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LEGAL
INFORMATION
Legal Notice
LEGAL
NOTICE: CDS-2-GO PROVIDES THIS SITE AND RELATED SERVICES SUBJECT
TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH
BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY: Copyright
2005 CDs-2-GO, Inc. All Rights Reserved.
All
pages within this Internet site ("Site") are the property
of CDs-2-GO, Inc. Permission (which may be revoked at any
time) is granted to download the material in this Site without
alterations and for private and non-commercial use only so
long as the following copyright notice is included: Copyright
2005, CDs-2-GO, Inc. All Rights Reserved.
"CDs-2-GO,"
the "CDs-2-GO" logo, and our other logos and brands (including "A Renewed You"
and "Perpetual Referral Systems") are trademarks and service marks of CDs-2-GO,
Inc. All other trademarks, service marks and logos used in this Site are the trademarks,
service marks or logos of their respective owners.
THIS
SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN
IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE
LICENSED OR PURCHASED THROUGH THE SITE, OR ANY SOFTWARE DOWNLOADED
FROM THE SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU
ACCEPT THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH
ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED
SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT
AND/OR SERVICE, AND NOT BY CDS-2-GO. YOU ALSO ACCEPT THAT
YOUR ACCESS TO THE SITE AND/OR RELATED SERVICES WILL NOT BE
FREE OF INTERRUPTIONS. YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
NEITHER CDS-2-GO NOR ITS SPONSORS ARE RESPONSIBLE OR LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING
IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT
OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY
FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR
CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP
USING THE SITE AND/OR THOSE SERVICES.
A
possibility exists that the Site could include inaccuracies
or errors. Additionally, a possibility exists that unauthorized
additions, deletions and alterations could be made by third
parties to the Site. Although CDs-2-GO attempts to ensure
the integrity and the accurateness of the Site, it makes no
guarantees whatsoever as to the correctness or accuracy of
the Site. In the event that such an inaccuracy arises, please
inform the CDs-2-GO webmaster so that it can be corrected.
This Site
may contain links to other Web sites operated by third parties ("Linked Sites").
You acknowledge that, when you click on a link to visit a Linked Site, a frame
may appear that contains the CDs-2-GO (or A Renewed You, or Perpetual Referral
Systems) logo, advertisements and/or other content selected by CDs-2-GO. You acknowledge
that CDs-2-GO and its sponsors neither endorse nor are affiliated with the Linked
Site and are not responsible for any content that appears on the Linked Site.
You also acknowledge that the owner of the Linked Site neither endorses nor is
affiliated with CDs-2-GO and its sponsors.
Although
the Site is accessible worldwide, not all products or services
discussed or referenced in the Site are available to all persons
or in all geographic locations or jurisdictions. CDs-2-GO
reserves the right to limit the provision of any product or
service to any person, geographic area or jurisdiction it
so desires. You agree to indemnify, defend and hold harmless
CDs-2-GO and its sponsors against any and all claims, damages,
costs or other expenses that arise directly or indirectly
out of or from (a) your breach of this Agreement, (b) your
violation of the Code of Conduct and/or (c) your activities
in connection with the Site or Site-related services.
While
using the Site or Site-related services, you agree not to:
Restrict or inhibit any other user from using and enjoying
the Site and services; Post or transmit any unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene or otherwise
objectionable or harmful information of any kind; Post or
transmit any information or software that contains a virus,
worm, trojan horse or other harmful or disruptive component;
or Post or transmit materials in violation of another party's
copyright or intellectual property rights. CDs-2-GO has no
obligation to monitor the Site or Site-related services for
errors or malicious intent by outside sources. However, you
acknowledge and agree that CDs-2-GO has the right to monitor
the Site and Site-related services and to disclose any information
necessary to operate the Site properly, to protect itself
and its sponsors and customers and to comply with legal obligations
or governmental requests. CDs-2-GO reserves the right to refuse
to post or to remove any information or materials, in whole
or in part, that are unacceptable, offensive or in violation
of this Agreement.
CDs-2-GO
also reserves the right to prohibit any user who, in CDs-2-GO's
sole discretion, violates the Code of Conduct or other terms
of this Agreement from using the Site and related services.
Such prohibition may occur without notice to the user. You
agree to indemnify, defend and hold harmless CDs-2-GO and
its sponsors against any and all claims, damages, costs or
other expenses that arise directly or indirectly out of or
from (a) your breach of this Agreement, (b) your violation
of the Code of Conduct and/or (c) your activities in connection
with the Site or Site-related services. If you wish to license
or make purchases of products or services described on the
Site, you may be asked by the applicable merchant or service
provider to supply certain information, including but not
limited to credit card or other payment information.
You
agree that all information that you provide to any such merchant
or service provider will be accurate, complete and current.
You agree to pay all charges incurred by users of your account
and credit card or other payment mechanism at the prices in
effect when such charges are incurred. You will also be responsible
for paying any applicable taxes relating to your purchases.
Moreover, you agree to review and to comply with the terms
and conditions of any specific agreement that you enter into
with the merchant and/or service provider in connection with
the licensing or purchase of any product or service.
You
acknowledge and agree that, by submitting any resource, link,
applet, information, content or other materials ("Content")
to CDs-2-GO, you grant to CDs-2-GO a nonexclusive, worldwide
license to link to, reproduce, distribute, adapt, perform,
display and sublicense the submitted Content. Further, by
submitting Content to CDs-2-GO, you acknowledge that you have
the authority to grant such rights to CDs-2-GO. PLEASE NOTE
THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OF ANY CONTENT
YOU SUBMIT. If the submitted Content includes or consists
of a Java (TM) applet or other software resource, the license
granted to CDs-2-GO shall apply to both object code and source
code formats of the applet or resource, and CDs-2-GO shall
have the right under its license to analyze, report on, summarize,
and display the source code on it web sites, however CDs-2-GO
will not display the complete source code of your resource
unless you grant CDs-2-GO express permission to do so in the
Resource Submission or Resource Update forms. If you submit
a resource to CDs-2-GO and/or you grant CDs-2-GO permission
to display your source code and decide that you no longer
want to grant CDs-2-GO permission to display your source code,
CDs-2-GO will remove the resource and/or the source code from
our site(s) after having received a revocation letter via
certified mail, to request that the resource and/or the source
code (or any other content or software resource) submitted
by you, be removed from the CDs-2-GO web site. Upon receipt
of such certified mail notification, CDs-2-GO will use its
best efforts to remove such resource and/or source code from
its web site(s).
This
Agreement is entered into in the State of Florida and shall
be governed by and construed in accordance with the laws of
the State of Florida, exclusive of its choice of law rules.
Each party to this Agreement hereby submits to the exclusive
jurisdiction of the state and federal courts sitting in Hillsborough
County in the City of Tampa in the state of Florida, and waives
any jurisdictional, venue or inconvenient forum objections
to such courts. In any action to enforce this Agreement, the
prevailing party will be entitled to costs and attorneys'
fees. In the event that any of the provisions of this Agreement
shall be held by a court or other tribunal of competent jurisdiction
to be unenforceable, such provisions shall be limited or eliminated
to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and enforceable.
This Agreement constitutes the entire agreement between the
parties hereto pertaining to the subject matter hereof, and
any and all written or oral agreements heretofore existing
between the parties hereto are expressly canceled.
This
Agreement may be supplemented or modified by any license or
other agreement used in connection with any software or other
product that you download, license or purchase through this
Site ("Other Agreements"). Except with respect to such Other
Agreements, any modifications of this Agreement must be in
writing and signed by both parties hereto, except that CDs-2-GO
may modify the terms of this Agreement by sending notice to
you via e-mail (at the most current e-mail address for you
in CDs-2-GO's records) fourteen (10) days in advance of the
date on which such modification takes effect or by posting
notice of such modification on a page of the Site entitled
"Legal Notices" or "Legal Information" at least fourteen (10)
days before the modification takes effect.
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