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Terms of Service |
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Terms of Service
MyBizGate Internet provides internet services in conjunction with Affinity Path, LLC
Affinity Path, LLC ("Affinity Path") provides a variety of Internet services including, but not limited to, Internet dial-up access, e-mail, and other services (collectively known as the "Service"). The Service may be provided or delivered in conjunction with a Partner and marketed under the Partner's name. By registering as a Member of the Service, you agree to be bound by all of the terms and conditions set forth herein.
If you do not agree with the terms and conditions of this agreement, and any future revisions, you may not use the Service. If you are currently a Member of the Service and do not agree you must terminate your use of the Service. To become a Member you can pay directly or complete merchant offers ("Offers") to activate the Service from Affinity Path. The Offers may include, but are not limited to, informational services, credit cards, phone service, and book and music clubs, from a variety of merchants ("Merchants").
Affinity Path MAY CHANGE THE Terms of Service FROM TIME TO TIME. IT IS YOUR RESPONSIBILITY TO CHECK THIS DOCUMENT PERIODICALLY FOR ANY CHANGES OR MODIFICATIONS, AS THERE WILL BE NO INDIVIDUAL NOTICES TO MEMBERS REGARDING SUCH CHANGES OR MODIFICATIONS. YOUR CONTINUED USE OF THE SERVICE CONSTITUTES AN AFFIRMATIVE ACKNOWLEGMENT BY YOU OF THE Terms of Service AND ANY SUBSEQUENT MODIFICATIONS MADE TO THEM AND YOUR AGREEMENT TO ABIDE AND BE BOUND BY THEM.
Affinity Path RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE SERVICE WITH OR WITHOUT NOTICE TO OUR MEMBERS AT ANY TIME. Affinity Path SHALL NOT BE LIABLE TO ANY USER, THIRD PARTY, OR PARTNER SHOULD WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE.
Member Requirements
To utilize the Service you must be at least 18 years old. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur any charges. Affinity Path is not responsible in any way for any telephone charges. Affinity Path reserves the right to change the rates it charges or the terms of any of its services at any time. Some portions of the Service may be provided at no charge to our Members under some circumstances, however, we may require your participation in marketing programs, sales offers, or other revenue generating promotions that enable us to continue providing the Service.
Member's Account, Password, and Security
Upon registration, Members receive a username, password, and account designation. You and members of your household or business, if you have purchased a business account, are the only authorized users of your Affinity Path account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Service through your account. You must notify Affinity Path immediately upon discovering any unauthorized use of your account.
Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding the Member's allotted email space may, at Affinity Paths discretion, be transferred to a compressed temporary file storage or deleted. Affinity Path may delete the temporary file from the server. Any free Web site exceeding the amount of space allotted to such Member may be suspended until the Member reduces the disk space usage to the amount of space allotted or less or purchases additional space. Any free Web site exceeding the traffic limits for such Member will be billed for excess traffic or disabled. Any use of the Service to send large volumes of email will result in termination of the account without refund. Any use of an account for sending large numbers of email messages will result in additional charges to be assessed with a minimum of $500.00 per occurance. You hereby expressly provide permission to Affinity Path to charge your credit card and/or invoice you for sending more than 1000 messages during any billing period.
Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Members agree not to provide any public information services over a dial-up connection. Long connections and multiple logins are prohibited. The Service is intended for periodic use to browse the world wide web and to send and receive email. Members may not use the Service on a standby or inactive basis inorder to maintain a connection. Pinging is expressly prohibited. Any use of an account in any of these prohibited ways will result in additional charges to be assessed with a minimum of $250.00 per occurance. You hereby expressly provide permission to Affinity Path to charge your credit card and/or invoice you for such violations. Accordingly, Affinity Path, maintains the right to terminate any member's connection following a period of inactivity at determined by Affinity Path. Members will incur additional charges if your usage violates these terms. A Members account may be terminated at any time, WITHOUT ANY REFUND, if these terms of service are violated.
Affinity Path may change its dial-up numbers at any time. Affinity Path reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are Affinity Paths property and Affinity Path may alter or replace them at any time.
Affinity Path reserves the right to refuse service to anyone Affinity Path chooses.
Payment Obligations Of A Member
Members who choose to pay directly to activate the Service must:
(a) provide Affinity Path with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to Affinity Path all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.
(b) Members having questions regarding charges to an account, should contact Affinity Paths Customer Service Department at support@affinitypath.com . All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
(c) Charges are billed to Members credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services. Affinity Path is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Affinity Path.
(d) If paying by check, payments are due within 30 days after the month in which the charges are incurred.
(e) If you pay for Service through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.
(f) If you purchase Service through a reseller who in turns pays Affinity Path, the reseller must pay all amounts owing for your account. If the reseller fails to pay Affinity Path any amounts due whether or not you have paid the reseller your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.
(g) Delinquent accounts may be suspended or canceled at Affinity Paths sole discretion; however, charges will continue to accrue until the account is canceled. Affinity Path may bill an additional charge to reinstate a suspended account.
Affinity Path PROVIDES INTERNET ACCESS TO SOME MEMBERS AT NO CHARGE THROUGH INCOME DERIVED FROM OUR SPONSORS, PARTNERS, AND ADVERTISERS. MEMBERS MUST ACTIVELY UTILIZE Affinity Path E-MAIL AND MAY RECEIVE E-MAIL MARKETING FROM ONE OR MORE OF OUR PARTNERS. MARKETING MAY BE DELIVERED TO YOUR Affinity Path E-MAIL ADDRESS AND/OR THE EXISTING E-MAIL ADDRESS PROVIDED DURING REGISTRATION. FAILURE TO ACCESS Affinity Path E-MAIL AT LEAST ONE (1) TIME EACH CALENDAR MONTH MAY RESULT IN LOSS OF FREE INTERNET ACCESS. Affinity Path ENCOURAGES MEMBERS TO VISIT OUR PARTNERS AND ADVERTISERS BY CLICKING ON AD BANNERS AND OFFERS DISPLAYED WHILE CONNECTED TO THE INTERNET. Affinity Path MAY AT ANY TIME, AND AT ITS SOLE DISCRETION DISABLE USER ACCESS FOR FAILURE TO COMPLY WITH THESE REQUIREMENTS. MEMBERS MAY BE REQUIRED TO EXECUTE OFFERS FROM MERCHANTS TO EARN OR CONTINUE TO EARN THEIR MEMBERSHIP.
Monitoring of Service
Affinity Path has no obligation to monitor the Service, but may do so and disclose information regarding use of the Service for any reason if Affinity Path, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its Members. Please see our Privacy Policy . Affinity Path may immediately remove your material or information from Affinity Paths servers, in whole or in part, which Affinity Path, in its sole and absolute discretion, determines to infringe anothers property rights or to violate our policies.
At some times all or portions of the service may not be available to the Member.
DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY AFFINITY PATH, AFFINITY PATH DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. AFFINITY PATH HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. AFFINITY PATH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AFFINITY PATH MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH AFFINITY PATH OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY AFFINITY PATH OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. AFFINITY PATH AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, AFFINITY PATHS CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
Software License
Affinity Path grants to each Member a limited, nonexclusive, nontransferable and nonassignable license to install and use the Affinity Path software (including software from third-party vendors that Affinity Path distributes; in object code format), its associated documentation, and any updates thereto (Licensed Programs) in order to access and utilize the Service. Each Member agrees to use the Licensed Programs solely in conjunction with the Service and for no other purpose. Affinity Path may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member. The Licensed Software may be provided by either Affinity Path or by an Affinity Path Partner.
The Licensed Programs constitute confidential and proprietary information of Affinity Path and Affinity Paths licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with Affinity Path and Affinity Paths licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof.
You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Licensed Programs, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Deny Orders. Contractor/manufacturer is Affinity Path, LLC
The Licensed Programs may make certain modifications to your Internet browser and computer including, but not limited to, changing your "start page" to an Affinity Path owned or sponsored page, setting cookies, and installing companion software such as SaveNow by WhenU (www.whenu.com). By installing or executing the Licensed Programs you expressly agree to these changes.
WARRANTY DISCLAIMER. THE LICENSED PROGRAMS IS PROVIDED TO YOU ON AN "AS IS" BASIS. Affinity Path, ITS SUPPLIERS, and ITS PARTNERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Affinity Path, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
LIMITATION OF REMEDIES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL Affinity Path OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED PROGRAMS OR ANY DATA SUPPLIED THEREWITH, EVEN IF Affinity Path HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN NO EVENT SHALL Affinity Path's OR ITS SUPPLIERS' TOTAL LIABILITY TO YOU FOR ANY DAMAGES EXCEED $50. Some jurisdictions do not allow the limitation of liability, so this limitation may not apply to you.
INDEMNIFICATION
You agree to indemnify and hold Affinity Path, its officers, directors, employees, subsidiaries, affiliates, successors and assigns, harmless from any third party claim or demand, including reasonable attorneys' fees, made in connection with or arising out of your use of the Software or Service, your violation of the Terms of Service or the infringement by you, or other users of the Service using your Membership, of any intellectual property, right of privacy or publicity, or other right of any person or entity.
AFFINITY PATH PARTNERS
The Service may be distributed or provided in conjuction with Partners. Affinity Path is not responsible in any way for the content of the Partner's web site(s), the method of promotion by the Partner, or any marketing promises provided by the Partner.
WEB SITE USAGE
We may provide links on web site associated with the Service to other Web sites which are not under our control. These links are provided for convenience only and are not intended as an endorsement by Affinity Path of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.
You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked "Affinity Path", (b) the link must "point" to the URL "http://www.affinitypath.com" or "http://www.affinitypath.net " and not to any other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Affinity Path , (e) the link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site, and (f) Affinity Path may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by Affinity Path.
Some portions of the Service web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by Affinity Path. Affinity Path assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold Affinity Path harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify Affinity Path from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. Affinity Path will have no liability arising from use of that information . You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.
Your posting of material on the Service web site or providing material to Affinity Path to use on the web site will be deemed to be a grant by you to Affinity Path of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material .
TERM OF AGREEMENT
Continued use of the Service constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Service and, if you are a Member, to terminate your account.
TERMINATION.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to Affinity Path by:
* emailing support@affinitypath.com
Your termination will only be complete upon your receipt of a cancellation confirmation number from Affinity Path. Charges to your account will stop accruing the day Affinity Path provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. Any charges or payments that have been made prior to your cancellation will not be refunded.
If your account included space on Affinity Paths servers, anything stored on this space will be deleted upon termination INCLUDING ALL EMAIL.
Affinity Path may terminate the Service with or without cause at any time and effective immediately. Termination MAY OR MAY NOT be accompanied by a written notice. Affinity Path shall not be liable to you or any third party for termination of Service.
Should Member object to any terms and conditions of this service or any subsequent modifications thereto or become dissatisfied with the Service in any way, your sole and exclusive recourse is to immediately discontinue your use of the Service; cancel your Membership; and notify Affinity Path of your cancellation.
Upon termination of the Service, your right to use the Service and Software immediately ceases and you shall have no right and Affinity Path shall have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
Without prior notice, Affinity Path may terminate this Agreement, your password, your account, or your use of the Service, for any reason, including, without limitation, if Affinity Path, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. Affinity Path may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Service. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
PRIVACY POLICY
Affinity Path RESERVES THE RIGHT TO UTILIZE AND DISTRIBUTE USER REGISTRATION INFORMATION FOR MARKETING, OR OTHER REVENUE-GENERATING PURPOSES AS DEEMED NECESSARY TO PRESERVE AND EXTEND THE VIABILITY OF THE SERVICE. Affinity Path MAY SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION WITH
(a) OUR CORPORATE AFFILIATES
(b) WITH OTHER COMPANIES WITH WHOM WE HAVE SUBSTANTIAL STRATEGIC OR MARKETING RELATIONSHIPS (INCLUDING OUR E-MAIL MARKETING PARTNERS)
(c) WITH COMPANIES TO WHOM WE OUTSOURCE CERTAIN FUNCTIONS OF OUR WEBSITE OR SERVICES
(d) OUR PARTNERS
(e) AS REQUIRED BY LAW; AND
(f) IN THE EVENT OF Affinity Path's INSOLVENCY, WITH ANOTHER ENTITY IN CONNECTION WITH THE SALE OF Affinity Path's ASSETS. IN ADDITION, IF YOU INDICATE YOUR DESIRE TO RECEIVE A PARTICULAR SERVICE OR INFORMATION FROM ANOTHER COMPANY (e.g., catalogs), Affinity Path WILL SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION WITH THAT PARTICULAR COMPANY. IF YOU OPPOSE OUR PRIVACY POLICY, YOU MAY NOT REGISTER FOR THE SERVICE.
It is "Affinity Path's" policy to respect the privacy of its Members. Affinity Path will not monitor, edit, or disclose the contents of its Members' private communications unless required to do so by law or in the good faith belief that such action is necessary to conform to the edicts of the law or comply with legal process served on Affinity Path or to protect and defend the rights or property of Affinity Path. As a Member, you acknowledge and agree that Affinity Path neither endorse the contents of any Member communications nor assume responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
Affinity Path DOES HOWEVER, RESERVE THE RIGHT TO UTILIZE AND DISTRIBUTE USER REGISTRATION INFORMATION FOR MARKETING, OR OTHER REVENUE-GENERATING PURPOSES AS DEEMED NECESSARY TO PRESERVE THE VIABILITY OF Affinity Path. Some Affinity Path SERVICES ARE PROVIDED AT NO CHARGE TO OUR MEMBERS. USER REGISTRATION DATA MAY BE SOLD AND/OR DISTRIBUTED AT THE SOLE DISCRETION OF Affinity Path. IF YOU OPPOSE OUR PRIVACY POLICY, PLEASE DO NOT REGISTER FOR Affinity Path SERVICES.
As a Member you acknowledge and understand that certain technical processing of email messages and their content may be required to send and receive messages; conform to connecting networks' technical requirements; conform to the limitations of the Service; or conform to other similar requirements.
Limitation Of Liability
LIMITATION OF LIABILITY. Affinity Path SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Affinity Path HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Affinity Path SHALL NOT BE HELD RESPONSIBLE FOR ANY MESSAGES RECEIVED BY MEMBER, REGARDLESS OF THEIR CONTENT.
EMAIL MESSAGE STORAGE AND OTHER LIMITATIONS
Affinity Path assumes no responsibility for the deletion or failure to store email messages. Affinity Path has set no fixed upper limit on the number of messages you may send or receive through the Service; however, Affinity Path retains the right, at its sole discretion, to determine whether or not a Member's conduct is consistent with the letter and spirit of the Service. Affinity Path may terminate Service if a Member's conduct is found to be inconsistent with the intent of this agreement.
MEMBER CONDUCT
You are solely responsible for the contents of your transmissions through the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Therefore, you agree: (1) to comply with all applicable United States laws regarding the transmission of technical data exported from the U.S. through the Service; (2) that you shall not use the Service for illegal purposes; (3) that you shall not interfere or disrupt networks connected to the Service; and (4) that you shall comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures. Members may not use the Service to send chain letters, junk mail or spam (unsolicited bulk e-mail) or to communicate with any person who has not given specific permission to be included in such communications. In addition, you may not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Members may not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
Affinity Path may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with this Agreement. In such an event, all termination fees will be applied as if Member had chosen to cancel the contract on the termination date. Affinity Path reserves the right to terminate any inactive account.
NOTICES.
Except as otherwise indicated herein, all notices to you from Affinity Path or from you to Affinity Path shall be in writing and shall be made via email or conventional mail. Affinity Path may post notices or messages through the Service to inform Members of changes to the Service, or the Terms and Conditions of service, or other matters of importance; such postings shall constitute sufficient written notice to Member.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS. You may enter into correspondence with or participate in promotions of the Advertisers marketing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. Affinity Path assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
PROPRIETARY RIGHTS TO CONTENT
Members acknowledge that content, including but not limited to text, photographs, video, graphics, software, music, sound, or other material contained in either sponsor advertisements or emails presented to Member by Affinity Path or "Affinity Path Advertisers (collectively referred to as "Content"), is protected under the laws of copyright, trademark, patent, unfair competition or other applicable laws. Therefore, you are only permitted to use this Content as expressly authorized by Affinity Path or the Advertisers associated with the Affinity Path service. Members may not copy, reproduce, distribute, or create derivative works from this Content without the express written authorization to do so by the Affinity Path or the Advertiser.
Affinity Path E-MAIL MARKETING POLICY
Affinity Path reserves the right to send informational and/or commercially oriented messages to our e-mail users at their Affinity Path Mail & account and/or any alternate e-mail account provided by the user. Affinity Path participates in various marketing and advertising campaigns with reputable partners. Affinity Path e-mail users are provided the opportunity to "opt-out" of e-mail advertising and/or marketing campaigns administered by Affinity Path or an Affinity Path partner. Affinity Path assumes no responsibility for SPAM or harassing messages delivered to our users from outside our mail system but will make reasonable attempts to restrict such messages if they are determined to have originated from an Affinity Path e-mail account.
WhenU License Agreement
Some of the Affinity Path installations may include the WhenU software. The following License Agreement applies for this software.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING SAVENOW (THE "SOFTWARE") PROVIDED BY WHENU.COM, INC. ("WHENU.COM"). USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT (THE "LICENSE AGREEMENT"). BY INSTALLING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN. WHENU.COM RESERVES THE RIGHT TO REVISE THIS LICENSE AGREEMENT AT ANY TIME.
Functionality
SaveNow shows users relevant contextual information and offers as they surf the Web. There are a vast number of great offers and services available throughout the Internet. In addition, we negotiate a number of exclusive offers to maximize value for our users. SaveNow's goal is to show users information about these offers and services right at the moment when they need it. SaveNow's offers and information are provided to users by showing a limited number of relevant interstitials or pop-up ads when users visit various sites across the Internet. SaveNow's offers are delivered independently from the site the user happens to be visiting when he/she sees a SaveNow interstitial.
The License
The software is licensed to you for your personal, non-commercial use only. Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limitation, you may not: (a) modify or create any derivative works of the software or documentation; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the software; or, without limitation, redistribute, sublicense, or otherwise transfer rights to the software.
Age Limitation
WhenU.com products and services are not available to individuals below the age of 13. By accepting this installation, you are representing that you are not a minor below the age of 13.
Disclaimer of Warranty
You expressly agree that the use of this software is at your own risk. The software is provided on an As Is basis, without warranty of any kind, including without limitation the warranties that it is free of defects and errors, fit for a particular purpose, or non-infringing. WhenU.com reserves the right to periodically update and/or upgrade the software at the company's discretion. Your installation of the software indicates your acceptance of potential future updates and/or upgrades to the software.
The information and services provided by the software and/or WhenU.com are similarly provided on an As Is basis, without warranty of any kind. The accuracy and reliability of any information content or services provided by the software and or WhenU.com should be independently verified by you as the user prior to making purchase decisions and or any other decisions based on such information content and services.
Privacy
By downloading SaveNow you give permission to SaveNow to display relevant contextual information and offers. In order to provide SaveNow users with such information, SaveNow delivers content based on the URL visited by the user and/or search terms entered by the user into a search engine. SaveNow protects users’ privacy by determining on the client side whether or not to retrieve information from WhenU.com servers. Client-server communication takes place only on an as-needed basis, and SaveNow does NOT transmit a full history of URLS visited by the user to the WhenU.com servers. WhenU.com does NOT assemble personally-identifiable profiles of SaveNow users and personally identifiable information is not required in order to use the SaveNow software. WhenU.com may update its privacy policy and license agreement for SaveNow at any time at the discretion of the company.
Limitation of Liability
To the maximum extent permitted by law, in no event will WhenU.com or its agents be liable for any damages arising from the use of or inability to use the software, including, without limitation, damages to users' systems and/or software and/or data, computer failure or malfunction, computer virus transmission, performance delays or communication failures, security breaches or any and all other damages or losses.
Laws
Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in San Francisco, California, under the Commercial Arbitration Rules of the American Arbitration Association by three arbitrators appointed in accordance with said Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
This contract shall be governed by the law of the State of California, excluding its conflict of law principles. The arbitration proceedings shall be governed by federal arbitration law and by the Rules, without reference to state arbitration law.
GOVERNING LAW AND OTHER TERMS
This Agreement is to be construed in accordance with and governed by the internal laws of the United States of America and the State of California without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the Parties. Any action related to this Agreement will be governed by California law, excluding (1) principles of conflicts of laws, and (2) the United Nations Convention on Contracts for the International Sale of Goods. Any action relating to this Agreement shall be brought in the state or federal courts located in the Northern District of California, and Partner hereby submit to the exclusive jurisdiction and venue thereof. Partner agree to comply with the laws of California and the United States that apply to the use of this Service and the compensation partner may receive. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
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