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Welcome
to the digitalrabs.com owned by Digital RABS,
(hereinafter the "COMPANY" or "we").
The goal
of Digital RABS is to offer informational products and
services related to helping you make money on the
internet.
The information
the Digital RABS provides is not to be considered as
professional or legal advice.
digitalrabs.com requires that all persons or entities
visiting this Website agree to the following terms and
conditions. Please read our Terms of Use Agreement (the
"TOU") carefully before continuing on with your use of
this Website or becoming a Member/Customer of the
Website. The Agreement and/or Terms shall govern the use
of the Website and apply to all Internet traffic
visiting the Website. If you do not agree to any of
these terms, then do not use the Website.
1. ACCEPTANCE OF TERMS AND BINDING EFFECT
THIS IS A BINDING AGREEMENT. BY USING AND/OR VISITING
THIS WEBSITE (COLLECTIVELY, INCLUDING ALL CONTENT
AVAILABLE THROUGH THE digitalrabs.com DOMAIN NAME, THE
"WEBSITE"), YOU ("User," "YOU" OR "YOUR" ) SIGNIFY YOUR
ASSENT TO THE TOU, THE WEBSITE'S PRIVACY POLICY, WHICH
IS PUBLISHED AT WWW. .COM AND THE GOODS/SERVICES YOU
OBTAIN FROM THE UTILIZATION OF WEBSITE'S SERVICES AND
WHICH ARE INCORPORATED HEREIN BY REFERENCE. IT IS YOUR
RESPONSIBILITY TO REVIEW THE TOU PERIODICALLY. IF AT ANY
TIME YOU FIND THE TOU AND INCORPORATED AGREEMENTS
UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND
CEASE ALL USE OF THE SERVICES AND THE WEBSITE. YOU AGREE
THAT BY USING THE SERVICES YOU REPRESENT THAT YOU ARE AT
LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO
ENTER INTO THIS AGREEMENT.
A. digitalrabs.com reserves the right to update the TOU
at any time without notice to User.
B. The right to use digitalrabs.com is personal to User
and is not transferable to any other person or entity.
User is responsible for all use of User's Account (under
any screen name or password) and for ensuring that all
use of User's Account complies fully with the provisions
of this Agreement. User shall be responsible for
protecting the confidentiality of User's password(s), if
any.
C. COMPANY shall have the right at any time to change or
discontinue any aspect or feature of digitalrabs.com,
including, but not limited to, content, hours of
availability, and equipment needed for access or use.
2. CHANGED TERMS
The most current version of the TOU can be reviewed by
clicking on the "Terms of Use" hypertext link located or
published at the bottom of our Web pages. Digital RABS
shall have the right at any time to change or modify the
terms and conditions applicable to User's use of
digitalrabs.com, or any part thereof, or to impose new
conditions, including, but not limited to, adding fees
and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately
upon notice thereof, which may be given by means
including, but not limited to, posting on
digitalrabs.com, or by electronic or conventional mail,
or by any other means by which User obtains notice
thereof. Any use of digitalrabs.com by User after such
notice shall be deemed to constitute acceptance by User
of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Website and Protected Materials, Digital
RABS provides User with access to a variety of
resources, including download areas, software,
communication forums and product information
(collectively "Services"). Protected Materials are all
materials or other intellectual property rights, or
which may be construed as proprietary information
including, but not limited to, any and all technical and
non-technical information that is valuable to Digital
RABS such as subscription programs, audio/visual
programs, coaching programs, tele-seminars, tele-coaching,
flip charts, audio/video products, books, training
routines, training processes, course material,
literature, pamphlets, processes, procedures, patents,
trademarks, service marks, products, copyrights, trade
secrets, techniques, sketches, drawings, models,
invention, know-how and equipment related to current and
contemplated products and services, inventions,
manufacturing, purchasing, accounting, engineering,
marketing, merchandising and sales, to the extent
necessary and as may be reasonably required during the
relationship will be considered protected material. The
Services, including any updates, enhancements, new
features, and/or the addition of any new Protected
Materials, are subject to the TOU, the privacy policy
and the domain licenses.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining
all telephone, computer hardware, software and other
equipment needed for access to and use of
digitalrabs.com and all charges related thereto.
5. USER CONDUCT
A. User shall use digitalrabs.com for lawful purposes
only. User shall not post or transmit through
digitalrabs.com any material which violates or infringes
in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil
liability or otherwise violate any law, or which,
without Digital RABS's express prior approval, contains
advertising or any solicitation with respect to products
or services. Any conduct by User that in Digital RABS's
discretion restricts or inhibits any other User from
using or enjoying digitalrabs.com will not be permitted.
User shall not use digitalrabs.com to advertise or
perform any commercial solicitation, including, but not
limited to, the solicitation of users to become
subscribers of other on-line information services
competitive with Digital RABS.
B. digitalrabs.com contains copyrighted material,
trademarks and other proprietary information, including,
but not limited to, text, software, photos, video,
graphics, music and sound, and the entire contents of
digitalrabs.com are copyrighted as a collective work
under the United States copyright laws. Digital RABS
owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well as
in the content original to it. User may not modify,
publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of
the content, in whole or in part. User may download
copyrighted material for User's personal use only.
Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded
material will be permitted without the express
permission of Digital RABS and the copyright owner. In
the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or
copyright notice shall be made. User acknowledges that
it does not acquire any ownership rights by downloading
copyrighted material.
C. User shall not upload, post or otherwise make
available on digitalrabs.com any material protected by
copyright, trademark or other proprietary right without
the express permission of the owner of the copyright,
trademark or other proprietary right and the burden of
determining that any material is not protected by
copyright rests with User. User shall be solely liable
for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm
resulting from such a submission. By submitting material
to any public area of digitalrabs.com, User
automatically grants, or warrants that the owner of such
material has expressly granted Digital RABS the
royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it in
other works in any form, media or technology now known
or hereafter developed for the full term of any
copyright that may exist in such material. User also
permits any other User to access, view, store, or
reproduce the material for that User's personal use.
User hereby grants Digital RABS the right to edit, copy,
publish and distribute any material made available on
digitalrabs.com by User.
D. The foregoing provisions of Section 5 are for the
benefit of Digital RABS, its subsidiaries, affiliates
and its third party content providers and licensors and
each shall have the right to assert and enforce such
provisions directly or on its own behalf.
6. USE OF SERVICES
A. The Services may contain email services, bulletin
board services, chat areas, news groups, forums,
communities, personal web pages, calendars, photo
albums, file cabinets and/or other message or
communication facilities designed to enable User to
communicate with others (each a "Communication Service"
and collectively "Communication Services"). User agrees
to use the Communication Services only to post, send and
receive messages and material that are proper and, when
applicable, related to the particular Communication
Service. By way of example, and not as a limitation,
User agrees that when using the Communication Services,
User will not:
" Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters, junk
email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
" Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and
publicity) of others.
" Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or
unlawful topic, name, material or information.
" Upload, or otherwise make available, files that
contain images, photographs, software or other material
protected by intellectual property laws, including, by
way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity)
unless User own or control the rights thereto or have
received all necessary consent to do the same.
" Use any material or information, including images or
photographs, which are made available through the
Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary
right of any party.
" Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or any
other similar software or programs that may damage the
operation of another's computer or property of another.
" Advertise or offer to sell or buy any goods or
services for any business purpose, unless such
Communication Services specifically allows such
messages.
" Download any file posted by another user of a
Communication Service that User know, or reasonably
should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
" Falsify or delete any copyright management
information, such as author attributions, legal or other
proper notices or proprietary designations or labels of
the origin or source of software or other material
contained in a file that is uploaded.
" Restrict or inhibit any other user from using and
enjoying the Communication Services.
" Violate any code of conduct or other guidelines which
may be applicable for any particular Communication
Service.
" Harvest or otherwise collect information about others,
including email addresses.
" Violate any applicable laws or regulations.
" Create a false identity for the purpose of misleading
others.
" Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory of
users of the Services or other user or usage information
or any portion thereof.
B. Digital RABS has no obligation to monitor the
Communication Services. However, Digital RABS reserves
the right to review materials posted to the
Communication Services and to remove any materials in
its sole discretion. Digital RABS reserves the right to
terminate User's access to any or all of the
Communication Services at any time, without notice, for
any reason whatsoever. Digital RABS reserves the right
at all times to disclose any information as it deems
necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit,
refuse to post or to remove any information or
materials, in whole or in part, in Digital RABS sole
discretion.
C. Materials uploaded to the Communication Services may
be subject to posted limitations on usage, reproduction
and/or dissemination; User is responsible for adhering
to such limitations if User downloads the materials.
D. Always use caution when giving out any personally
identifiable information in any Communication Services.
Digital RABS does not control or endorse the content,
messages or information found in any Communication
Services and, therefore, Digital RABS specifically
disclaims any liability with regard to the Communication
Services and any actions resulting from User's
participation in any Communication Services. Managers
and hosts are not authorized Digital RABS spokespersons,
and their views do not necessarily reflect those of
Digital RABS.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of
the Services requires User to open an account, User must
complete the registration process by providing Digital
RABS with current, complete and accurate information as
prompted by the applicable registration form. User also
will choose a password and a user name. User is entirely
responsible for maintaining the confidentiality of
User's password and account. Furthermore, User is
entirely responsible for any and all activities that
occur under User's account. User agrees to notify
Digital RABS immediately of any unauthorized use of
User's account or any other breach of security. Digital
RABS will not be liable for any loss that User may incur
as a result of someone else using User's password or
account, either with or without User's knowledge.
However, User could be held liable for losses incurred
by Digital RABS or another party due to someone else
using User's account or password. User may not use
anyone else's account at any time, without the
permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS
WEBSITE
A. Any software that is made available to download from
the Services ("Software") is the copyrighted work of
Digital RABS and/or its suppliers. Use of the Software
is governed by the terms of the end user license
agreement, if any, which accompanies or is included with
the Software ("License Agreement"). An end user will be
unable to install any Software that is accompanied by or
includes a License Agreement, unless he or she first
agrees to the License Agreement terms.
B. The License Agreement is based upon one domain name
use. Domains need to be fully owned by the User. Users
can buy as many licenses as they need for as many
domains that the User owns.
C. The Software is made available for download solely
for use or personal use by end users according to the
License Agreement. Any reproduction or redistribution of
the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result
in severe civil and criminal penalties. The Software is
made available for download solely for use or personal
use by end users according to the License Agreement.
Violators will have their licenses revoked if they do
not follow these terms and will be prosecuted to the
maximum extent possible.
D. WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR
LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE
AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, Digital RABS HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
E. FOR YOUR CONVENIENCE, Digital RABS MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS,
TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. Digital
RABS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH
USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE
TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS
WEBSITE
Permission to use Documents (such as white papers, press
releases, datasheets and FAQs) from the Services is
granted, provided that (1) the below copyright notice
appears in all copies and that both the copyright notice
and this permission notice appear, (2) use of such
Documents from the Services is for informational and
non-commercial or personal use only and will not be
copied or posted on any network computer or broadcast in
any media, and (3) no modifications of any Documents are
made. Accredited educational institutions, such as
universities, private/public colleges, and state
community colleges, may download and reproduce the
Documents for distribution in the classroom.
Distribution outside the classroom requires express
written permission. Use for any other purpose is
expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
Digital RABS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL
SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO
EVENT SHALL Digital RABS AND/OR ITS RESPECTIVE SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR
IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION
AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE
SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. Digital RABS AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND
SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL Digital RABS AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE
FROM THE SERVICES.
11. MATERIALS PROVIDED TO Digital RABS OR POSTED AT
ANY OF ITS WEBSITES
A. Digital RABS does not claim ownership of the
materials User provides to Digital RABS (including
feedback and suggestions) or post, upload, input or
submit to any Services or its associated services for
review by the general public, or by the members of any
public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting
("Posting") User's Submission User is granting Digital
RABS, its affiliated companies and necessary sublicenses
permission to use User's Submission in connection with
the operation of their Internet businesses (including,
without limitation, all Digital RABS Services),
including, without limitation, the license rights to:
copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat User's
Submission; to publish User's name in connection with
User's Submission; and the right to sublicense such
rights to any supplier of the Services. No compensation
will be paid with respect to the use of User's
Submission, as provided herein. Digital RABS is under no
obligation to post or use any Submission User may
provide and Digital RABS may remove any Submission at
any time in its sole discretion. By Posting a Submission
User warrants and represents to own or otherwise control
all of the rights to User's Submission as described in
these Terms of Use including, without limitation, all
the rights necessary for User to provide, post, upload,
input or submit the Submissions.
B. In addition to the warranty and representation set
forth above, by Posting a Submission that contain
images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), User warrants
and represents that (a) User is the copyright owner of
such Images, or that the copyright owner of such Images
has granted User permission to use such Images or any
content and/or images contained in such Images
consistent with the manner and purpose of User's use and
as otherwise permitted by these Terms of Use and the
Services, (b) User has the rights necessary to grant the
licenses and sublicenses described in these Terms of
Use, and (c) that each person depicted in such Images,
if any, has provided consent to the use of the Images as
set forth in these Terms of Use, including, by way of
example, and not as a limitation, the distribution,
public display and reproduction of such Images. By
Posting Images, User is granting (a) to all members of
User's private community (for each such Images available
to members of such private community), and/or (b) to the
general public (for each such Images available anywhere
on the Services, other than a private community),
permission to use User's Images in connection with the
use, as permitted by these Terms of Use, of any of the
Services, (including, by way of example, and not as a
limitation, making prints and gift items which include
such Images), and including, without limitation, a
non-exclusive, world-wide, royalty-free license to:
copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat User's
Images without having User's name attached to such
Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the
preceding sentences for a Images will terminate at the
time User completely remove such Images from the
Services, provided that, such termination shall not
affect any licenses granted in connection with such
Images prior to the time User completely remove such
Images. No compensation will be paid with respect to the
use of User's Images.
C. Digital RABS is a distributor (and not a publisher)
of content supplied by third parties and Users.
Accordingly, Digital RABS has no more editorial control
over such content than does a public library, bookstore,
or newsstand. Any opinions, advice, statements,
services, offers, or other information or content
expressed or made available by third parties, including
information providers, Users or any other user of
digitalrabs.com, are those of the respective author(s)
or distributor(s) and not of Digital RABS. Neither
Digital RABS nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of
any content, nor its merchantability or fitness for any
particular purpose.
12. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When accessing the Website or using the Services, you
agree to obey the law and to respect the intellectual
property rights of others. Your use of the Services and
the Website is at all times governed by and subject to
laws regarding copyright ownership and use of
intellectual property. You agree not to upload,
download, display, perform, transmit, or otherwise
distribute any information or Materials in violation of
any third party's copyrights, trademarks, or other
intellectual property or proprietary rights. You agree
to abide by laws regarding copyright ownership and use
of intellectual property, and you shall be solely
responsible for any violations of any relevant laws and
for any infringements of third party rights caused by
any Materials you provide or transmit, or that is
provided or transmitted using your User ID. The burden
of proving that any Materials do not violate any laws or
third party rights rests solely with you.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF digitalrabs.com IS
AT USER'S SOLE RISK. NEITHER COMPANY, ITS AFFILIATES NOR
ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT
digitalrabs.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF digitalrabs.com, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH
digitalrabs.com.
B. digitalrabs.com IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY
ACKNOWLEDGES THAT COMPANY IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT SHALL Digital RABS, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
digitalrabs.com OR THE Digital RABS SOFTWARE, BE LIABLE
FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
digitalrabs.com. USER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON
THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER
Digital RABS NOR ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE
CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
digitalrabs.com, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR
LOSSES ARISING THERE FROM OR OCCASIONED THEREBY. NONE OF
THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE
ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL
REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION.
Digital RABS, ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT
DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER
Digital RABS NOR ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR
ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES
BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT
LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF
CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS,
SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE
FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER
FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY
SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET
SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY
ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A
MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE
PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR
AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED
PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS
AGREEMENT.
14. LINKS TO THIRD PARTY SITES
A. THE
LINKS IN THIS AREA WILL LET YOU LEAVE Digital RABS'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF
Digital RABS AND Digital RABS IS NOT RESPONSIBLE FOR THE
CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A
LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
Digital RABS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY
OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED
SITE. Digital RABS IS PROVIDING THESE LINKS TO YOU ONLY
AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY Digital RABS OF THE SITE.
B. Digital RABS is a distributor (and not a publisher)
of content supplied by third parties and Users.
Accordingly, Digital RABS has no more editorial control
over such content than does a public library, bookstore,
or newsstand. Any opinions, advice, statements,
services, offers, or other information or content
expressed or made available by third parties, including
information providers, Users or any other user of
digitalrabs.com, are those of the respective author(s)
or distributor(s) and not of Digital RABS. Neither
Digital RABS nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of
any content, nor its merchantability or fitness for any
particular purpose.
C. In many instances, the content available through
digitalrabs.com represents the opinions and judgments of
the respective information provider, User, or other user
not under contract with Digital RABS. Digital RABS
neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement made on
digitalrabs.com by anyone other than authorized Digital
RABS employee spokespersons while acting in their
official capacities. Under no circumstances will Digital
RABS be liable for any loss or damage caused by a User's
reliance on information obtained through
digitalrabs.com. It is the responsibility of User to
evaluate the accuracy, completeness or usefulness of any
information, opinion, advice or other content available
through Digital RABS. Please seek the advice of
professionals, as appropriate, regarding the evaluation
of any specific information, opinion, advice or other
content.
15.
UNSOLICITED IDEA SUBMISSION POLICY
Digital
RABS OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES,
PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT
NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK,
SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS
POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR
DISPUTES WHEN COMPANY'S PRODUCTS OR MARKETING STRATEGIES
MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO Digital RABS.
SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO COMPANY
OR ANYONE AT Digital RABS. IF, DESPITE OUR REQUEST THAT
YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND
THEM, PLEASE UNDERSTAND THAT Digital RABS MAKES NO
ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED
AS CONFIDENTIAL OR PROPRIETARY.
16.
PRIVACY POLICY
Digital
RABS respects your privacy and permits Users to control
the treatment of personal information. A complete
statement of Digital RABS current Privacy Policy can be
reviewed on our "Privacy Policy" link located or
published at the bottom of our Web pages.
17. MONITORING
Digital RABS shall have the right, but not the
obligation, to monitor the content of digitalrabs.com,
including chat rooms and forums, to determine compliance
with this Agreement and any operating rules established
by Digital RABS and to satisfy any law, regulation or
authorized government request. Digital RABS shall have
the right in its sole discretion to edit, refuse to post
or remove any material submitted to or posted on
digitalrabs.com. Without limiting the foregoing, Digital
RABS shall have the right to remove any material that
Digital RABS, in its sole discretion, finds to be in
violation of the provisions hereof or otherwise
objectionable.
18. INDEMNIFICATION AND HOLD HARMLESS
User agrees to defend, indemnify and hold harmless
Digital RABS, its affiliates and their respective
directors, officers, employees and agents from and
against all claims and expenses, including attorneys'
fees, arising out of the use of Digital RABS by User or
User's Account.
19.
TERMINATION
Either
Digital RABS, digitalrabs.com or User may terminate this
Agreement at any time. Without limiting the foregoing,
Digital RABS shall have the right to immediately
terminate User's Account in the event of any conduct by
User which Digital RABS, in its sole discretion,
considers to be unacceptable, or in the event of any
breach by User of this Agreement.
20.
PAYMENTS AND REFUND POLICY
A. Users are charged for software, written publications
and online media products. If you pay a company other
than us for the service, then the charges and billing
terms are as stated by the other company. Even if you do
not pay for the service, you may still incur charges
incidental to using the service; for example, charges
for Internet access, mobile text messaging, or other
data transmission.
B. WHEN YOU CREATE A BILLING ACCOUNT, YOU ENTER YOUR
PAYMENT METHOD. YOU MUST BE AUTHORIZED TO USE THE
PAYMENT METHOD. YOU AUTHORIZE US TO CHARGE YOU FOR THE
SERVICE USING YOUR PAYMENT METHOD AND FOR ANY PAID
FEATURE OF THE SERVICE FOR WHICH YOU CHOOSE TO SIGN-UP
OR USE WHILE THIS CONTRACT IS IN FORCE. WE MAY BILL YOU
FOR MORE THAN ONE OF YOUR PRIOR BILLING PERIODS
TOGETHER. IF WE INFORMED YOU THAT THE SERVICE WOULD BE
PROVIDED INDEFINITELY OR AUTOMATICALLY RENEWED, WE MAY
AUTOMATICALLY RENEW YOUR SERVICE AND CHARGE YOU FOR ANY
RENEWAL TERM.
C. You may have received a limited time of free service
or some other trial period offer. Unless we notify you
otherwise, if you are participating in any trial period
offer, you must cancel the service by the end of the
trial period to avoid incurring charges. If you do not
cancel your service, and we have informed you that the
service will automatically be converted into a paid
subscription at the end of the trial period, then you
authorize us to charge your payment method for the
service.
D. The price for the service excludes all taxes and
phone charges, unless stated otherwise. These taxes and
charges are your responsibility. Currency exchange
settlements are based on your agreement with your
payment method provider. We may change the price of the
service from time to time, but we will tell you before
we do.
E. If there is a specific time length and price for your
service offer, then that price will remain in force for
that time. After the offer period ends, your use of the
service will be charged at the new price.
F. If you do not agree to these changes, then you must
cancel and stop using the service before the changes
take place. If you cancel your service, then your
service ends at the end of your current service time
length or, if we bill your account on a period basis, at
the end of the period in which you cancelled.
G. We will provide you with an online billing statement
accessible online through your User Account. This is the
only billing statement that we provide. If you request a
paper copy, we may charge you a retrieval fee. We will
only provide paper copies for the past 120 days. If we
make an error on your bill, we will correct it promptly
after you tell us and we investigate the charge. You
must tell us within 120 days after an error first
appears on your bill. You release us from all liability
and claims of loss resulting from any error that you do
not report to us within 120 days after the error first
appears on your online statement. If you do not tell us
within this time, we will not be required to correct the
error. We can correct billing errors at any time.
H. You may cancel the service at any time, with or
without cause. Go to www.support.digitalrabs.com to obtain information on
cancelling your service. Certain service offers may
require cancellation charges, and you will pay all
cancellation charges as specified in the materials
describing the offer. Cancellation of the service by you
will not alter your obligation to pay all charges made
to your billing account for which you have already used
the Services.
J. The User Fee is non-refundable. If you cancel a paid
User Fee, Digital RABS will refund the pro-rated amount
based on the number of un-used days of User Fee. Under
no circumstances will the amount of the refund exceed
the amount you paid for Services.
21. ENTIRE AGREEMENT
This
Agreement, the privacy policy, domain licenses and any
operating rules for digitalrabs.com established by
Digital RABS constitute the entire agreement of the
parties and supersede all previous written or oral
agreements between the parties.
22. ARBITRATION
Each party to this Agreement expressly agrees that all
disputes, claims or controversies that exist or may come
to exist between them including, without limitation, all
disputes, claims or controversies that exist or may
arise out of, under or in connection with this
Agreement, first to binding arbitration located in
Cobb County, State of
Georgia in accordance with the
Commercial Arbitration Procedures of the American
Arbitration Association. The parties agree that judgment
upon the arbitration award will be final, binding and
conclusive upon each party and may be entered into any
court having jurisdiction. In the case of action under
this Section, the prevailing party shall be entitled to
recover its costs of the proceeding, including
reasonable attorneys' fees and out of pocket expenses.
23. CHOICE OF LAW, VENUE AND FORUM
The TOU, the privacy policy, domain licenses and any
operating rules for digitalrabs.com shall be construed
in accordance with and governed by the laws of the
United States and the State of Georgia, without reference to their rules regarding
conflicts of law. You hereby irrevocably consent to the
exclusive jurisdiction of the state or federal courts in
Fulton County, State of
Georgia, United States in all
disputes arising out of or related to the use of the
Website or, without reference to their rules regarding
conflicts of law.
23. SEVERABILITY
If, for whatever reason, a court of competent
jurisdiction finds any term or condition in these Terms
of Use to be unenforceable, all other terms and
conditions will remain unaffected and in full force and
effect.
24. WAIVER
No waiver of any breach of any provision of these Terms
of Use shall constitute a waiver of any prior,
concurrent, or subsequent breach of the same or any
other provisions hereof, and no waiver shall be
effective unless made in writing and signed by an
authorized representative of the waiving party.
25. HEADINGS
The section headings used herein are for convenience
only and shall not be given any legal importance.
26. COPYRIGHT
All
contents of Website or Services are: © Digital RABS. All
rights reserved.
27.TRADEMARKS
The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.
The example companies, organizations, products, domain
names, email addresses, logos, people and events
depicted herein are fictitious. No association with any
real company, organization, product, domain name, email
address, logo, person, or event is intended or should be
inferred. Any rights not expressly granted herein are
reserved.
28. NO LICENSE
Nothing contained on the Website should be understood as
granting you a license to use any of the trademarks,
service marks, logos and the like owned by Digital RABS
or by any third party.
29. NOTICES
Any notices to Digital RABS shall be given by email to
support@digitalrabs.com or by certified mail, return
receipt requested to Digital RABS, address 6342 McCollum
Ln. Acworth, GA. 30102. Any notice to Users shall be
sent by email to the email address provided by the User.
Email notices to a User shall be deemed delivered
twenty-four (24) hours from the time the email is sent.
Notices to Digital RABS shall be deemed delivered five
(5) calendar days after sent by certified mail.
30. COPYRIGHT INFRINGEMENT
Digital RABS has in place certain legally mandated
procedures regarding allegations of copyright
infringement occurring on the Website or with the
Services. Digital RABS has adopted a policy that
provides for the immediate suspension and/or termination
of any Website or Services user who is found to have
infringed on the rights of Digital RABS or of a third
party, or otherwise violated any intellectual property
laws or regulations. Digital RABS's policy is to
investigate any allegations of copyright infringement
brought to its attention. If you have evidence, know, or
have a good faith belief that your rights or the rights
of a third party have been violated and you want Digital
RABS to delete, edit, or disable the material in
question, you must provide Digital RABS with all of the
following information: (a) a physical or electronic
signature of a person authorized to act on behalf of the
owner of the exclusive right that is allegedly
infringed; (b) identification of the copyrighted work
claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification,
a representative list of such works; (c) identification
of the material that is claimed to be infringed 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 Digital RABS
to locate the material; (d) information reasonably
sufficient to permit Digital RABS to contact you, such
as an address, telephone number, and if available, an
electronic mail address at which you may be contacted;
(e) a statement that you 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 (f) a statement that the information in the
notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed. For this
notification to be effective you must provide it to the
Copyright Infringement Unit, support@digitalrabs.com and
by certified mail, return receipt requested Digital
RABS, address 6342 McCollum Ln. Acworth, GA. 30102.
31. INDEPENDENT PARTIES
You and
Digital RABS expressly agree that each is an independent
contractor of the other. Neither party is an agent,
representative, broker, employee, partner or joint
venture of the other party. This Agreement shall not be
interpreted or construed to create an association, joint
venture, agency, franchise or partnership between the
parties or to impose any partnership obligation or
liability upon either party
32. ACKNOWLEDGEMENT
BY USING THE SERVICES OR ACCESSING THE WEBSITE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND
AGREE TO BE BOUND BY THEM.
ANY
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
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