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Terms of Use
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEB SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow, or do not agree to be bound by all such terms, DO NOT USE THIS WEB SITE.
This "Web Site" is owned by ProSe Associates, Inc. ("PAI"). Your use of this Web Site is subject to the following terms and conditions of use (the "Terms"). You agree to these Terms by accessing this Web Site and/or by accepting any information from this Web Site. PAI reserves the right in its sole discretion to change these Terms. We will post changes here, so check back periodically. Your continued use of this Web Site after any changes to the Terms is posted constitutes your acceptance to be bound by any such changes. Please also review the terms of the Web Site's Privacy Policy.
The information and features contained in this Web Site have been compiled from a variety of sources, are for informational purposes only, and are subject to change at any time without notice. This Web Site and all the information it contains is provided "AS IS." By accessing or linking to this Web Site, you assume the risk that the information on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs or requirements.
Intellectual Property Information and Restrictions
This Web Site and all the information it contains, or may in the future contain, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, audio, video and video clips, and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code), and/or any other form of intellectual property (collectively, the "Content") are owned by PAI or other third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws.
You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other notice contained in or on such Content. NO OTHER USE IS PERMITTED WITHOUT THE PRIOR WRITTEN CONSENT OF PAI. Your misuse of the Content is strictly prohibited. Unless otherwise expressly authorized in these Terms or on the Web Site or in a written agreement with PAI, you may not modify, frame, reproduce, sell, publish, republish, perform, reuse, repost and/or display any portion of the Content. Other than as set forth herein, nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content displayed on the Web Site in any manner without the prior written consent of PAI or such third party that may own the Content displayed on the Web Site. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes available through the Web Site, not to insert any code or product or manipulate the Content in any way that affects any user's experience. Unless your use of the Content is otherwise authorized in accordance with these Terms, requests to use the Content should be directed to jwm@bestever.com.
Copyrights and Copyright Agents
We respect the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notice of claims of copyright infringement on the Web Site. Our Copyright Agent is Rolana Mierzwa, who may be reached by telephone at (303) 470-7861, or by e-mail at rolana@aol.com.
If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide PAI's copyright agent the following information:
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 work that you claim has been infringed;
3. A description of where the material you claim is infringing is located on the Web 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;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.
Disclaimers/Limitations on Liability/Indemnity
PAI and its subsidiaries, divisions, affiliates, directors, officers, partners, agents, and assigns (the "PAI Affiliates") make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Web Site and/or in the Content. Reference to any product, process, publication or service or any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by PAI or the PAI Affiliates.
The Internet may be subject to breaches of security. PAI and the PAI Affiliates are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction. You should also be aware that e-mail submissions over the Internet many not be secure, and you should consider this before e-mailing the Web Site, PAI or the PAI Affiliates any personal or confidential information. PAI and the PAI Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, availability, or operation of this Web Site. This Web site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
Certain areas of this Web site may provide access to online user forums, bulletin boards or chat rooms. PAI and the PAI Affiliates do not endorse the content in or on such user forums, bulletin boards and/or chat rooms and specifically disclaims any responsibility and/or liability for such content.
PAI AND THE PAI AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEB SITE, THE CONTENT, THE INTELLECTUAL PROPERTY, AND THE INFORMATION AND OTHER MATERIALS CONTAINED THEREON.
YOU AGREE THAT PAI AND THE PAI AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEB SITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR ITS CONTENT OR INTELLECTUAL PROPERTY, EVEN IF PAI OR THE PAI AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE OR ITS RELATED INFORMATION OR PROGRAMS. THE WEB SITE CONTAINS FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE WEB SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENCY, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR SOLE RISK THAT NEITHER PAI NOR THE PAI AFFILIATES GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. IN NO EVENT WILL PAI OR THE PAI AFFILIATES BE LIABLE TO YOUR OR TO ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL PAI OR THE PAI AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS IN U.S. CURRENCY ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY USING THIS WEB SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PAI AND THE PAI AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND/OR INTELLECTUAL PROPERTY INFRINGEMENT (INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THE FOREGOING REPRESENTATIONS; (B) YOUR VIOLATION OF THESE TERMS; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS WEB SITE AND/OR THE CONTENT IN VIOLATION OF THESE TERMS; (D) PAI'S AND/OR THE PAI AFFILIATES USE OF ANY CONTENT OR INFORMATION YOU PROVIDE; AND/OR (E) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU.
Your Use Of The Web Site/Information You Submit
As a user of the Web Site, you agree not to use the Content for any unlawful purpose and not to violate PAI's rights or the rights of others, including by, without authorization, creating any derivative works based on the Web Site, the Content, and/or any portion thereof. PAI reserves the right to, but is not obligated to, delete, move or edit content, in whole or in part, submitted by use to the Web Site and/or to PAI for any reason, including a determination by PAI, in its sole discretion, that such content is abusive, defamatory, obscene, in violation of intellectual property, privacy or other proprietary rights, or otherwise violates these Terms.
Without in any way limiting our right to remove or edit content, when using the Web Site, you are prohibited from:
1. Posting material that contains abusive, obscene, profane, vulgar or hateful language, text, illustrations, slurs and/or discriminates on the grounds of race, religion, origin, age, disability, sexual orientation or marital status or refers to such matters in a manner prohibited by law;
2. Posting material that is defamatory, threatening, unfair, disparaging, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains unsubstantiated claims, violates the privacy, publicity and/or any other rights of any third party, or tends to mislead or reflect unfairly on any other person, business, or entity;
3. Posting material that unfairly interferes with any third party's uninterrupted use and enjoyment of the Web Site and/or violates any right of PAI;
4. Posting material that advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purposes;
5. Uploading copyrighted or other proprietary material of any kind on the Web Site without the express permission of the owner of such material;
6. Using or attempting to use another's information, account, password, service or system except as expressly permitted;
7. Including articles, photographs, images, or other content that constitutes, promotes or encourages illegal acts, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates potential liability;
8. Uploading or transmitting viruses, Trojan Horses, or other harmful, disruptive or destructive files; and/or
9. disrupting, interfering with, or otherwise harming or violating the security of the Web Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Web site or affiliated and/or linked sites. Please note that the Web Site does not accept unsolicited materials or ideas for use or publication. PAI, the PAI Affiliates, and the Web Site are not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Web site. In addition, you agree that, subject only to our Privacy Policy: (i) transmitting, submitting and/or posting any communication or material to the Web Site, PAI and/or the PAI Affiliates by electronic mail, in user forums, bulletin boards, chat rooms or otherwise, including submitting any data, questions, comments, suggestions, personally identifying information and the like is, and will be treated as, non-confidential and non-proprietary; (ii) anything you transmit, submit and/or post to the Web Site, PAI, or the PAI Affiliates may be modified, altered, displayed, archived, stored, distributed, reproduced, disclosed, transmitted, published, broadcast and posted in any form, media, software or technology of any kind now known or developed in the future for any purposes; and (iii) PAI is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Web Site, PAI and/or the PAI Affiliates, for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products using such information. You waive any moral rights you may have in having any material you submit altered or changed in a manner not agreeable to you.
Any Web Site user forums, bulletin boards, chat rooms or other interactive areas are provided to give users and interesting and stimulating forum to express their opinions and to share their ideas and information. PAI does not and cannot review every message posed by users in the forums, and is not responsible for the content of these messages. To protect your safety, please use your best judgment when utilizing these forums, and consider whether you want to disclose any information that may be used to identify or locate you.
Without limiting the generality of the foregoing, you authorize PAI to include the information you provide in a searchable format that may be accessed by users of the Web site. All rights in this paragraph are granted without the need for any compensation of any sort to you. By submitting materials to this Web Site, PAI and/or the PAI Affiliates, you represent that such materials are accurate and original with you and do not violate the rights of any third party, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All submissions to the Web Site, PAI and/or the PAI Affiliates shall be the sole property of PAI and shall not be returned.
Linking Policy
The Content of this Web site contains intellectual property that is protected from unauthorized use, copying and dissemination by copyright, trademark and other laws. You may link to this Web Site only with the express written permission of PAI. If you are given such permission to link to this Web Site, we require that you follow these guidelines. The link(s) must not damage, dilute, or tarnish the goodwill associated with any PAI names and/or intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored, endorsed by, affiliated and/or associated with PAI, the PAI Affiliates, or BestEver.com. You agree that you will not link to the Web Site from any source that is unlawful, indecent, abusive or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous or inflammatory or is otherwise inappropriate. Under no circumstances may you "frame" this Web Site or alter its intellectual property or Content in any way. PAI reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with the Web Site and/or these Terms. Neither PAI, the PAI Affiliates, nor BestEver.com are responsible for the content or performance of any portion of the Internet, including any other web sites to which this Web Site may be linked or from which this Web Site may be accessed.
Third Parties
Your dealings or communications through the Web Site with any party other than PAI are solely between you and that third party. Certain areas of the Web Site may allow you to conduct transactions or purchase goods or services. Third-party vendors and partners may conduct these transactions. Under no circumstances will the Website, PAI or the PAI Affiliates be liable for any goods, services, resources or content available throughout such third party dealing or communications, or for any harm related thereto. Please review carefully the third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns, or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
Membership & Registration
Certain areas and/or services offered through the Web Site may require registration or may otherwise ask you to provide information in order to participate in certain features or access certain content. The decision to provide this information is purely optional; however, if you choose not to provide such information, you may not be able to access certain content or features or participate in various areas and/or services offered by the Web Site. You may also provide information to the Web site in other contexts, including, for example, in order to enter a sweepstakes, contest, or promotion. Please note that sweepstakes, contests, or promotions offered via the Web site may be governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain ages or geographic areas. It is your responsibility to read such rules to determine whether or not your participation, registration, and/or entry is valid. When you register or become a member of the Web Site or provide information to the Web site in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages.
If you become a member of the Web Site or any portion thereof, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer, or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access any password protected portion of the Web Site using your name in whole or in part. The Web Site reserves the right to terminate membership and deny access to the Web site to any person, business or entity that violates these Terms.
Fees & Payments
PAI reserves the right at any time to charge fees for access to all or portions of the Web site. However, in no event will you be charged for access to the Web Site or portion thereof unless we obtain your prior agreement to pay such charges. If at any time PAI requires a fee for access to portions of the Web Site that are now free, PAI will give you advance notice of such fees and the opportunity to cancel your account before such charges are imposed. You shall pay all fees and charges incurred through your account at the rate in effect for the billing period in which such fees and charges are incurred, including, without limitation, charges for any products or services offered for sale through the Web Site by PAI or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes related to use of the Web site through your account.
Location
PAI operates this Web Site in the United States of America (USA). Information contained on the Web site may not be appropriate or available for use in other locations, and access to this Web Site from countries or territories where contents of the Web site may be illegal is prohibited. If you access the Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. You may not use the Web site or export the Content in violation of U.S. export laws and/or regulations. These Terms shall be construed and enforced in accordance with the laws of the State of Colorado, without regard to its conflicts of laws principles and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action with respect to the Terms and/or your use of this Web Site must be filed in Douglas County, State of Colorado, within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred.
Violations Of These Terms
PAI will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities. You are advised that PAI will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
Contact Us
For questions or comments regarding these Terms and/or the Web Site, please contact us at comments@bestever.com.
These Terms were last updated on February 18, 2003
© 2003 ProSe Associates, Inc. All rights reserved.