BEFORE YOU CLICK ON THE "I AGREE" CHECK-BOX PLEASE
READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT CAREFULLY.
BY CLICKING ON THE "I AGREE" CHECK BOX 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.Three4Ten.com ("Site")
is provided by Three4Ten.com. Your access to and use of the Site
is governed by this Subscriber Agreement ("Agreement").
As used in this Agreement, "Three4Ten.com," "we," "us'" or "our" refers
to Three4Ten.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 Three4Ten.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 Three4Ten.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: david@maximizecommunications.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 Three4Ten.comor until you notify Three4Ten.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 Three4Ten.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. Three4Ten.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 Three4Ten.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 Three4Ten.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 david@maximizecommunications.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 Three4Ten.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
Three4Ten.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 Three4Ten.com nor its affiliates,
not any of their officers, directors, employees, or agents. You
acknowledge that Three4Ten.com does not pre-screen all content,
but that Three4Ten.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, Three4Ten.com and its
designees shall have the right to remove any content that violates
this Agreement or is otherwise objectionable. You specifically
agree that Three4Ten.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 Three4Ten.com
(or material that other suppliers have licensed to Three4Ten.com
for their use) which is protected by copyright and other laws
respecting proprietary rights. Three4Ten.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 Three4Ten.com except as expressly permitted under
this Agreement and under U.S. copyright laws. Any routine and/or
systematic redistribution of any portion of the products licensed
herein is expressly prohibited.
End users who are duly authorized may Access Three4Ten.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 Three4Ten.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 Three4Ten.com and/or Three4Ten.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 Three4Ten.com, and/or any of Three4Ten.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 Three4Ten.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 Three4Ten.com.
If you breach any provision of this Agreement, Three4Ten.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. Three4Ten.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
Three4Ten.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 Three4Ten.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 Three4Ten.com. While we use commercially reasonable efforts
to provide accurate information, Three4Ten.com gives no warranty
as to the accuracy of the database and other content on the Site.
Three4Ten.com reserves the right to withdraw or delete information
or content from the Site at any time.
8. Links to Third Party Sites
Three4Ten.com does not endorse the content on any third-party
Web site, including Web sites of Three4Ten.com's affiliates ("Third-Party
Sites"). Three4Ten.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 Three4Ten.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 Three4Ten.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 Three4Ten.com AND ITS AFFILIATES ARE PROVIDED "AS
IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES
OF ANY KIND, AND Three4Ten.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, Three4Ten.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 Three4Ten.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 Three4Ten.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL Three4Ten.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 Three4Ten.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 Three4Ten.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
Three4Ten.com may terminate your subscription and/or access,
or suspend access to all or part of the Site, without notice,
for any conduct that Three4Ten.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 Three4Ten.com. Three4Ten.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 Three4Ten.com
in a non-electronic record, and any assignment without Three4Ten.com's
consent will be voidable at Three4Ten.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 Alabama,
without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened
to violate Three4Ten.com and/or its affiliates' intellectual
property rights, Three4Ten.com and/or its affiliates may seek
injunctive or other appropriate relief in any state or federal
court in the State of Alabama, 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: Cullman. 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: david@maximizecommunications.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
Three4Ten.com may change the provisions of this Agreement. When
Three4Ten.com changes the terms of this Agreement, Three4Ten.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 Three4Ten.com
except in a signed, non-electronic writing signed by an authorized
representative of Three4Ten.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 Three4Ten.com or its affiliates as a result
of this Agreement or your use of the Site.
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