TERMS AND CONDITIONS OF USE
This Web Site Agreement (the "Agreement") is between
you and www.e-spysoftware.com
("Company"). You may contact the Company at
info@e-spysoftware.com.
Use of this Web site (the "Web Site") signifies your
agreement to the terms and conditions of use set forth below
in the Agreement. .
A. Agreement to Terms. You acknowledge that you have read
the terms and conditions of use and that you accept the terms
thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEB SITE. If you do not agree to
these terms and conditions of use, you may not access or
otherwise use this Web Site.
B. Use of Information. Company may monitor your use of this
Web Site, and may freely use and disclose any information and
materials received from you or collected through your use of
the Web Site for any lawful reason or purpose, consistent with
the Privacy Statement posted on this Web Site.
C. Modification of Agreement. Company reserves the right, at
its sole discretion, to change, modify, add or remove any
portion of this Agreement, in whole or in part, at any time.
Notification of changes in the Agreement will be posted on the
Web Site. Use of the Web Site after such notice will be
considered an agreement to be bound by any such changes. You
should review this page from time to time to read any
changes.
D. Copyright Protection and Use of Company Information or
Web Site. The Web Site is protected by copyright as a
collective work and/or compilation, pursuant to U.S. copyright
laws, international conventions, and other copyright laws. The
contents of the Web Site are only for your personal use. All
materials contained on the Web Site are protected by copyright,
and are owned or controlled by Company or the party credited as
the provider of the Content. You will abide by any and all
additional copyright notices, information, or restrictions
contained in any Content on the Web Site. Company does,
however, invite you to make a single copy of information
published on the Web Site for your personal, non-commercial use
provided that you maintain all copyright and other notices
contained in such Content. Otherwise, copying or storing of any
Content for other than personal, noncommercial use is expressly
prohibited without the prior written permission from Company or
the copyright holder identified in the individual Contents
copyright notice. Company names, logos, and trademarks may not
be otherwise used by you in any manner without the prior
written consent of Company.
E. Right to Change Web Site. Company may change, suspend or
discontinue any aspect of the Web Site at any time, including
the price and availability of any product, Web Site feature,
database, or Content. Company may also impose limits on certain
features and services or restrict your access to parts or all
of the Web Site without notice or liability. Company reserves
the right, in its sole discretion, to refuse service or cancel
orders.
F. Your Warranties to Company. You represent, warrant and
covenant that: (a) you shall not upload, post or transmit to or
distribute or otherwise publish through the Web Site any
materials which (i) restrict or inhibit any other user from
using and enjoying the Web Site, (ii) are unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar,
offensive, pornographic, profane, sexually explicit or
indecent, (iii) constitute or encourage conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate law, (iv) violate, plagiarize or infringe the
rights of third parties including, without limitation,
copyright, trademark, patent, rights of privacy or publicity or
any other proprietary right, (v) contain a virus or other
harmful component (vi) contain any information, software or
other material of a commercial nature, (vii) contain
advertising of any kind, or (viii) constitute or contain false
or misleading indications of origin or statements of fact; (b)
that you are at least eighteen (18) years old; and (c) that you
shall not use, access, or modify this Web Site, any of its
content or any of the information or data transmitted through
the Web Site for any purpose or in any manner not expressly
authorized by these Terms and Conditions of Use.
work-at-home-reviews.com reserves the right to pursue any and
all civil and criminal remedies for any breach of the
warranties contained herein.
G. Information on Children. Company does not seek to gather
personal information from or about persons under the age of 18
through the Web Site and persons under the age of 18 are
requested not to provide personal information to Company
through the Web Site without the involvement of a parent or
guardian.
H. Indemnification for Your Breach of Agreement. You hereby
agree to indemnify, defend and hold Company, and all its
officers, directors, owners, agents, employees, information
providers, affiliates, licensors and licensees (collectively,
the "Indemnified Parties') harmless from and against any and
all liability and costs incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you of
the Agreement or the foregoing representations, warranties and
covenants, including, without limitation, attorneys fees and
costs. You shall cooperate as fully as reasonably required in
the defense of any claim. Company reserves the right, at its
own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you and you
shall not in any event settle any matter without the written
consent of Company. The maximum liability collectively of the
Indemnified Parties shall not exceed One Hundred Dollars ($100)
for any damages of any nature, including gross negligence,
arising in contract or tort or otherwise.
I. No Responsibility for Links. The Web Site contains links
and pointers to the other related World Wide Web Internet
sites, resources, and sponsors of the Web Site. Links to and
from the Web Site to other third party sites, whether
maintained by third parties or by Company, do not constitute an
endorsement or representation of the accuracy by Company or any
of its subsidiaries or affiliates of any third party resources,
or their contents or the conditions respecting the use thereof.
Such links do not constitute sponsorship, endorsement,
adoption, or approval of such web sites or their contents by
Company. You are responsible for determining the conditions of
use and taking protective measures against viruses when
accessing any linked sites.
J. User Postings. Company does not and cannot review all
materials posted to the Web Site by users, and Company is not
responsible for any such materials posted by users. However,
Company reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or
government request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, that in
Company's sole discretion are objectionable or in violation of
this Agreement.
K. No Warranty as to Information. Company does not represent
or endorse the accuracy, completeness or reliability of any
product description, price, statement, text, graphics, links or
other information displayed or distributed through the Web
Site, including those of its affiliates and subsidiaries
(collectively "Web Site"). You acknowledge that any reliance
upon any such statement, memorandum, or information shall be at
your sole risk and responsibility. Company reserves the right,
in its sole discretion, to correct any errors or omissions in
any portion of the Web Site. If a product recommended is not as
described, the Company assumes no responsibility and You agree
to hold Company harmless..
L. NO WARRANTY. THE WEB SITE, INCLUDING ALL CONTENT,
SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE
ON OR ACCESSED THROUGH THE COMPANY WEB SITE, IS PROVIDED "AS
IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS
SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR
WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB
SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE
ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE
COMPANY WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT
LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED
WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB
SITE OR ANY LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES
AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LMTATION, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS
OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY WEB
SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. COMPANY ASSUMES NO RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY
INFECT, A VISITOR'S COMPUTER EQUIPMENT OR OTHER PROPERTY ON
ACCOUNT OF A VISITOR'S ACCESS TO, USE OF, BROWSING IN, OR
DOWNLOADING OF ANYTHING FROM, THE WEB SITE. COMPANY AND ITS
SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND
ANY ERRORS CONTAINED THEREIN.
M. NO AWARD OF DAMAGES AGAINST COMPANY. IN NO EVENT SHALL
COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES
ARISING OUT OF THE USE OF THIS WEB SITE OR ANY LINKED WEB SITE.
THIS INCLUDES WITHOUT LIMITATION LOST PROFITS, BUSINESS
INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER PROGRAMS, OR
INFORMATION SYSTEM, OR THE LOSS OF ANY INFORMATION OR DATA.
N. Use of Your Information. Except as provided otherwise in
Company's Privacy Statement posted on this Web Site, by posting
messages, uploading files, inputting data or engaging in any
other form of communication (individually or collectively
"Communications') to the Web Site, you hereby grant to Company
a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty free license to use, copy, license,
sublicense, adapt, distribute, display, publicly perform,
reproduce, transmit, modify, edit and otherwise exploit such
Communications, in all media now known or hereafter developed.
You hereby waive all rights to any claim against Company for
any alleged or actual infringements of any proprietary rights,
rights of privacy and publicity, moral rights, and rights of
attribution in connection with such Communications. Any visitor
to the Web Site transmitting or providing information to
Company via E-mail or otherwise agrees that Company has
unlimited rights to such information and that Company may treat
such information as non-confidential and non-proprietary and
may use such information in any way Company chooses without
compensation or acknowledgement of its source, except as
otherwise restricted by applicable law.
O. No Confidential Information. Except as provided otherwise
in Company's Privacy Statement with respect to certain personal
data and financial information, you acknowledge that
transmission to and from this Web Site is not confidential and
your Communications may be read or intercepted by others. You
acknowledge that by submitting Communications to Company, no
confidential, fiduciary, contractually implied or other
relationship is created between you and Company other than
pursuant to this Agreement.
P. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO,
WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND
EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT
OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE
OR FEDERAL COURT LOCATED IN THE STATE OF OHIO VENUE SHALL BE
LIMITED TO MONTGOMERY COUNTY, OHIO
Q. Entire Agreement. This Agreement and the Privacy
Statement constitutes the entire agreement between Company and
you with respect to your use of the Web Site. Any cause of
action you may have with respect to your use of the Web Site
must be commenced within one (1) year after the claim or cause
of action arises. If for any reason a court of competent
jurisdiction finds any provision of the Agreement, or portion
thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of
the Agreement, and the remainder of this Agreement shall
continue in full force and effect. Company disclaims any and
all responsibility for content contained in any third party
materials provided through links from the Web Site. Use of
paragraph headings is for information purposes and do not
expand or limit the terms of the paragraphs.
R. Dispute Resolution. Except for the right of either party
to apply to a court of competent jurisdiction for injunctive
relief, any controversy or claim arising out of or relating to
this Agreement, other than as to ownership or title to
intellectual property rights in the proprietary information of
Company, shall be settled by arbitration in Surprise, Arizona,
in accordance with the Commercial Arbitration Rules of the
American Arbitration Association, and judgment upon the award
rendered by the arbitrators may be entered in any court having
jurisdiction thereof. Arbitration shall be conducted by a panel
of three members, Company and you each selecting one member and
the third member, who shall be chairperson, selected by
agreement between the other two members. The chairperson shall
be an attorney-at-law, and the other members shall have a
background or training in computer law, computer science, or
marketing of computer products. The arbitrators shall have the
authority to grant injunctive relief in a form substantially
similar to that which would otherwise be granted by a court of
law. If an arbitrator lawfully awards damages to you, such
damages shall not exceed one hundred dollars ($100).
S. Risk of Loss. Company has no responsibility for loss or
damage or guarantees of products purchased from third-parties
represented on Website.
Reviewed 4/29/2008
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