
NetWeb LLC
WEB SITE TERMS OF USE AGREEMENT
Welcome to NetWeb LLC (herein will be referred as the "COMPANY" or "we").
The goal of NetWeb LLC is to inform and educate people who are interested in
learning more about internet marketing.
NetWeb LLC is an online resource for news and information on a variety of online
marketing subjects.
The information that NetWeb LLC provides on various websites is for educational
and entertainment purposes only.
NetWeb LLC requires that all persons or entities visiting this Website agree to
the following terms and conditions. Please read our Terms of Use Agreement (the
"TOU") carefully before continuing on with your use of this Website or becoming
a Member/Customer of the Website. The Agreement and/or Terms shall govern the
use of the Website and apply to all Internet traffic visiting the Website. If
you do not agree to any of these terms, then do not use the Website.
1. ACCEPTANCE OF TERMS AND BINDING EFFECT
THIS IS A BINDING AGREEMENT. BY USING AND/OR VISITING THIS WEBSITE
(COLLECTIVELY, INCLUDING ALL CONTENT AVAILABLE THROUGH THE NetWeb LLC any of
it's DOMAIN NAMES, THE "WEBSITE"), YOU ("User," "YOU" OR "YOUR" ) SIGNIFY YOUR
ASSENT TO THE TOU, THE WEBSITE'S PRIVACY POLICY, WHICH IS PUBLISHED AT
http://netweb.ws/privacy AND THE GOODS/SERVICES YOU OBTAIN FROM THE UTILIZATION
OF WEBSITE'S SERVICES AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IT IS YOUR
RESPONSIBILITY TO REVIEW THE TOU PERIODICALLY. IF AT ANY TIME YOU FIND THE TOU
AND INCORPORATED AGREEMENTS UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE
AND CEASE ALL USE OF THE SERVICES AND THE WEBSITE. YOU AGREE THAT BY USING THE
SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE
LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
A. NetWeb LLC reserves the right to update the TOU at any time without notice to
User.
B. The right to use any of NetWeb LLC websites is personal to User and is not
transferable to any other person or entity. User is responsible for all use of
User's Account (under any screen name or password) and for ensuring that all use
of User's Account complies fully with the provisions of this Agreement. User
shall be responsible for protecting the confidentiality of User's password(s),
if any.
C. COMPANY shall have the right at any time to change or discontinue any aspect
or feature of NetWeb LLC, including, but not limited to, content, hours of
availability, and equipment needed for access or use.
2. CHANGED TERMS
The most current version of the TOU can be reviewed by clicking on the "Terms of
Use" or "Terms of Service" hypertext link located or published at the bottom of
our Web pages. NetWeb LLC shall have the right at any time to change or modify
the terms and conditions applicable to User's use of NetWeb LLC, or any part
thereof, or to impose new conditions, including, but not limited to, adding fees
and charges for use. Such changes, modifications, additions or deletions shall
be effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on NetWeb LLC, or by electronic or
conventional mail, or by any other means by which User obtains notice thereof.
Any use of NetWeb LLC by User after such notice shall be deemed to constitute
acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Websites and Protected Materials, NetWeb LLC provides User with
access to a variety of resources, including download areas, software,
communication forums and product information (collectively "Services").
Protected Materials are all materials or other intellectual property rights, or
which may be construed as proprietary information including, but not limited to,
any and all technical and non-technical information that is valuable to NetWeb
LLC such as subscription programs, audio/visual programs, coaching programs,
webinars, telephone conferencing, flip charts, audio/video products, books,
training routines, training processes, course material, literature, pamphlets,
processes, procedures, patents, trademarks, service marks, products, copyrights,
trade secrets, techniques, sketches, drawings, models, invention, know-how and
equipment related to current and contemplated products and services, inventions,
manufacturing, purchasing, accounting, engineering, marketing, merchandising and
sales, to the extent necessary and as may be reasonably required during the
relationship will be considered protected material. The Services, including any
updates, enhancements, new features, and/or the addition of any new Protected
Materials, are subject to the terms of use, the privacy policy and the domain
licenses.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer
hardware, software and other equipment needed for access to and use of NetWeb
LLC and all charges related thereto.
5. USER CONDUCT
A. User shall use NetWeb LLC products or services for lawful purposes only. User
shall not post or transmit through NetWeb LLC any material which violates or
infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate
any law, or which, without NetWeb LLC's express prior approval, contains
advertising or any solicitation with respect to products or services. Any
conduct by User that in NetWeb LLC's discretion restricts or inhibits any other
User from using or enjoying NetWeb LLC will not be permitted. User shall not use
NetWeb LLC to advertise or perform any commercial solicitation, including, but
not limited to, the solicitation of users to become subscribers of other on-line
information services competitive with NetWeb LLC.
B. NetWeb LLC contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video,
graphics, music and sound, and the entire contents of NetWeb LLC are copyrighted
as a collective work under the United States copyright laws. NetWeb LLC owns a
copyright in the selection, coordination, arrangement and enhancement of such
content, as well as in the content original to it. User may not modify, publish,
transmit, participate in the transfer or sale, create derivative works, or in
any way exploit, any of the content, in whole or in part. User may download
copyrighted material for User's personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be permitted
without the express permission of NetWeb LLC and the copyright owner. In the
event of any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark legend or
copyright notice shall be made. User acknowledges that it does not acquire any
ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on NetWeb LLC any
material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other
proprietary right and the burden of determining that any material is not
protected by copyright rests with User. User shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary rights, or any
other harm resulting from such a submission. By submitting material to any
public area of NetWeb LLC, User automatically grants, or warrants that the owner
of such material has expressly granted NetWeb LLC the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that may exist
in such material. User also permits any other User to access, view, store, or
reproduce the material for that User's personal use.
D. The foregoing provisions of Section 5 are for the benefit of NetWeb LLC, its
subsidiaries, affiliates and its third party content providers and licensors and
each shall have the right to assert and enforce such provisions directly or on
its own behalf.
6. USE OF SERVICES
A. The Services may contain email services, bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, photo albums,
file cabinets and/or other message or communication facilities designed to
enable User to communicate with others (each a "Communication Service" and
collectively "Communication Services"). User agrees to use the Communication
Services only to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service. By way of
example, and not as a limitation, User agrees that when using the Communication
Services, User will not:
" Use the Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
" Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
" Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or information.
" Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless User own or control the rights thereto or
have received all necessary consent to do the same.
" Use any material or information, including images or photographs, which are
made available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
" Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another.
" Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
" Download any file posted by another user of a Communication Service that User
know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
" Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a file
that is uploaded.
" Restrict or inhibit any other user from using and enjoying the Communication
Services.
" Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
" Harvest or otherwise collect information about others, including email
addresses.
" Violate any applicable laws or regulations.
" Create a false identity for the purpose of misleading others.
" Use, download or otherwise copy, or provide (whether or not for a fee) to a
person or entity any directory of users of the Services or other user or usage
information or any portion thereof.
B. NetWeb LLC has no obligation to monitor the Communication Services. However,
NetWeb LLC reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. NetWeb LLC reserves
the right to terminate User's access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever. NetWeb LLC reserves the
right at all times to disclose any information as it deems necessary to satisfy
any applicable law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials, in whole or in
part, in NetWeb LLC sole discretion.
C. Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; User is responsible for
adhering to such limitations if User downloads the materials.
D. Always use caution when giving out any personally identifiable information in
any Communication Services. NetWeb LLC does not control or endorse the content,
messages or information found in any Communication Services and, therefore,
NetWeb LLC specifically disclaims any liability with regard to the Communication
Services and any actions resulting from User's participation in any
Communication Services. Managers and hosts are not authorized NetWeb LLC
spokespersons, and their views do not necessarily reflect those of NetWeb LLC.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the
registration process by providing NetWeb LLC with current, complete and accurate
information as prompted by the applicable registration form. User also will
choose a password and a user name. User is entirely responsible for maintaining
the confidentiality of User's password and account. Furthermore, User is
entirely responsible for any and all activities that occur under User's account.
User agrees to notify NetWeb LLC immediately of any unauthorized use of User's
account or any other breach of security. NetWeb LLC will not be liable for any
loss that User may incur as a result of someone else using User's password or
account, either with or without User's knowledge. However, User could be held
liable for losses incurred by NetWeb LLC or another party due to someone else
using User's account or password. User may not use anyone else's account at any
time, without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
A. Any software that is made available to download from the Services
("Software") is the copyrighted work of NetWeb LLC and/or its suppliers. Use of
the Software is governed by the terms of the end user license agreement, if any,
which accompanies or is included with the Software ("License Agreement"). An end
user will be unable to install any Software that is accompanied by or includes a
License Agreement, unless he or she first agrees to the License Agreement terms.
B. The License Agreement is based upon one domain name use. Domains need to be
fully owned by the User. Users can buy as many licenses as they need for as many
domains that the User owns.
C. The Software is made available for download solely for use or personal use by
end users according to the License Agreement. Any reproduction or redistribution
of the Software not in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil and criminal penalties. The
Software is made available for download solely for use or personal use by end
users according to the License Agreement. Violators will have their licenses
revoked if they do not follow these terms and will be prosecuted to the maximum
extent possible.
D. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, NetWeb LLC HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
E. FOR YOUR CONVENIENCE, NetWeb LLC MAY MAKE AVAILABLE AS PART OF THE SERVICES
OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. NetWeb
LLC DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR
OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE
RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND
UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the Services is for
informational and non-commercial or personal use only and will not be copied or
posted on any network computer or broadcast in any media, and (3) no
modifications of any Documents are made. Accredited educational institutions,
such as universities, private/public colleges, and state community colleges, may
download and reproduce the Documents for distribution in the classroom.
Distribution outside the classroom requires express written permission. Use for
any other purpose is expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to the maximum extent
possible.
NetWeb LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL NetWeb LLC AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. NetWeb LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL NetWeb LLC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO NetWeb LLC OR POSTED AT ANY OF ITS WEBSITES
A. NetWeb LLC does not claim ownership of the materials User provides to NetWeb
LLC (including feedback and suggestions) or post, upload, input or submit to any
Services or its associated services for review by the general public, or by the
members of any public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") User's Submission User is granting NetWeb
LLC, its affiliated companies and necessary sublicenses permission to use User's
Submission in connection with the operation of their Internet businesses
(including, without limitation, all NetWeb LLC Services), including, without
limitation, the license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat User's Submission; to
publish User's name in connection with User's Submission; and the right to
sublicense such rights to any supplier of the Services. No compensation will be
paid with respect to the use of User's Submission, as provided herein. NetWeb
LLC is under no obligation to post or use any Submission User may provide and
NetWeb LLC may remove any Submission at any time in its sole discretion. By
Posting a Submission User warrants and represents to own or otherwise control
all of the rights to User's Submission as described in these Terms of Use
including, without limitation, all the rights necessary for User to provide,
post, upload, input or submit the Submissions.
B. In addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), User warrants and represents that (a)
User is the copyright owner of such Images, or that the copyright owner of such
Images has granted User permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of User's
use and as otherwise permitted by these Terms of Use and the Services, (b) User
has the rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such Images, if any,
has provided consent to the use of the Images as set forth in these Terms of
Use, including, by way of example, and not as a limitation, the distribution,
public display and reproduction of such Images. By Posting Images, User is
granting (a) to all members of User's private community (for each such Images
available to members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the Services, other than a
private community), permission to use User's Images in connection with the use,
as permitted by these Terms of Use, of any of the Services, (including, by way
of example, and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat User's Images without having
User's name attached to such Images, and the right to sublicense such rights to
any supplier of the Services. The licenses granted in the preceding sentences
for a Images will terminate at the time User completely remove such Images from
the Services, provided that, such termination shall not affect any licenses
granted in connection with such Images prior to the time User completely remove
such Images. No compensation will be paid with respect to the use of User's
Images.
C. NetWeb LLC is a distributor (and not a publisher) of content supplied by
third parties and Users. Accordingly, NetWeb LLC has no more editorial control
over such content than does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers,
Users or any other user of NetwebOnline.com, are those of the respective
author(s) or distributor(s) and not of NetWeb LLC. Neither NetWeb LLC nor any
third-party provider of information guarantees the accuracy, completeness, or
usefulness of any content, nor its merchantability or fitness for any particular
purpose.
12. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When accessing the Website or using the Services, you agree to obey the law and
to respect the intellectual property rights of others. Your use of the Services
and the Website is at all times governed by and subject to laws regarding
copyright ownership and use of intellectual property. You agree not to upload,
download, display, perform, transmit, or otherwise distribute any information or
Materials in violation of any third party's copyrights, trademarks, or other
intellectual property or proprietary rights. You agree to abide by laws
regarding copyright ownership and use of intellectual property, and you shall be
solely responsible for any violations of any relevant laws and for any
infringements of third party rights caused by any Materials you provide or
transmit, or that is provided or transmitted using your User ID. The burden of
proving that any Materials do not violate any laws or third party rights rests
solely with you.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF netwebonline.com IS AT USER'S SOLE RISK.
NEITHER COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT netwebonline.com WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF NetwebOnline.com, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH netwebonline.com.
B. netwebonline.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
B.a)NetWeb LLC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR
RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
• USE OF (OR INABILITY TO USE) THE SITE
• USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
• FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
• ERROR ON OUR SITE
• OMISSION ON OUR SITE
• INTERRUPTION OF AVAILABILITY OF OUR SITE
• DEFECT ON OUR SITE
• DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
• COMPUTER VIRUS OR LINE FAILURE
• PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
*DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
*DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL
TERMS AS "CONSEQUENTIAL DAMAGES.")
* OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR
INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR
THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE
STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU
MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES,
AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE
TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL
CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER
THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT COMPANY IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT SHALL NetWeb LLC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING NetwebOnline.com OR THE NetWeb LLC SOFTWARE, BE LIABLE
FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE NetwebOnline.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER NetWeb LLC NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS
OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER
DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED
WITHIN NetwebOnline.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR
OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH
YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER
INFORMATION. NetWeb LLC, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE
INFORMATION PROVIDED. NEITHER NetWeb LLC NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE,
ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN
PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY
AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT
AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES,
NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS
OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH
EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM
ITS OCCURRENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS
LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS
OBLIGATIONS UNDER THIS AGREEMENT.
14. LINKS TO THIRD PARTY SITES
A. THE LINKS IN THIS AREA WILL LET YOU LEAVE NetWeb LLC'S SITE. THE LINKED SITES
ARE NOT UNDER THE CONTROL OF NetWeb LLC AND NetWeb LLC IS NOT RESPONSIBLE FOR
THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. NetWeb LLC IS NOT RESPONSIBLE FOR WEBCASTING
OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. NetWeb LLC IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY NetWeb LLC OF THE SITE.
B. NetWeb LLC is a distributor (and not a publisher) of content supplied by
third parties and Users. Accordingly, NetWeb LLC has no more editorial control
over such content than does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers,
Users or any other user of NetwebOnline.com, are those of the respective
author(s) or distributor(s) and not of NetWeb LLC. Neither NetWeb LLC nor any
third-party provider of information guarantees the accuracy, completeness, or
usefulness of any content, nor its merchantability or fitness for any particular
purpose.
C. In many instances, the content available through NetwebOnline.com represents
the opinions and judgments of the respective information provider, User, or
other user not under contract with NetWeb LLC. NetWeb LLC neither endorses nor
is responsible for the accuracy or reliability of any opinion, advice or
statement made on NetwebOnline.com by anyone other than authorized NetWeb LLC
employee spokespersons while acting in their official capacities. Under no
circumstances will NetWeb LLC be liable for any loss or damage caused by a
User's reliance on information obtained through NetwebOnline.com. It is the
responsibility of User to evaluate the accuracy, completeness or usefulness of
any information, opinion, advice or other content available through NetWeb LLC.
Please seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other content.
15. UNSOLICITED IDEA SUBMISSION POLICY
NetWeb LLC OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR
TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE
DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE
SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES
WHEN COMPANY'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS
SUBMITTED TO NetWeb LLC. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO
COMPANY OR ANYONE AT NetWeb LLC. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US
YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT NetWeb LLC
MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
16. PRIVACY POLICY
NetWeb LLC respects your privacy and permits Users to control the treatment of
personal information. A complete statement of NetWeb LLC current Privacy Policy
can be reviewed on our "Privacy Policy" link located or published at the bottom
of our Web pages.
17. MONITORING
NetWeb LLC shall have the right, but not the obligation, to monitor the content
of NetwebOnline.com, including chat rooms and forums, to determine compliance
with this Agreement and any operating rules established by NetWeb LLC and to
satisfy any law, regulation or authorized government request. NetWeb LLC shall
have the right in its sole discretion to edit, refuse to post or remove any
material submitted to or posted on NetwebOnline.com. Without limiting the
foregoing, NetWeb LLC shall have the right to remove any material that NetWeb
LLC, in its sole discretion, finds to be in violation of the provisions hereof
or otherwise objectionable.
18. INDEMNIFICATION AND HOLD HARMLESS
User agrees to defend, indemnify and hold harmless NetWeb LLC, its affiliates
and their respective directors, officers, employees and agents from and against
all claims and expenses, including attorneys' fees, arising out of the use of
NetWeb LLC by User or User's Account.
19. TERMINATION
Either NetWeb LLC, NetwebOnline.com or User may terminate this Agreement at any
time. Without limiting the foregoing, NetWeb LLC shall have the right to
immediately terminate User's Account in the event of any conduct by User which
NetWeb LLC, in its sole discretion, considers to be unacceptable, or in the
event of any breach by User of this Agreement.
20. PAYMENTS AND REFUND POLICY
A. Users are charged for software, written publications and online media
products. If you pay a company other than us for the service, then the charges
and billing terms are as stated by the other company. Even if you do not pay for
the service, you may still incur charges incidental to using the service; for
example, charges for Internet access, mobile text messaging, or other data
transmission.
B. WHEN YOU CREATE A BILLING ACCOUNT, YOU ENTER YOUR PAYMENT METHOD. YOU MUST BE
AUTHORIZED TO USE THE PAYMENT METHOD. YOU AUTHORIZE US TO CHARGE YOU FOR THE
SERVICE USING YOUR PAYMENT METHOD AND FOR ANY PAID FEATURE OF THE SERVICE FOR
WHICH YOU CHOOSE TO SIGN-UP OR USE WHILE THIS CONTRACT IS IN FORCE. WE MAY BILL
YOU FOR MORE THAN ONE OF YOUR PRIOR BILLING PERIODS TOGETHER. IF WE INFORMED YOU
THAT THE SERVICE WOULD BE PROVIDED INDEFINITELY OR AUTOMATICALLY RENEWED, WE MAY
AUTOMATICALLY RENEW YOUR SERVICE AND CHARGE YOU FOR ANY RENEWAL TERM.
C. You may have received a limited time of free service or some other trial
period offer. Unless we notify you otherwise, if you are participating in any
trial period offer, you must cancel the service by the end of the trial period
to avoid incurring charges. If you do not cancel your service, and we have
informed you that the service will automatically be converted into a paid
subscription at the end of the trial period, then you authorize us to charge
your payment method for the service.
D. The price for the service excludes all taxes and phone charges, unless stated
otherwise. These taxes and charges are your responsibility. Currency exchange
settlements are based on your agreement with your payment method provider. We
may change the price of the service from time to time, but we will tell you
before we do.
E. If there is a specific time length and price for your service offer, then
that price will remain in force for that time. After the offer period ends, your
use of the service will be charged at the new price.
F. If you do not agree to these changes, then you must cancel and stop using the
service before the changes take place. If you cancel your service, then your
service ends at the end of your current service time length or, if we bill your
account on a period basis, at the end of the period in which you cancelled.
G. We will provide you with an online billing statement accessible online
through your User Account. This is the only billing statement that we provide.
If you request a paper copy, we may charge you a retrieval fee. We will only
provide paper copies for the past 120 days. If we make an error on your bill, we
will correct it promptly after you tell us and we investigate the charge. You
must tell us within 120 days after an error first appears on your bill. You
release us from all liability and claims of loss resulting from any error that
you do not report to us within 120 days after the error first appears on your
online statement. If you do not tell us within this time, we will not be
required to correct the error. We can correct billing errors at any time.
H. You may cancel the service at any time, with or without cause. Go to
support.trinitalianenterprises.com to obtain information on cancelling your
service. Certain service offers may require cancellation charges, and you will
pay all cancellation charges as specified in the materials describing the offer.
Cancellation of the service by you will not alter your obligation to pay all
charges made to your billing account for which you have already used the
Services.
J. The User Fee is non-refundable. If you cancel a paid User Fee, NetWeb LLC
will refund the pro-rated amount based on the number of un-used days of User
Fee. Under no circumstances will the amount of the refund exceed the amount you
paid for Services.
21. ENTIRE AGREEMENT
This Agreement, the privacy policy, domain licenses and any operating rules for
NetwebOnline.com established by NetWeb LLC constitute the entire agreement of
the parties and supersede all previous written or oral agreements between the
parties.
22. ARBITRATION
Each party to this Agreement expressly agrees that all disputes, claims or
controversies that exist or may come to exist between them including, without
limitation, all disputes, claims or controversies that exist or may arise out
of, under or in connection with this Agreement, first to binding arbitration
located in Polk County, State of Florida in accordance with the Commercial
Arbitration Procedures of the American Arbitration Association. The parties
agree that judgment upon the arbitration award will be final, binding and
conclusive upon each party and may be entered into any court having
jurisdiction. In the case of action under this Section, the prevailing party
shall be entitled to recover its costs of the proceeding, including reasonable
attorneys' fees and out of pocket expenses.
23. CHOICE OF LAW, VENUE AND FORUM
The TOU, the privacy policy, domain licenses and any operating rules for
NetwebOnline.com shall be construed in accordance with and governed by the laws
of the United States and the State of Florida, without reference to their rules
regarding conflicts of law. You hereby irrevocably consent to the exclusive
jurisdiction of the state or federal courts in Polk County, State of Florida,
United States in all disputes arising out of or related to the use of the
Website or, without reference to their rules regarding conflicts of law.
23. SEVERABILITY
If, for whatever reason, a court of competent jurisdiction finds any term or
condition in these Terms of Use to be unenforceable, all other terms and
conditions will remain unaffected and in full force and effect.
24. WAIVER
No waiver of any breach of any provision of these Terms of Use shall constitute
a waiver of any prior, concurrent, or subsequent breach of the same or any other
provisions hereof, and no waiver shall be effective unless made in writing and
signed by an authorized representative of the waiving party.
25. HEADINGS
The section headings used herein are for convenience only and shall not be given
any legal importance.
26. COPYRIGHT
All contents of Website or Services are: Copyright © NetWeb LLC. All rights
reserved.
27.TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners. The example companies, organizations,
products, domain names, email addresses, logos, people and events depicted
herein are fictitious. No association with any real company, organization,
product, domain name, email address, logo, person, or event is intended or
should be inferred. Any rights not expressly granted herein are reserved.
28. NO LICENSE
Nothing contained on the Website should be understood as granting you a license
to use any of the trademarks, service marks, logos and the like owned by NetWeb
LLC or by any third party.
29. NOTICES
Any notices to NetWeb LLC shall be given by email to support@NetwebOnline.com or
by certified mail, return receipt requested to NetWeb LLC, POB 160293 Big Sky
MT, USA. Any notice to Users shall be sent by email to the email address
provided by the User. Email notices to a User shall be deemed delivered
twenty-four (24) hours from the time the email is sent. Notices to NetWeb LLC
shall be deemed delivered five (5) calendar days after sent by certified mail.
30. COPYRIGHT INFRINGEMENT
NetWeb LLC has in place certain legally mandated procedures regarding
allegations of copyright infringement occurring on the Website or with the
Services. NetWeb LLC has adopted a policy that provides for the immediate
suspension and/or termination of any Website or Services user who is found to
have infringed on the rights of NetWeb LLC or of a third party, or otherwise
violated any intellectual property laws or regulations. NetWeb LLC's policy is
to investigate any allegations of copyright infringement brought to its
attention. If you have evidence, know, or have a good faith belief that your
rights or the rights of a third party have been violated and you want NetWeb LLC
to delete, edit, or disable the material in question, you must provide NetWeb
LLC with all of the following information: (a) a physical or electronic
signature of a person authorized to act on behalf of the owner of the exclusive
right that is allegedly infringed; (b) identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works are covered by
a single notification, a representative list of such works; (c) identification
of the material that is claimed to be infringed or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit NetWeb LLC to locate
the material; (d) information reasonably sufficient to permit NetWeb LLC to
contact you, such as an address, telephone number, and if available, an
electronic mail address at which you may be contacted; (e) a statement that you
have a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law; and (f) a
statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. For this notification to be
effective you must provide it to the Copyright Infringement Unit,
support@NetwebOnline.com and by certified mail, return receipt requested NetWeb
LLC, POB 160293 Big Sky MT, USA.
31. INDEPENDENT PARTIES
You and NetWeb LLC expressly agree that each is an independent contractor of the
other. Neither party is an agent, representative, broker, employee, partner or
joint venturer of the other party. This Agreement shall not be interpreted or
construed to create an association, joint venture, agency, franchise or
partnership between the parties or to impose any partnership obligation or
liability upon either party
32. ACKNOWLEDGEMENT
BY USING THE SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.