GearedUp4success.com USER AGREEMENT
Welcome
to GearedUp4success.com's User Agreement. This Agreement is a legal agreement
between you and GearedUp4success.com regarding your use of
GearedUp4success.com's Web site proprietary services ("Services"). By
using the Services, you are agreeing to the terms and conditions included in
this Agreement (the "Terms of Service").
1. GearedUp4success.com Services. This agreement covers your use of
GearedUp4success.com's Services on this site only. Your use of services on
other sites will be covered by separate agreements. Our Services are available
only to individuals who can form legally binding contracts under applicable
law, and therefore, excludes minors.
2. Use of the Services. You may use the Services for personal and business
purposes. However, you may not sell, lease or resell the services to or on
behalf of any other party. In addition, you may not use, or permit to be used,
GearedUp4success.com Services in violation of any applicable law, regulation or
policy, or in violation of any third parties' rights.
3. Terms and Conditions of Use.
(a) Agreement
to Terms. By using the information, services and products available through
GearedUp4success.com you are agreeing to the terms and conditions contained
herein.
(b)
Modification. GearedUp4success.com reserves the right to modify the Terms of
Service at any time, and such modifications shall be effective immediately upon
the earlier of posting of the modified Terms of Service or by e-mail
notification to you.
(c) You agree
to review these Terms of Service periodically to be aware of such
modifications, and your continued access or use of this web site shall be
deemed your acceptance of the modified Terms of Service.
(d) You agree that these standards for
notice of changes are reasonable.
(e) You
acknowledge and agree that GearedUp4success.com or its affiliates may deny you
access to or use of all or part of this Web site without prior notice if you
engage in any conduct or activities that GearedUp4success.com in its sole
discretion believes violates any of these Terms of Service, violates the rights
of GearedUp4success.com, or is otherwise inappropriate for continued access and
use of this Web site.
4. Ownership.
(a)
GearedUp4success.com has and shall retain all right, title and interest in and
to any software or technology used in providing the Services, and all
intellectual property rights therein.
(b) All
content included on this Web site, including text, graphics, logos, buttons,
icons, and images, is the property of GearedUp4success.com or its affiliates,
content suppliers, or other licensors, with ownership as indicated by specific
copyright and trademark notices and/or context, and is protected by U.S, and
international copyright and trademark laws.
5. Consumer Information. The consumer information contained here is intended,
in part, to alert the reader to pertinent issues regarding this site. The
information contained herein is not intended as a substitute for professional
consultation. If professional assistance is required, the services of a
competent professional person should be sought.
6. Pricing and Availability. Any pricing information listed on this Web site is
subject to change without notice. Certain items herein may be discontinued or
may be unavailable in some areas.
7. Disclaimers.
(a) The
availability of the Services depends on many factors, including your connection
to the Internet, the availability of the GearedUp4success.com 's Web site or
services, and equipment that is not, by its nature, fault tolerant.
(b) THE
SERVICES ARE PROVIDED "AS IS." NO WARRANTIES ARE PROVIDED, WHETHER
WRITTEN OR ORAL, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE
AVAILABILITY OR USE OF THE SERVICES, PERFORMANCE OF THE SITE, RESULTS OBTAINED
OR OPERATION WITHOUT INTERRUPTION, ANY INFORMATION OR PRODUCTS OBTAINED OR
DERIVED THROUGH USE OF THE SERVICES, THE TRANSMISSION, STORAGE OR USE OF YOUR INFORMATION,
OR ANY PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES.
(c)
GearedUp4success.com AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT AND FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO THE SERVICES, AVAILABILITY AND USE OF THE SERVICES, ANY
INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES,
FREEDOM FROM COMPUTER VIRUS, AND ANY TRANSMISSION OR USE OF YOUR INFORMATION.
(d)
GearedUp4success.com and its affiliates and content suppliers reserve the right
to alter or delete the products, services and information available from this
Web site at any time.
(e) The
information contained in this World Wide Web site is provided for informational
purposes only. While GearedUp4success.com has tried to provide accurate and
timely information, there may be inadvertent inaccuracies and typographical
errors. We reserve the right to make changes and corrections at any time,
without notice.
(f)
GearedUp4success.com does not warrant the accuracy, completeness or usefulness
of the information, text, links or other items contained on this Web site, and
GearedUp4success.com expressly disclaims liability for errors or omissions in
these materials.
(g) GearedUp4success.com makes no
commitment to update the information contained on this web site.
(h) Third
party Web sites listed as hypertext links herein are not under the control of
GearedUp4success.com. Accordingly, GearedUp4success.com can make no representation
concerning the content of these web sites nor can the fact that
GearedUp4success.com has included this link serve as an endorsement by
GearedUp4success.com of any of these web sites.
(i) Nothing contained in this Web site
constitutes investment advice.
(j) All sales of products listed herein
are subject to our usual terms and conditions of sale.
8. Trademarks. All trademarks, company names, and product names are
the property of their respective owners.
9. Copyright. The content of this Web site, including but not
limited to the text and images herein and their arrangement, are copyright
@2003 GearedUp4success.com. All Rights Reserved. Certain images herein are
owned by and have been provided by our members and are used with permission. Please
contact us if you are interested in receiving permission for commercial or
non-commercial use of any of the images or content herein.
10. Limitation of liability. IN NO EVENT WILL GearedUp4success.com, ITS SUPPLIERS,
LICENSEES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE OUT THE SERVICES, THE
AVAILABILITY OR USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR
DERIVED THROUGH USE OF THE SERVICES, ANY OTHER PRODUCTS OR SERVICES USED IN
CONJUNCTION WITH THE SERVICES, OR ANY TRANSMISSION OR USE OF YOUR INFORMATION.
IN NO EVENT SHALL GearedUp4success.com’S, ITS SUPPLIERS' OR ITS LICENSEES'
AGGREGATE LIABILITY TO CUSTOMER OR ANY PARTY ARISING OUT OF THIS AGREEMENT
EXCEED ONE HUNDRED DOLLARS ($100).
11. Indemnification.
(a) You agree
to indemnify, defend and hold harmless GearedUp4success.com, its affiliates,
officers, directors, employees, consultants, agents and suppliers from and
against any and all claims, liability, damages and/or costs (including but not
limited to reasonable attorneys' fees) arising from your use of this Web site
and the Services provided under this Agreement, the violation of these terms
and conditions by you, or the infringement by you, or other users of
GearedUp4success.com 's Web site through the use of your computer or your
infringement of any intellectual property or other right of any person or
entity.
(b)
GearedUp4success.com reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you.
12. Termination of Service.
(a) Either
you or GearedUp4success.com may terminate this Agreement and the Services at
any time and for any reason, but until that time it remains in full force and
effect.
(b) These
terms are effective until terminated by either party. You may terminate these
terms at any time by destroying all materials obtained from any and all
GearedUp4success.com site(s) and all related documentation and all copies and
installations thereof, whether made under the terms of these terms or
otherwise.
(c) These
terms will terminate immediately without notice from GearedUp4success.com if in
GearedUp4success.com's sole discretion you fail to comply with any term or
provision of this Agreement.
(d) Upon
termination, you must destroy all materials obtained from the site and any and
all other GearedUp4success.com site(s) and all copies thereof, whether made
under the terms of these terms or otherwise.
(e) The terms of this Section and
Sections 4, 5, 8,11 and 12 will survive any termination of this Agreement.
13. Miscellaneous.
(a) Entire
Agreement. This Agreement constitutes the entire agreement between you and
GearedUp4success.com with respect to the Services and supersedes all other
agreements, contemporaneous and prior, between you and GearedUp4success.com
with respect to the Services.
(b)
Nonwaiver. GearedUp4success.com's failure to enforce any provision of this
Agreement will not be construed as a waiver of any provision or right.
(c)
Amendment. GearedUp4success.com can revise these Terms and Conditions by
updating this posting. No amendment or modification hereof will be valid or
binding upon either party unless assented to by GearedUp4success.com.
(d)
Severability. In the event that a portion of this Agreement is held
unenforceable, the unenforceable portion will be construed in accordance with
applicable law as nearly as possible to reflect the original intentions of the
parties, and the remainder of the provisions will remain in full force and
effect.
(e) No
Estoppel. Waiver by either party of a breach of any provision of this Agreement
or the failure by either party to exercise any right hereunder shall not
operate or be construed as a waiver of any subsequent breach of that right or
as a waiver of any other right.
(f) Act of
God. GearedUp4success.com will not be liable in any amount for failure to
perform any obligation under this Agreement if such failure is caused by the
occurrence of any unforeseen contingency beyond the reasonable control of such
party including without limitation Internet outages, communications outages,
fire, flood, war or act of God.
(g) No
Obligation to Monitor. GearedUp4success.com does not have any obligation to
monitor use of the Services, but GearedUp4success.com may do so and may also
disclose information regarding your use of the Services to satisfy laws,
regulations or other government requests.
(h) North
Carolina Agreement. As you are accessing the information on the
GearedUp4success.com Web site on a server in Salisbury, North Carolina, the
information contained on GearedUp4success.com Web site shall be deemed provided
in North Carolina and shall be deemed subject to North Carolina law. These
Terms and Conditions will be governed and interpreted pursuant to the laws of
North Carolina, notwithstanding any principles of conflicts of law.
THANK YOU FOR VISITING AND USING THE
GearedUp4success.com WEB SITE. WE APPRECIATE YOU AS A CUSTOMER.
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©Copyright 2003
All Rights Reserved