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Welcome to www.CleanMessage.com. We maintain this web
site as a service to our customers. By using www.CleanMessage.com,
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 review
information or obtain goods or products from www.CleanMessage.com.
1. Acceptance of Agreement. You agree to the terms
and conditions outlined in this Terms of Use Agreement
(“Agreement”) with respect to www.CleanMessage.com. 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
www.CleanMessage.com, the content, products or services provided by
or through www.CleanMessage.com, 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 www.CleanMessage.com, and you should
review this Agreement prior to using www.CleanMessage.com.
2. Copyright. The content, organization, graphics,
design, compilation, magnetic translation, digital conversion
and other matters related to www.CleanMessage.com 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 www.CleanMessage.com, except as allowed by
Section 4, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed
through www.CleanMessage.com. The posting of information or materials
on www.CleanMessage.com does not constitute a waiver of any right in
such information and materials.
3. Trademarks. www.CleanMessage.com and
others are either trademarks or registered trademarks of
Advancing Data Resources, Inc. Other product and company names
mentioned on www.CleanMessage.com may be trademarks of their
respective owners.
4. Limited Right to Use. The viewing, printing or
downloading of any content, graphic, form or document from
www.CleanMessage.com grants you only a limited, nonexclusive license
for use solely by you for your own personal use and not for
republication, distribution, assignment, sublicense, sale,
preparation of derivative works or other use. No part of any
content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic
or mechanical, other than for your personal use (but not for
resale or redistribution).
5. Editing, Deleting and Modification. We reserve
the right in our sole discretion to edit or delete any
documents, information or other content appearing on
www.CleanMessage.com.
6. Indemnification. You agree to indemnify, defend
and hold us and our partners, attorneys, staff and affiliates
(collectively, “Affiliated Parties”) harmless from any
liability, loss, claim and expense, including reasonable
attorney’s fees, related to your violation of this Agreement or
use of www.CleanMessage.com.
7. Nontransferable. Your right to use
www.CleanMessage.com is not transferable. Any password or right given
to you to obtain information or documents is not transferable.
8. Disclaimer and Limits. THE INFORMATION FROM OR
THROUGH www.CleanMessage.com ARE PROVIDED “AS-IS,” “AS AVAILABLE,”
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. 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 OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. www.CleanMessage.com AND THE INFORMATION WOULD
NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH www.CleanMessage.com 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 THE FORM
OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT
MAY RESULT FROM USE OF OR INABILITY TO USE www.CleanMessage.com. OUR
MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL
TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR
INFORMATION.
9. 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.
10. Third-Party Services. We allow access to or
advertise third-party merchant sites (“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 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
www.CleanMessage.com.
11. Third-Party Merchant Policies. All rules,
policies (including privacy policies) and operating procedures
of Merchants will apply to you while on such 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.
12. Privacy Policy. Our Privacy Policy, as it may
change from time to time, is a part of this Agreement.
13. 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.
14. Securities Laws. www.CleanMessage.com 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, 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 www.CleanMessage.com, words like
“anticipates,” “expects,” “believes,” “estimates,” “seeks,”
“plans,” “intends” and similar expressions are intended to
identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements.
www.CleanMessage.com 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.
15. Links to other Web Sites. www.CleanMessage.com
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 www.CleanMessage.com does not imply approval or endorsement of the
linked Web site by us. If you decide to leave www.CleanMessage.com
and access these third-party sites, you do so at your own risk.
16. 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 www.CleanMessage.com;
(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 www.CleanMessage.com is service@cleanmessage.com who can
be reached by E-mail:
17. Refund Policy. If a product purchased by you
proves to be defective or not to your reasonable satisfaction,
you can cancel the service within 15 days of receipt. In such
event, we will provide you a credit for other purchases on
www.CleanMessage.com (less shipping and handling charges incurred).
This Section 17 sets forth your sole and exclusive right to
refund and return.
18. Information and Press Releases.
www.CleanMessage.com contains information and press releases about
us. While this information was believed to be accurate as of the
date prepared, 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.
19. Miscellaneous. This Agreement shall be treated
as though it were executed and performed in Phelan, California,
and shall be governed by and construed in accordance with the
laws of the State of California (without regard to conflict of
law principles). Any cause of action by you with respect to
www.CleanMessage.com (and/or any information, 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
8 and Section 10. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or
against either party. All legal proceedings arising out of or in
connection with this Agreement shall be brought solely in
Victorville, California. You expressly submit to the exclusive
jurisdiction of said courts and consents to extra-territorial
service of process. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall
remain in full force and effect. To the extent that anything in
or associated with www.CleanMessage.com 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.
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