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Terms of Use
Welcome to our Website. This Agreement
describes the terms and conditions which govern your use of the
Website and the products and services provided through or in
connection with the Website (collectively, "Services"), which
may be updated by us from time to time by posting the same on
this website. No further notice will be provided to you.
Please review the latest terms each time you visit this website.
You must read and agree with all of the terms and conditions
contained in this Agreement and the posted ("Privacy Policy")
http://forcause.info/privacy.asp
which is incorporated by reference before you use the Service.
If you do not agree to be bound by the terms and conditions of
this Agreement and the Privacy Policy you may not use or access
the Service.
1.
SERVICES.
This website is a market place. All services and products
advertised on this website or through emails from this site
belong to third parties and not the owner of this website. The
owner of this website has a material financial connection with
the provider of the goods and services advertised on this
website or through its marketing services. The owner receives
payment for each qualified sale or payment for each potential
customer referral. The owner may be advertising on behalf of a
third party advertiser with whom the provider of the products or
services also has a material financial connection in that both
advertisers receive payment for each qualified sale or payment
for each potential customer referral. Information regarding the
products and services on this website or in the promotional
emails or other marketing materials provided by this website may
are provided by a third party advertising such product and
service and therefore the correctness of such representations
are unknown to the owner of this website who does not undertake
due diligence to confirm such third party representations
regarding third party advertising claims.
If you are redirected to the third party advertiser’s site
either through this website or through promotional materials
such as emails, you should review their terms and conditions and
privacy policy as they differ significantly from this website.
The owner of this website is not affiliate with the third party
advertiser other than stated above. The owner does not
recommend or endorse any product or service on this website or
in the commercial emails from this site. If you are contacted
by phone from the third party advertiser you should request
their terms and conditions and privacy policy at that time
before providing any personal information to the call center.
To the extent there are testimonials on the website or in the
marketing materials you received, such testimonials are not
provided by the owner of this website, the advertiser providing
such testimonials warrants that the results provided are
accurate and true. However, these examples are not necessarily
typical or average nor do they represent a guarantee of your
personal results. Please contact the advertiser with any
questions regarding claims made herein.
2. CHANGES TO TERMS AND CONDITIONS AND POLICIES.
The website owner reserves the right, in our sole discretion, to
change, modify or otherwise alter these Terms and Conditions and
the posted Privacy Policy, which appear on this website at any
time for any reason which change, modification or alteration is
effective upon posting on this website without further notice to
you. It is your responsibility to review the Terms of Use and
the posted Privacy Policy, for changes periodically. Your
continued use of this website or submission of information
following the posting of changes and/or modifications will
constitute your acceptance of the revisions and the
reasonableness of notice of changes.
3. LEGAL AGREEMENT.
YOU ARE ENTERING INTO A LEGAL AGREEMENT
AND AS SUCH YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS
CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS
AND THE POSTED
http://forcause.info/privacy.asp
THEN YOU ARE NOT AUTHORIZED TO
ACCESS OR USE THIS WEBSITE FOR ANY PURPOSE AND DO NOT PROVIDE
ANY INFORMATION OR USE ANY OF THE SERVICES OF OUR WEBSITE OR
PRODUCTS OFFERED. YOU MUST BE 18 YEARS OF AGE AND POSSESS THE
LEGAL AUTHORITY TO ENTER INTO AN AGREEMENT TO USE THIS WEBSITE.
4.
PROHIBITED USER CONDUCT.
You are prohibited from any conduct that, in the website owner’s
sole discretion, restricts or inhibits any other user from using
or enjoying the Website or any linked Website or services
provided by this Website. You are prohibited from accessing or
attempting to access private areas of this website or any other
user's information. You are prohibited from impersonating any
person or entity or otherwise falsely stating or misrepresenting
your affiliation with a person or entity.
You are prohibited from using any data, content, and any
information provided or used on the website, as well as your use
of this website, products and services which will infringe or
facilitate infringement on any copyright, patent, trademark,
trade secret, or other proprietary, publicity, or privacy rights
of any person or entity, including third-parties. You are
prohibited from using any data, content or information which
contains or promotes any viruses, Trojan horses, worms, time
bombs or other computer programming or code that is designed or
intended to damage, destroy, intercept, download, interfere,
manipulate, or otherwise interrupt or expropriate the Website,
data, personal information, software, equipment, servers or
content or facilitate or promote hacking or similar conduct.
You are prohibited from harvesting, sweeping, or use any other
means, to collect information about users of the Website; Use
automated means, including spiders, robots, bots, scripts,
crawlers, or the like, in connection with any activity on the
Website; Resell, assign, sublicense, otherwise transfer, or
delegate your rights or obligations under these Terms and
Conditions without the prior express written authorization of
Site Owner; Modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform,
link, display or in any way exploit any website content; or
except as otherwise expressly permitted on the Website, use any
information you may obtain from the Website (including without
limitation, user information) to send any other person
unsolicited messages, commercial or otherwise, by electronic,
telephonic, postal or other means.
Except as otherwise expressly permitted herein, you may not
modify, copy, publish, display, transmit, adapt or in any way
exploit any portion of the Website content unless you first
obtain prior written consent from the website owner -- and from
all other entities with an interest in the relevant intellectual
property. Any unauthorized attempt to modify any website
content, to defeat or circumvent the website owner’s security
features, or to utilize this website for other than its intended
purposes is strictly prohibited.
5. DIGITAL MILLENNIUM COPYRIGHT ACT NOTIFICATION.
It is our policy to respond to notices of alleged infringement
that comply with the Digital Millennium Copyright Act, 17 U.S.C.
§512(c), and other applicable intellectual property laws.
Responses may include removing or disabling access to material
claimed to be the subject of infringing activity and/or
terminating subscribers. If we remove or disable access in
response to such a notice, we will make a good-faith attempt to
contact the owner or administrator of the affected site or
content so that they may make a counter notification pursuant to
sections 17 U.S.C. §512(g)(2) and (3) of that Act. It is our
policy to document all notices of alleged infringement on which
we act.
Please refer to the following detailed instructions which must
be followed to protect your rights under the Digital Millennium
Copyright Act.
Infringement Notification
To file a notice of infringement with us, you must provide a
written communication that sets forth the items specified
below. Please note that you may be liable for damages
(including costs and attorneys' fees) if you materially
misrepresent that a product or activity is infringing your
copyrights. Accordingly, if you are not sure whether material
available online infringes your copyright, we suggest that you
first contact an attorney. Your communication must include
substantially all of the following: (1) Provide a physical
or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
(2) Identify in sufficient detail the location of copyrighted
work that you believe has been infringed upon (for example, "The
copyrighted work at issue is the text that appears on
http://www.newco.com/text_page.html") or other information
sufficient to specify the copyrighted work being infringed. If
multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at
that site; (3) Provide identification of the material that is
claimed to be infringing 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 us to
locate the material; (4) Provide information reasonably
sufficient to permit us to contact the complaining party, such
as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be
contacted; (5) Include the following statement: "I 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 6. Include the following statement: "I swear,
under penalty of perjury, that the information in the
notification is accurate, and that I am the copyright owner or
am authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed." ; and (7) Sign the paper.
Send the written communication to:
INFRINGEMENTNOTIFICATION@forcause.info
Counter Notification
The administrator of an affected site or the provider of
affected content may make a counter notification pursuant to
sections 17 U.S.C. §512(g)(2) and (3) of the Digital Millennium
Copyright Act. When we receive a counter notification, we may
reinstate the material in question.
To file a counter notification with us, you must provide a
written communication that sets forth the items specified
below. Please note that you will be liable for damages
(including costs and attorneys' fees) if you materially
misrepresent that a product or activity is not infringing the
copyrights of others. Accordingly, if you are not sure whether
certain material infringes the copyrights of others, we suggest
that you first contact an attorney. To expedite our ability to
process your counter notification, please use the following
format (including section numbers): Your communication must
include substantially the following: (1) Include a physical
or electronic signature of the subscriber; (2) Provide
identification of the material that has been removed or to which
access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled; (3)
Include a statement under penalty of perjury that you have a
good faith belief that the material was removed or disabled as a
result of mistake or misidentification of the material to be
removed or disabled. (4) Provide your name, address, and
telephone number; (5) Include the following statement: "I
consent to the jurisdiction of Federal District Court for the
judicial district in which you reside.”; (6) State that you will
accept service of process from the person who provided
notification to us of the alleged infringement or an agent of
such person; (7) Include the following statement: "I swear,
under penalty of perjury, that I have a good faith belief that
the affected material was removed or disabled as a result of a
mistake or misidentification of the material to be removed or
disabled."; and Sign the paper.
Send the written communication to:
INFRINGEMENTNOTIFICATION@forcause.info
Site owner will, in appropriate circumstances, terminate repeat
infringers. If you believe that an account holder or subscriber
is a repeat infringer, please follow the instructions above to
contact our DMCA agent and provide information sufficient for us
to verify that the account holder or subscriber is a repeat
infringer.
6.
HOW TO REMOVE EMAIL ADDRESSES.
If you have received a commercial email
from this website and do not wish to receive further emails from
the particular advertiser listed in the email, you may request
to be removed by using the opt-out mechanism listed in the email
messages you receive. To opt-out of email promotions from this
website you may simply
UNSUBSCRIBE@forcause.info.
Please note that exercising an opt-out mechanism only applies to
the website with which you exercised that right.
7.
THIS WEBSITE NOT RESPONSIBLE AND SHALL HAVE NO LIABLITY FOR
THIRD PARTY CONTENT
This website may display and make available content, promotions,
advertisements, and offers provided by third parties. You
understand and agree that the owner of this website shall not be
responsible and shall have no liability for any such content or
promotions or for your activities on any third party websites
for whom this website provides services, and that when you
choose to participate in or click on such a third party link or
use a third party’s product or services, you do so at your own
risk. You agree that your sole remedy in connection with any
services for such third party will be with such third party and
not the owner of this website. You agree that you shall have no
remedy against the owner of this website arising from your use
of or participation in, or inability to use or participate in,
any third party promotion, product or website.
8. THIS WEBSITE IS NOT AFFILIATED WITH MARKETING
PROVIDERS.
This website is not affiliated with any of the products or
services listed on this website or in any promotional email or
on this website. Trademarks, service marks, logos, and/or
domain names are the property of their respective owners, who
have no association with or make any endorsement of the products
or services provided by this website. Furthermore,
participating service providers are independent third parties
and this website is not acting as a principal, agent or broker
with respect to any providers.
9. THIRD PARTY WEBSITES (“Linked Websites”).
You may be able to link to third parties’ websites (“Linked
Websites”) from this website or promotional emails delivered by
or through this website. Linked Websites are not, however,
reviewed, controlled or examined by this website owner in any
way and this website owner is not responsible for the content,
availability, advertising, products or other materials of any
such Linked Websites, or any additional links contained on or in
promotional materials through this website. Except as otherwise
noted on the website, these links do not imply this website’s
owner’s endorsement of or association with the Linked Websites.
In no event shall this website owner be liable, directly or
indirectly, to anyone for any loss or damage arising from or
occasioned by the creation or use of links to the Linked
Websites, the Linked Websites themselves, your participation in
activities on such Linked Websites, or the information,
material, products or services accessed through these Linked
Websites. You should direct any concerns to that Website’s
administrator or webmaster. The website owner reserves the
exclusive right, at its sole discretion, to add, change, decline
or remove, without notice, any feature or link to any of the
Linked Websites and/or introduces different features or links.
10. INTELLECTUAL PROPERTY RIGHTS.
The website contains intellectual property owned by this
website’s owner and other parties. As between the owners and
you, the owner is the sole owner of the website and all
materials on or available through the Website, including without
limitation, all applicable U.S. and non-U.S. copyrights,
patents, trademarks, and trade secrets, and other intellectual
property rights thereto (collectively, the “Website Content”).
Except as otherwise specifically provided in these Terms and
Conditions, you may not download or save a copy of the Website
content or any portion thereof, for any purpose; however, you
may print a copy of individual screens appearing as part of the
Website content solely for your personal, non-commercial use or
records, provided that any marks, logos or other legends that
appear on the copied screens remain on, and are not removed from
the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not
modify, copy, publish, display, transmit, adapt or in any way
exploit any portion of the Website content unless you first
obtain prior written consent from the website owner -- and from
all other entities with an interest in the relevant intellectual
property. Any unauthorized attempt to modify any Website
content, to defeat or circumvent the website’s security
features, or to utilize this Website for other than its intended
purposes is strictly prohibited.
11. WARRANTIES DISCLAIMER.
Except as expressly set forth herein, this website owner is not
responsible for any incorrect or inaccurate information or entry
of information, whether caused by users of this website or by
any of the equipment or programming associated with or utilized
in connection with this website or the products or services
provided on or through this website or promotional marketing
materials related by or through this website, or by any
technical or human error which may occur in the processing of
information received by this website’s owner. This website’s
owner assumes no responsibly for any error, omission,
interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction
or authorized access to, or alteration of, information received
or submitted in connection with this website. Website owner is
not responsible for any problems, errors or technical
malfunction of any telephone network or lines, computer on-line
systems, servers or providers, computer equipment, or software,
or any failure of email on account of technical problems or
traffic congestion on the Internet or at any Website or
combination thereof, including injury or damage to participants
or to any other person’s computer related to or resulting from
use of this website or its content.
THIS WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED “AS IS”
AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WEBSITE OWNER,
AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, ADVERTISORS, SUCCESSORS AND
ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING,
BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY,
TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE, AND THE
WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF
NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THE WEBSITE OWNER DOES NOT WARRANT OR
GUARANTEE THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT
WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR
ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE
PROPERTIES; OR THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT
WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIMITATION OF LIABILITY.
IN NO EVENT WILL WEBSITE OWNER, ITS PARENTS, SUBSIDIARIES,
PARTNERS, AGENTS, AFFILIATES, LICENSORS, PROVIDERS, SUCCESSORS
AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND
EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY
INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY
WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO
USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES
SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES
OF THE WEBSITE OR THE WEBSITE CONTENT.
13. RELEASE.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THIS
WEBSITE’S OWNER AND ITS AFFILLIATES, PARTNERS, SERVICE
PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND EACH OF THEIR
RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER
RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS,
CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS,
LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF
ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR
HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE
OF THE SERVICE.
14. DEALINGS WITH THIRD PARTIES.
Your correspondence or business dealings with any third parties
as a result of your use of this Website and participation in the
Service, including, but not limited to, business dealings with
service providers, or any other terms, conditions, warranties,
representations associated with such dealings, are solely
between you and such third party. You agree that the owner of
this website shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings
or as the result of the presence of such third party on or
through this website.
15. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY
IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
16. MONITORING WEBSITE USAGE.
You agree that the owner may electronically monitor this website
and disclose any content, records, or electronic communication
of any kind (i) to satisfy any legal process or request; (ii) to
operate the website; or (iii) to protect the website owner’s
rights or the rights of the users, sponsors, providers,
licensors, or merchants. Marketing materials may use and share
cookies and other web technology for the purposes of tracking
payments, determining marketing success and obtaining, storing
and sharing non personal information as provided in the posted
Privacy Policy.
17. INDEMNITY.
You agree to defend, indemnify and hold this website’s owner,
its parents, subsidiaries, partners, agents, affiliates,
licensors, providers, successors and assigns and their
respective officers, directors, employees and shareholders
harmless from any and all claims, liabilities, costs and
expenses, including reasonable attorneys’ fees, arising in any
way from, in connection with or as a result of your use or
inability to use this website and or its content and other
marketing services provided by this website, as well as any
information provided to you by the website or marketing
services, or any violation of these Terms and Conditions by you.
18. DISPUTE RESOLUTION.
This Agreement will be interpreted in accordance with the laws
of the State of California, without regard to the conflicts of
laws principles thereof. The parties agree that any and all
disputes, claims or controversies arising out of or relating to
the Agreement, its interpretation, performance, or breach, that
are not resolved by informal negotiation within thirty (30) days
(or any mutually agreed extension of time), shall be submitted
to final and binding arbitration before a single arbitrator of
the American Arbitration Association (“AAA”) in Los Angeles,
California. Either party may commence the arbitration process
called for herein by submitting a written demand for arbitration
with the AAA, and providing a copy to the other party. The
arbitration will be conducted in accordance with the provisions
of the AAA’s Commercial Dispute Resolutions Procedures in effect
at the time of submission of the demand for arbitration. The
costs of arbitration plus reasonable attorneys’ fees (including
fees for the value of services provided by in house Provider)
shall be awarded to the prevailing party in such arbitration.
Judgment on the award rendered by the arbitrator may be entered
in the Superior Court of California, Los Angeles County, or the
United States District Court for the Central District of
California. Notwithstanding the foregoing, the following shall
not be subject to arbitration and may be adjudicated only in the
Superior Court of California, Los Angeles County, or the United
States District Court for the Central District of California:
(i) any dispute, controversy, or claim relating to or contesting
the validity of the website owner's proprietary rights,
including without limitation, trademarks, service marks,
copyrights, or trade secrets; or, (ii) an action by a party for
temporary, preliminary, or permanent injunctive relief, whether
prohibitive or mandatory, or other provisional relief.
RIGHT TO OPT OUT-
If you do not wish to be bound by this
arbitration clause, you must notify the web site owner in
writing within 60 days after signing this Agreement or your
rejection of arbitration will not be effective. You must send
your request to:
ARBITRATIONOPTOUT@forcause.info.
Your request must include your telephone number(s) and a clear
statement of your intent, such as "I reject the arbitration
clause stated in the Website Terms and Conditions.”
19. STATUTE OF LIMITATIONS.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY,
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF
THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR
AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
20. WAIVER AND SEVERABILITY OF TERMS.
The failure by the website owner to exercise or enforce any
right or provision of the Agreement shall not constitute a
waiver of such right or provision. If any provision of the
Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the Agreement
remain in full force and effect.
21. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and
the website owner and governs your use of the Website and
Service, superseding any prior agreements. You also may be
subject to additional terms and conditions that may apply when
you use or purchase services, affiliated services, third party
content or third party software offered by the website owner.
Please print to retain a copy of this agreement for your
records, thank you. |
