| USER AGREEMENT
("Agreement")
ACCEPTANCE OF TERMS THROUGH USE
By using this site, you ("User") signify your
agreement to these terms and conditions. If you do not agree to this Agreement please do
not use this site.
Please check this Agreement periodically for changes as
the owner of this site Sunlake Living Systems, LLC reserves the right to revise this
Agreement and your continued use of this site following the posting of any changes to the
Agreement constitutes acceptance of such changes. The Company reserves the right to
terminate a User's use of this site at any time without notice and may do so for any
breach of this Agreement or the instructions on this site by User. This Agreement applies
to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE
THIS SITE
This Agreement must be completed, understood and agreed
to by a person over 18. If a parent or guardian wishes to permit a person under 18, and
under his or her supervision, to use this site, he or she should email the Company with
his or her explicit permission and acceptance of full legal responsibility for the minor
to do so. If you are not yet 18, if you are easily offended, or are accessing this site
from any country where material on this site is prohibited or illegal, please leave now as
you do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby
grants you a non-exclusive, non-transferable limited license to use this site in strict
accordance with the terms and conditions in this Agreement and as permitted via
instructions on this site. You agree not to make any false or fraudulent statements in
your use of or to gain access to this site. You acknowledge and agree that all content and
services available on this site are property of the Company and its advertisers and
licensors and are protected by copyrights, moral rights, trademarks, service marks,
patents, trade secrets, and other proprietary rights and laws, in the U.S. and
internationally. All rights not expressly granted herein are fully reserved by the
Company, its advertisers and licensors.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through this site,
you agree not to save, download, cut and paste, sell, license, rent, lease, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit, or create derivative works from materials, code or content on or from this site.
Systematic retrieval of data or other content from this site to create or compile,
directly or indirectly, a collection, compilation, database or directory without written
permission from the Company is prohibited. In addition, use of the content or materials
for any purpose not expressly permitted in this Agreement is prohibited.
Security
You agree that if you are issued a Username and Password
by the Company, you shall use your best efforts to prevent access to this site through
your Username and Password by anyone other than yourself, including but not limited to,
keeping such information strictly confidential, notifying the Company immediately if you
discover loss or access to such information by another party not under your control and
supervision, and by using a Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer,
reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter
any executable code, contents or materials on or received via this site. You understand
that such actions are likely to subject you to serious civil and criminal legal penalties
and that the Company shall pursue such penalties to the full extent of the law to protect
its rights and the rights of its other licensors.
International Users
Accessing this site, and services, products or contents
available on this site, except as expressly allowed through instructions and truthful
statements by the User in regard to use of this site, from places outside the U.S. or
where their contents are illegal, is prohibited. Those who choose to access this site from
other locations do so knowingly on their own initiative and voluntarily at their own risk
and are responsible for compliance with local laws. None of the information on this site
may be downloaded, exported or reexported into Iran, Iraq, Syria, Libya, Sudan, Cuba,
North Korea, Yugoslav Republic (Serbia and Montenegro), Rwanda, Nigeria or any other
country with restrictions imposed by the U.S. Government. By using this site, you agree
that you are not a citizen of or a resident in any of these countries.
Export
You agree that you shall comply with all applicable
export and import control laws and regulations in your use of this site, or materials or
services received through this site, and, in particular, you shall not export or re-export
anything on or received through this site in violation of local or foreign export laws
and/or without all required U.S. and foreign government licenses.
Government Use.
If you are a branch or agency of the U.S. Government, the
following provision applies. This site, code, contents, services and accompanying
documentation are comprised of "commercial computer software" and
"commercial computer software documentation" as such terms are used in 48 C.F.R.
12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf
of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii)
for acquisition by or on behalf of units of the Department of Defense, consistent with the
policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995).
Unpublished rights reserved under the copyright laws of the United States.
USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all
information which you post on this site or communicate to the Company through this site
(collectively "Submissions") shall forever be the property of the Company. You
agree to the Site Submission Rules found below as part of this Agreement if provided on
the site by the Company. The Company shall not treat any submission as confidential and
shall not incur any liability as a result of any similarities that may appear in future
Company services or products. Without limitation, the Company shall have exclusive
ownership of all present and future existing rights to any Submission of every kind and
nature everywhere. You acknowledge that you are fully responsible for the message,
including its legality, reliability, appropriateness, originality and copyright. You
hereby represent and warrant that your Submission does not infringe the rights of any
third party.
TRADEMARKS
The Company's, licensors' or other third party materials,
services or products referenced on this site are common law or registered trade marks or
service marks of such parties.
THIRD PARTY SITES
You may be transferred to online merchants or other third
party sites through links or frames from this site. You are cautioned to read such sites'
Terms and Conditions and/or Privacy Policies before using such sites in order to be aware
of the terms and conditions of your use of such sites. These sites may contain information
or material that is illegal, unreasonable or that some people may find inappropriate or
offensive. These other sites are not under the control of the Company, are not monitored
or reviewed by the Company, and the Company is not aware of the contents of such sites.
You acknowledge that the Company is not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of the contents or any transmissions
received through such sites. The inclusion of such a link or frame does not imply
endorsement of this site by the Company, its advertisers or licensors, any association
with its operators and is provided solely for your convenience. You agree that the Company
and its licensors have no liability whatsoever from such third party sites and your usage
of them.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION
CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED
THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY
DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE,
INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS
LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE
ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY
INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO
WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT
APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS
AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE,
THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY
SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS
RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the
Company, its advertisers, licensors, subsidiaries and other affiliated companies, and
their employees, contractors, officers, agents and directors from all liabilities, claims,
and expenses, including attorney's fees, that arise from your use of this site, or any
services, information or products from this site, or any violation of this Agreement. The
Company reserves the right, at it own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you shall
cooperate with the Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User's
use immediately upon receipt of any notice which alleges that User has used this site for
any purpose that violates any local, state, federal or law of other nations, including but
not limited to the posting of information that may violate third party rights, that may
defame a third party, that may be obscene or pornographic, that may harass or assault
others, that may violate hacking or other criminal regulations, etc. of its agents,
officers, directors, contractors or employees. In such event, Company may disclose the
User's identity and contact information, if requested by a government or law enforcement
body or as a result of a subpoena or other legal action, and Company shall not be liable
for damages or results thereof and User agrees not to bring any action or claim against
Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is
controlled by the Company from its offices within the State of Georgia, U.S. of America.
It can be accessed from all 50 states as well as from other countries around the world to
the extent permitted by site. As each of these places has laws that may differ from
Georgia, by accessing this site, both you and the Company agree that the statues and laws
of Georgia shall apply to any actions or claims arising out of or in relation to this
Agreement or your use of this site, without regard to conflicts of laws principles
thereof. You and the Company also agree and hereby submit to the filing of any claim only
in the exclusive personal jurisdiction and venue of Georgia and any legal proceedings
shall be conducted in English. The Company makes no representation that materials on this
site are appropriate or available for use in other locations, and accessing them from
territories where their contents are illegal is prohibited. This Agreement shall not be
governed by the United Nations Convention on Contracts for the Sale of Goods.
CLAIMS OR REPRESENTATIONS
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS
PRODUCT AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN
WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY
MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE
NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS
ENTIRELYDEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT
THIS AS A “GET RICH SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL
RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS
CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND
TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS
DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE
WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN
INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING
OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR
EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT
THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS
“ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,”
“INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF
SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL
PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF
OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS
WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU
WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT
YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
MISCELLANEOUS
This Agreement incorporates by reference the Site
Submission Rules if this site allows posting and posts such Rules. This Agreement
constitutes the entire agreement between the parties related to the subject matter
thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement
between the parties and shall not be changed except by written agreement signed by an
officer of the Company. If any provision of this Agreement is prohibited by law or held to
be unenforceable, the remaining provisions hereof shall not be affected, and this
Agreement as much as possible under applicable law shall continue in full force and effect
as if such unenforceable provision had never constituted a part hereof and the
unenforceable provision shall be automatically amended so as to best accomplish the
objectives of such unenforceable provision within the limits of applicable law. User shall
not assign or transfer this Agreement and any such transfer shall be void.
Site Submission Rules
By using features of this site that allow you to post or
otherwise transmit information to or through this site, or which may be seen by other
users, you agree that you shall not upload, post, or otherwise distribute or facilitate
distribution of any content -- including text, communications, video, software, images,
sounds, data, or other information -- that:
" is unlawful, threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious,
obscene, sexually explicit or graphic, or otherwise in violation of this site's rules or
policies;
" victimizes, harasses, degrades, or intimidates an
individual or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
" infringes any patent, trade mark, service mark,
trade secret, copyright, moral right, right of publicity, privacy or other proprietary
right of any party;
" constitutes unauthorized or unsolicited
advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any
other form of unauthorized solicitation, or any form of lottery or gambling;
" contains software viruses or any other computer
code, files, or programs that are designed or intended to disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications equipment or to damage or
obtain unauthorized access to any data or other information of any third party; or
" impersonates any person or entity, including any
employee or representative of this site, its licensors or advertisers.
You also agree that you shall not harvest or collect
information about the users of this site or use such information for the purpose of
transmitting or facilitating transmission of unsolicited bulk electronic e-mail or
communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect
information, or attempt to induce any physical contact with, anyone 18 years old or
younger without appropriate prior verifiable express parental consent.
This site generally does not pre-screen, monitor, or edit
the content posted by users of this site. However, this site and its agents have the
right, at their sole discretion, to remove any content that, in this site's sole judgment,
does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or
inaccurate. This site is not liable for any failure, delay, damages or results, in
removing such content.
You agree that your use of this site may be suspended or
terminated immediately upon receipt of any notice which alleges that you have used this
site in violation of these Rules and/or for any purpose that violates any local, state,
federal or law of other nations, including but not limited to the posting of information
that may violate third party rights, that may defame a third party, that may be obscene or
pornographic, that may harass or assault others, that may violate hacking or other
criminal regulations, etc. of its agents, officers, directors, contractors or employees.
In such event, you agree that the owner of this site may disclose your identity and
contact information, if requested by a government or law enforcement body or as a result
of a subpoena or other legal action, and the owner of this site shall not be liable for
damages or results thereof, and you agree not to bring any action or claim against the
owner of this site for such disclosure.
This site reserves the right to revise these Site
Submission Rules at its discretion, so check back from time to time to be sure you are
complying with the current version. |