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Web Site Agreement / Terms of Use
www.FindHotMarkets.com Web Site (the "Site")
is an online information service provided by
(the "Owner") and your usage is 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.
www.FindHotMarkets.com 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 is
and any associates 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 the Owner 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 FindHotMarkets.com by all means and in
any media now known or hereafter developed. You
also grant to the Owner 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
the Owner for any alleged or actual infringement
or misappropriation of any proprietary right in
your communications to FindHotMarkets.com.
TRADEMARKS.
Publications, products, content or services referenced
herein or on the Site are the exclusive trademarks
or servicemarks of the Owner. 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 the Owner, the Owner does not operate, control
or endorse any information, products or services
on the Internet in any way. Except for FindHotMarkets.com-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 www.FindHotMarkets.com.
You also understand that www.FindHotMarkets.com
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. www.FindHotMarkets.com
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 www.FindHotMarkets.com 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. www.FindHotMarkets.com 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 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. www.FindHotMarkets.com
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.FindHotMarkets.com 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
www.FindHotMarkets.com 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, THE OWNER'S LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
www.FindHotMarkets.com 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-www.FindHotMarkets.com
web site, please understand that it is independent
from www.FindHotMarkets.com, and that the Owner
has no control over the content on that web site.
In addition, a link to a www.FindHotMarkets.com
web site does not mean that www.FindHotMarkets.com
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
www.FindHotMarkets.com, 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 attorney 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 Site),
and 3 (Indemnification) are for the benefit of www.FindHotMarkets.com
and its owners, officers, directors, employees,
agents, licensors, suppliers, and any third party
information providers to the Site. Each of these
individuals or entities shall have the right to
assert and enforce those provisions directly against
you on their 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 Site), 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 this agreement. You agree that any legal action
or proceeding between the Owner 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 Site must be commenced
within one (1) year after the claim or cause of
action arises or such claim or cause of action is
barred. Failure by the site owner 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. The
Owner may assign his 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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