material on the Web Site contains inaccuracies and typographical errors. The Company makes no representations or guarantees about the accuracy, reliability, completeness, or timeliness of the Material or about the results obtained from using the Web Site or the Material. You expressly agree that any use of the Web Site, the Material, and the results obtained from using the Web Site or Material is entirely at your own risk. We reserve the right to make periodic changes to the Web Site, and these changes may be made at any time without notice. Most of the Material on the Web Site is provided and maintained by third parties. This third party Material may not be screened by the Company prior to its inclusion on the Web Site. You expressly agree that the Company is not liable or responsible for any defamatory, offensive, or illegal conduct of other subscribers or third parties.
The Company does not warrant that the Web Site will operate error-free or that the Web Site or its server is free of computer viruses or other harmful goods. If your use of the Web Site or its Material results in a need to repair or replace equipment or data, you are solely responsible for those costs.
The Web Site and its Material are provided on an as-is and as-available basis without warranty express or implied. The Company, its agents, affiliates, representatives, licensors, licensees, suppliers, and any third parties mentioned at this site, to the fullest extent permitted by law, disclaim all warranties, including the warranty of non-infringement of proprietary or third party rights, and the warranty of fitness for a particular purpose. The Company and its suppliers make no warranties as to the accuracy, reliability, completeness, or timeliness of the material, services, text, graphics and links.
No information, whether oral or written, provided by the Company or through the Web Site shall create any warranty not expressly stated in the Terms.
4. Disclaimer
IN NO EVENT SHALL the Company, its agents, affiliates, representatives, licensors, licensees, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND/OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Links to Other Web Sites
The Web Site contains links to third party Web sites maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations on the content or accuracy of materials on such third-party Web sites. The Company has no control over such sites, and you agree that the Company is not responsible for the availability of such external sites. The Company does not endorse and is not responsible or liable for any Material on or available from external sites. You agree that the Company is not responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of any external site. If you decide to access linked third-party Web sites, you do so at your own risk.
6. Limitation of Liability
Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, your sole and exclusive remedy is to discontinue use of the Web Site.
Under no circumstances shall the Company or its agents be liable to any user on account of that user's use of the Web Site. Such limitation of liability shall apply to prevent recovery of any and all damages, including, without limitation, direct, indirect, incidental, consequential, special, punitive and exemplary damages arising from any use of the Web Site, including any damages that may be incurred by third parties.
7. Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, owners, members, employees, agents, affiliates, representatives, licensors, and licensees, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the TOS, from any claim arising from any Material that you submit, or your violation of any rights of another, including but not limited to intellectual property rights.
8. User Information
The Company may use the information it obtains relating to you, including your IP address, name, e-mail address, mailing address, and use of the Web Site, if required to do so by law or in a good faith belief that such retention, preservation and/or disclosure is reasonably necessary: (a) to respond to any legal process or third party claims; (b) to enforce these TOS; (c) to protect the rights, property or personal safety of the Company, its agents, its users and the public; or (d) for business and/or marketing purposes.
Your personal information will be treated in compliance with our Privacy Policy. You agree to the use of your data in accordance with the Company.s Privacy Policy.
9. Content
You agree that by using the Web Site, you may be exposed to content that you may find offensive, indecent, or objectionable. You use the Web Site at your own risk. You further agree that the Company is not responsible for any Material you transmit or display while using the Web Site.
10. Minors
This Web Site contains material that may not be appropriate for minors. If there is concern by parents that children may visit this site, the Company recommends using a parental control software package. While no parental software package replaces careful supervision of Internet use by children, these tools can be a useful addition to your suite of Internet applications.
11. Notification of Claimed Copyright Infringement
If you find Material on the Web Site which you believe to be an infringement of copyright or other intellectual property rights of you or any third party, you are requested to immediately notify us as described below in accordance with the United States Digital Millennium Copyright Act. To report any alleged infringement, please email us with the following information:
1. your name, address, telephone number, and email address; and if you are representing the owner of the intellectual property, the name of the owner
2. a detailed description of the Material that you claim has been infringed; including the URL where said material is located on the Web Site, or a description of where you found such material on our Web Site;
3. if your claim is based on a registered work, the registration number and date of issuance of the registration;
4. a statement that you believe, in good faith, that the use of the Material on our Web Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
5. a signed statement, made under penalty of perjury, that all of the information you have provided is true, and that you are the owner of the intellectual property or are authorized to act on behalf of the owner
12. General
The Company makes no claims the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. The Company is not responsible for any damages, claims or injuries that may result from unlawful or inappropriate access to the materials. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of any appropriate jurisdiction.
All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the state of the Company applicable to contracts entered into and performed within the state of the Company. By using this Web Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of this Web Site is the court governing the county in which the Company is registered. You hereby irrevocably waive any objection that you may have to the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of the TOS is found to be invalid by any court having competent jurisdiction, or invalid under the laws of the governing jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the TOS, which shall remain in full force and effect. No waiver of any term of the TOS shall be deemed a further or continuing waiver of such term or any other term. Failure to enforce any provision of the TOS does not constitute a waiver for future enforcement of said TOS.
You agree that irrespective of any statute or law to the contrary, any claim or cause of action stemming from or connected to use of the Web Site or the TOS shall be filed within one year after such claim or cause of action arose, or be forever barred.Your browser may not support display of this image.
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