The following Terms and
Conditions Agreement governs your access and usage of
avoid-work-at-home-scams.com (the “Site”), any software or services in
connection with the Site (the
"Online Services"), and the materials available therein or in
connection with the Site ("Materials").
Please read this Agreement
carefully before
accessing or using the Online Services or the Materials. By
accessing
or using the Online Services and Materials, you agree to be bound by
the Terms and Conditions set forth below. If you do not wish to
be
bound by these Terms and Conditions, you may not access or use the
Online Services and Materials. If you do not
have the legal authority to bind, please press the "I do not accept"
button below.
If you utilize the Online Services or the Materials in a manner
inconsistent with these Terms and Conditions, the Site may terminate
your access, block your future access and/or seek such additional
relief as the circumstances of your misuse indicate is proper.
The
Site may modify these Terms and Conditions at any time, and such
modifications shall be effective immediately upon posting of the
modified Terms and Conditions. You agree to review the Terms and
Conditions periodically to be aware of such modifications and your
continued access or use of the Online Services and Materials shall be
deemed your conclusive acceptance of the modified Terms and Conditions.
1. LICENSE; RESTRICTIONS ON USE
1.1 Except for distributions in compliance
with these
Terms and Conditions, you may not distribute any Materials, Online
Services, or software associated with or derived from the Site, modify,
copy, license, or create derivative works from the same, unless you
obtain the Site’s express written permission in
advance.
1.2 You are granted a nonexclusive,
nontransferable,
limited license to access and use the Online Services and Materials
from time to time made available to you. This license includes:
(a) The right to electronically display
Materials retrieved from the Online Services to no more than one person
at a time;
(b) The right to obtain a printout of
Materials via
printing commands of the Online Services and to create a single
printout of Materials downloaded via downloading commands of the Online
Services (collectively, "Authorized Printouts");
1.3 Except as specifically provided herein,
you are
prohibited from downloading, storing, reproducing, transmitting,
displaying, copying, distributing, or using Materials retrieved from
the Online Services. You may not print or download Materials
without
using the printing or downloading commands of the Online Services.
1.4 All right, title, and interest
(including all
copyrights and other intellectual property rights) in the Online
Services and Materials (in both print and machine-readable forms)
belong to the Site. You acquire no proprietary interest in the
Online
Services, Materials, or copies thereof.
1.5 Except as specifically provided herein,
you may not
use the Online Services or Materials retrieved from the Online Services
in any fashion that infringes the copyrights or proprietary interests
therein.
1.6 You may not remove or obscure the
copyright notice
or other notices contained in Materials retrieved from the Online
Services.
2. ACCESS TO SERVICES
2.1 Only purchasers of the Materials
may access and use the Online Services.
2.2 You may not use an identification
number to access the Online Services from outside the country for which
it was issued.
2.3 You may be restricted from accessing
certain Materials otherwise available in the Online Services.
2.4 Materials and features may be added to
or withdrawn
from the Online Services and the Online Services may otherwise change
without notice.
3. LIMITED WARRANTY
3.1 The Site represents
and warrants
that it has the right and authority to make the Online Services and
Materials available pursuant to these Terms and Conditions.
3.2 The Site and its
affiliates,
agents, successors, or assigns, make no representations or warranties,
express or implied, as to the accuracy, earnings claims, content, and
advertising materials on their web sites. In the event that any
advertisement is inaccurate, your sole remedy is for the Site
to remedy such inaccuracy within fifteen (15) working days of you
notifying the Site of the inaccuracy. You understand and agree
that
the online content and advertising copy therein solely represents
hypothetical examples and does not in any way guaranty income, revenue,
or performance of the Online Services and Materials and does not in any
way represent explicit or implicit earnings claims for the user.
3.3 The content, claims, and
representations of
independent third-party testimonials from users of the Online Services
and Materials is not subject to the Site’s prior
approval and no representation or warranty is given by the Site
to the accuracy of such testimonials. The Site does
not undertake to review the contents of any testimonials and any such
review of, and approval by, the Site shall not be
deemed to constitute an acceptance by the Site
that such testimonial is provided in accordance with the terms of the
Terms and Conditions, nor shall it constitute a waiver of the Site’s
rights hereunder. You understand and agree that the online
content,
claims, and representations of such third party testimonials do not in
any way guaranty income, revenue, or performance of the Online Services
and Materials and does not in any way represent explicit or implicit
earnings claims by the Site for the user.
3.4 EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION 3, THE
ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS AND THE PROVIDER OF THE ONLINE SERVICES AND EACH THIRD
PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT
PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS.
4. LIMITATION OF LIABILITY
4.1 A Covered Party (as defined below)
shall not be
liable for any loss, injury, claim, liability, or damage of any kind
resulting in any way from (a) any errors in or omissions from the
Online Services or any Materials available or not included therein, (b)
the unavailability or interruption of the Online Services or any
features thereof or any Materials, (c) your use of the Online Services
or Materials (regardless of whether you received any assistance from a
Covered Party in using the Online Services), (d) your use of any
equipment or software in connection with the Online Services, (e) the
content of Materials, or (f) any delay or failure in performance beyond
the reasonable control of a Covered Party.
4.2 "Covered Party" means the Site, its
affiliates, employees, subcontractors, agents, successors, or assigns.
4.3 THE AGGREGATE LIABILITY OF THE COVERED
PARTIES IN
CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE
ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL
DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE
IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED
PARTY.
4.4 THE COVERED PARTIES SHALL NOT BE LIABLE
FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY
DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE
SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS
OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
SUCH
LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
5. MISCELLANEOUS
5.1 The Site reserves the right to modify
these Terms
and Conditions from time to time in its sole discretion, without notice
or liability to you. You agree to be bound by these Terms and
Conditions, as modified. Please review the most current version
of the
Terms and Conditions from time to time, so that you will be apprised of
any changes.
5.2 Charges and payment terms may be
changed in
accordance with the applicable price schedule; all other provisions may
be changed by the Site immediately. Your access to the Online
Services
may be terminated immediately upon notice to the provider of the Online
Services if any change is unacceptable. Continued use of the
Online
Services and Materials following any change constitutes acceptance
of
such change.
5.3 The Site may terminate your access to
the Online
Services and Materials. The effective date of termination shall
be ten
(10) days after the receipt of an appropriate notice of termination,
unless a later date is specified in the notice. The Site may
suspend
or discontinue providing the Online Services and Materials to you
without notice and pursue any other remedy legally available to the
Site if you fail to comply with any of your obligations
hereunder.
5.4 Except as otherwise provided herein,
all notices
and other communications hereunder shall be in writing or displayed
electronically in the Online Services by the Site.
Notices shall be deemed to have been properly given on the date
deposited in the U.S. mail, if mailed; on the date first made
available, if displayed in the Online Services; or on the date
received, if delivered in any other manner. Notices to the Site
should
be sent to: admin@avoid-work-at-home-scams.com.
5.5 By utilizing the Online Services or
Materials, you
acknowledge that you have agreed to receive electronic mail, telephone
calls, and other communications from the Site, its agents, affiliates,
successors, and assigns. You agree that the Site may contact you
with
regard to these Terms and Conditions, the Online Services and
Materials, opportunities in which you may be interested, and other
related purposes.
5.6 The failure of the Site or any third
party supplier
of Materials to enforce any provision hereof shall not constitute or be
construed as a waiver of such provision or of the right to enforce it
at a later time.
5.7 You may not assign your rights or
delegate your
duties under your access to the Online Services and Materials without
the prior written consent of the Site.