ListBuildingCash.com Web Site Terms
of Use
The List Building Cash Web
Site (the "Site") is an online information service provided by
ListBuildingCash.com ("List Building Cash "), subject to your compliance
with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE
SITE, 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 SITE. List Building Cash MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and
Idea Submissions.
The entire contents of the
Site are protected by international copyright and trademark laws. The
owner of the copyrights and trademarks are List Building Cash, its
affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from the
different areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to List
Building Cash a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to List Building Cash by all
means and in any media now known or hereafter developed. You also grant
to List Building Cash the right to use your name in connection with the
submitted materials and other information as well as in connection with
all advertising, marketing and promotional material related thereto. You
agree that you shall have no recourse against List Building Cash for any
alleged or actual infringement or misappropriation of any proprietary
right in your communications to List Building Cash.
TRADEMARKS.
Publications, products,
content or services referenced herein or on the Site are the exclusive
trademarks or servicemarks of List Building Cash. Other product and
company names mentioned in the Site may be the trademarks of their
respective owners.
2. Use of the Site.
You understand that,
except for information, products or services clearly identified as being
supplied by List Building Cash, List Building Cashdoes not operate,
control or endorse any information, products or services on the Internet
in any way. Except for List Building Cash- identified information,
products or services, all information, products and services offered
through the Site or on the Internet generally are offered by third
parties, that are not affiliated with List Building Cash a. You also
understand that List Building Cash cannot and does not guarantee or
warrant that files available for downloading through the Site will be
free of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any
lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. List
Building Cash PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES
NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND List Building Cash SHALL NOT BE LIABLE FOR
ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. List Building Cash DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL
BE CORRECTED.
YOU UNDERSTAND FURTHER
THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO
SUCH MATERIALS IS AT YOUR RISK. List Building Cash HAS NO CONTROL OVER
AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL List Building Cash BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF List Building Cash OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, List Building Cash LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
List Building Cash
makes no representations whatsoever about any other web site which you
may access through this one or which may link to this Site. When you
access a non-List Building Cash web site, please understand that it is
independent from List Building Cash, and that List Building Cash has no
control over the content on that web site. In addition, a link to a List
Building Cash web site does not mean that List Building Cash endorses or
accepts any responsibility for the content, or the use, of such web
site.
3. Indemnification.
You agree to indemnify,
defend and hold harmless List Building Cash, its officers, directors,
employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful conduct) by
you or any other person accessing the Service.
4. Third Party Rights.
The provisions of
paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the
benefit of List Building Cash and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers
to the Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you on its
own behalf.
5.Term; Termination.
This Agreement may be
terminated by either party without notice at any time for any reason.
The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any termination of
this Agreement.
6.Miscellaneous.
This Agreement shall all
be governed and construed in accordance with the laws of Australia
applicable to agreements made and to be performed in Australia. You
agree that any legal action or proceeding between List Building Cash and
you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in Australia . Any cause of
action or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. List Building Cash's failure
to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement. List Building Cash
may assign its rights and duties under this Agreement to any party at
any time without notice to you.
Any rights not expressly
granted herein are reserved.
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