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Welcome to the ememberpro.com owned by RABSystems,
(hereinafter the "COMPANY" or "we").
The
goal of RABSystems is to provide the most up to date
and useful information on the net.
ememberpro.com is an online membership site
providing articles and other useful information.
ememberpro.com requires that all persons or entities
visiting this Website agree to the following terms
and conditions. Please read our Terms of Use
Agreement (the "TOU") carefully before continuing on
with your use of this Website or becoming a
Member/Customer of the Website. The Agreement and/or
Terms shall govern the use of the Website and apply
to all Internet traffic visiting the Website. If you
do not agree to any of these terms, then do not use
the Website.
1. ACCEPTANCE OF TERMS AND BINDING EFFECT
THIS IS A BINDING AGREEMENT. BY USING AND/OR
VISITING THIS WEBSITE (COLLECTIVELY, INCLUDING ALL
CONTENT AVAILABLE THROUGH THE ememberpro.com DOMAIN
NAME, THE "WEBSITE"), YOU ("User," "YOU" OR "YOUR" )
SIGNIFY YOUR ASSENT TO THE TOU, THE WEBSITE'S
PRIVACY POLICY, WHICH IS PUBLISHED AT
RABSystems
WEB SITE TERMS OF USE AGREEMENT
WWW.
.COM AND THE GOODS/SERVICES YOU OBTAIN FROM THE
UTILIZATION OF WEBSITE'S SERVICES AND WHICH ARE
INCORPORATED HEREIN BY REFERENCE. IT IS YOUR
RESPONSIBILITY TO REVIEW THE TOU PERIODICALLY. IF AT
ANY TIME YOU FIND THE TOU AND INCORPORATED
AGREEMENTS UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE
THE WEBSITE AND CEASE ALL USE OF THE SERVICES AND
THE WEBSITE. YOU AGREE THAT BY USING THE SERVICES
YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND
THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS
AGREEMENT.
A. ememberpro.com reserves the right to update the
TOU at any time without notice to User.
B. The right to use ememberpro.com is personal to
User and is not transferable to any other person or
entity. User is responsible for all use of User's
Account (under any screen name or password) and for
ensuring that all use of User's Account complies
fully with the provisions of this Agreement. User
shall be responsible for protecting the
confidentiality of User's password(s), if any.
C. COMPANY shall have the right at any time to
change or discontinue any aspect or feature of
ememberpro.com, including, but not limited to,
content, hours of availability, and equipment needed
for access or use.
2. CHANGED TERMS
The most current version of the TOU can be reviewed
by clicking on the "Terms of Use" hypertext link
located or published at the bottom of our Web pages.
RABSystems shall have the right at any time to
change or modify the terms and conditions applicable
to User's use of ememberpro.com, or any part
thereof, or to impose new conditions, including, but
not limited to, adding fees and charges for use.
Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof,
which may be given by means including, but not
limited to, posting on ememberpro.com, or by
electronic or conventional mail, or by any other
means by which User obtains notice thereof. Any use
of ememberpro.com by User after such notice shall be
deemed to constitute acceptance by User of such
changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Website and Protected Materials,
RABSystems provides User with access to a variety of
resources, including download areas, software,
communication forums and product information
(collectively "Services"). Protected Materials are
all materials or other intellectual property rights,
or which may be construed as proprietary information
including, but not limited to, any and all technical
and non-technical information that is valuable to
RABSystems such as subscription programs,
audio/visual programs, coaching programs, tele-seminars,
tele-coaching, flip charts, audio/video products,
books, training routines, training processes, course
material, literature, pamphlets, processes,
procedures, patents, trademarks, service marks,
products, copyrights, trade secrets, techniques,
sketches, drawings, models, invention, know-how and
equipment related to current and contemplated
products and services, inventions, manufacturing,
purchasing, accounting, engineering, marketing,
merchandising and sales, to the extent necessary and
as may be reasonably required during the
relationship will be considered protected material.
The Services, including any updates, enhancements,
new features, and/or the addition of any new
Protected Materials, are subject to the TOU, the
privacy policy and the domain licenses.
4. EQUIPMENT
User shall be responsible for obtaining and
maintaining all telephone, computer hardware,
software and other equipment needed for access to
and use of ememberpro.com and all charges related
thereto.
5. USER CONDUCT
A. User shall use ememberpro.com for lawful purposes
only. User shall not post or transmit through
ememberpro.com any material which violates or
infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise
violate any law, or which, without RABSystems's
express prior approval, contains advertising or any
solicitation with respect to products or services.
Any conduct by User that in RABSystems's discretion
restricts or inhibits any other User from using or
enjoying ememberpro.com will not be permitted. User
shall not use ememberpro.com to advertise or perform
any commercial solicitation, including, but not
limited to, the solicitation of users to become
subscribers of other on-line information services
competitive with RABSystems.
B. ememberpro.com contains copyrighted material,
trademarks and other proprietary information,
including, but not limited to, text, software,
photos, video, graphics, music and sound, and the
entire contents of ememberpro.com are copyrighted as
a collective work under the United States copyright
laws. RABSystems owns a copyright in the selection,
coordination, arrangement and enhancement of such
content, as well as in the content original to it.
User may not modify, publish, transmit, participate
in the transfer or sale, create derivative works, or
in any way exploit, any of the content, in whole or
in part. User may download copyrighted material for
User's personal use only. Except as otherwise
expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or
commercial exploitation of downloaded material will
be permitted without the express permission of
RABSystems and the copyright owner. In the event of
any permitted copying, redistribution or publication
of copyrighted material, no changes in or deletion
of author attribution, trademark legend or copyright
notice shall be made. User acknowledges that it does
not acquire any ownership rights by downloading
copyrighted material.
C. User shall not upload, post or otherwise make
available on ememberpro.com any material protected
by copyright, trademark or other proprietary right
without the express permission of the owner of the
copyright, trademark or other proprietary right and
the burden of determining that any material is not
protected by copyright rests with User. User shall
be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or
any other harm resulting from such a submission. By
submitting material to any public area of
ememberpro.com, User automatically grants, or
warrants that the owner of such material has
expressly granted RABSystems the royalty-free,
perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or
in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or
hereafter developed for the full term of any
copyright that may exist in such material. User also
permits any other User to access, view, store, or
reproduce the material for that User's personal use.
User hereby grants RABSystems the right to edit,
copy, publish and distribute any material made
available on ememberpro.com by User.
D. The foregoing provisions of Section 5 are for the
benefit of RABSystems, its subsidiaries, affiliates
and its third party content providers and licensors
and each shall have the right to assert and enforce
such provisions directly or on its own behalf.
6. USE OF SERVICES
A. The Services may contain email services, bulletin
board services, chat areas, news groups, forums,
communities, personal web pages, calendars, photo
albums, file cabinets and/or other message or
communication facilities designed to enable User to
communicate with others (each a "Communication
Service" and collectively "Communication Services").
User agrees to use the Communication Services only
to post, send and receive messages and material that
are proper and, when applicable, related to the
particular Communication Service. By way of example,
and not as a limitation, User agrees that when using
the Communication Services, User will not:
" Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters,
junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
" Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
" Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or
information.
" Upload, or otherwise make available, files that
contain images, photographs, software or other
material protected by intellectual property laws,
including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy
or publicity) unless User own or control the rights
thereto or have received all necessary consent to do
the same.
" Use any material or information, including images
or photographs, which are made available through the
Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other
proprietary right of any party.
" Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or
any other similar software or programs that may
damage the operation of another's computer or
property of another.
" Advertise or offer to sell or buy any goods or
services for any business purpose, unless such
Communication Services specifically allows such
messages.
" Download any file posted by another user of a
Communication Service that User know, or reasonably
should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such
manner.
" Falsify or delete any copyright management
information, such as author attributions, legal or
other proper notices or proprietary designations or
labels of the origin or source of software or other
material contained in a file that is uploaded.
" Restrict or inhibit any other user from using and
enjoying the Communication Services.
" Violate any code of conduct or other guidelines
which may be applicable for any particular
Communication Service.
" Harvest or otherwise collect information about
others, including email addresses.
" Violate any applicable laws or regulations.
" Create a false identity for the purpose of
misleading others.
" Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity any
directory of users of the Services or other user or
usage information or any portion thereof.
B. RABSystems has no obligation to monitor the
Communication Services. However, RABSystems reserves
the right to review materials posted to the
Communication Services and to remove any materials
in its sole discretion. RABSystems reserves the
right to terminate User's access to any or all of
the Communication Services at any time, without
notice, for any reason whatsoever. RABSystems
reserves the right at all times to disclose any
information as it deems 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, in RABSystems sole discretion.
C. Materials uploaded to the Communication Services
may be subject to posted limitations on usage,
reproduction and/or dissemination; User is
responsible for adhering to such limitations if User
downloads the materials.
D. Always use caution when giving out any personally
identifiable information in any Communication
Services. RABSystems does not control or endorse the
content, messages or information found in any
Communication Services and, therefore, RABSystems
specifically disclaims any liability with regard to
the Communication Services and any actions resulting
from User's participation in any Communication
Services. Managers and hosts are not authorized
RABSystems spokespersons, and their views do not
necessarily reflect those of RABSystems.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If
any of the Services requires User to open an
account, User must complete the registration process
by providing RABSystems with current, complete and
accurate information as prompted by the applicable
registration form. User also will choose a password
and a user name. User is entirely responsible for
maintaining the confidentiality of User's password
and account. Furthermore, User is entirely
responsible for any and all activities that occur
under User's account. User agrees to notify
RABSystems immediately of any unauthorized use of
User's account or any other breach of security.
RABSystems will not be liable for any loss that User
may incur as a result of someone else using User's
password or account, either with or without User's
knowledge. However, User could be held liable for
losses incurred by RABSystems or another party due
to someone else using User's account or password.
User may not use anyone else's account at any time,
without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS
WEBSITE
A. Any software that is made available to download
from the Services ("Software") is the copyrighted
work of RABSystems and/or its suppliers. Use of the
Software is governed by the terms of the end user
license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). An
end user will be unable to install any Software that
is accompanied by or includes a License Agreement,
unless he or she first agrees to the License
Agreement terms.
B. The License Agreement is based upon one domain
name use. Domains need to be fully owned by the
User. Users can buy as many licenses as they need
for as many domains that the User owns.
C. The Software is made available for download
solely for use or personal use by end users
according to the License Agreement. Any reproduction
or redistribution of the Software not in accordance
with the License Agreement is expressly prohibited
by law, and may result in severe civil and criminal
penalties. The Software is made available for
download solely for use or personal use by end users
according to the License Agreement. Violators will
have their licenses revoked if they do not follow
these terms and will be prosecuted to the maximum
extent possible.
D. WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR
LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE
AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE
IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS
OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE
LICENSE AGREEMENT, RABSystems HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT
E. FOR YOUR CONVENIENCE, RABSystems MAY MAKE
AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE
PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. RABSystems DOES NOT MAKE ANY ASSURANCES
WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT
THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND
UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY
RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES
MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS
WEBSITE
Permission to use Documents (such as white papers,
press releases, datasheets and FAQs) from the
Services is granted, provided that (1) the below
copyright notice appears in all copies and that both
the copyright notice and this permission notice
appear, (2) use of such Documents from the Services
is for informational and non-commercial or personal
use only and will not be copied or posted on any
network computer or broadcast in any media, and (3)
no modifications of any Documents are made.
Accredited educational institutions, such as
universities, private/public colleges, and state
community colleges, may download and reproduce the
Documents for distribution in the classroom.
Distribution outside the classroom requires express
written permission. Use for any other purpose is
expressly prohibited by law, and may result in
severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
RABSystems AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL RABSystems AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE
SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE
SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. RABSystems AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND
SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL RABSystems AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO RABSystems OR POSTED AT
ANY OF ITS WEBSITES
A. RABSystems does not claim ownership of the
materials User provides to RABSystems (including
feedback and suggestions) or post, upload, input or
submit to any Services or its associated services
for review by the general public, or by the members
of any public or private community, (each a
"Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing
or submitting ("Posting") User's Submission User is
granting RABSystems, its affiliated companies and
necessary sublicenses permission to use User's
Submission in connection with the operation of their
Internet businesses (including, without limitation,
all RABSystems Services), including, without
limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat User's
Submission; to publish User's name in connection
with User's Submission; and the right to sublicense
such rights to any supplier of the Services. No
compensation will be paid with respect to the use of
User's Submission, as provided herein. RABSystems is
under no obligation to post or use any Submission
User may provide and RABSystems may remove any
Submission at any time in its sole discretion. By
Posting a Submission User warrants and represents to
own or otherwise control all of the rights to User's
Submission as described in these Terms of Use
including, without limitation, all the rights
necessary for User to provide, post, upload, input
or submit the Submissions.
B. In addition to the warranty and representation
set forth above, by Posting a Submission that
contain images, photographs, pictures or that are
otherwise graphical in whole or in part ("Images"),
User warrants and represents that (a) User is the
copyright owner of such Images, or that the
copyright owner of such Images has granted User
permission to use such Images or any content and/or
images contained in such Images consistent with the
manner and purpose of User's use and as otherwise
permitted by these Terms of Use and the Services,
(b) User has the rights necessary to grant the
licenses and sublicenses described in these Terms of
Use, and (c) that each person depicted in such
Images, if any, has provided consent to the use of
the Images as set forth in these Terms of Use,
including, by way of example, and not as a
limitation, the distribution, public display and
reproduction of such Images. By Posting Images, User
is granting (a) to all members of User's private
community (for each such Images available to members
of such private community), and/or (b) to the
general public (for each such Images available
anywhere on the Services, other than a private
community), permission to use User's Images in
connection with the use, as permitted by these Terms
of Use, of any of the Services, (including, by way
of example, and not as a limitation, making prints
and gift items which include such Images), and
including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat
User's Images without having User's name attached to
such Images, and the right to sublicense such rights
to any supplier of the Services. The licenses
granted in the preceding sentences for a Images will
terminate at the time User completely remove such
Images from the Services, provided that, such
termination shall not affect any licenses granted in
connection with such Images prior to the time User
completely remove such Images. No compensation will
be paid with respect to the use of User's Images.
C. RABSystems is a distributor (and not a publisher)
of content supplied by third parties and Users.
Accordingly, RABSystems has no more editorial
control over such content than does a public
library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other
information or content expressed or made available
by third parties, including information providers,
Users or any other user of ememberpro.com, are those
of the respective author(s) or distributor(s) and
not of RABSystems. Neither RABSystems nor any
third-party provider of information guarantees the
accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any
particular purpose.
12. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY
LAWS
When accessing the Website or using the Services,
you agree to obey the law and to respect the
intellectual property rights of others. Your use of
the Services and the Website is at all times
governed by and subject to laws regarding copyright
ownership and use of intellectual property. You
agree not to upload, download, display, perform,
transmit, or otherwise distribute any information or
Materials in violation of any third party's
copyrights, trademarks, or other intellectual
property or proprietary rights. You agree to abide
by laws regarding copyright ownership and use of
intellectual property, and you shall be solely
responsible for any violations of any relevant laws
and for any infringements of third party rights
caused by any Materials you provide or transmit, or
that is provided or transmitted using your User ID.
The burden of proving that any Materials do not
violate any laws or third party rights rests solely
with you.
13. DISCLAIMER OF WARRANTY; LIMITATION OF
LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF ememberpro.com
IS AT USER'S SOLE RISK. NEITHER COMPANY, ITS
AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT ememberpro.com WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF
ememberpro.com, OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH ememberpro.com.
B. ememberpro.com IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE
LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. USER
SPECIFICALLY ACKNOWLEDGES THAT COMPANY IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT SHALL RABSystems, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING ememberpro.com OR THE RABSystems
SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE
ememberpro.com. USER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER
RABSystems NOR ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF
THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
ememberpro.com, OR FOR ANY DELAY OR INTERRUPTION IN
THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY
CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE
LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY
NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS
ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER
FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER
INFORMATION. RABSystems, ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO
LIABILITY FOR INVESTMENT DECISIONS BASED ON THE
INFORMATION PROVIDED. NEITHER RABSystems NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES
AS TO THE RESULTS OBTAINED FROM THE USE OF THE
INFORMATION.
G. FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE
FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO
CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL,
INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR,
RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY
AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE
OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE
FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER
FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY
SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET
SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED
BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY
WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS
OCCURRENCE. THE PERFORMANCE OF THS AGREEMENT SHALL
THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT
SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS
OBLIGATIONS UNDER THIS AGREEMENT.
14. LINKS TO THIRD PARTY SITES
A.
THE LINKS IN THIS AREA WILL LET YOU LEAVE
RABSystems'S SITE. THE LINKED SITES ARE NOT UNDER
THE CONTROL OF RABSystems AND RABSystems IS NOT
RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR
ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES
OR UPDATES TO SUCH SITES. RABSystems IS NOT
RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE.
RABSystems IS PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY RABSystems OF THE SITE.
B. RABSystems is a distributor (and not a publisher)
of content supplied by third parties and Users.
Accordingly, RABSystems has no more editorial
control over such content than does a public
library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other
information or content expressed or made available
by third parties, including information providers,
Users or any other user of ememberpro.com, are those
of the respective author(s) or distributor(s) and
not of RABSystems. Neither RABSystems nor any
third-party provider of information guarantees the
accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any
particular purpose.
C. In many instances, the content available through
ememberpro.com represents the opinions and judgments
of the respective information provider, User, or
other user not under contract with RABSystems.
RABSystems neither endorses nor is responsible for
the accuracy or reliability of any opinion, advice
or statement made on ememberpro.com by anyone other
than authorized RABSystems employee spokespersons
while acting in their official capacities. Under no
circumstances will RABSystems be liable for any loss
or damage caused by a User's reliance on information
obtained through ememberpro.com. It is the
responsibility of User to evaluate the accuracy,
completeness or usefulness of any information,
opinion, advice or other content available through
RABSystems. Please seek the advice of professionals,
as appropriate, regarding the evaluation of any
specific information, opinion, advice or other
content.
15. UNSOLICITED IDEA SUBMISSION POLICY
RABSystems OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR
CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW
ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS
OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING
PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY
ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER
WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
COMPANY'S PRODUCTS OR MARKETING STRATEGIES MIGHT
SEEM SIMILAR TO IDEAS SUBMITTED TO RABSystems. SO,
PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO COMPANY
OR ANYONE AT RABSystems. IF, DESPITE OUR REQUEST
THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU
STILL SEND THEM, PLEASE UNDERSTAND THAT RABSystems
MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS
WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
16. PRIVACY POLICY
RABSystems respects your privacy and permits Users
to control the treatment of personal information. A
complete statement of RABSystems current Privacy
Policy can be reviewed on our "Privacy Policy" link
located or published at the bottom of our Web pages.
17. MONITORING
RABSystems shall have the right, but not the
obligation, to monitor the content of
ememberpro.com, including chat rooms and forums, to
determine compliance with this Agreement and any
operating rules established by RABSystems and to
satisfy any law, regulation or authorized government
request. RABSystems shall have the right in its sole
discretion to edit, refuse to post or remove any
material submitted to or posted on ememberpro.com.
Without limiting the foregoing, RABSystems shall
have the right to remove any material that
RABSystems, in its sole discretion, finds to be in
violation of the provisions hereof or otherwise
objectionable.
18. INDEMNIFICATION AND HOLD HARMLESS
User agrees to defend, indemnify and hold harmless
RABSystems, its affiliates and their respective
directors, officers, employees and agents from and
against all claims and expenses, including
attorneys' fees, arising out of the use of
RABSystems by User or User's Account.
19. TERMINATION
Either RABSystems, ememberpro.com or User may
terminate this Agreement at any time. Without
limiting the foregoing, RABSystems shall have the
right to immediately terminate User's Account in the
event of any conduct by User which RABSystems, in
its sole discretion, considers to be unacceptable,
or in the event of any breach by User of this
Agreement.
20. PAYMENTS AND REFUND POLICY
A. Users are charged for software, written
publications and online media products. If you pay a
company other than us for the service, then the
charges and billing terms are as stated by the other
company. Even if you do not pay for the service, you
may still incur charges incidental to using the
service; for example, charges for Internet access,
mobile text messaging, or other data transmission.
B. WHEN YOU CREATE A BILLING ACCOUNT, YOU ENTER YOUR
PAYMENT METHOD. YOU MUST BE AUTHORIZED TO USE THE
PAYMENT METHOD. YOU AUTHORIZE US TO CHARGE YOU FOR
THE SERVICE USING YOUR PAYMENT METHOD AND FOR ANY
PAID FEATURE OF THE SERVICE FOR WHICH YOU CHOOSE TO
SIGN-UP OR USE WHILE THIS CONTRACT IS IN FORCE. WE
MAY BILL YOU FOR MORE THAN ONE OF YOUR PRIOR BILLING
PERIODS TOGETHER. IF WE INFORMED YOU THAT THE
SERVICE WOULD BE PROVIDED INDEFINITELY OR
AUTOMATICALLY RENEWED, WE MAY AUTOMATICALLY RENEW
YOUR SERVICE AND CHARGE YOU FOR ANY RENEWAL TERM.
C. You may have received a limited time of free
service or some other trial period offer. Unless we
notify you otherwise, if you are participating in
any trial period offer, you must cancel the service
by the end of the trial period to avoid incurring
charges. If you do not cancel your service, and we
have informed you that the service will
automatically be converted into a paid subscription
at the end of the trial period, then you authorize
us to charge your payment method for the service.
D. The price for the service excludes all taxes and
phone charges, unless stated otherwise. These taxes
and charges are your responsibility. Currency
exchange settlements are based on your agreement
with your payment method provider. We may change the
price of the service from time to time, but we will
tell you before we do.
E. If there is a specific time length and price for
your service offer, then that price will remain in
force for that time. After the offer period ends,
your use of the service will be charged at the new
price.
F. If you do not agree to these changes, then you
must cancel and stop using the service before the
changes take place. If you cancel your service, then
your service ends at the end of your current service
time length or, if we bill your account on a period
basis, at the end of the period in which you
cancelled.
G. We will provide you with an online billing
statement accessible online through your User
Account. This is the only billing statement that we
provide. If you request a paper copy, we may charge
you a retrieval fee. We will only provide paper
copies for the past 120 days. If we make an error on
your bill, we will correct it promptly after you
tell us and we investigate the charge. You must tell
us within 120 days after an error first appears on
your bill. You release us from all liability and
claims of loss resulting from any error that you do
not report to us within 120 days after the error
first appears on your online statement. If you do
not tell us within this time, we will not be
required to correct the error. We can correct
billing errors at any time.
H. You may cancel the service at any time, with or
without cause. Go to
Help Desk to obtain information on cancelling
your service. Certain service offers may require
cancellation charges, and you will pay all
cancellation charges as specified in the materials
describing the offer. Cancellation of the service by
you will not alter your obligation to pay all
charges made to your billing account for which you
have already used the Services.
J. The User Fee is non-refundable. If you cancel a
paid User Fee, RABSystems will refund the pro-rated
amount based on the number of un-used days of User
Fee. Under no circumstances will the amount of the
refund exceed the amount you paid for Services.
21. ENTIRE AGREEMENT
This
Agreement, the privacy policy, domain licenses and
any operating rules for ememberpro.com established
by RABSystems constitute the entire agreement of the
parties and supersede all previous written or oral
agreements between the parties.
22. ARBITRATION
Each party to this Agreement expressly agrees that
all disputes, claims or controversies that exist or
may come to exist between them including, without
limitation, all disputes, claims or controversies
that exist or may arise out of, under or in
connection with this Agreement, first to binding
arbitration located in Cherokee County, State of GA.
in accordance with the Commercial Arbitration
Procedures of the American Arbitration Association.
The parties agree that judgment upon the arbitration
award will be final, binding and conclusive upon
each party and may be entered into any court having
jurisdiction. In the case of action under this
Section, the prevailing party shall be entitled to
recover its costs of the proceeding, including
reasonable attorneys' fees and out of pocket
expenses.
23. CHOICE OF LAW, VENUE AND FORUM
The TOU, the privacy policy, domain licenses and any
operating rules for ememberpro.com shall be
construed in accordance with and governed by the
laws of the United States and the State of GA.,
without reference to their rules regarding conflicts
of law. You hereby irrevocably consent to the
exclusive jurisdiction of the state or federal
courts in Fulton County, State of GA., United States
in all disputes arising out of or related to the use
of the Website or, without reference to their rules
regarding conflicts of law.
23. SEVERABILITY
If, for whatever reason, a court of competent
jurisdiction finds any term or condition in these
Terms of Use to be unenforceable, all other terms
and conditions will remain unaffected and in full
force and effect.
24. WAIVER
No waiver of any breach of any provision of these
Terms of Use shall constitute a waiver of any prior,
concurrent, or subsequent breach of the same or any
other provisions hereof, and no waiver shall be
effective unless made in writing and signed by an
authorized representative of the waiving party.
25. HEADINGS
The section headings used herein are for convenience
only and shall not be given any legal importance.
26. COPYRIGHT
All
contents of Website or Services are: © RABSystems.
All rights reserved.
27.TRADEMARKS
The names of actual companies and products mentioned
herein may be the trademarks of their respective
owners. The example companies, organizations,
products, domain names, email addresses, logos,
people and events depicted herein are fictitious. No
association with any real company, organization,
product, domain name, email address, logo, person,
or event is intended or should be inferred. Any
rights not expressly granted herein are reserved.
28. NO LICENSE
Nothing contained on the Website should be
understood as granting you a license to use any of
the trademarks, service marks, logos and the like
owned by RABSystems or by any third party.
29. NOTICES
Any notices to RABSystems shall be given by email to
support@rabsystems.com or by certified mail, return
receipt requested to RABSystems, address 6342
McCollum Ln., Acworth GA. 30102. Any notice to Users
shall be sent by email to the email address provided
by the User. Email notices to a User shall be deemed
delivered twenty-four (24) hours from the time the
email is sent. Notices to RABSystems shall be deemed
delivered five (5) calendar days after sent by
certified mail.
30. COPYRIGHT INFRINGEMENT
RABSystems has in place certain legally mandated
procedures regarding allegations of copyright
infringement occurring on the Website or with the
Services. RABSystems has adopted a policy that
provides for the immediate suspension and/or
termination of any Website or Services user who is
found to have infringed on the rights of RABSystems
or of a third party, or otherwise violated any
intellectual property laws or regulations.
RABSystems's policy is to investigate any
allegations of copyright infringement brought to its
attention. If you have evidence, know, or have a
good faith belief that your rights or the rights of
a third party have been violated and you want
RABSystems to delete, edit, or disable the material
in question, you must provide RABSystems with all of
the following information: (a) a physical or
electronic signature of a person authorized to act
on behalf of the owner of the exclusive right that
is allegedly infringed; (b) identification of the
copyrighted work claimed to have been infringed, or,
if multiple copyrighted works are covered by a
single notification, a representative list of such
works; (c) identification of the material that is
claimed to be infringed 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 RABSystems to locate
the material; (d) information reasonably sufficient
to permit RABSystems to contact you, such as an
address, telephone number, and if available, an
electronic mail address at which you may be
contacted; (e) a statement that you have 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 (f) a statement
that the information in the notification is
accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. For
this notification to be effective you must provide
it to the Copyright Infringement Unit,
support@rabsystems.com and by certified mail, return
receipt requested RABSystems, address 6342 McCollum
Ln., Acworth GA. 30102.
31. INDEPENDENT PARTIES
You and
RABSystems expressly agree that each is an
independent contractor of the other. Neither party
is an agent, representative, broker, employee,
partner or joint venturer of the other party. This
Agreement shall not be interpreted or construed to
create an association, joint venture, agency,
franchise or partnership between the parties or to
impose any partnership obligation or liability upon
either party
32. ACKNOWLEDGEMENT
BY USING THE SERVICES OR ACCESSING THE WEBSITE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE
AND AGREE TO BE BOUND BY THEM.
ANY
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
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