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TERMS AND
CONDITIONS ("the Terms of Use")
You should carefully read the Terms of Use before
using Our Site. By using Our Site, you agree to be bound
by the Terms of Use. This is a legally binding agreement.
If you do not agree with the Terms of Use you should not
use Our Site.
1. We agree to provide you access to Our Site
in accordance with the Terms of Use.
2. You agree to use Our Site in a manner consistent
with any and all applicable rules and regulations.
3. You accept that Our Site is provided on an "as
is, as available" basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US
ON OUR SITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE
FOR SPECIFIC ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE
TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY
YOU OR BY US BY THE SENDING OF NOTICE TO THE OTHER PARTY.
6. WE MAY FOR MARKETING PURPOSES COLLECT, PROCESS
AND TRANSMIT DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE
OF YOUR ACCESSING OUR SITE.
7. You are authorized to download one copy of
the material on our Site on one computer for your personal,
non-commercial use only but you may not in so doing remove
or amend any trademark, copyright or other proprietary notice.
8. Subject to the above, you may not modify,
copy, distribute, republish or upload any of the material
on our Site without our prior consent in writing. No intellectual
property or other rights shall be transferred to you.
9. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND
CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES
OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT
LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS,
LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY,
CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER,
EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF
THIS OUR SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU
ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES
FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
10. Where we provide hypertext links to other
sites we do so for information purposes only, and such links
are not endorsements by us of any products or services in
such sites and we accept no liability nor make any endorsement
or approval of the same.
11. The Terms of Use contain the entire understanding
between us with respect of Our Site and no representation,
statement, inducement oral or written, not contained herein
shall bind either of us.
12. Should any part of the Terms of Use be declared
invalid or unenforceable by a court of competent jurisdiction,
this shall not affect the validity of any remaining portion
and such remaining portion shall remain in full force and
effect as if the invalid portion of the Terms of Use had
been eliminated.
13. This Agreement is governed by the laws of
the State of Alabama, without regard to principles of conflict
of laws.
To the extent you have in any manner violated
or threatened to violate Niche Affiliate Marketing Systems, Inc.
and/or its affiliates' intellectual property rights, Niche Affiliate Marketing Systems, Inc.
and/or its affiliates may seek injunctive or other appropriate
relief in any state or federal court in the State of Alabama,
and you consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we
agree to first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Decatur,
Alabama. Any costs and fees other than attorney fees associated
with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit
the dispute to binding arbitration at the following location:
Decatur, Alabama under the rules of the American Arbitration
Association. Judgment upon the award rendered by the arbitration
may be entered in any court with jurisdiction to do so.
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