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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 [Overcome
Shyness Guide] (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 [Overcome
Shyness Guide] 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.OvercomeShynessGuide.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 [Overcome
Shyness Guide] 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 [Overcome Shyness
Guide]. 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 [Overcome
Shyness Guide]. 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. [Overcome Shyness Guide] 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 [Overcome
Shyness Guide] and [Overcome
Shyness Guide] 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 [Overcome Shyness Guide]
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. [Overcome
Shyness Guide] 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, [Overcome Shyness
Guide] 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. [Overcome Shyness Guide] , 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. [Overcome
Shyness Guide] 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 [Overcome Shyness Guide]
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 [Overcome Shyness Guide]
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 [Overcome Shyness Guide] Web site. You may not use the
[Overcome Shyness Guide] 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 [Overcome
Shyness Guide] 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.OvercomeShynessGuide.com].
[Overcome Shyness Guide]
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 [Overcome
Shyness Guide] or its affiliates. Venue shall be in [name of
county].
(h)
Arbitration.
As part of the
consideration that
[Overcome
Shyness Guide]
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,
335 Madison Avenue, Floor 10, New York, New York,
10017-4605. Hearing
will take place in the city or county of
[Overcome
Shyness Guide].
In no case shall you have the right
to go to court or have a jury trial. You will not have the right
to engage in pre-trial discovery except as provided in the rules; you
will not have the right to participate as a representative or member
of any class of claimants pertaining to any claim subject to
arbitration; the arbitrator's decision will be final and binding with
limited rights of appeal. The prevailing party shall be reimbursed by
the other party for any and all costs associated with the dispute
arbitration, including attorney fees, collection fees, investigation
fees, and travel expenses.
(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. [Overcome
Shyness Guide] may terminate this Agreement at any time, with or
without notice, for any reason.
(k) Contact
Information.
HOW TO CONTACT US:
[Overcome Shyness Guide]
[address]
[phone number]
[e-mail
address]
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