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| BEFORE
YOU PURCHASE, PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER
AGREEMENT, INCLUDING LINKS CAREFULLY. BY
PURCHASING AT SAFELIST WORLD, YOU ARE AGREEING TO BECOME A PARTY
TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER
AGREEMENT. Subscriber
Agreement The
Web site located at http://www.safelistworld.com ("Site")
is provided by Safelistworld.com. Your access to and use of
the Site is governed by this Subscriber Agreement ("Agreement").
As used in this Agreement, "Safelistworld.com," "we,"
"us'" or "our" refers to Safelistworld.com,
and "you" or "your" refers to you, the user
of the Site. The Agreement below is the agreement you consented
to upon subscribing to the site. The Agreement does not apply
to use of the publicly available Web Site maintained by Safelistworld.com.
1.
Access and Passwords As
part of the subscription process for this Site, you have selected
or been assigned a particular username and password in accordance
with Safelistworld.com's username and password guidelines. YOU
AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE
SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT
OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You
agree that all actions taken by you, or any other user that
accesses the Site using your username and password, at or through
the Site will be attributed to and legally bind you, even with
respect to acts for which the user had no actual authority or
made an error. You assume all resulting liability from use of
the Site and any services available on it by you or others using
your username or password. If you lose your username or password,
please contact us at: trey@safelistworld.com. 2.
Subscription Fees and Payments You
can always find the current Subscription Fees posted on our
site. Your subscription will continue and renew automatically,
unless terminated by Safelistworld.com or until you notify Safelistworld.com
by email or as designated on the Site of your decision to terminate
your subscription. If there are any annual, monthly, or similar
periodic fees for your subscription, these fees will be billed
automatically to the credit card designated during the registration
process for the Site or subsequently designated by you to Safelistworld.com,
at the start of the annual, monthly, or similar period, and
at the start of each renewal period, unless you terminate your
subscription before the relevant period begins. You agree to
pay or have paid all fees and charges incurred in connection
with your username and password for the Site (including any
applicable taxes) at the rates in effect when the charges were
incurred. All fees and charges are nonrefundable. Safelistworld.com
may change the fees and charges then in effect, or add new fees
or charges, by giving you notice in advance. All fees and charges
incurred in connection with your Safelistworld.com username
and password will be billed to the credit card designated during
the registration process for the Site or subsequently designated
by you to Safelistworld.com. If you want to designate a different
card or there is a change in credit card validity or expiration
date, or if you believe someone has accessed the Site using
your username and password without your authorization, you may
email us at trey@safelistworld.com. You are also responsible
for any fees or charges incurred to access the Site through
an Internet service provider or other third party service. YOU,
AND NOT Safelistworld.com, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS
BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED
BY YOU. 3.
Privacy Our
Privacy Notice is a part of this Agreement and its terms are
incorporated herein by this reference. Please read it now at
the link on our site. 4.
User Conduct The
Site may contain bulletin board services, news groups, forums,
and/or other message or communication facilities ("Communication
Services") designed to enable you to communicate with others.
You agree to use the Communication Services only to submit or
post messages and material that are proper and, when applicable,
related to the particular Communication Service. You are also
prohibited from submitting to, posting or transmitting through
Safelistworld.com any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, sexually explicit, profane,
hateful, racially, ethnically, or otherwise objectionable material
of any kind, including but not limited to any material that
encourages conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any applicable
local, state, national, or international law. Content that consists
of or contains software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of "spam"
is prohibited. You may not use a false email or postal address,
impersonate any person or entity, or otherwise mislead as to
the origin of your posted content. Any
opinions, advice, statements, services, offers, or other information
that constitutes part of the content expressed or made available
by third parties are those of the respective authors or distributors
and not of Safelistworld.com nor its affiliates, not any of
their officers, directors, employees, or agents. You acknowledge
that Safelistworld.com does not pre-screen all content, but
that Safelistworld.com and its designees shall have the right
(but not the obligation) in their sole discretion to refuse
or move any content that is made available via the Communication
Services. Without limiting the foregoing, Safelistworld.com
and its designees shall have the right to remove any content
that violates this Agreement or is otherwise objectionable.
You specifically agree that Safelistworld.com is not responsible
for any content sent using and/or included in the Site by any
third party. 5.
Copyright and Restrictions This
Web site contains proprietary material of Safelistworld.com
(or material that other suppliers have licensed to Safelistworld.com
for their use) which is protected by copyright and other laws
respecting proprietary rights. Safelistworld.com retains all
rights in the material and media, including (without limitation)
all copyright and other proprietary rights worldwide in all
media. You may not use Safelistworld.com except as expressly
permitted under this Agreement and under End
users who are duly authorized may Access Safelistworld.com for
individual use, i.e., may view the information on screen; may
download small portions of the information to a computer disk
for personal convenience and later reference; and may print
paper copies of small portions for personal use only. The
rights granted here are an expansion of the rights granted under
the Copyright Act and do not include any rights to reproduce
in its entirety any portion of the information or materials
contained therein. No part of the information may be duplicated
in any medium or format beyond the express terms of this Agreement
without prior written authorization from Safelistworld.com.
Any use not authorized by the Agreement is prohibited and is
not a fair use under the U.S. copyright law. You
acknowledge that the information (and the licensed materials
contained therein) is highly proprietary in nature and that
unauthorized copying, transfer or use may cause Safelistworld.com
and/or Safelistworld.com’s suppliers irreparable injury that
cannot be adequately compensated for by means of monetary damages.
You agree that any breach of this provision by you, or any subscriber
or end-user, may be enforced by Safelistworld.com, and/or any
of Safelistworld.com’s suppliers, by means of equitable relief
(including, but not limited to, injunctive relief) in addition
to any other available rights and remedies. You
agree that any supplier of any portion of the licensed materials
may enforce its rights against you, even though that supplier
is not a party to the Agreement. You
may not and may not permit others to: reproduce, publish, distribute,
sell, or otherwise access or use any material retrieved from
or contained in or on this Site in any manner whatsoever that
may infringe any copyright or proprietary interest of Safelistworld.com;
distribute the information contained in and/on this Site to
other users not duly authorized to Access the Site; distribute,
rent, sublicense, lease, transfer or assign the information
or Agreement; decompile, disassemble, or otherwise reverse-engineer
this Site or information contained in or on this Site or any
software contained therein, or alter, translate, modify, or
adapt it to create derivative works. Unauthorized reproduction,
transfer, and/or use may be a violation of criminal as well
as civil law. You
are expressly prohibited from placing or installing any portion
of the information on any electronic media, including, but not
limited to, local or wide area networks, timesharing services,
multiple processing units, multiple site arrangements, service
or software rental bureaus, list servers, online services, electronic
bulletin boards or forums, World Wide Web sites or any other
server that is Internet-enabled, without written authorization
by Safelistworld.com. If
you breach any provision of this Agreement, Safelistworld.com
may immediately terminate this Agreement and all licenses granted
hereunder without prior notice and in addition to any other
available rights and remedies 6.
Limitations on Use The
following activities are prohibited. You agree not to: a.
Use Web-accelerated browsers or products (including but not
limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro),
or other applications that are capable of copying large portions
of content from the Site. Safelistworld.com can detect the use
of these systems through live logfile analysis and will ban
any future use by offenders. b.
Use robots and crawlers, or similar technology, without following
the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html).
We are able to detect robots violating the guidelines and we
will ban any offenders. If you are using a robot/crawler to
check Safelistworld.com links, it must operate according to
the robot guidelines (see above). Do not leave new robots unattended
and allow a minimum of 1 minute between automated requests. c.
Use any device, software or routine or the like to interfere
or attempt to interfere with any Site functionality; d.
Take any action that imposes an unreasonable or disproportionately
large load on the Site infrastructure; e.
Use any email addresses appearing on the Site for purposes not
relating specifically to the Site; f.
Access the Site by any means other than through the interface
that is provided by Safelistworld.com, or attempt or access
any area of the Site to which your access is not authorized;
or g.
Reverse engineer, reverse assemble or otherwise attempt to discover
any source code relating the Site, except to the extent that
such activity is expressly permitted by applicable law notwithstanding
this limitation. 7.
Accuracy and Availability of Information The
Site contains database information and other content compiled
by Safelistworld.com. While we use commercially reasonable efforts
to provide accurate information, Safelistworld.com gives no
warranty as to the accuracy of the database and other content
on the Site. Safelistworld.com reserves the right to withdraw
or delete information or content from the Site at any time. 8.
Links to Third Party Sites Safelistworld.com
does not endorse the content on any third-party Web site, including
Web sites of Safelistworld.com's affiliates ("Third-Party
Sites"). Safelistworld.com is not responsible for the content
of Third-Party Sites that you reach through links on the Site,
sites framed within the Site, or third-party advertisements
on the Site, and we do not make any representations regarding
their content or accuracy. Your use of Third-Party Sites is
at your own risk and subject to the terms and conditions of
use for such sites. Any transaction that you conduct at a Third-Party
site will be between you and the party providing that Web site.
This means that Safelistworld.com is not your agent and is not
a party to any transaction at a Third-Party Site. 9.
Representations and Warranties You
represent and warrant to Safelistworld.com that: (a) you possess
the legal right and ability to enter into this Agreement; (b)
all information submitted by you to the Site is true and accurate;
(c) you will be responsible for all use of your username and
password even if such use was conducted without your authority
or permission; (d) you are at least 18 years old; and (e) you
will not use the Site for any purpose that is unlawful or prohibited
by this Agreement. 10.
Disclaimer of Warranties ALL
CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN
THIS SITE BY Safelistworld AND ITS AFFILIATES ARE PROVIDED "AS
IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES
OF ANY KIND, AND Safelistworld.com AND ITS AFFILIATES HEREBY
DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
Safelistworld.com DOES NOT MAKE ANY WARRANTIES REGARDING THE
FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME;
(b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT
IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE
SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE
OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT
WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE,
CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR
CRITERIA OF PERFORMANCE OR QUALITY. 11.
Limitation of Damages IN
NO EVENT WILL Safelistworld.com OR ANY OF ITS AFFILIATES BE
LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED
ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT,
TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF
Safelistworld.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. 12.
Limitation of Liability; Exclusive Remedy ALSO,
IN NO EVENT WILL Safelistworld.com OR ANY OF ITS AFFILIATES
BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS
OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY Safelistworld.com
FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE
AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM. 13.
Indemnity You
agree to indemnify and hold us harmless, and pay our attorney's
fees and costs, if we become liable for or incur any damages
in connection with your breach of this Agreement. You may not
settle any dispute without our prior consent, which may only
be given in a non-electronic writing signed by an authorized
representative of Safelistworld.com. 14.
Consent to Electronic Notices and Other Communications You
agree that all of your transactions relating to the Site may,
at our option, be conducted electronically, including any that
we are otherwise required to provide in "writing".
For example, we may send you notices via postings at the Site
or via email to any email address that you provide to us during
registration as a Site member. If you do not wish to deal with
us electronically, you should not use the Site or enter into
this Agreement. If applicable law now or later requires us to
communicate with you non-electronically, we reserve the right
to charge a fee for doing so. Notice will be deemed given 24
hours after the email is sent, unless (for email) we are notified
that the email address is invalid. Alternatively, we may give
you notice by mail to the address provided during registration. 15.
Print a Copy for Your Records You
agree to print or make an electronic copy of this Agreement
(and any amendment from time to time) and retain it in your
records. You also agree to make a copy of any other information
that we deliver to you in writing. 16.
Termination Safelistworld.com
may terminate your subscription and/or access, or suspend access
to all or part of the Site, without notice, for any conduct
that Safelistworld.com, in its sole discretion, believes is
in violation of this Agreement, any applicable law, or any act
which is harmful to the interests of another user, service provider,
or Safelistworld.com. Safelistworld.com may also elect not to
renew your subscription and access by providing a notice of
nonrenewal prior to the end of your current subscription term.
Applicable sections of this agreement will survive any termination
or expiration of this Agreement. 17.
Assignment You
agree not to assign your rights under this Agreement without
the consent of an authorized representative of Safelistworld.com
in a non-electronic record, and any assignment without Safelistworld.com's
consent will be voidable at Safelistworld.com's option. This
Agreement will inure to the benefit of and bind the parties'
respective successors and permitted assigns. 18.
Applicable Law and Disputes This
Agreement is governed by the laws of the State of Washington,
without regard to principles of conflict of laws. To
the extent you have in any manner violated or threatened to
violate Safelistworld.com and/or its affiliates' intellectual
property rights, Safelistworld.com and/or its affiliates may
seek injunctive or other appropriate relief in any state or
federal court in the State of Washington, and you consent to
exclusive jurisdiction and venue in such courts. Any
other disputes will be resolved as follows: If
a dispute arises under this agreement, we agree to first try
to resolve it with the help of a mutually agreed-upon mediator
in the following location: Clark County. Any costs and fees
other than attorney fees associated with the mediation will
be shared equally by each of us. If
it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding
arbitration at the following location: trey@safelistworld.com,
under the rules of the American Arbitration Association. Judgment
upon the award rendered by the arbitration may be entered in
any court with jurisdiction to do so. 19.
Amendments Safelistworld.com
may change the provisions of this Agreement. When Safelistworld.com
changes the terms of this Agreement, Safelistworld.com will
notify you by email or online postings on this Site. The changes
will also appear in this document, which you can access any
time. You already agreed to be bound by the changes when you
first subscribed to the site. If you do not agree to be bound
by the changes, you should not use the Site again and you should
cancel your subscription to the Site. Even if you have not clicked
on the "I Agree" button or checked the I agree box
when subscribing, if you use the Site after you have been notified
of a change to this Agreement, you are agreeing now to be bound
by that change. 20.
Entire Agreement; Severability; No Waiver This
Agreement (including all documents incorporated by reference)
is the entire agreement between the parties for its subject
matter and supercedes all prior and contemporaneous communications
between the parties. No term of this Agreement may be waived
by Safelistworld.com except in a signed, non-electronic writing
signed by an authorized representative of Safelistworld.com. 21.
General If
any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties agree that its remaining
provisions will remain in full force and effect, provided that
the allocation of risks described herein is given effect to
the fullest extent possible. Our failure to act with respect
to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. You agree that
no joint venture, partnership, employment or agency relationship
exists between you and Safelistworld.com or its affiliates as
a result of this Agreement or your use of the Site. I
agree to indemnify and hold the company harmless from any claims
resulting from my use of this service. At its sole discretion,
Safelistworld.com may revoke my access for inappropriate usage
or abuse of service. I agree that I have read the disclaimers
on the web site. Safelist World Home Demo Order Testimonials Resellers FAQ Members Copyright
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by Safelist World. All rights are reserved worldwide.
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