Welcome to AgentPimp.com This page states the Terms of Use forming the agreement under which you may use AgentPimp.com. Please read this page carefully. If you do not accept these Terms of Use, do not use this website and service. By using this website, you are indicating that you are 18 years of age or older, that you have the full power and right to enter into this Agreement, and that you agree with and will abide by the terms of this Agreement.
AgentPimp.com (the "Company") may revise these Terms of Use at any time by updating this posting without notice to you. Such revisions are effective to you as a user of this website immediately upon posting. You should visit this page periodically to review these Terms of Use, because they are binding on you. The terms "you" and "user" as used in this Agreement refer to all individuals and/or entities accessing this website for any reason.
USER CONDUCT - WEBSITE
As a user, you are responsible for your own communications and are responsible
for the consequences of their posting. You must not do the following things
INTENTIONALLY OR OTHERWISE: post material that is copyrighted, unless you are
the copyright owner or have the permission of the copyright owner to post it;
post material that reveals trade secrets, unless you own them or have the permission
of the owner to do so; post material that infringes on any other intellectual
property rights of others or on the privacy or publicity rights of others; post
material that is considered by the Company, in its sole judgment, to be obscene,
indecent, defamatory, threatening, harassing, abusive, hateful, or embarrassing
to another user or any other person or entity; post a sexually-explicit image
or statement; post advertisements or solicitations of business; post chain letters,
multi-level marketing programs or pyramid schemes; or impersonate another person.
* You may include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a AgentPimp.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"stalk" or otherwise harass another; or
collect or store personal data about other users.
The Company does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of communications posted by users and does not endorse any opinions which may be expressed by any user. You understand and agree that any reliance on material posted by other users will be at your own risk.
You acknowledge and agree that the Company is not responsible or obligated to screen or monitor material posted by users, and will not be liable or responsible to any user for performance or nonperformance of such activities. If notified by a user of any communication which allegedly does not conform to this Agreement, the Company may in its discretion investigate the allegation and may thereafter determine in its sole discretion whether to remove or request the removal of the communication. You acknowledge and agree that the Company reserves the right to expel users and prevent their further access to the website for violating this agreement or any applicable law, and may remove communications which are considered to be, in the Company's sole judgment, unlawful, harmful, threatening, abusive, obscene, indecent, libelous, disruptive, hateful, infringing, or racially, ethnically or otherwise objectionable.
By submitting content to any public area of the website (which includes, but is not limited to, your profile, message boards, forums, contests and chat rooms), your content will be considered "Public Information" and will not be subject to the privacy protections afforded your Private Information, as defined in this Agreement. You also grant the Company, its affiliates, successors and assigns, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform or display such content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for so long as any rights exist in such content. You also warrant that the holder of any rights, including moral rights, in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license set forth in this Agreement. You also permit any user to access, display, view, store and reproduce such content for the user's personal use. Subject to all of the foregoing, the owner of such content placed on the website retains any and all rights that may exist in such content.
ACCOUNT REGISTRATION AND PASSWORD
You agree and acknowledge that you are responsible for maintaining the confidentiality
of your Information, as defined in this Agreement, and password created upon
registration on the website. You will be fully responsible for all uses of your
registration and for any activity that occurs under your password or account,
whether or not authorized by you. You agree to immediately notify the Company
of any unauthorized use of your registration or password. The Company will investigate
possible violations, and take whatever action, in its sole judgment, it deems
appropriate.
COPYRIGHT, TRADEMARK, AND PROPRIETARY RIGHTS
The contents of this website, including all text, graphics, images and other
material ("Material"), are protected by copyright under common law,
by the laws of the United States and by foreign laws. Unauthorized use of the
Material may violate copyright, trademark, and other laws.
You agree and acknowledge that the Company authorizes you to view and download a single copy of the Material on the website solely for your personal, noncommercial use, provided that you shall not, nor will you allow any third party whether or not for your benefit to, copy or adapt the object code of the website's software, HTML, JavaScript, or otherwise, or reverse engineer, reverse assemble or otherwise attempt to discover any source code that the Company creates to generate its pages on the website. You acknowledge and agree that downloading of any object code or software by website users in restricted countries is prohibited.
You acknowledge and agree to retain all copyright and other proprietary notices contained in the original Material on any copy you may make of the Material. You acknowledge and agree that you will not sell, lease, exchange, or modify the Material or reproduce, create derivative works, display, publicly perform, distribute, retransmit or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.
Without the prior written permission of AgentPimp.com, you agree not to display, or to use in any manner, the Company's trademarks, including without limitation, AgentPimp.com.
Notwithstanding any statement to the contrary in this agreement, you will not use or attempt to use, and shall cause each other party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, avatars or intelligent agents) to navigate or search the web site other than (a) the search engine and search agents available from AgentPimp.com on the website and (b) generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer) or (c) a robot indexing the site for the purpose of adding content to a public search engine, as allowed by the robots.txt.
PRIVACY POLICY
When you register on the website as a user, you will be asked to provide the
Company with certain accurate and complete personal identifiable information
including, without limitation, a valid email address (your "Information").
This Information is subject to our privacy policy, which is incorporated by
reference into this Agreement. For more information, see our full privacy policy
statement at PRIVACY POLICY.You agree that the Company may save and archive
any content of any nature posted to the website, and that the Company may, without
liability to any user, disclose such content if required to do so by law or
to comply with legal processes; to respond to claims that any of the content
violates the property, privacy, publicity or other rights of others; to protect
the rights, property or safety of the Company, its employees, users and members
of the public; or in assisting a criminal investigation by law enforcement officials.
MODIFICATION, SUSPENSION OR DISCONTINUANCE
The Company reserves the right at any time to modify or discontinue the service
(or any part thereof) offered on the website, on a temporary or permanent basis,
with or without notice. You acknowledge and agree that the Company will not
be liable to you or to any third party for any such modification, suspension
or discontinuance of the service offered by the website. Adjustments or refunds
in any subscriber fees or charges will be made as deemed appropriate by the
Company in good faith.
SECURITY
The Database is only to be accessed by Members of the website. A Member is defined
as one unique user with one unique password. If you are found to share passwords
with any user, we will terminate your account immediately without notice and
no refunds of any subscription fees or charges paid to date will be provided.
Violations of system or network security, including those set forth below in
Specific Prohibited Uses, may result in civil or criminal liability. The Company
will investigate possible violations of system or network security and may involve,
and cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations. The Company will also terminate the membership
of any person that the Company believes, in its sole judgment, to have violated
its security provisions.
THE COMPANY'S LIABILITY
The Material may contain technical inaccuracies, typographical errors, and out
of date information, including users that may not remain active. The Company
makes no representations about the accuracy, reliability, completeness, or timeliness
of the website or the Material, and the Company makes no warranty that the website
will meet your requirements. You acknowledge and agree that the use of the website
and the Material is at your own risk. The Company reserves the right to make
changes to the website at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any content or other material placed by you on the website.
DISCLAIMERS
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT
THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
YOUR USE OF THE WEBSITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK.
IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND THE MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION OR EXCLUSION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, VIDEO, GRAPHICS, LINKS AND OTHER DATA. IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU BY OPERATION OF LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE AGGREGATE LIABILITY FOR THE COMPANY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OR INABILITY TO USE OF ANY OF THE MATERIALS IS LIMITED TO $1.
LINKS TO OTHER WEBSITES
The website contains links to third party websites and other resources. You
acknowledge and agree that these links are provided solely as a convenience
to you and not as an endorsement by the Company of the content, advertising
or business practices (including the privacy policies) of such third-party websites.
The Company does not make any representations regarding the content, truthfulness
or accuracy of any content or materials on such third-party websites. You also
acknowledge and agree that the Company will not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with your use of or reliance on the content, advertising or business
practices of linked third-party sites. If you decide to access and use linked
third-party websites, you agree that you do so at your own risk.
TERMINATION
The Company reserves the right, at its sole discretion, to terminate your registration
at any time, delete any or all of your postings, or block access to the website
and/or any other service provided to you by the Company. The Company reserves
the right to take such actions, with or without notice, and without any liability
to the account holder or user.
INDEMNITY
You agree to defend, indemnify, and hold harmless the Company, its sponsors,
affiliates, successors and assigns, and their respective officers, directors,
employees and agents, from and against any claims, actions or demands, including
without limitation reasonable legal and accounting fees, alleging or resulting
from your use of the Material or your breach of the terms of this agreement.
The Company will attempt to provide notice to you promptly of any such claim,
suit, or proceeding.
GENERAL INFORMATION
This Web Site is based in Boulder County, Colorado. The Company makes no claims
the Materials are appropriate or may be downloaded outside of the United States.
Access to the Materials may not be legal by certain persons or in certain countries.
If you access the Web Site from outside of the United States, you do so at your
own risk and are responsible for compliance with the laws of your jurisdiction.
This Agreement is governed by the internal substantive laws of the State of
Colorado, without respect to its conflict f laws principles. Jurisdiction for
any claims arising under this agreement shall lie exclusively with the state
or federal courts in Boulder County, Colorado. If any provision of this Agreement
is found to be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions
of this Agreement, which shall remain in full force and effect. No waiver of
any term of this Agreement shall be deemed a further or continuing waiver of
such term or any other term. Except as expressly provided in a particular "Legal
Notice," or Software License or material on particular Web pages, this
Agreement constitutes the entire Agreement between you and the Company with
respect to the use of Web Site. Any changes to this Agreement must be made in
writing, signed by an authorized representative of the Company.
The section titles in these Terms of Use are for convenience only and do not have any legal or contractual effect.
