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Terms of Use for Iggler.com
(v1.0)
Updated 01-01-07
By using our site, you are agreeing to comply with and be bound
by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not use
this site. The term "Iggler," "us" or "our"
refers to Iggler.com. The term "you" refers to the user
or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of
Use Agreement ("Agreement") with respect to our site (the
"Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided
by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from time to time
without specific notice to you. The latest Agreement will be posted
on the Site, and you should review this Agreement prior to using
the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of
any such matters or any part of the Site, except as allowed by Section
4 below, is strictly prohibited. You do not acquire ownership rights
to any content, document or other materials viewed through the Site.
The posting of information or materials on the Site does not constitute
a waiver of any right in such information and materials. Some of
the content on the site is the copyrighted work of third parties.
3. Service Marks.
"Iggler," "Iggler.com," and others are our
service marks or registered service marks or trademarks. Other product
and company names mentioned on the Site may be trademarks of their
respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Site strictly in accordance with this
Agreement; (b) to use the Site solely for internal, personal, non-commercial
purposes; and (c) to print out discrete information from the Site
solely for internal, personal, non-commercial purposes and provided
that you maintain all copyright and other policies contained therein.
No print out or electronic version of any part of the Site or its
contents may be used by you in any litigation or arbitration matter
whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as "Content and
Materials") therein are subject to the following restrictions
and prohibitions on use: You may not (a) copy, print (except for
the express limited purpose permitted by Section 4 above), republish,
display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of
the Site or any Content and Materials retrieved from it; (b) use
the Site or any materials obtained from the Site to develop, of
as a component of, any information, storage and retrieval system,
database, information base, or similar resource (in any media now
existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease,
rental, subscription, or any other commercial distribution mechanism;
(c) create compilations or derivative works of any Content and Materials
from the Site; (d) use any Content and Materials from the Site in
any manner that may infringe any copyright, intellectual property
right, proprietary right, or property right of us or any third parties;
(e) remove, change or obscure any copyright notice or other proprietary
notice or terms of use contained in the Site; (f) make any portion
of the Site available through any timesharing system, service bureau,
the Internet or any other technology now existing or developed in
the future; (g) remove, decompile, disassemble or reverse engineer
any Site software or use any network monitoring or discovery software
to determine the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the Site for
the purpose of gathering information for or transmitting (1) unsolicited
commercial email; (2) email that makes use of headers, invalid or
nonexistent domain names, or other means of deceptive addressing;
and (3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or federal
law regulating email, facsimile transmissions or telephone solicitations;
and (k) export or re-export the Site or any portion thereof, or
any software available on or through the Site, in violation of the
export control laws or regulations of the United States.
6. Forms, Agreements & Documents.
We may make available through the Site or through other Web sites
sample and actual forms, checklists, business documents and legal
documents (collectively, "Documents"). All Documents are
provided on a non-exclusive license basis only for your personal
one-time use for non-commercial purposes, without any right to re-license,
sublicense, distribute, assign or transfer such license. Documents
are provided for a charge and without any representations or warranties,
express or implied, as to their suitability, legal effect, completeness,
currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE
PROVIDED "AS IS," "AS AVAILABLE," AND WITH "ALL
FAULTS," AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM
ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate
for your particular circumstances. Furthermore, state laws may require
different or additional provisions to ensure the desired result.
You should consult with legal counsel to determine the appropriate
legal or business documents necessary for your particular transactions,
as the Documents are only samples and may not be applicable to a
particular situation. Some Documents are public domain forms or
available from public records.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is
not intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained
in or linked to the Site. Your use of information on the Site or
materials linked to the Site is entirely at your own risk. We are
not a law firm and the Site is not a lawyer referral service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do not
remove or obscure, by framing or otherwise, advertisements, the
copyright notice, or other notices on the Site, (b) your site does
not engage in illegal or pornographic activities, and (c) you discontinue
providing links to the Site immediately upon request by us.
9. Advertisers.
The Site may contain advertising and sponsorships. Advertisers
and sponsors are responsible for ensuring that material submitted
for inclusion on the Site is accurate and complies with applicable
laws. We are not responsible for the illegality or any error, inaccuracy
or problem in the advertiser's or sponsor's materials.
10. Registration/Purchase.
Certain sections of, or offerings from, the Site may require you
to register. If registration is requested, you agree to provide
us with accurate, complete registration and/or purchase information.
Your registration must be done using accurate information. Each
registration is for your personal use only. We do not permit (a)
any other person using the registered sections under your name;
or (b) access through a single name being made available to multiple
users on a network. You are responsible for preventing such unauthorized
use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects will
be corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely
or otherwise reliable. We may make changes to the features, functionality
or content of the Site at any time. We reserve the right in our
sole discretion to edit or delete any documents, information or
other content appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be accessible
via links from the Site. We are not responsible for and assume no
liability for any mistakes, misstatements of law, defamation, omissions,
falsehood, obscenity, pornography or profanity in the statements,
opinions, representations or any other form of content on the Site.
You understand that the information and opinions in the third party
content represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect our belief.
Certain Content on this site is copyrighted by external experts,
contributors and bloggers, or other third parties. This content
is provided "as is" without warranty of any kind. Neither
we, nor any data suppliers make any warranty whatsoever as to the
accuracy or completeness of the content or the results to be obtained
from using the information contained therein and neither we nor
any data suppliers will be responsible for any claims attributable
to errors, omissions, or other inaccuracies in the information contained
in the content. The entire risk for the results and performance
of the content is assumed by the user. Further, neither we nor any
of our data suppliers make any representations or warranties, either
express or implied, with respect to the content, including, but
not limited to, the quality, performance, merchantability or fitness
for a particular purpose of the content or any information contained
therein. In no event will we or any data suppliers be liable for
direct, indirect, special, incidental, or consequential damages
arising out of the use of or inability to use the content or for
any loss or damage of any nature caused to any person as a result
of that use.
Material contained in the content may not be duplicated or redistributed
without the prior written consent of us and the copyright holder,
except that one print copy of search output is permitted for use
within the user's organization and that search output may be stored
temporarily in electronic media for editing or reformatting and
subsequent printing of one print copy of search output for internal
use.
Advertising and sponsored links found on content pages from third
party providers are not provided by those content providers and
are not endorsements.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations
of this Agreement and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to
law enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage history,
posted materials, IP addresses and traffic information.
14. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns,
third party suppliers of information and documents, advertisers,
product and service providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense
related to your violation of this Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not transferable or assignable. Any
password or right given to you to obtain information or documents
is not transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE
ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL
FAULTS," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION
17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US
AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT
IS DISCLAIMED.
17. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any
way from (1) any errors in or omissions from the Site or any services
or products obtainable therefrom, (2) the unavailability or interruption
of the Site or any features thereof, (3) your use of the Site, (4)
the content contained on the Site, or (5) any delay or failure in
performance beyond the control of a Covered Party.
(b)(1) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES
IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE
AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED
HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE
IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND
ANY AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy.
All remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission")
will forever be our property. We will not be required to treat any
Submission as confidential, and will not be liable for any ideas
(including without limitation, product, service or advertising ideas)
and will not incur any liability as a result of any similarities
that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all present
and future existing rights to the Submission of every kind and nature
everywhere. We will be entitled to use the Submission for any commercial
or other purpose whatsoever, without compensation to you or any
other person sending the Submission. You acknowledge that you are
responsible for whatever material you submit, and you, not us, have
full responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise certain third-party product
or service providers ("Merchants") from which you may
purchase certain goods or services. You understand that we do not
operate or control the products or services offered by Merchants.
Merchants are responsible for all aspects of order processing, fulfillment,
billing and customer service. We are not a party to the transactions
entered into between you and Merchants. You agree that use of or
purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on any Merchant
sites. We are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors and
neither party has authority to make any representations or commitments
on behalf of the other.
21. Privacy Policy.
Our Privacy Policy, as it may
change from time to time, is a part of this Agreement.
22. Payments.
You represent and warrant that if you are purchasing something
from us or from Merchants that (i) any credit information you supply
is true and complete, (ii) charges incurred by you will be honored
by your credit card company, and (iii) you will pay the charges
incurred by you at the posted prices, including any applicable taxes.
23. Securities Laws.
The Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and
demand for our products or services, as well as our intentions,
plans and objectives (particularly with respect to product and service
offerings), that are forward-looking statements. These statements
are based upon a number of assumptions and estimates which are subject
to significant uncertainties, many of which are beyond our control.
When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks,"
"plans," "intends," "will" and similar
expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not
constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended
to be, and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
24. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such Web sites,
and such Web sites are not investigated, monitored or checked for
accuracy or completeness by us. Inclusion of any linked Web site
on our Site does not imply approval or endorsement of the linked
Web site by us. If you decide to leave our Site and access these
third-party sites, you do so at your own risk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you
to do the same. If you believe that your work has been copied in
a way that constitutes copyright infringement, please provide our
Copyright Agent the following information:
a. An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been
infringed;
c. A description of where the material that you claim is infringing
is located on the Site;
d. Your address, telephone number, and email address;
e. 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; and
f. A statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement
on the Site can be reached by directing an e-mail to the Copyright
Agent.
26. Information and Press Releases.
The Site contains information and press releases about us. We disclaim
any duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided
or endorsed by us.
27. Legal Compliance.
You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of
the Site and the Content and Materials provided therein.
28. Refund and Return Policy.
To the extent that you purchase any goods or services directly
from us, we will refund you your purchase price within 30 days of
you notifying us in writing of your desire for the refund, together
with the reason for the request, with the product or service returned
to us in substantially the same condition as when purchased. Please
note, however, that certain products and services mentioned on our
site are sold by third parties or are linked to third party Web
sites, and we have no responsibility or liability for those products
or services.
29. eBooks
The information contained within any of our purchased eBooks is
provided on a information basis only and is used at your own risk.
This includes, but is not limited to; facts, figures, suggestion,
external links, third parties etc. Neither can Iggler.com guarantee
that any ebook contains up-to-date information and prices, as these
are only relevant 'at the time of writing'. Whilst care has been
taken to ensure the accuracy of any ebook Iggler can not be held
responsible for any errors due to time, local changes, new laws,
third parties etc.
30. Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in Mississippi, and shall be governed by and construed
in accordance with the laws of the State of Mississippi (without
regard to conflict of law principles). Any cause of action by you
with respect to the Site (and/or any information, Documents, products
or services related thereto) must be instituted within one (1) year
after the cause of action arose or be forever waived and barred.
All actions shall be subject to the limitations set forth in Section
16 and Section 17. The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against any party.
Any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in interpreting
this Agreement. This Agreement and all incorporated agreements and
your information may be automatically assigned by us in our sole
discretion to a third party in the event of an acquisition, sale
or merger. If any provision of this agreement is held illegal, invalid
or unenforceable for any reason, that provision shall be enforced
to the maximum extent permissible, and the other provisions of this
Agreement shall remain in full force and effect. If any provision
of this Agreement is held illegal, invalid or unenforceable, it
shall be replaced, to the extent possible, with a legal, valid,
and unenforceable provision that is similar in tenor to the illegal,
invalid, or unenforceable provision as is legally possible. To the
extent that anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not
be deemed a waiver of such provision nor of the right to enforce
such provision. Our rights under this Agreement shall survive any
termination of this Agreement. The title, headings and captions
of this Agreement are provided for convenience only and shall have
no effect on the construction of the terms of this agreement.
31. Arbitration.
Any legal controversy or legal claim arising out of or relating
to this Agreement or our services, excluding legal action taken
by us relating to Site operations and/or intellectual property,
shall be settled solely by confidential binding arbitration in accordance
with the commercial arbitration rules of JAMS applicable at the
time the arbitration commences. The arbitration shall be conducted
in Mississippi. Each party shall bear its own attorneys' fees. Each
party shall bear one-half of the arbitration fees and costs incurred
through JAMS.