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SmartProSystems Web Site Agreement
The kenmathie.com Web Site (the "Site") is an online information service
provided by SmartProSystems ("ProfitDot.net "), subject to your compliance with
the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY
BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
ProfitDot.net MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE
SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are ProfitDot.net,
its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may
print and download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not to change or
delete any copyright or proprietary notices from the materials. You agree to
grant to ProfitDot.net a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to any public areas of the
Site (such as bulletin boards, forums and newsgroups) or by e-mail to
ProfitDot.net by all means and in any media now known or hereafter developed.
You also grant to ProfitDot.net the right to use your name in connection with
the submitted materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You agree that
you shall have no recourse against ProfitDot.net for any alleged or actual
infringement or misappropriation of any proprietary right in your communications
to ProfitDot.net.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are
the exclusive trademarks or servicemarks of ProfitDot.net. Other product and
company names mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by ProfitDot.net, ProfitDot.netdoes not operate,
control or endorse any information, products or services on the Internet in any
way. Except for ProfitDot.net- identified information, products or services, all
information, products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with
ProfitDot.net a. You also understand that ProfitDot.net cannot and does not
guarantee or warrant that files available for downloading through the Site will
be free of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. ProfitDot.net PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND ProfitDot.net
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. ProfitDot.net DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. ProfitDot.net HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL ProfitDot.net BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ProfitDot.net OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, ProfitDot.net LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
ProfitDot.net makes no representations whatsoever about any other web site which
you may access through this one or which may link to this Site. When you access
a non-ProfitDot.net web site, please understand that it is independent from
ProfitDot.net, and that ProfitDot.net has no control over the content on that
web site. In addition, a link to a ProfitDot.net web site does not mean that
ProfitDot.net endorses or accepts any responsibility for the content, or the
use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless ProfitDot.net, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful conduct) by you or
any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of ProfitDot.net and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to the Service.
Each of these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time for
any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws
of The United States of America applicable to agreements made and to be
performed in The United States of America. You agree that any legal action or
proceeding between ProfitDot.net and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively in
a federal or state court of competent jurisdiction sitting in The United States
of America . Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. ProfitDot.net's failure to
insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. ProfitDot.net may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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COPYRIGHT NOTICE.© 1999-2006
PriorityDigital.com Prepared for: kenmathie.com, All rights reserved.
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