USER AGREEMENT
("Agreement")
ACCEPTANCE OF TERMS THROUGH USE
By using this site, you ("User") signify your agreement to these terms
and conditions. If you do not agree to this Agreement please do not use
this site.
Please check this Agreement periodically for changes as the owner of
this site The Joshua Seth Company, LLC. reserves the right to revise
this Agreement and your continued use of this site following the
posting of any changes to the Agreement constitutes acceptance of such
changes. The Company reserves the right to terminate a User's use of
this site at any time without notice and may do so for any breach of
this Agreement or the instructions on this site by User. This Agreement
applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person
over 18. If a parent or guardian wishes to permit a person under 18,
and under his or her supervision, to use this site, he or she should
email the Company with his or her explicit permission and acceptance of
full legal responsibility for the minor to do so. If you are not yet
18, if you are easily offended, or are accessing this site from any
country where material on this site is prohibited or illegal, please
leave now as you do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby grants you a
non-exclusive, non-transferable limited license to use this site in
strict accordance with the terms and conditions in this Agreement and
as permitted via instructions on this site. You agree not to make any
false or fraudulent statements in your use of or to gain access to this
site. You acknowledge and agree that all content and services available
on this site are property of the Company and its advertisers and
licensors and are protected by copyrights, moral rights, trademarks,
service marks, patents, trade secrets, and other proprietary rights and
laws, in the U.S. and internationally. All rights not expressly granted
herein are fully reserved by the Company, its advertisers and licensors.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through this site, you agree not
to save, download, cut and paste, sell, license, rent, lease, modify,
distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works from
materials, code or content on or from this site. Systematic retrieval
of data or other content from this site to create or compile, directly
or indirectly, a collection, compilation, database or directory without
written permission from the Company is prohibited. In addition, use of
the content or materials for any purpose not expressly permitted in
this Agreement is prohibited.
Security
You agree that if you are issued a Username and Password by the
Company, you shall use your best efforts to prevent access to this site
through your Username and Password by anyone other than yourself,
including but not limited to, keeping such information strictly
confidential, notifying the Company immediately if you discover loss or
access to such information by another party not under your control and
supervision, and by using a Username and Password not easily guessed by
a third party.
You agree that you shall not try to reverse engineer, reverse assemble,
reverse compile, decompile, disassemble, translate or otherwise alter
any executable code, contents or materials on or received via this
site. You understand that such actions are likely to subject you to
serious civil and criminal legal penalties and that the Company shall
pursue such penalties to the full extent of the law to protect its
rights and the rights of its other licensors.
International Users
Accessing this site, and services, products or contents available on
this site, except as expressly allowed through instructions and
truthful statements by the User in regard to use of this site, from
places outside the U.S. or where their contents are illegal, is
prohibited. Those who choose to access this site from other locations
do so knowingly on their own initiative and voluntarily at their own
risk and are responsible for compliance with local laws. None of the
information on this site may be downloaded, exported or reexported into
Iran, Iraq, Syria, Libya, Sudan, Cuba, North Korea, Yugoslav Republic
(Serbia and Montenegro), Rwanda, Nigeria or any other country with
restrictions imposed by the U.S. Government. By using this site, you
agree that you are not a citizen of or a resident in any of these
countries.
Export
You agree that you shall comply with all applicable export and import
control laws and regulations in your use of this site, or materials or
services received through this site, and, in particular, you shall not
export or re-export anything on or received through this site in
violation of local or foreign export laws and/or without all required
U.S. and foreign government licenses.
Government Use.
If you are a branch or agency of the U.S. Government, the following
provision applies. This site, code, contents, services and accompanying
documentation are comprised of "commercial computer software" and
"commercial computer software documentation" as such terms are used in
48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for
acquisition by or on behalf of civilian agencies, consistent with the
policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on
behalf of units of the Department of Defense, consistent with the
policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3
(JUN 1995). Unpublished rights reserved under the copyright laws of the
United States.
USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you
post on this site or communicate to the Company through this site
(collectively "Submissions") shall forever be the property of the
Company. You agree to the Site Submission Rules found below as part of
this Agreement if provided on the site by the Company. The Company
shall not treat any submission as confidential and shall not incur any
liability as a result of any similarities that may appear in future
Company services or products. Without limitation, the Company shall
have exclusive ownership of all present and future existing rights to
any Submission of every kind and nature everywhere. You acknowledge
that you are fully responsible for the message, including its legality,
reliability, appropriateness, originality and copyright. You hereby
represent and warrant that your Submission does not infringe the rights
of any third party.
TRADEMARKS
The Company's, licensors' or other third party materials, services or
products referenced on this site are common law or registered trade
marks or service marks of such parties.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites
through links or frames from this site. You are cautioned to read such
sites' Terms and Conditions and/or Privacy Policies before using such
sites in order to be aware of the terms and conditions of your use of
such sites. These sites may contain information or material that is
illegal, unreasonable or that some people may find inappropriate or
offensive. These other sites are not under the control of the Company,
are not monitored or reviewed by the Company, and the Company is not
aware of the contents of such sites. You acknowledge that the Company
is not responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the contents or any transmissions
received through such sites. The inclusion of such a link or frame does
not imply endorsement of this site by the Company, its advertisers or
licensors, any association with its operators and is provided solely
for your convenience. You agree that the Company and its licensors have
no liability whatsoever from such third party sites and your usage of
them.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR
WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION
CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR
PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS
SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH
REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH
USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS
SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT
WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE
ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT
ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH
THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF
THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO
WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN
WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO
THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE
USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR
RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED
THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE
LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its
advertisers, licensors, subsidiaries and other affiliated companies,
and their employees, contractors, officers, agents and directors from
all liabilities, claims, and expenses, including attorney's fees, that
arise from your use of this site, or any services, information or
products from this site, or any violation of this Agreement. The
Company reserves the right, at it own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, in which event you shall cooperate with the Company in
asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User's use
immediately upon receipt of any notice which alleges that User has used
this site for any purpose that violates any local, state, federal or
law of other nations, including but not limited to the posting of
information that may violate third party rights, that may defame a
third party, that may be obscene or pornographic, that may harass or
assault others, that may violate hacking or other criminal regulations,
etc. of its agents, officers, directors, contractors or employees. In
such event, Company may disclose the User's identity and contact
information, if requested by a government or law enforcement body or as
a result of a subpoena or other legal action, and Company shall not be
liable for damages or results thereof and User agrees not to bring any
action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the
Company from its offices within the State of Ohio, U.S. of America. It
can be access from all 50 states as well as from other countries around
the world to the extent permitted by site. As each of these places has
laws that may differ from Indiana, by accessing this site, both you and
the Company agree that the statues and laws of Indiana shall apply to
any actions or claims arising out of or in relation to this Agreement
or your use of this site, without regard to conflicts of laws
principles thereof. You and the Company also agree and hereby submit to
the filing of any claim only in the exclusive personal jurisdiction and
venue of Indiana and any legal proceedings shall be conducted in
English. The Company makes no representation that materials on this
site are appropriate or available for use in other locations, and
accessing them from territories where their contents are illegal is
prohibited. This Agreement shall not be governed by the United Nations
Convention on Contracts for the Sale of Goods.
CLAIMS OR REPRESENTATIONS
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND
IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE
CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE
THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE
MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A
PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS
ENTIRELYDEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND
TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE
VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS
CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM,
IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS
SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT
GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY
OF YOUR ACTIONS.
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 HERE OR ON ANY OF OUR SALES
MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL.
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 ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY
RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
MISCELLANEOUS
This Agreement incorporates by reference the Site Submission Rules if
this site allows posting and posts such Rules. This Agreement
constitutes the entire agreement between the parties related to the
subject matter thereof, supersedes any prior or contemporaneous (oral,
written or electronic) agreement between the parties and shall not be
changed except by written agreement signed by an officer of the
Company. If any provision of this Agreement is prohibited by law or
held to be unenforceable, the remaining provisions hereof shall not be
affected, and this Agreement as much as possible under applicable law
shall continue in full force and effect as if such unenforceable
provision had never constituted a part hereof and the unenforceable
provision shall be automatically amended so as to best accomplish the
objectives of such unenforceable provision within the limits of
applicable law. User shall not assign or transfer this Agreement and
any such transfer shall be void.
Site Submission Rules
By using features of this site that allow you to post or otherwise
transmit information to or through this site, or which may be seen by
other users, you agree that you shall not upload, post, or otherwise
distribute or facilitate distribution of any content -- including text,
communications, video, software, images, sounds, data, or other
information -- that:
" is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortious,
obscene, sexually explicit or graphic, or otherwise in violation of
this site's rules or policies;
" victimizes, harasses, degrades, or intimidates an individual or group
of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
" infringes any patent, trade mark, service mark, trade secret,
copyright, moral right, right of publicity, privacy or other
proprietary right of any party;
" constitutes unauthorized or unsolicited advertising, junk or bulk
e-mail (also known as "spamming"), chain letters, any other form of
unauthorized solicitation, or any form of lottery or gambling;
" contains software viruses or any other computer code, files, or
programs that are designed or intended to disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications equipment
or to damage or obtain unauthorized access to any data or other
information of any third party; or
" impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.
You also agree that you shall not harvest or collect information about
the users of this site or use such information for the purpose of
transmitting or facilitating transmission of unsolicited bulk
electronic e-mail or communications for any other commercial purpose of
your own or a third party.
You further agree that you shall not solicit or collect information, or
attempt to induce any physical contact with, anyone 18 years old or
younger without appropriate prior verifiable express parental consent.
This site generally does not pre-screen, monitor, or edit the content
posted by users of this site. However, this site and its agents have
the right, at their sole discretion, to remove any content that, in
this site's sole judgment, does not comply with the Site Submission
Rules or is otherwise harmful, objectionable, or inaccurate. This site
is not liable for any failure, delay, damages or results, in removing
such content.
You agree that your use of this site may be suspended or terminated
immediately upon receipt of any notice which alleges that you have used
this site in violation of these Rules and/or for any purpose that
violates any local, state, federal or law of other nations, including
but not limited to the posting of information that may violate third
party rights, that may defame a third party, that may be obscene or
pornographic, that may harass or assault others, that may violate
hacking or other criminal regulations, etc. of its agents, officers,
directors, contractors or employees. In such event, you agree that the
owner of this site may disclose your identity and contact information,
if requested by a government or law enforcement body or as a result of
a subpoena or other legal action, and the owner of this site shall not
be liable for damages or results thereof, and you agree not to bring
any action or claim against the owner of this site for such disclosure.
This site reserves the right to revise these Rules at its discretion,
so check back from time to time to be sure you are complying with the
current version.