Terms and Conditions

This page states the “Terms and Conditions” under which you may use BusinessInnerCircle.com (”the Web Site”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this website and close your web browser immediately. By using this website, you are indicating your acceptance to these Terms and Conditions. The Web Site may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this website for any reason.

1. Introduction.
In this Service Agreement (“Agreement”),”Customer,” User, “you” and “your” refer to each customer or user and Business Inner Circle, “we,” “us” and “our” refer to Business Inner Circle or businessinnercircle.com. This Agreement explains our obligations to you, and your obligations to us, in relation to your use of our services.

By selecting Business Inner Circle service (s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service (s), or to modify or cancel such service (s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application (s) for our services and the performance of our services will occur at our offices in Lakeway, TX, the location of our principal place of business.

2. Services.
Business Inner Circle offers information and other services that may assist you in marketing your business online. Such services and information are provided on an as-is basis from Business Inner Circle does not represent or warrant to the truth or accuracy of such information.

3. Fees & Payment.
As consideration for the services you have selected, you agree to pay Business Inner Circle the applicable service (s) fees set forth on our website at the time of your selection. You agree to keep your credit card information accurate and current with Business Inner Circle at all times. All fees are due immediately upon registration and are non-refundable. Business Inner Circle may take all remedies available to collect fees owed and may recover from you all costs and expenses (including reasonable attorney fees) incurred by Business Inner Circle to collect such fees. In the event of non-payment, reversal of payment, or a charge back by a credit card company or other payment provider, in addition to any other remedies Business Inner Circle may have, we may, in our sole discretion, suspend or terminate your account. In order to qualify for the stated refund policy with in 30 days, you agree to cancel your membership prior to the following month’s renewal date. Failure to do so will result in renewal of your subscription and that collection of renewal subscription fees will not be subject to a refund.

4. Term of Service.
Unless otherwise specified, each Business Inner Circle service, is for the selected term and will renew automatically thereafter for successive equivalent terms unless either party elects to terminate such service (which you can do at any time by logging into your Business Inner Circle account and indicating your election to terminate such service). Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal.

5. Third-Party Information.
You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the third party’s personal data. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.

6. Modifications to Agreement.
Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may revise the terms and conditions of this Agreement and/or change the services provided under this Agreement at any time. Any such revision or change will be binding and effective ten (10) calendar days after the revised Agreement or change to the service(s) is posted on the Business Inner Circle website. You agree to periodically review our website, including the current version of this Agreement available on our website, to be aware of any such revisions. If you do not agree with any revision to the Agreement or change to the services, you may terminate this Agreement at any time. Any fees paid by you prior to termination of your Agreement with us are nonrefundable (except for the first 30 days), but you will not incur any additional fees. By continuing to use our services ten (10) calendar days after any revision to this Agreement or change in service(s) is posted on our website, you agree to abide by and be bound by any such revisions or changes. We are not bound by and you may not rely on any representation concerning this Agreement or our services made by: (i)any agent, representative or employee of any third party that you may use to apply for our services; or (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Business Inner Circle or any partner of Business Inner Circle is authorized to alter or amend the terms and conditions of this Agreement.

7. Modifications to your account.
In order to change any of your account information with us, you must use your account name and the password that you selected when you created your Business Inner Circle account. Please safeguard this information from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account name or password.

8. Prohibited Conduct.
You agree that you will only use our services for lawful purposes. Further, it is a violation of the terms of use to record via video, photograph or other wise make available the internal site structure of Business Inner Circle to non-Members of Business Inner Circle. If any videos or images exist, it is immediately required that all such videos or images be taken down offline and off of any servers.

9. Notices and Announcements.
You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to services and/or other relevant matters.

10. Limitation of Liability.
To the extent permitted at law, Business Inner Circle and its partners and contractors will not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the Business Inner Circle services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (i )any third party claims arising from or based on your use of our services; (ii) access delays or access interruptions; (iii) data non-delivery or data mis-delivery; (iv) acts of God; (v) the unauthorized use or misuse of your Account name or password; (vi) errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (vii) the deletion of or failure to store data of any kind; (viii) the development or interruption of your website; or (x) our processing of your application for our services, our processing of any authorized modification to your record or your agents failure to pay any fees, our fees or re-registration fees. You agree that our entire liability, and your exclusive remedy, with respect to any Business Inner Circle service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s).

11. Indemnity.
You agree to release, indemnify, and hold Business Inner Circle, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising from the Business Inner Circle services provided hereunder. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from the Business Inner Circle services provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.

12. Breach.
You agree that your failure to abide by any provision of this Agreement, any Business Inner Circle operating rule or policy, or any dispute policy may be considered by us to be a material breach of this Agreement and that we may, in our sole discretion, elect to cancel the services without further notice to you. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. Any such breach by you will not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.

13. Representations and Warranties.
You represent and warrant that: (i) the information that you or your agent on your behalf provide to us during the registration for Business Inner Circle service(s) is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner; (ii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder; and (iii) you are of legal age to enter into this Agreement.

14. Release.
You release Business Inner Circle, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our services. If you are a California resident, you waive California Civil Code §1542, which says: “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.”

15. Disclaimer.
You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an “as is,” and “as available” basis.
WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE 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 SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Business Inner Circle reserves the right to terminate any of its services at any time, with or without notice to you. In the event of such termination, your sole remedy will be to request a refund of any amounts paid to Business Inner Circle for services that were not completed in whole or in part. In the event that a service was partially completed, you may request a refund of the pro-rata portion of such fee for uncompleted services.

16. Severability.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

17. Entirety.
You agree that this Agreement and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement and the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.

18. Non-Assignment.
Your rights under this Agreement are not assignable. Any attempt by you to assign your rights will render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, will render this Agreement voidable at our option.

19. Governing Law.
You agree that this Agreement and any disputes hereunder will be governed in all respects by and construed in accordance with the laws of the State of Texas, excluding its conflict of laws rules. You and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of the State of Texas. You agree that any action, suit or application will be brought and heard in Houston, TX.

20. Agreement to be Bound.
By applying for the service(s) of Business Inner Circle or an affiliate through our online application process, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by Business Inner Circle.

ACCEPTABLE SITE USE

(a) Specific Prohibited Uses. The Web Site may be used only for lawful purposes. The Web Site specifically prohibits any use of this Site, and requires all users to agree not to use this Site, for any of the following: (i) Do Not post to the Web Site any incomplete, false or inaccurate information or information which is not your own. Do not post unrelated information such as opinions or notices, commercial or otherwise. Do Not delete or revise any material posted by any other person or entity. (v) Do Not print out or otherwise copy or use any personally identifiable information about anyone mentioned on this site. Unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and companies are prohibited.

USER INFORMATION

When you register for the website, you will be asked to provide the Web Site with certain information including, without limitation, a valid email address (your “Information”). In addition to the terms and conditions that may be set forth in any privacy policy on this website, you understand and agree that the Web Site may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Web Site reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Web Site or by third parties. The Web Site may also send to you via email an informative newsletter or tips on using the services offered. Please see the Web Site’s Privacy Policy for further details regarding your Information.

USE OF PROPRIETARY SOFTWARE

Subject to the terms and conditions of this Service Agreement, the Web Site grants you an individual, personal, non-sub licensed, non-exclusive and non-transferable license (the “License”) to use its proprietary software and website, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with this Service Agreement. You will not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software; use the software for time sharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that the Web Site and its licensees retain ownership of all software, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and you will destroy and cease to use the software. THE SOFTWARE IS PROVIDED “AS IS” AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT.

USER SUBMISSIONS

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this website you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The Web Site does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. The Web Site acts as a passive conduct for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Web Site may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. the Web Site has no liability or responsibility to users for performance or nonperformance of such activities. The Web Site reserves the right to expel users and prevent their further access to the website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Web Site may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Web Site or may cause the Web Site to lose (in whole or in part) the services of its ISPs or other suppliers. By submitting content to any public or non-public area of the website, including message boards, forums, contests and chat rooms, you grant the Web Site and its affiliates the loyalty-free, perpetual, irrevocable, sub-licensed (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the website retains any and all rights that may exist in such content.

THE SERVICE

The Service consists of email, Google Earth software, data encryption, data publishing, data transmission, data access (as available) and, if applicable, synchronization software and data storage. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third-party access charges (e.g., kiosk, ISP, telecommunications) incurred while using the Service. The Web Site makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. The Web Site reserves the right to change the Service or the terms and conditions of this Agreement at any time without notice.

Using automated submissions is specifically prohibited. (b) Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”, or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any the Web Site packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Web Site will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. (c) General Rules. Users may not use this Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful.

ENDORSEMENT DISCLAIMER

Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, service mark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by the Web Site.

Reference to any external products, services, hypertext link outside third parties or other information by trade name, trademark, service mark, supplier or otherwise does not constitute or imply that the owners of the trade name, trademark, web site or service mark offer any endorsement, sponsorship or recommendation of the Web Site in any way.

LINKS

The Web Site may provide hyperlinks to other Internet sites only for the convenience of our World Wide Web users. These “Links” are provided only as an informational resource as a service to our users. These “Links” include the links to other employment sites in our job search results pages.

The Web Site is not responsible for the availability or content of these external sites, nor does the Web Site endorse, warrant or guarantee the products, services or information described or offered at these other Internet sites.

Please note that many of the links provided are not on one of the Web Site’s servers and are not maintained by us or affiliated with any services provided by us. These links are provided simply as a service, and it should not be implied that we recommend, endorse or approve of any of the content at the linked site(s). The link information and reference materials are intended solely for the information of the reader.

Please also note that any site that we offer an external link to does not necessarily recommend, endorse or approve of the Web Site. Nor are these sites affiliated with the Web Site in any way.

REGISTRATION AND PASSWORD

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Web Site of any unauthorized use of your registration or password.

THE WEB SITE’S LIABILITY

The Web Site is only a venue and does not screen or censor the data being offered. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the website. Because user authentication on the Internet is difficult, the Web Site cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, in the event that you have a dispute with one or more users, you release the Web Site (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site. 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 this Web Site. The Material may contain inaccuracies or typographical errors. The Web Site makes no representations about the accuracy, reliability, completeness, or timeliness of the website or the Material. The use of the website and the Material is at your own risk. Changes are periodically made to the website and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material contained therein placed by you on the website. THE WEB SITE DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE WEB SITE IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE WEB SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE WEB SITE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

TERMINATION: The Web Site reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Website and immediate termination of your registration with or ability to access the Website and/or any other service provided to you by the Web Site, upon any breach by you of these Terms and Conditions or if the Web Site is unable to verify or authenticate any information you submit to the Website registration with or ability to access the Website. The Web Site will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity it becomes aware of.

INDEMNITY: You agree to defend, indemnify, and hold harmless the Web Site, its officers, directors, employees and agents, 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 terms of these Terms and Conditions. The Web Site shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

GENERAL: The Web Site makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within California. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Website a particular “Legal Notice,” or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Web Site with respect to the use of Website. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

ADDITIONAL TERMS OF USE: Certain areas of this Website are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

U.S. GOVERNMENT MATTERS

You may not remove or export from the United States or allow the export or re-export of any part of the software or applicable documentation, if any, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and Documentation licensed in this Service Agreement are “commercial items” and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Service Agreement and will be prohibited except to the extent expressly permitted by the terms of this Service Agreement.

MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. This Service Agreement is not assignable, transferrable or sub-licenseable by you except with the Web Site’s prior written consent. This Service Agreement will be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Service Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Service Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and you do not have any authority of any kind to bind the Web Site in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

PRIVACY

Personally identifiable information posted to this site is not confidential and may be viewed by us and anyone with access to the Site. If users submit personally identifiable information, it may be viewed by others. We may use the information to contact you about our services or other services we think you might be interested in. The Web Site cannot police or enforce its rules against all third party users; you should communicate with the user if you object to being contacted and want to restrict or stop their use. If you want the Web Site to remove your postings or to cease any other use of personally identifiable information, you should send us a specific request by certified mail or by regular mail clearly marked “Privacy-Urgent”, in either case, addressed as follows: Bill McIntosh, 19881 Brookhurst St. Suite c-285, Huntington Beach, CA 92646. You may send your request by using our Contact Us page but due to the volume of e-mail we receive, it may not secure prompt attention. In addition to the terms and conditions that may be set forth in any privacy policy on this Website, users understand and agree that the Web Site may disclose to third parties, on an anonymous basis, certain aggregate information. The Web Site reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Web Site or by third parties. The Web Site may also send to you via email an informative newsletter or tips on using the services offered.

DISCLAIMER: YOUR USE THIS SITE AT YOUR OWN RISK. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE WEB SITE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WEB SITE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THIS WEBSITE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. WE RETAIN THE RIGHT TO REVISE THESE RULES AT ANY TIME.

WARNING: ANY USE OF THE SITE IN VIOLATION OF THESE RULES CONSTITUTES TRESPASS AND/OR INFRINGEMENT OF THE RIGHTS OF THE SITE SPONSOR AND MAY RESULT IN LEGAL ACTION AGAINST YOU.

ZERO TOLERANCE SPAM POLICY

It is strictly forbidden to use ANY the Web Site service to send spam (unsolicited commercial email). Spamming by the Web Site users, partners or affiliates will not be tolerated. Should we discover that you have sent Spam we will immediately cancel any account you may have with us and pursue every available legal remedy and recover any damages caused by sending Spam (unsolicited commercial emails).

CONTACTING THE WEB SITE: If you have any questions regarding our Privacy Policy, the practices of our site, or your dealings with our site, please feel free to contact us via our Contact page.