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1. ACCEPTANCE OF TERMS
Welcome to Advicebox. Advicebox provides its service to you, subject
to the following Terms of Service ("TOS"), which may be
updated by us from time to time without notice to you. You can review
the most current version of the TOS at any time at: http://www.advicebox.com/tos.htm
. In addition, when using particular Advicebox services, you and
Advicebox shall be subject to any posted guidelines or rules applicable
to such services which may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into the
TOS.
2. DESCRIPTION OF SERVICE
Advicebox currently provides users with access to a rich collection
of resources, including, various communications tools, forums, shopping
services, personalized content and branded programming through its
network of properties (the "Service"). You also understand
and agree that the Service may include advertisements and that these
advertisements are necessary for Advicebox to provide the Service.
Unless explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of new Advicebox
properties, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that Advicebox
assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that
access may involve third party fees (such as Internet service provider
or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment
necessary to access the Service.
Please be aware that Advicebox has created certain areas on the
Service that contain adult or mature content. You must be at least
18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a)
provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or Advicebox has reasonable grounds to
suspect that such information is untrue, inaccurate, not current
or incomplete, Advicebox has the right to suspend or terminate your
account and refuse any and all current or future use of the Service
(or any portion thereof)
4. ADVICEBOX PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy
policy at http://www.Advicebox.com/privacy.htm
.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Member's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You
agree to (a) immediately notify Advicebox of any unauthorized use
of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session.
Advicebox cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content
originated. This means that you, and not Advicebox, are entirely
responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. Advicebox does not
control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will Advicebox be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited
to, an Advicebox official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or
entity;
d. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
f. upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping rooms) that are designated
for such purpose;
h. upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to
engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that Advicebox does not pre-screen Content, but
that Advicebox and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content
that is available via the Service. Without limiting the foregoing,
Advicebox and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by Advicebox
or submitted to Advicebox, including without limitation information
in Advicebox Message Boards, and in all other parts of the Service.
You acknowledge and agree that Advicebox may preserve Content and
may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to:
(a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of Advicebox,
its users and the public. You understand that the technical processing
and transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States
or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Advicebox does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly accessible
areas of the Service, you grant Advicebox the following world-wide,
royalty free and non-exclusive license(s), as applicable: "Publicly
accessible" areas of the Service are those areas of the Advicebox
that are intended by Advicebox to be available to the general public.
By way of example, publicly accessible areas of the Service would
include the Advicebox Guestbook. However, publicly accessible areas
of the Service would not include portions of Advicebox that are
limited to members.
9. INDEMNITY
You agree to indemnify and hold Advicebox, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Advicebox may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that email messages, message board postings
or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an
account on the Service, the maximum size of any email message that
may be sent from or received by an account on the Service, the maximum
disk space that will be allotted on Advicebox's servers on your
behalf, and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period of time.
You agree that Advicebox has no responsibility or liability for
the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You acknowledge
that Advicebox reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that Advicebox
reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Advicebox reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that Advicebox
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
You agree that Advicebox, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if Advicebox believes
that you have violated or acted inconsistently with the letter or
spirit of the TOS. Advicebox may also in its sole discretion and
at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access
to the Service under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that Advicebox may immediately
deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files
or the Service. Further, you agree that Advicebox shall not be liable
to you or any third-party for any termination of your access to
the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree
that Advicebox shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Advicebox has no
control over such sites and resources, you acknowledge and agree
that Advicebox is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge
and agree that Advicebox shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
16. ADVICEBOX'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by Advicebox or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software,
in whole or in part. Advicebox grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its
Software on a single computer; provided that you do not (and do
not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You
agree not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through
the interface that is provided by Advicebox for use in accessing
the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ADVICEBOX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. ADVICEBOX MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM ADVICEBOX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ADVICEBOX SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF ADVICEBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request
any news, messages, alerts or other information from the Service
concerning companies, stock quotes, investments or securities, please
read the above Sections 17 and 18 again. They go doubly for you.
In addition, for this type of information particularly, the phrase
"Let the investor beware" is apt. The Service is provided
for informational purposes only, and no Content included in the
Service is intended for trading or investing purposes. Advicebox
and its licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted or made
available via the Service, and shall not be responsible or liable
for any trading or investment decisions made based on such information.
21. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally
on the Service.
22. TRADEMARK INFORMATION
Advicebox, the Advicebox logo, and other Advicebox logos and product
and service names are trademarks of NoDeception, LLC. (the "Advicebox
Marks"). Without Advicebox's prior permission, you agree not
to display or use in any manner, the Advicebox Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
Advicebox respects the intellectual property of others, and we
ask our users to do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement, or
your intellectual property rights have been otherwise violated,
please provide Advicebox's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual
property interest;2. a description of the copyrighted work or other
intellectual property that you claim has been infringed; 3. a description
of where the material that you claim is infringing is located on
the site;4. your address, telephone number, and email address; 5.
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;6. a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on
the copyright or intellectual property owner's behalf. Advicebox's
Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By mail: Advicebox Legal, P.O. Box 15253, San Luis Obisp, CA 93406
By email: support@advicebox.com
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Advicebox
and govern your use of the Service, superceding any prior agreements
between you and Advicebox. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the relationship
between you and Advicebox shall be governed by the laws of the State
of California without regard to its conflict of law provisions.
You and Advicebox agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of San Luis
Obispo, California. The failure of Advicebox to exercise or enforce
any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The section
titles in the TOS are for convenience only and have no legal or
contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to Advicebox
Customer Service.
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