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JConners.com Terms of
Use
PLEASE READ THESE TERMS
OF USE CAREFULLY BEFORE USING THIS SITE.
By using the JConners.com
World Wide Web site, you agree to follow
and be bound by these terms of use and
agree to comply with all applicable laws
and regulations. If you do not agree to
these terms of use, please do not use
this Site. We may revise these terms of
use at any time without notice to you.
If you have any questions about these
terms of use, please contact us by E-MAIL.
Please also refer to
the JConners.com Privacy Policy, which
is incorporated by reference herein.
1. Ownership. This Site
(JConners.com) is owned and operated by
Global Data Mining, LLC and Jay Conners.
All right, title and interest in and to
the materials provided on this Site, including
but not limited to information, documents,
logos, graphics, sounds, and images (the
"Materials") are owned either
by Global Data Mining, LLC, Jay Conners,
or by its respective third party authors,
developers, or vendors ("Third Party
Providers"). Except as otherwise
expressly provided by Global Data Mining,
LLC none of the Materials may be copied,
reproduced, republished, downloaded, uploaded,
posted, displayed, transmitted, or distributed
in any way and nothing on this Site shall
be construed to confer any license under
any of Global Data Mining’s and Jay Conners
's intellectual property rights, whether
by estoppel, implication, or otherwise.
Please contact us by E-MAIL if you have
any questions about obtaining such licenses.
JConners.com does not sell, license, lease
or otherwise provide any of the Materials
other than those specifically identified
as being provided by Global Data Mining,
LLC. Any rights not expressly granted
herein are reserved by Global Data Mining,
LLC.
2. Limited Permission
to Use Materials. Global Data Mining,
LLC hereby grants you permission to use,
view, copy and print the Materials on
any single, stand-alone computer solely
for your personal, informational, non-commercial
use and provided that (i) the copyright
notice appearing at paragraph 12 below
and the trademark notice appearing at
paragraph 13 below appears in the Materials,
(ii) the Materials are not used on any
other Web site or in a networked computer
environment and (iii) the Materials are
not modified in any way. This permission
terminates automatically without notice
if you breach any of these terms or conditions.
Upon termination, you will immediately
destroy any downloaded or printed Materials.
Any unauthorized use of any Materials
contained on this Site may violate copyright
laws, trademark laws, the laws of privacy
and publicity and communications regulations
and statutes.
3. Links to Third Party
Sites . This Site may contain links to
Web sites controlled by parties other
than Global Data Mining, LLC (the "Third
Party Sites"). JConners.com is not
responsible for and does not endorse or
accept any responsibility for the availability,
the contents or use of the Third Party
Sites or any Web site accessed from a
Third Party Site, or any changes or updates
to such sites. JConners.com is not responsible
for webcasting or any other form of transmission
received from any Third Party Site. JConners.com
is providing these links to you only as
a convenience, and the inclusion of any
link does not imply endorsement by JConners.com
of the Third Party Site.
You acknowledge that
you bear all risks associated with access
to and use of content provided on Third
Party Sites and agree that JConners.com
is not responsible for any loss or damage
of any sort you may incur from dealing
with a third party. You should contact
the site administrator for the applicable
Third Party Site if you have any concerns
regarding such links or the content located
on a Third Party Site.
4. Rights and Responsibilities
of JConners.com:
Although it cannot make
an absolute guarantee of system security,
JConners.com takes reasonable steps to
maintain security. If you have reason
to believe system security has been breached,
contact us by E-MAILfor help.
If the JConners.com
technical staff finds that files or processes
belonging to a member pose a threat to
the proper technical operation of the
system or to the security of other members,
JConners.com reserves the right to delete
those files or to stop those processes.
If the JConners.com technical staff suspects
an account is being used by someone who
is not authorized by the account holder,
JConners.com may temporarily disable that
account in order to preserve system security.
In all such cases, JConners.com will contact
the member as soon as feasible.
JConners.com reserves
the right to refuse service to anyone
and to cancel an account at any time.
5. Rights and Responsibilities
of JConners.com Members:
Since the law as to
jurisdiction of online systems is unsettled,
we urge you to consider the possible effect
of laws outside Global Data Mining, LLC
locality or your own residence. JConners.com
is open to members worldwide (and works
published on the World Wide Web, Usenet,
or other such services are accessible
to anyone on the Internet), and JConners.com
cannot guarantee that you won't run into
legal trouble from other jurisdictions
over your works.
Your Rights and Responsibilities
as a JConners.com Member
You are not required
to provide your real name when signing
up as a member of JConners.com. JConners.com
permits anonymous or pseudonymous accounts.
Any member may request that such member’s
e-mail address be hidden to provide for
additional privacy.
6. NO WARRANTY . THE
SITE AND ALL MATERIALS PROVIDED ON THE
SITE ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. TO
THE FULLEST EXTENT PERMITTED BY LAW, MARKETINGPROFS,
LLC EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GLOBAL DATA MINING,
LLC MAKES NO WARRANTY THAT: (A) THE SITE
OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;
(B) THE SITE OR THE MATERIALS WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE
SITE, OR ANY MATERIALS OFFERED THROUGH
THE SITE, WILL BE ACCURATE OR RELIABLE;
OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SITE OR
IN RELIANCE ON THE MATERIALS WILL MEET
YOUR EXPECTATIONS.
ANY MATERIALS OBTAINED
THROUGH THE USE OF THE SITE IS DONE AT
YOUR OWN DISCRETION AND RISK. GLOBAL DATA
MINING, LLC SHALL HAVE NO RESPONSIBILITY
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION
OR SOFTWARE.
7. LIMITATION OF LIABILITY
. IN NO EVENT SHALL MARKETINGPROFS, LLC,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS
OF BUSINESS, REVENUE, PROFITS, USE, DATA
OR OTHER ECONOMIC ADVANTAGE), HOWEVER
IT ARISES, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, OR
ARISING OUT OF OR IN CONNECTION WITH THE
USE OR INABILITY TO USE THIS SITE OR MATERIALS
AVAILABLE FROM THIS SITE, EVEN IF JCONNERS.COM
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. IF YOUR USE OF MATERIALS
FROM THIS SITE RESULTS IN THE NEED FOR
SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
8. Indemnification .
You agree to defend, indemnify and hold
harmless Global Data Mining, LLC, its
officers, directors, shareholders, employees
and agents from and against any and all
claims, liabilities, damages, losses or
expenses, including reasonable attorneys'
fees and costs, arising out of or in any
way connected with your access to or use
of the Site and the Materials.
9. Unsolicited Submissions.
Global Data Mining, LLC does not want
you to submit confidential or proprietary
information to it through this Site, without
first contacting Global Data Mining. All
comments, feedback, information or material
submitted to MarketingProfs through or
in associate with this Site shall be considered
non-confidential and Global Data Mining,
LLC property, unless otherwise set forth
herein or agreed to by Global Data Mining
in writing.
10. Compliance with
Laws . You may not access, download, use
or export the Site or Materials in violation
of United States Federal or state laws
or regulations, or in violation of any
other applicable laws or regulations.
Any such violation is expressly against
these terms of use and you must cease
from using this Site immediately.
11. Children . Minors
are not eligible to use the Site, and
we ask that they do not submit any personal
information to us.
12. Governing Law; Venue
. By using this Site, you expressly agree
that your rights and obligations shall
be governed by and interpreted in accordance
with the laws of the State of California
, excluding its choice of law rules. Any
legal action or proceeding relating to
your access to or sue of the Site or Materials
shall be instituted in a state or federal
court in Delaware. You and Global Data
Mining, LLC agree to submit to the jurisdiction
of, and agree that venue is proper in,
these courts in any such legal action
or proceeding. These terms of use expressly
exclude and disclaim the terms of the
U.N. Convention on Contracts for the International
Sale of Goods, which shall not apply to
any transaction conducted through or otherwise
involving this Site.
13. Copyrights . All
Site design, text, graphics, the selection
and arrangement thereof, Copyright © 2005,
Global Data Mining, LLC. ALL RIGHTS RESERVED.
14. Trademarks. JConners.com,
all images and text, and all page headers,
custom graphics and button icons on the
Site are service marks, trademarks, and/or
trade dress of Global Data Mining, LLC
and Jay Conners. All other trademarks,
product names and company names or logos
cited herein are the property of their
respective owners.
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