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TERMS AND CONDITIONS OF USE
Subscriber Agreement
The Web site located at http://www.ultimatemarketingcenter.com ("Site")
is provided by UltimateMarketingCenter.com. Your access to and use of
the Site is governed by this Subscriber Agreement ("Agreement"). As
used in this Agreement, "UltimateMarketingCenter.com," "we," "us'" or
"our" refers to UltimateMarketingCenter.com, and "you" or "your" refers
to you, the user of the Site. The Agreement below is the agreement you
consented to upon subscribing to the site. The Agreement does not apply
to use of the publicly available Web Site maintained by
UltimateMarketingCenter.com.
1. Access and Passwords
As part of the subscription process for this Site, you have selected or
been assigned a particular username and password in accordance with
UltimateMarketingCenter.com's username and password guidelines. YOU
AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE
USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO
ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all
actions taken by you, or any other user that accesses the Site using
your username and password, at or through the Site will be attributed
to and legally bind you, even with respect to acts for which the user
had no actual authority or made an error. You assume all resulting
liability from use of the Site and any services available on it by you
or others using your username or password. If you lose your username or
password, please contact us at: webmaster@ultimatemarketingcenter.com.
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted on our site.
Your subscription will continue and renew automatically, unless
terminated by UltimateMarketingCenter.comor until you notify
UltimateMarketingCenter.com by email or as designated on the Site of
your decision to terminate your subscription. If there are any annual,
monthly, or similar periodic fees for your subscription, these fees
will be billed automatically to the credit card designated during the
registration process for the Site or subsequently designated by you to
UltimateMarketingCenter.com, at the start of the annual, monthly, or
similar period, and at the start of each renewal period, unless you
terminate your subscription before the relevant period begins. You
agree to pay or have paid all fees and charges incurred in connection
with your username and password for the Site (including any applicable
taxes) at the rates in effect when the charges were incurred. All fees
and charges are nonrefundable. UltimateMarketingCenter.com may change
the fees and charges then in effect, or add new fees or charges, by
giving you notice in advance. All fees and charges incurred in
connection with your UltimateMarketingCenter.com username and password
will be billed to the credit card designated during the registration
process for the Site or subsequently designated by you to
UltimateMarketingCenter.com. If you want to designate a different card
or there is a change in credit card validity or expiration date, or if
you believe someone has accessed the Site using your username and
password without your authorization, you may email us at
webmaster@ultimatemarketingcenter.com. You are also responsible for any
fees or charges incurred to access the Site through an Internet service
provider or other third party service.
3. Privacy
Our Privacy Notice is a part of this Agreement and its terms are
incorporated herein by this reference. Please read it now at the link
on our site.
4. User Conduct
The Site may contain bulletin board services, news groups, forums,
and/or other message or communication facilities ("Communication
Services") designed to enable you to communicate with others. You agree
to use the Communication Services only to submit or post messages and
material that are proper and, when applicable, related to the
particular Communication Service. You are also prohibited from
submitting to, posting or transmitting through
UltimateMarketingCenter.com any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit,
profane, hateful, racially, ethnically, or otherwise objectionable
material of any kind, including but not limited to any material that
encourages conduct that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any applicable local, state,
national, or international law. Content that consists of or contains
software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam" is prohibited. You may
not use a false email or postal address, impersonate any person or
entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other
information that constitutes part of the content expressed or made
available by third parties are those of the respective authors or
distributors and not of UltimateMarketingCenter.com nor its affiliates,
not any of their officers, directors, employees, or agents. You
acknowledge that UltimateMarketingCenter.com does not pre-screen all
content, but that UltimateMarketingCenter.com and its designees shall
have the right (but not the obligation) in their sole discretion to
refuse or move any content that is made available via the Communication
Services. Without limiting the foregoing, UltimateMarketingCenter.com
and its designees shall have the right to remove any content that
violates this Agreement or is otherwise objectionable. You specifically
agree that UltimateMarketingCenter.com is not responsible for any
content sent using and/or included in the Site by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of
UltimateMarketingCenter.com (or material that other suppliers have
licensed to UltimateMarketingCenter.com for their use) which is
protected by copyright and other laws respecting proprietary rights.
UltimateMarketingCenter.com retains all rights in the material and
media, including (without limitation) all copyright and other
proprietary rights worldwide in all media. You may not use
UltimateMarketingCenter.com except as expressly permitted under this
Agreement and under U.S. copyright laws. Any routine and/or systematic
redistribution of any portion of the products licensed herein is
expressly prohibited.
End users who are duly authorized may Access
UltimateMarketingCenter.com for individual use, i.e., may view the
information on screen; may download small portions of the information
to a computer disk for personal convenience and later reference; and
may print paper copies of small portions for personal use only.
The rights granted here are an expansion of the rights granted under
the Copyright Act and do not include any rights to reproduce in its
entirety any portion of the information or materials contained therein.
No part of the information may be duplicated in any medium or format
beyond the express terms of this Agreement without prior written
authorization from UltimateMarketingCenter.com. Any use not authorized
by the Agreement is prohibited and is not a fair use under the U.S.
copyright law.
You acknowledge that the information (and the licensed materials
contained therein) is highly proprietary in nature and that
unauthorized copying, transfer or use may cause
UltimateMarketingCenter.com and/or UltimateMarketingCenter.com’s
suppliers irreparable injury that cannot be adequately compensated for
by means of monetary damages. You agree that any breach of this
provision by you, or any subscriber or end-user, may be enforced by
UltimateMarketingCenter.com, and/or any of
UltimateMarketingCenter.com’s suppliers, by means of equitable relief
(including, but not limited to, injunctive relief) in addition to any
other available rights and remedies.
You agree that any supplier of any portion of the licensed materials
may enforce its rights against you, even though that supplier is not a
party to the Agreement.
You may not and may not permit others to: reproduce, publish,
distribute, sell, or otherwise access or use any material retrieved
from or contained in or on this Site in any manner whatsoever that may
infringe any copyright or proprietary interest of
UltimateMarketingCenter.com; distribute the information contained in
and/on this Site to other users not duly authorized to Access the Site;
distribute, rent, sublicense, lease, transfer or assign the information
or Agreement; decompile, disassemble, or otherwise reverse-engineer
this Site or information contained in or on this Site or any software
contained therein, or alter, translate, modify, or adapt it to create
derivative works. Unauthorized reproduction, transfer, and/or use may
be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any portion of
the information on any electronic media, including, but not limited to,
local or wide area networks, timesharing services, multiple processing
units, multiple site arrangements, service or software rental bureaus,
list servers, online services, electronic bulletin boards or forums,
World Wide Web sites or any other server that is Internet-enabled,
without written authorization by UltimateMarketingCenter.com.
If you breach any provision of this Agreement,
UltimateMarketingCenter.com may immediately terminate this Agreement
and all licenses granted hereunder without prior notice and in addition
to any other available rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited
to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other
applications that are capable of copying large portions of content from
the Site. UltimateMarketingCenter.com can detect the use of these
systems through live logfile analysis and will ban any future use by
offenders.
b. Use robots and crawlers, or similar technology, without following
the robot guidelines (found at
http://info.webcrawler.com/mak/projects/robots.html). We are able to
detect robots violating the guidelines and we will ban any offenders.
If you are using a robot/crawler to check UltimateMarketingCenter.com
links, it must operate according to the robot guidelines (see above).
Do not leave new robots unattended and allow a minimum of 1 minute
between automated requests.
c. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes not relating specifically to the Site;
f. Access the Site by any means other than through the interface that
is provided by UltimateMarketingCenter.com, or attempt or access any
area of the Site to which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to discover
any source code relating the Site, except to the extent that such
activity is expressly permitted by applicable law notwithstanding this
limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content compiled by
UltimateMarketingCenter.com. While we use commercially reasonable
efforts to provide accurate information, UltimateMarketingCenter.com
gives no warranty as to the accuracy of the database and other content
on the Site. UltimateMarketingCenter.com reserves the right to withdraw
or delete information or content from the Site at any time.
8. Links to Third Party Sites
UltimateMarketingCenter.com does not endorse the content on any
third-party Web site, including Web sites of
UltimateMarketingCenter.com's affiliates ("Third-Party Sites").
UltimateMarketingCenter.com is not responsible for the content of
Third-Party Sites that you reach through links on the Site, sites
framed within the Site, or third-party advertisements on the Site, and
we do not make any representations regarding their content or accuracy.
Your use of Third-Party Sites is at your own risk and subject to the
terms and conditions of use for such sites. Any transaction that you
conduct at a Third-Party site will be between you and the party
providing that Web site. This means that UltimateMarketingCenter.com is
not your agent and is not a party to any transaction at a Third-Party
Site.
9. Representations and Warranties
You represent and warrant to UltimateMarketingCenter.com that: (a) you
possess the legal right and ability to enter into this Agreement; (b)
all information submitted by you to the Site is true and accurate; (c)
you will be responsible for all use of your username and password even
if such use was conducted without your authority or permission; (d) you
are at least 18 years old; and (e) you will not use the Site for any
purpose that is unlawful or prohibited by this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN
THIS SITE BY UltimateMarketingCenter.com AND ITS AFFILIATES ARE
PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND,
AND UltimateMarketingCenter.com AND ITS AFFILIATES HEREBY DISCLAIM ALL
WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
UltimateMarketingCenter.com DOES NOT MAKE ANY WARRANTIES REGARDING THE
FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b)
ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON
THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d)
FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE,
SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES,
FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES
CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE
OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL UltimateMarketingCenter.com OR ANY OF ITS AFFILIATES
BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO
INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF
CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF
UltimateMarketingCenter.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL UltimateMarketingCenter.com OR ANY OF ITS
AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS
OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY
UltimateMarketingCenter.com FROM YOU FOR ACCESS TO THE SITE AND ANY OF
THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless, and pay our attorney's
fees and costs, if we become liable for or incur any damages in
connection with your breach of this Agreement. You may not settle any
dispute without our prior consent, which may only be given in a
non-electronic writing signed by an authorized representative of
UltimateMarketingCenter.com.
14. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at
our option, be conducted electronically, including any that we are
otherwise required to provide in "writing". For example, we may send
you notices via postings at the Site or via email to any email address
that you provide to us during registration as a Site member. If you do
not wish to deal with us electronically, you should not use the Site or
enter into this Agreement. If applicable law now or later requires us
to communicate with you non-electronically, we reserve the right to
charge a fee for doing so. Notice will be deemed given 24 hours after
the email is sent, unless (for email) we are notified that the email
address is invalid. Alternatively, we may give you notice by mail to
the address provided during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and
any amendment from time to time) and retain it in your records. You
also agree to make a copy of any other information that we deliver to
you in writing.
16. Termination
UltimateMarketingCenter.com may terminate your subscription and/or
access, or suspend access to all or part of the Site, without notice,
for any conduct that UltimateMarketingCenter.com, in its sole
discretion, believes is in violation of this Agreement, any applicable
law, or any act which is harmful to the interests of another user,
service provider, or UltimateMarketingCenter.com.
UltimateMarketingCenter.com may also elect not to renew your
subscription and access by providing a notice of nonrenewal prior to
the end of your current subscription term. Applicable sections of this
agreement will survive any termination or expiration of this Agreement.
17. Assignment
You agree not to assign your rights under this Agreement without the
consent of an authorized representative of UltimateMarketingCenter.com
in a non-electronic record, and any assignment without
UltimateMarketingCenter.com's consent will be voidable at
UltimateMarketingCenter.com's option. This Agreement will inure to the
benefit of and bind the parties' respective successors and permitted
assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Mauritius, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate
UltimateMarketingCenter.com and/or its affiliates' intellectual
property rights, UltimateMarketingCenter.com and/or its affiliates may
seek injunctive or other appropriate relief in any state or federal
court in the State of Mauritius, and you consent to exclusive
jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: Mauritius. Any costs and fees other than attorney
fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding
arbitration at the following location:
webmaster@ultimatemarketingcenter.com, under the rules of the American
Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
19. Amendments
UltimateMarketingCenter.com may change the provisions of this
Agreement. When UltimateMarketingCenter.com changes the terms of this
Agreement, UltimateMarketingCenter.com will notify you by email or
online postings on this Site. The changes will also appear in this
document, which you can access any time. You already agreed to be bound
by the changes when you first subscribed to the site. If you do not
agree to be bound by the changes, you should not use the Site again and
you should cancel your subscription to the Site. Even if you have not
clicked on the "I Agree" button or checked the I agree box when
subscribing, if you use the Site after you have been notified of a
change to this Agreement, you are agreeing now to be bound by that
change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is
the entire agreement between the parties for its subject matter and
supercedes all prior and contemporaneous communications between the
parties. No term of this Agreement may be waived by
UltimateMarketingCenter.com except in a signed, non-electronic writing
signed by an authorized representative of UltimateMarketingCenter.com.
21. General
If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties agree that its remaining
provisions will remain in full force and effect, provided that the
allocation of risks described herein is given effect to the fullest
extent possible. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or
similar breaches. You agree that no joint venture, partnership,
employment or agency relationship exists between you and
UltimateMarketingCenter.com or its affiliates as a result of this
Agreement or your use of the Site.
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