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
Metro Home Publishing Properties, LC 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 EXPRESS, 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 Texas, 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 Texas, by accessing this
site, both you and the Company agree that the statues and laws of
Texas 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 Texas 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 ENTIRELY DEPENDENT 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 Site Submission Rules at its
discretion, so check back from time to time to be sure you are
complying with the current version.