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By accessing THIS SITE (including extensions
thereof) (the "Site") you are entering into this Web Site Use
Agreement ("Agreement") with newtradeoffers.com ("THIS SITE"),
and you agree to be bound by the terms of this Agreement. This Agreement
includes the terms and conditions set forth herein, THIS SITE's Privacy
Policy and any other terms incorporated by reference herein.
If you do not agree to the terms of this Agreement, you must immediately
stop use of THIS SITE. If you remain on THIS SITE, you agree to be bound
by this Agreement.
Copyright Notice
Copyright 2000-2006 newtradeoffers.com. All rights
reserved.
Designated Agent for Digital Millennium
Copyright Act Claims
Pursuant to Title II of the Digital
Millennium Copyright Act, all claims of copyright infringement for
material that is believed to be residing on THIS SITE's system or network,
should be promptly sent in the form of written notice to THIS SITE's
Designated Agent:
Designated Agent for DMCA Notices
NewTradeOffers.Com
P.O. Box 2502
Rockville, MD 20847
Facsimile: (886) 838-2619
All claims must include the following information:
- A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted works at a single on-line site
are covered by a single notification, a representative list of such
works at that site;
- Identification of the material that is claimed to be infringing 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to
contact the Complaining Party, such as an address, telephone number,
and if available, an electronic mail address at which the complaining
party may be contacted;
- A statement that the Complaining Party has 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
- A statement that the information in the notification is accurate,
and under penalty of perjury, that the Complaining Party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Use of Information
Limited permission to copy all documents and
related graphics from THIS SITE is granted subject to the following:
- The materials provided herein are for personal, non-commercial use
only,
- Any copies of documents contained on THIS SITE or portions thereof
must include the above copyright notice, and
- You may not copy or print more than one copy of material posted on THIS SITE.
Documents published by THIS SITE on THIS SITE may contain other proprietary
notices or describe products, services, processes or technologies owned by
THIS SITE or third parties. Except as expressly set forth herein, nothing
contained herein shall be construed as granting to the user a license
under any copyright, trademark, patent or other intellectual property
right of THIS SITE or any third party. Except as expressly granted under this
Agreement, all rights are reserved by THIS SITE.
You may not display THIS SITE in frames or utilize any other techniques to
display THIS SITE (or any content on THIS SITE) without the prior express
written consent of THIS SITE. You may not use any meta tags or any other
"hidden text" utilizing THIS SITE's name or trademarks without the
prior express written consent of THIS SITE. You may not use THIS SITE's domain
name as a pseudonymous return e-mail address for any communications that
you transmit from another location or through another service. You may not
pretend to be someone else (or spoof their identity) when using THIS SITE.
You may not link to THIS SITE, without THIS SITE's prior consent, which
consent may be withdrawn by THIS SITE at any time, with or without notice, in
THIS SITE's sole discretion.
Data Mining Prohibited
You may not use bots or similar methods or
tools to "data mine" or otherwise gather or extract data from THIS SITE, without
THIS SITE's prior consent, which consent may be withdrawn
by THIS SITE at any time, with or without notice, in THIS SITE's sole
discretion.
Trademarks
The THIS SITE name and logo, and all other
related product and service names, design marks and slogans are
trademarks, service marks or registered trademarks of THIS SITE or its
affiliates and may not be used in any manner without the prior written
consent of THIS SITE or the THIS SITE affiliate that owns any such mark(s). All
other trademarks and service marks are trademarks of their respective
owners.
Consent to Monitoring
THIS SITE is under no obligation to monitor the
information residing on or transmitted to THIS SITE. However, anyone
accessing THIS SITE agrees that THIS SITE may monitor the contents of the
site periodically to
(1) comply with any applicable laws, regulations or other governmental
requests;
(2) operate the Site properly or to protect itself and its users.
THIS SITE
reserves the right to modify, reject or
eliminate any information or other material residing on or transmitted to THIS SITE
(or the server(s) that host THIS SITE) that it, in its sole
discretion, believes is unacceptable or in violation of the terms and
conditions of this Agreement. THIS SITE and any Third Party Site may
contain content provided by advertisers or other third parties that may
not be suitable for children. THIS SITE asks parents or legal guardians to
assist THIS SITE by supervising the activities of children at THIS SITE. THIS SITE
does not knowingly collect personal information from children through THIS SITE.
Limitation of Liability
THE USER OF THIS SITE ASSUMES ALL
RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET
GENERALLY. THIS SITE ASSUMES NO RESPONSIBILITY FOR THE ACCURACY,
COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER
MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH,
OR LINKED DOWNLOADED OR ACCESSED FROM THIS SITE.
IN NO EVENT SHALL THIS SITE OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING
BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN
CONNECTION WITH
(A) THE USE OR PERFORMANCE OF THIS SITE OR ANY THIRD PARTY SITE
(B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON,
DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY
SITE),
(C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE,
OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN
ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS SITE, OR
(D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF
THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER
TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER THIS SITE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
No Warranties
Any material on THIS SITE may include
technical or other inaccuracies or typographical errors.
THIS WEB SITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR
GUARANTEES.
THIS SITE AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS
AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NONINFRINGEMENT.
NO ADVICE OR INFORMATION GIVEN BY THIS SITE, ITS AFFILIATES OR THEIR
RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER THIS SITE NOR
ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS SITE OR THE
INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY
INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER THIS SITE NOR ITS
AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING
(1) THE OPERATION OR PERFORMANCE OF THIS SITE OR ANY THIRD PARTY SITE, (2)
THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE
PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS
CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE
(INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY
SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY
SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN
ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS SITE, OR (4) THE INTERNET GENERALLY.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND
OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
Disclaimer of Endorsement / Linked Sites
Reference herein to any products, services,
processes, hypertext links to third parties or other information by trade
name, trademark, manufacturer, supplier or otherwise does not constitute
or imply its endorsement, sponsorship or recommendation by THIS SITE. Product
and service information is the sole responsibility of each individual
vendor.
Security/No Disruption
You agree that you will comply with any
security processes and procedures (such as passwords) specified by THIS SITE
with respect to access to or use of the Site. Further, you agree not to
access or attempt to access any areas of or through THIS SITE which are
not intended for general public access, unless you have been provided with
explicit written authorization to do so by THIS SITE. You agree that you will
not disrupt the functioning of THIS SITE or otherwise act in a way that
interferes with other users' use of the Site.
Changes to This
Agreement
THIS SITE reserves the right to change any of
the terms of this Web Site Use Agreement (including, without limitation,
any terms, policies or notices incorporated herein by reference) without
prior notice. You agree to visit THIS SITE periodically to be aware of and
review any such changes. Changes to this Agreement will be effective upon
posting. By continuing to use THIS SITE after changes are posted, you
accept the changes and agree to them.
Access / Failure to Comply
THIS SITE has the right to terminate, suspend
or restrict your access to THIS SITE, unilaterally and without notice, in
the event you violate any of the terms of this Agreement. In addition, if
asked to do so, you agree that you will not attempt to access THIS SITE.
THIS SITE also reserves any and all remedies at law or equity in connection
with violation of the terms of this Agreement.
You agree, at your own expense, to indemnify, defend and hold THIS SITE (and
its subsidiaries, officers, directors, agents, employees and third parties
providing content on THIS SITE) harmless from and against any claim or
demand, and all losses incurred, arising from or related to
(a) any violations of this Agreement or
(b) your use of (or conduct on) any Third Party Site (including, without
limitation,
(i) any information, software or other material viewed or accessed
by you on or through any Third Party Site (including without limitation,
any advertisement for products or services on any Third Party Site),
(ii) any transactions initiated or conducted by you through any
Third Party Site (including, without limitation, any taxes associated
therewith and any use by third parties of your credit card
information),
(iii) any products or services that you bid on, purchase or
otherwise obtain on or through any Third Party Site (including, without
limitation, the quality, safety and legality of such products or services
or the sale thereof), and
(iv) the conduct of sellers of any products or services that you bid
on, purchase or otherwise obtain on or through any Third Party Site).
Information Provided by You
Should any user of THIS SITE provide THIS SITE
with information, including but not limited to feedback, data, questions,
answers, comments, suggestions, plans, ideas or the like, such information
shall be deemed to be non-confidential, and THIS SITE assumes no obligation
to protect such information from disclosure (or any obligation of any kind
with respect to such information). The submission of such information to THIS SITE
shall in no way prevent the purchase, manufacture or use of similar
products, services, plans, ideas and the like by THIS SITE for any purpose
whatever and shall be free to reproduce, use, disclose, and distribute the
information to others without restriction.
You agree and understand that THIS SITE may, in its sole discretion for any
reason, and without any prior notice or liability, delete any files that
you may maintain at THIS SITE, and any information you may choose to post
here. You should keep a copy of any material that you maintain or post at THIS SITE
because THIS SITE will not undertake to retain copies of any
material that THIS SITE or others may delete from THIS SITE.
Miscellaneous
You and THIS SITE agree that the substantive
laws of the state of Maryland, without reference to its principles of
conflicts of laws, will be applied to govern, construe and enforce all of
the rights and duties of the parties arising from or relating in any way
to the subject matter of this Agreement. YOU AND THIS SITE CONSENT TO THE
EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN
MARYLAND, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY
OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEB
SITE. Except as otherwise required by law, any cause of action or claim
you may have with respect to this Web 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.
If any portion of this Agreement is ruled invalid or otherwise
unenforceable, it shall be deemed amended in order to achieve as closely
as possible the same effect as originally drafted. Any invalid or
unenforceable portion should be construed as narrowly as possible in order
to give effect to as much of the Agreement as possible. No waiver of any
breach of any agreement or provision of this Agreement, nor any failure to
assert any right or privilege contained in this Agreement, shall be deemed
a waiver of any preceding or succeeding breach of any agreement or
provision.
You agree not to assign or otherwise transfer this Agreement in whole or
in part; any attempt to do so shall be void.
This Agreement (including all policies, notices and other terms
incorporated into this Agreement by reference) constitutes the entire
agreement between you and THIS SITE with respect to the subject matter hereto
and supersedes any and all prior or contemporaneous agreements whether
written or oral. Any terms varying from this Agreement in any
written, electronic or other communication from you are void.
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