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Terms of Use |
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We have taken every effort to design our Web Site to be useful, informative, helpful, honest and fun. Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want. |
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All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our Site you automatically agree to them. Naturally, if you don’t agree, please do not use the Site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the Web Site means that you accept those changes. |
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INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSHIP |
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Webmaster's Must Have Tools Members Only Area ("The Site") is protected by U.S. Copyright laws and applicable international laws, treaties, and conventions regarding intellectual property or proprietary rights. |
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Third party products made available to The Site's Members ("you") are protected by U.S. Copyright laws and/or applicable international laws, treaties, and conventions regarding intellectual property or proprietary rights. The responsibily rests entirely on you to review each third party product license to see what rights are granted to you by the product provider. |
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PERMITTED USES |
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You, the member, may download Online Materials for personal or commercial use provided you 1) retain all copyright, trademark and propriety notices, 2) agree to the licensing agreement provided by the original developer and 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands. |
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UNPERMITTED USES |
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You may not add, delete, distort or misrepresent any content on the Site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited. |
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TERM AND TERMINATION |
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This Agreement is in effect until canceled by either party. The Site grants you access to the Site for a period of thirty (30) days by accepting this Agreement and shall continue to permit you access to the Site for a period of thirty (30) days each time you renew your membership until such time that (i) you elect to discontinue use of the Site by terminating your membership or (ii) you are found to be in breach of this Agreement. |
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The Site may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. In addition, by providing material on our Web Site, we do not in any way promise that the materials will remain available to you. The Site is entitled to terminate all or any part of any of its Web Site without notice to you. |
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MEMBERSHIP CANCELLATION |
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You may cancel your Site membership at anytime you desire, however due to the nature doing business on the internet the Site has a strict no refund policy. The act of canceling can be done (i) via email, (ii) by allowing your membership to expire or (iii) by not renewing your membership after your membership has expired. If you cancel after a payment has been processed, there will be no refunds for that payment. Cancellation requests via email must contain your name, username, email address and date joined, however the act of canceling does not constitute an automatic cancellation of your billing. If any of this information is missing, the cancellation request may not be processed and you are liable for all membership fees until the Site receives the required information. |
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The Site reserves the right to cancel any membership for reasons that it feels are detrimental to the Site, its members, its partners or the future success of itself. Cancellations performed by the Site are final and any restitution will be limited to a maximium of the membership fee paid by you within the past 30 days based on a prorated basis less a $50.00 processing fee. |
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LIMITATION OF LIABILITY |
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THE SITE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF OR INABILITY TO USE ANY OF THE SITE. |
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IN NO EVENT SHALL THE SITE, ITS AGENTS OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY THIRD PARTY PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SITE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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IN NO EVENT WILL WEBMASTER’S MUST HAVE TOOLS TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNTS PAID TO WEBMASTER’S MUST HAVE TOOLS BY YOU (IF ANY) TO ACCESS THE SITE. |
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Third Party Products Disclaimer |
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All Third Party Products made available by the Site have been obtained from sources believed to be reliable, but Third Party Products functionality and completeness are not guaranteed. The Third Party Products made available by the Site may contain some nonconformities, defects, errors or omissions. WEBMASTER’S MUST HAVE TOOLS AND ITS LICENSOR(S) MAKE NO WARRANTY WITH RESPECT TO THIRD PARTY PRODUCT(S). Without limiting the generality of the preceding sentence, Webmaster’s Must Have Tools and its licensor(s) do not warrant that Third Party Products will meet Licensee’s (you) needs or expectations, the use of Third Party Product(s) will be uninterrupted, or that all nonconformities can or will be corrected. |
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INDEMNITY |
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YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE SITE FROM ALL CLAIMS, LOSSES, DEMANDS, CAUSES OF ACTION OF ANY KIND, DAMAGE, LAW SUITS, JUDGEMENTS, ATTORNEYS’ FEES AND COSTS, LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY THIRD PARTY PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SITE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID TO WEBMASTER’S MUST HAVE TOOLS BY YOU (IF ANY) FOR ACCESS TO THE SITE PRUSUANT TO THIS AGREEMENT. |
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LINKS TO OTHER SITES |
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The Site sometimes provides referrals to and links to other World Wide Web sites from our Site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our Site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a www.webmasters-tools.net operated site or have moved to another site. Webmaster's Must Have Tools is not responsible for the content or practices of third party sites that may be linked to our Site. When Webmaster's Must Have Tools provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that Webmaster's Must Have Tools is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Webmaster's Must Have Tools Site or endorsement, sponsorship or support of Webmaster's Must Have Tools, including its respective, agents or directors. |
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GOVERNING LAW |
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You agree that this Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, United States of America, without regards to its conflict of law rules. You also agree that all litigation arising out of or in connection with this Agreement shall be brought in the state courts of Greenville County, State of South Carolina, United States of America or, for matters involving federal jurisdiction, in the United States District Court for the Western District of South Carolina. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. |
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