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D).
PROHIBITED ACTIVITIES You
are specifically prohibited from any use of these Websites / Web Pages
(“Sites”), and You agree not to use or permit others to use these Websites /
Web Pages (“Sites”), for any of the following: (1) take any action that
imposes an unreasonable or disproportionately large load on the Websites
infrastructure including, but not limited to "spam," or other such
unsolicited mass e-mailing techniques; (2) disclose to, or share confidential
knowledge and/or passwords with any unauthorized third parties or using
passwords for any unauthorized purpose; (3) attempt to decipher, decompile,
disassemble or reverse engineer any of the software or HTML code comprising or
in any way making up a part of these Websites; (4) upload, post, emailing, or
otherwise transmitting any Information, Content, or proprietary rights that You
do not have a right to transmit under any law or under contractual or fiduciary
relationships; (5) violating any applicable local, state, national, or
international law, including, but not limited to, any regulations having the
force of law; and, (6) u sing any robot, spider, intelligent agent, other
automatic device, or manual process to search, monitor, or copy Our Web pages,
or the Content without Our prior written permission, provided that generally
available third party Web browsers may be used without such permission. E).
INFORMATION POSTED TO WEBSITES FTR,
FSBOA, and WOJ may, in its sole discretion, post the advertisements or
promotional materials of third parties on the FTR, FSBOA, and WOJ websites / web
pages (“Sites”). With respect to all Information You elect to post to
publicly accessible areas of the Websites, You agree that We have the right to
use, reproduce, modify, publish, perform, and display such Information (in whole
or part) worldwide. Your
correspondence or dealings with the advertisers and merchants found on the FTR,
FSBOA, and WOJ websites/web pages are solely between you and such party. You
agree that FTR, FSBOA, and WOJ shall not be responsible for any loss or damage
of any sort incurred as a result of any such dealings or as a result of the
presence of such advertisers or merchants on the FTR, FSBOA, WOJ websites / web
pages. Moreover, FTR, FSBOA, WOJ shall not be responsible or liable for the
statements or conduct of any third parties on the FTR, FSBOA, WOJ, websites,
including (without limitation) the statements or conduct of partners/members,
associate advertisers, or merchants. With regard to services or products
purchased or obtained by a user from someone other than FTR, FSBOA, or WOJ and
we make no representation or warranty of merchantability or fitness for a
particular purpose with regard to such services or products, and we hereby
specifically disclaim any and all express and implied representations and
warranties of any nature whatsoever as to such services and products. You
acknowledge and agree that We may preserve Information and may also disclose
Information if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (1) comply with legal
process; (2) enforce the Terms; (3) respond to claims that any Information
violates the rights of third parties; or (4) protect the rights, property, or
personal safety of Our businesses, employees, Partners/Members, Associate
Advertisers, Providers, users, and/or the public F).
LINKS TO OTHER WEBSITES These
Websites may contain links (“Web Pages”) to third parties and/or other
Non-Associated Websites not under Our control or operation (the "Linked
Sites"). The links will let You leave these Websites, and You access them
at Your own risk. You acknowledge that We provide the Linked Sites for Your
convenience and information only. We do not endorse nor are We responsible for
any content, information, or other related materials found at any such Linked
Sites or any links contained within such Linked Sites, whether or not We are
affiliated with the owners of such Linked Sites. Moreover, We do not control any
use of content, information, or other related material that You provide to, or
is collected and/or tracked by, such Linked Sites. Such use by Linked Sites is
governed by the terms of use statements and/or privacy policies of such Linked
Sites, not this Website, and as a result may differ from Ours.
G).
USER-CREATED CONTENT By
placing material on, or communicating with, FTR, FSBOA, or WOJ including for
example communication during membership or registration, communication on FTR,
FSBOA, or WOJ. You
represent and warrant that You own or otherwise control all of the rights to the
content that you provide, that the content is accurate, that it does not violate
these Terms of Service, and that it will not cause injury to any person or
entity. You
grant FTR, FSBOA, and WOJ a royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, copy, modify, display, archive, store, distribute,
reproduce, and create derivative works from all information you provide to us,
in any form, photos, media, software, or technology of any kind now existing or
developed in the future. Without limiting the generality of the previous
sentence, you authorize FTR, FSBOA, and WOJ to include the information you
provide in a searchable format that may be accessed by users of FTR, FSBOA, and
WOJ and other Websites. You also grant FTR, FSBOA, and WOJ and its related
entities the right to use your name and any other information about you that you
provide in connection with its use and with the reproduction or distribution of
such material, and also grant FTR, FSBOA, and WOJ the right to use any material,
information, ideas, concepts, photos, know-how or techniques contained in any
communication you send to us for any purpose whatsoever, including but not
limited to, developing, manufacturing and marketing products using such
information. All rights in this paragraph are granted without the need for
additional compensation of any sort to you. H).
DEALINGS WITH PARTNERS/MEMBERS, ASSOCIATE ADVERTISERS Your
correspondence or business dealings with, or participation in promotions of,
partners/members, associate advertisers found on or through these Websites / Web
Pages, including payment and delivery of related goods or services, and any
other terms, conditions, warranties, or representations associated with such
dealings are solely between You and such partners/members, associate
advertisers, and third parties. You agree that We (and the Providers) shall
neither be responsible nor liable for any loss or damage incurred by You as the
result of any such dealings or as the result of the presence of such
partners/members, associate advertisers on these Websites / Web Pages.
I).
NO WARRANTIES ALL
CONTENT ON THESE WEBSITES / WEB PAGES ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES
WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE
INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER
WE, OUR PARTNERS/MEMBERS, ASSOCIATED ADVERTISERS, OR RELATED ENTITIES, NOR THE
PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION
OF THESE WEBSITES / WEB PAGES, WARRANT THAT THE FUNCTIONS CONTAINED IN THESE
WEBSITES / WEB PAGES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THESE
WEBSITES / WEB PAGES ARE PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION
ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THESE WEBSITES / WEB PAGES, OR AS TO THE
RELIABILITY, ACCURACY, USEFULNESS, OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR
MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THE WEBSITES / WEB PAGES.
WE
ARE AN INTERNET BASED, BRAND NAME, DIRECT MARKETING COMPANIES ACTING AS A
PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION AND PUBLICATION OF YOUR INFORMATION
AND NOT A PUBLISHER. WE HAVE NO MORE EDITORIAL CONTROL OVER SUCH INFORMATION AND
CONTENT THAN DOES A LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS,
SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THE
"PROVIDERS” (INCLUDING IN THE LINKED SITES) ARE THOSE OF THE RESPECTIVE
AUTHORS OR DISTRIBUTORS OF SUCH CONTENT. YOU
USE THESE WEBSITES / WEB PAGES AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE
ENTIRE COST OF ALL-NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR
INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM. J).
LIMITATION OF LIABILITY IN
NO EVENT SHALL WE, NOR OUR PARTNERS/MEMBERS, ASSOCIATED ADVERTISERS, OR RELATED
ENTITIES (INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION,
PRODUCTION AND DISTRIBUTION OF THESE WEBSITES / WEB PAGES, BE LI ABLE FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES
WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY
OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF
THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR
ATTEMPTED USE OF THE WEBSITES / WEB PAGES OR ANY OTHER LINKED SITES. Some states
do not allow for the limitation of liability, so the foregoing limitation may
not apply to You. BY
WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE
RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR
ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT,
INFORMATION, OPINIONS, OR OTHER MATERIALS APPEARING ON THE WEBSITES / WEB PAGES.
MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR
RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD PARTIES. The
limitation of liability reflects the allocation of risk between the parties. The
limitations specified in this Section “J” will survive and apply even if any
limited remedy specified in these Terms is found to have failed of its essential
purpose. The limitations of liability provided in these Terms inure to the
benefit of Us and the Partners/Members, Associated Advertisers, Providers, and
to all respective officers, directors, employees, representatives, attorneys,
and agents. PART
III…Click
Here:Review
the Terms of Use
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