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IMPORTANT!
The below described system and services you seek to access and use on the website is licensed to the user only on condition that user AGREES TO ALL THE TERMS AND CONDITIONS SET FORTH BELOW. Ownership:
All rights, title and interest to the content displayed on 1003POWER.COM, including, but not limited to, the 1003POWER look, feel, information, data, text, graphics, images, sound and/or video materials, designs, trademarks and service marks (including and without limitation 1003POWER), trade names and URL (DNT.H Content) with the exception of the User Content (as defined below), is the property of DNT.H or its partners, agents and third parties. All contents of the 1003POWER.COM site and System: Copyright © 2006. All rights reserved. User Content:
User grants DNT.H a license to use the materials user posts to the 1003POWER or System except for any and all information related to the borrower or client. The User by posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (iUser Contenti) to the 1003POWER site or System, User is granting to other subscribers to the 1003POWER site and to DNT.H, its affiliates, officers, directors, employees, consultants, agents and representatives a license to Users content with the operation of the Internet business of DNT.H its affiliates, officers, directors, employees, consultants, agents and representatives, including and without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User Content. User will not be compensated for any User Content. User agrees that DNT.H may publish or otherwise disclose User name in connection with the User Content. By posting User Content on the 1003POWER site or System, User warrants and represents that User owns the rights to the User Content or otherwise authorized to post distribute, display, perform, transmit, or otherwise distribute User Content. Compliance with Intellectual Property Laws:
When User accesses the 1003POWER System, User agrees to obey all the laws and to respect the intellectual property rights of others. User use of 1003POWER and System is at all times governed by and subject to the laws regarding copyright, ownership, and use of intellectual property. User agrees not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party copyrights, trademarks, or other intellectual property or proprietary rights. User agrees to abide by the laws regarding copyright, ownership and use intellectual property, and User shall be solely responsible for any violations of any relevant laws and for infringement of third party rights caused by any content Use r provides or transmits, or that is provided or transmitted using your User name and password. The burden of proving otherwise is solely with the User. Copyright Infringement and Copyright Agent:
1003POWER may, in appropriate circumstances and at its sole discretion, remove or disable access to material on 1003POWER that infringes on the rights of others. If User believes that User's work has been used on 1003POWER in a manner that constitutes copyright infringement, User will provide to DNT.H with a written notice (e-mail or by mail) that will include the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed upon; identification of the copyright work claimed to be infringed; a description of where the material that User claimed to be infringed upon is located on 1003POWER; User address, telephone number, and email address; a statement by the User that the User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by the User , under penalty of perjury, that the information in User's notice accurate and that User is the copyright owner or is authorized to act on the copyright owner's behalf. Terms of Use of Content:
Except as expressly provided in this Section, nothing contained in the Terms of Use or on the 1003POWER Site shall be construed as conferring any license or right, expressly, by implication, by estoppels or otherwise, under any of DNT.H intellectual property rights, or under any third party intellectual rights, and no part of 1003POWER Site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means except as expressly stated in this Terms of Use. Users are hereby granted a nonexclusive, nontransferable, revocable, limited license to view the DNT.H Content and use the 1003POWER System for User use only, provided that such use: (a) Does not interfere with DNT.H business and (b) User agrees not to remove or obscure the copyright notice or other notices displayed on the content 1003POWER and System. Any and all rights not expressly granted herein are reserved. Limitation of Liability:
IN NO EVENT WILL COMPANY, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNEES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, ECONOMIC, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS 1003POWER OR THE SYSTEM, OR USE OF ANY LINKED WEB SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING FROM BREACH OF CONTRACT, NEGLIGENCE AND ANY OTHER STATUTORY, CONTRACT AND/OR TORT LIABILITY, EVEN IF DNT.H. HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION PROCESSING SYSTEM. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR THIRD PARTY Indemnity:
User agrees to indemnify DNT.H for certain User acts and omissions. User agrees to indemnify, defend, and hold harmless DNT.H, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User access to or use of 1003POWER Site and System, User violation of these Terms of Use and Conditions , or User infringement, or infringement by any other user of User account, of any intellectual property or other right of any person or entity. DNT.H will notify User promptly of any such claim, loss, liability, or demand, and will provide User with reasonable assistance, at User expense, in defending any such claim, loss, liability, damage, or cost. Links:
1003POWER provides links to other websites that are completely independent of 1003POWER. DNT.H makes no representation or warranty as to the content, ownership or legality of any such linked websites. In no event should any link to another website be construed as an endorsement by DNT.H of that website or of the products or services described therein. If User decides to access the linked third party website, User does so at User's own risk. Termination of Use:
DNT.H reserves the right to terminate User's use of the 1003POWER and System. To ensure that DNT.H provides a high quality experience for User and for other Users of 1003POWER and the System, User agrees that DNT.H or its representatives may access User account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the 1003POWER Site or the System. DNT.H does not intend to disclose the existence or occurrence of such an investigation unless required by law, but DNT.H reserves the right to terminate User account or User access to the Web Site and System immediately, with or without notice to User, and without liability to User, If DNT.H believes that User has violated any of the Terms of Use and Conditions, furnished DNT.H with false or misleading information, or interfered with use of 1003POWER or the System by others. Prohibited Uses:
DNT.H imposes certain restrictions on User permissible use of 1003POWER and the System. User is prohibited from violating or attempting to violate any security features of 1003POWER or System, including, without limitation, (a) accessing content or data not intended for User, or logging onto a server or account that USER is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the 1003POWER System , or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any User , host, or network, including, without limitation, by means of submitting a virus to the 1003POWER Site or System, overloading, flooding, spamming, mail bombing, or crashing; Inappropriate Content:
User shall not make the following types of User Content available on the Web Site and System. User agrees not to upload, download, display, perform, transmit, or otherwise distribute anything which (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) is fraudulent or designed to induce reliance by others based upon partially complete, false or otherwise misleading information. DNT.H reserves the right to terminate User's receipt, transmission, or other distribution of any such material using the 1003POWER and System, and, if applicable, to delete any such material from its servers. DNT.H intends to report to applicable law enforcement and other governmental agencies any such inappropriate content and to cooperate fully with such agencies in the investigation of any violation of these Terms of Use and Conditions or of any applicable laws. Additional Legal Matters:
The Terms of Use and Conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its principles of conflicts of law. Any disputes or controversies arising out of the Terms of Use and Conditions shall be subject to the exclusive jurisdiction of the federal courts of the United States of America and/or the state courts of California and the venue for such disputes shall rest solely in San Francisco County, California. Any provision of the Terms of Use and Conditions that is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from the Terms of Use and Conditions in that jurisdiction without in any way invalidating the remaining provisions of the Terms of Use and Conditions . The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction. Privacy:
DNT.H respects User privacy and permits User to control the treatment of User's personal information. A complete statement of DNT.H's current privacy policy can be found by privacy policy. DNT.H privacy policy is expressly incorporated into this Agreement by this reference. When User is required to open an account to use or access the 1003POWER Site System, User must complete the registration process by providing the complete and accurate information requested on the registration form. User will also be asked to provide a username and password. User is entirely responsible for maintaining the confidentiality of their User password. User may not use the account, username, or password of someone else at any time. User agrees to notify DNT.H immediately up on any unauthorized use of User's account, User name, or password. DNT.H shall not be liable for any loss that User may incur as a result of someone else using User's password, either with or without User's knowledge. User may be held liable for any losses incurred by DNT.H, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of User's account or password. |
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