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WebRunners
241 Calle Pintoresco
San Clemente, CA 92673
info@WebRunners.com
WebRunners
Terms of Use and Limitations
The WebRunners web site is one of the various web sites comprised
and operated by WebRunners or its affiliates. This web site will
be referred to in this agreement as "WebRunners." This
Agreement applies to the WebRunners collection of web sites, including,
but not limited to, WebRunners. You will need to read this Agreement
in its entirety to review the general provisions of the Terms
of Use and Notices and Additional Terms specific to the product
or service for which you are now signing up.
The
WebRunners Network is offered to you conditioned on your acceptance
without modification of these Terms of Use and Notices. Your use
of the WebRunners Network constitutes your agreement to these
Terms of Use and Notices. Your use of a particular WebRunners
web site included within, or acceptance of a product, service
or benefit obtained through the WebRunners Network, may also be
subject to additional terms specified in this document, on the
applicable WebRunners web site or in other accompanying documentation
(as such terms may be modified by WebRunners from time to time
as described below in the "Additional Terms").
If any of the terms, conditions, and notices contained herein
conflict with the Additional Terms or other terms and guidelines
contained within or applicable to any particular WebRunners web
site, including, but not limited to WebRunners, service, product
or benefit, then the applicable Additional Terms shall control.
You agree to familiarize yourself with the Terms of Use and Notices,
including the Additional Terms, and other terms and guidelines
found throughout the WebRunners Network and abide by them if you
choose to use the sites, or accept the products, services or benefits,
to which such terms apply.
MODIFICATION OF THESE TERMS OF USE AND NOTICES
WebRunners reserves the right to change the Terms of Use and Notices,
and any Additional Terms at anytime, effective upon making the
modified provisions available on the WebRunners Network. You are
responsible for regularly reviewing these terms and conditions.
Continued use of the WebRunners Network after any such changes
shall constitute your consent to such changes. WebRunners does
not and will not assume any obligation to notify you of any changes
to the Terms of Use and Notices, or Additional Terms.
ACCEPTABLE USE LIMITATION
Your right to use WebRunners is personal to you, the user. As
a condition of your use of the WebRunners Network, you warrant
to WebRunners that you will not use WebRunners products or services
for any purpose that is unlawful, or prohibited by these Terms
of Use and Notices or the Additional Terms (as may be modified
from time to time). You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software, products,
services or benefits obtained from WebRunners, except as expressly
provided herein.
In addition,
you may not use the products or services provided through or in
connection with WebRunners to: defame, abuse, harass, threaten
or otherwise violate the legal rights (such as rights of privacy
and publicity) of others; conduct or forward illegal contests,
pyramid schemes or chain letters; publish, post, distribute, disseminate
or link to any: (i) inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information;
(ii) software or other material protected by intellectual property
laws, rights of privacy or publicity, or other proprietary rights,
unless you own, control such rights or have received all necessary
consents for your use of such software and other materials; (iii)
software or other material that contains viruses, corrupted files,
or that may or are intended to damage the operation of another's
computer (e.g., "cracks" or other programs written to
defeat the security measures of any computer, system or programs);
sell, distribute, disseminate or link to any sites for marketing,
sales or distribution of: firearms, explosives, ammunition, liquor,
tobacco products, food that is not packaged or does not comply
with all applicable laws for sale to consumers by commercial merchants,
pharmaceuticals and Controled substances, counterfeit, pirated
or stolen goods, any goods or services that infringe or otherwise
violate a third party's rights, registered or unregistered securities,
goods or services that (i) you cannot legally sell, (ii) are misrepresented,
and/or (iii) would cause WebRunners to violate any law, statute
or regulation; harvest or otherwise collect information about
third parties, including e-mail addresses, without the express
consent of such third parties; restrict or inhibit any other user
from using and enjoying its rights in WebRunners ; or violate
any applicable governmental laws or regulations.
The information provided by WebRunners to you may be proprietary
in nature. You agree not to share any information provided to
you by or on behalf of WebRunners with any third party. If you
sell or otherwise distribute goods or services that compete with
or may otherwise serve as a substitute for products or services
sold or otherwise distributed by WebRunners via the WebRunners
Network, you may not: (a) use or acquire, or have any other person
use or acquire on your behalf, the products or services of WebRunners
for which you offer competing or substitute products or services;
or (b) advertise, promote, market or solicit offers to acquire
such competing or substitute products in connection with your
use of WebRunners.
WebRunners
is not obligated to monitor the content on WebRunners Network.
However, with respect to the use of the products and services
offered on WebRunners Network, WebRunners reserves the right to
disclose any information or materials as 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, from the WebRunners web site,
in WebRunners's sole discretion.
FEES
Some products and services available through or in connection
with WebRunners require that you purchase a subscription or otherwise
pay a fee. You hereby authorize the WebRunners Network or WebRunners
to charge your credit card in advance for all applicable fees
incurred by you or on your behalf in connection with your use
of the WebRunners product or service you have chosen to use. You
shall be solely responsible for all charges, fees, duties, taxes,
and assessments arising out of your use of WebRunners. WebRunners
reserves the right to modify the fees charged for WebRunners products
and services from time to time; provided that such modifications
shall not take effect earlier than thirty (30) days after WebRunners
posts such modifications on the WebRunners web site. Amounts not
paid by you to the WebRunners Network or WebRunners when due may
bear interest at the lesser of (a) one and one-half percent (1.5%)
per month, and (b) the maximum rate permitted by applicable law.
If you notify WebRunners in writing that you are terminating this
Agreement, fees pre-paid by you to the WebRunners Network or WebRunners
for WebRunners products or services will be credited back to your
applicable credit card on a pro rated basis (except to the extent
such termination is due to your breach of this Agreement) within
forty-five (45) days after receipt of your notice of termination.
WebRunners is not required to refund directly to you any amounts
paid hereunder.
LINKS TO THIRD PARTY SITES
Links within WebRunners may let you leave the WebRunners web site
and/or the WebRunners Network. You acknowledge that the linked
sites are not under the control of WebRunners or WebRunners and
that WebRunners or WebRunners are not responsible for the contents
or operation of such linked sites or any link contained in such
linked site, or any changes or updates to such sites. WebRunners
or WebRunners are not responsible for webcasting or any other
form of transmission received from any linked site. WebRunners
is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by WebRunners
of the linked site or any association with their operators.
USE OF COMMUNICATION SERVICES
WebRunners may contain bulletin board services, chat areas, news
groups, forums, communities, personal and business web pages,
electronic mail postings and/or other message or communication
facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services").
You agree to use the Communication Services only to post, send
and receive messages and material that are proper and related
to the particular Communication Service, and to comply with all
applicable laws and these Terms of Use and Notices. By way of
example, and in addition to above acceptable use limitations,
you agree that when using a Communication Service, you will not:
Advertise or offer to sell or buy any goods or services, unless
such Communication Service specifically allows such messages;
Falsify, delete or alter any material, author attributions, legal
or other proper notices or proprietary designations or labels
of the origin or source of material contained in a file that is
uploaded via the Communication Services; Restrict or inhibit any
other user from using and enjoying its rights in the Communication
Services; Violate any code of conduct or other guidelines that
may be applicable for any particular Communication Service; Harvest
or otherwise collect information about others, including e-mail
addresses, without their express consent; Link the Communication
Services to any unsolicited communication sent to any third party,
or otherwise use or mention the Communications Services in connection
with any such unsolicited communication; or, Violate any applicable
laws or regulations. WebRunners reserves the right, but is not
obligated, to review materials posted to a Communication Service
and to remove any such materials in its sole discretion, without
notice at any time. In addition, WebRunners reserves the right
to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever. Furthermore,
WebRunners reserves the right to terminate or change any Communication
Service at anytime.
WebRunners
is not obligated to monitor the Communication Services. However,
with respect to the use of the Communication Service, WebRunners
reserves the right to disclose any information or materials as
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, from the Communication
Service in WebRunners's sole discretion.
You acknowledge that Communication Services are public and not
private communications, therefore your communications may be read
by others without your knowledge. Always use caution when giving
out any personally identifying information about yourself or others
in any Communication Service. WebRunners does not control or endorse
the content, messages or information found in any Communication
Service and, therefore, WebRunners specifically disclaims any
liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service.
Forum managers and hosts of the Communication Services are not
authorized WebRunners agents or spokespersons, are not able to
bind WebRunners, nor do their views necessarily reflect those
of WebRunners.
Materials
uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination, and you are responsible
for adhering to such limitations if you download the materials.
LICENSE YOU GRANT TO WebRunners
WebRunners does not claim ownership of the materials you provide
to WebRunners (including feedback and suggestions) or post, upload,
input or submit in connection with your use of WebRunners or any
Web site ("Your Web Site") created by you or on your
behalf in connection with the use of WebRunners (collectively
"Submissions"). However, you grant WebRunners a royalty-free
license to use (including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate, sublicense and reformat your Submission,
and to publish your name in connection with your Submission) your
Submission only in connection with the operation and promotion
of WebRunners. You also grant WebRunners the right to publish
your name in connection with any such communication. No compensation
will be paid or due you with respect to WebRunners' or its sublicensees
use of the materials as licensed above. WebRunners is under no
obligation to post or use any materials you may provide, and may
remove such materials at any time in WebRunners' sole discretion.
By posting messages, uploading files, inputting data, submitting
any feedback or suggestions, or engaging in any other form of
communication with or through any WebRunners Network web site,
included, but not limited to, WebRunners, you warrant and represent
that you own or otherwise control the rights necessary to do so
and to grant WebRunners the license set forth above, and you will
defend and indemnify WebRunners and its suppliers from any third
party claim related to a breach of any of the foregoing representations
or warranties.
SOFTWARE AVAILABLE ON THE WebRunners NETWORK
Software (if any) that is made available to download from or otherwise
through the WebRunners Network, excluding software that may be
made available by third parties via WebRunners, ("Software")
is the copyrighted work of WebRunners, WebRunners Network, and/or
their suppliers. Your use of the Software is governed by these
Terms of Use and Notices, and the applicable Additional Terms,
and the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License Agreement").
To the extent that the License Agreement conflicts with the Terms
of Use and Notices, and/or Additional Terms, the terms of the
License Agreement shall govern your use of the Software. You may
not install or use any Software that is accompanied by or includes
a License Agreement unless you first agree to the License Agreement.
For any Software not accompanied by a license agreement, WebRunners
hereby grants to you, the user, a personal, non-exclusive, non-transferable
license to use the Software for viewing and otherwise using the
particular v web site in accordance with the applicable Terms
of Use and Notices, and for no other purpose. In addition, you
shall keep intact all and may not alter any copyright and other
proprietary notices contained in such Software. All Software is
owned by WebRunners, WebRunners Network, and/or its suppliers,
and is protected to the maximum extent permitted by copyright
laws and international treaty provisions. Any reproduction or
redistribution of the Software is expressly prohibited, and may
result in severe civil and criminal penalties. Persons violating
the foregoing, or who otherwise misappropriate any intellectual
property or proprietary rights related to the Software may be
prosecuted to the maximum extent possible. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER
OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER
OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN
ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software,
and any accompanying documentation and/or technical information,
is subject to applicable export control laws and regulations of
the USA. You agree not to export or re-export the Software, directly
or indirectly, to any countries that are subject to USA export
restrictions. All software downloaded or otherwise obtained by
the U.S. Government pursuant to solicitations issued on or after
December 1, 1995 is provided with the commercial license rights
and restrictions described elsewhere herein.
LIABILITY DISCLAIMER
The information, software, products, services and other material
included in or available through the WebRunners Network may not
be complete, and may include inaccuracies or errors, and may also
be modified or deleted from time to time. Advice, information,
products, services or other materials received via the WebRunners
Network should not be relied upon for personal, medical, legal,
business, financial or other decisions and is not intended to
replace the advice of appropriate and qualified professionals.
You acknowledge that you should consult an appropriate professional
for specific advice tailored to your situation.
Your
access to and use of the WebRunners Network, and products and
services of WebRunners, is at your own risk. WebRunners, and its
members and sponsors, will not be liable for any damage, loss
or disclosure of information, data, revenue, accounts or business
that occurs in connection with your use of the WebRunners Network,
or such products or services. WebRunners makes no guarantees of
any kind regarding the dependability, accuracy, security, timeliness
or availability of the WebRunners Network, or such products or
services. Without limiting the foregoing, WebRunners, WebRunners
NETWORK, AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY,
COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN WebRunners
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. WebRunners, WebRunners NETWORK, AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO
EVENT SHALL WebRunners, WebRunners NETWORK AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF WebRunners OR RELATED SERVICES, WITH THE DELAY OR INABILITY
TO USE V OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH WebRunners, OR OTHERWISE
ARISING OUT OF THE USE OF WebRunners, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WebRunners
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF WebRunners, OR WITH ANY OF THESE TERMS OF
USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING WebRunners AND ITS RELATED SERVICES. Without limiting the
foregoing, WebRunners is not responsible for any of your data
residing on WebRunners and WebRunners hardware. You are responsible
for backing-up your data and information that may reside on the
WebRunners hardware, whether or not such information is produced
through the use of WebRunners. It is your responsibility to take
the necessary steps to ensure your primary means of business is
maintained.
You
agree to defend, indemnify and hold WebRunners and its suppliers
harmless from and against any and all claims, losses, liability
costs and expenses (including but not limited to attorneys' fees)
arising from your violation of these Terms of Use and Notices
(including, without limitation, violation of applicable Additional
Terms of Use), or any third-party's rights, (including, without
limitation, infringement of any copyright, violation of any proprietary
right and invasion of any privacy rights). These obligations will
survive any termination of your relationship with WebRunners or
your use of WebRunners.
SERVICE CONTACT
If you need to contact WebRunners, please send email to info@WebRunners.com.
TERMINATION
WebRunners may terminate this agreement and your access to WebRunners
(in whole or in part) and related services at any time, with or
without cause, and with or without notice. Anyone determined by
WebRunners to have violated these Terms of Use and Notices, or
any Additional Terms may be barred from using the WebRunners Network,
or from receiving any products, services or benefits from WebRunners.
In addition, if you violate any of these Terms of Use and Notices,
or Additional Terms (as applicable) you will forfeit all in-kind
credits and amounts accruing to you (if any) in connection with
the WebRunners Network.
COPYRIGHT
AND TRADEMARK NOTICES
All contents of WebRunners and the WebRunners Network are: Copyright
(c) 2002 WebRunners and/or its suppliers. All rights reserved.
TRADEMARKS
WebRunners is either a trademark or registered trademark of WebRunners.
The names of actual companies and products mentioned herein may
be the trademarks of their respective owners. Any rights not expressly
granted herein are reserved by WebRunners. |