|
The
following are terms of a legal agreement ("Agreement") between you
and REV Business Acceleration LLC ("REV"). By accessing, browsing
and/or using this web site ("Site") you acknowledge that you have
read, understood and agree to be bound by these terms and to comply
with all applicable laws and regulations. This Site may contain
other proprietary notices and copyright information, the terms of
which must be observed and followed. Information on this Site may
contain technical inaccuracies or typographical errors. Please read
this Agreement carefully and be aware that REV may amend this
Agreement at any time without notice by posting the amended terms on
this Site. Amendments shall become effective thirty (30) days after
the first day REV posts any such amendment on this Site.
Hyperlinking
REV
makes no representations whatsoever about any other web site which
you may access through this one. When you access a non-REV web site,
please understand that it is independent from REV, and that REV has
no control over the content on that web site, even if REV provides
information or services to the owner of that web site. In addition,
a link to a non-REV web site does not mean that REV endorses or
accepts any responsibility for the content or the use of such web
site. It is up to you to take precautions to ensure that whatever
you select for your use is free of such items as viruses, worms,
trojan horses and other items of a destructive nature.
Copyrights and Use of Site Content
The
copyright in all materials provided on this Site is held by REV or
by the original creator of the material. Except as stated herein,
none of the materials may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any
form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording or otherwise, without the prior
written permission of REV or the copyright owner. Permission is
granted to display, copy, distribute and download the materials on
this Site on a single computer for your personal or internal
business use only provided that you do not modify the materials and
that you retain all copyright and other proprietary notices
contained in the materials. This permission terminates immediately
if you breach this Agreement. You may not "mirror" any material
contained on this Site without REV's express written permission. Any
unauthorized use of the materials contained on this Site may violate
copyright laws, trademark laws, the laws of privacy and publicity
and/or communications regulations and statutes. All content and
functionality on this Site, including text, graphics, logos, icons,
and images and the selection and arrangement thereof, is the
exclusive property of REV or its licensors and is protected by U.S.
and international copyright laws. All rights not expressly granted
are reserved.
Copyright Notice - © 2001-2006 REV Business Acceleration LLC. All
rights reserved.
Trademarks
The
trademarks, service marks and logos (the "Trademarks") used and
displayed on this Site are registered and unregistered Trademarks of
REV. Other company, product, and service names may be trademarks or
service marks of others. Nothing on this Site should be construed as
granting, by implication, estoppel or otherwise, any license or
right to use any Trademark displayed on this Site, without the prior
written permission of REV. REV aggressively enforces its
intellectual property rights to the fullest extent of the law. The
name REV or any other Trademarks may not be used in any way,
including in advertising or publicity pertaining to distribution of
materials on this Site, without prior written permission from REV.
REV prohibits use of REV or any other Trademark as part of a link to
or from any site unless establishment of such a link is approved in
advance by REV in writing. Fair use of REV's Trademarks requires
proper acknowledgment.
User Postings
You
acknowledge and agree that REV shall own and have the unrestricted
right to use, publish, in electronic form and otherwise, distribute
and exploit any and all information that you post or otherwise
publish on this Site. You hereby waive any claim against REV for any
alleged or actual infringements of any rights of privacy or
publicity, moral rights, or rights of attribution in connection with
REV's use and publication of such submissions. By submitting any
creative ideas, concepts, know-how, techniques, suggestions or
materials (collectively, "Submissions"), you are automatically
granting REV a perpetual, royalty-free, non-exclusive, unrestricted,
worldwide and irrevocable right and license to use, reproduce,
modify, publish, translate, prepare derivative works based upon,
distribute, perform or display such Submissions, in whole or in
part, in any form, media or technology known or hereafter developed
for any purpose, including, but not limited to, advertising and
promotional purposes (collectively, "Rights"). This means that
anything submitted by you to this Site will be owned by REV and may
be used by REV for any purpose, now or in the future, without any
payment to, or further authorization by, you. You covenant that you
shall not post or otherwise publish on the Site any materials that (i)
are threatening, libelous, defamatory, or obscene; (ii) would
constitute, or that encourage conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise violate
law; (iii) infringe the intellectual property, privacy, or other
rights of any third parties; (iv) contain a computer virus or other
destructive element; (v) contain advertising; or (vi) constitute or
contain false or misleading statements. REV reserves the right to
refuse to post and the right to remove any information, in whole or
in part, for any reason.
No Services or Professional Consultation
There may be delays, omissions or inaccuracies in information
obtained through your use of this Site. This information is provided
to you with the understanding that REV's provision of this
information to you does not constitute the rendering of investment,
consulting, legal, accounting, tax, career or other advice or
services. Information on this Site should not be relied upon for
making business, investment or other decisions or used as a
substitute for consultation with professional advisors. Moreover,
REV does not represent or endorse the accuracy or reliability of any
advice, opinion, statement, or other information displayed,
uploaded, downloaded or distributed through this Site by REV, any
user, information provider or any other person or entity. You
acknowledge that any reliance upon such opinion, advice, statement,
memorandum, or information shall be at your sole option and risk.
Access to This Site
REV
may alter, suspend or discontinue this Site or your access to use
this Site at any time for any reason without notice or liability.
This Site may become unavailable due to maintenance or malfunction
of computer equipment or for other reasons and may result in damages
to the user's systems or operations. The user shall be solely
responsible for ensuring that any information or content obtained
from this Site does not contain any virus or other computer software
code or subroutine designed to disable, erase, impair or otherwise
damage the user's systems, software or data.
Disclaimer of Warranties
THE
SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, REV DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, REV DOES NOT
WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE
OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE
UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE
OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT,
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR."
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL REV OR ANY OF ITS PREDECESSORS,
SUCCESSORS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS,
INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ATTORNEYS AND THE
RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS OF ALL THE FOREGOING BE
LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ALLEGEDLY RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE
INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS
SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE
SITE, EVEN IF REV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL REV'S AND/OR ITS PREDECESSORS',
SUCCESSORS', SUBSIDIARIES', AFFILIATES', OFFICERS', DIRECTORS',
MEMBERS', INVESTORS', EMPLOYEES', AGENTS', REPRESENTATIVES', AND
ATTORNEYS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
Indemnification
You
hereby indemnify, defend, and hold harmless REV and/or any of its
predecessors, successors, subsidiaries, affiliates, officers,
directors, members, investors, employees, agents, representatives,
and/or attorneys (collectively, the "Indemnified Parties") from and
against any and all liability and costs, including, without
limitation, reasonable attorneys' fees, incurred by the Indemnified
Parties in connection with any claim arising out of or relating to
any breach by you of this Agreement or the representations,
warranties, and covenants you have made by agreeing to the terms of
this Agreement. You shall cooperate as fully as reasonably required
in the defense of any such claim. REV reserves the right, at its own
expense, to assume the exclusive defense and control of any matter
subject to indemnification by you.
Enforcement of Terms and Conditions
This
Agreement is governed and interpreted pursuant to the laws of the
State of California, United States of America, notwithstanding any
principles of conflicts of law. You expressly agree that exclusive
jurisdiction resides in the courts of the State of California. You
further agree and expressly consent to the exercise of personal
jurisdiction in the State of California in connection with any
dispute or claim involving REV. If any part of these terms is
unlawful, void, or unenforceable, that part will be deemed severable
and will not affect the validity and enforceability of the remaining
provisions. REV may, in its sole discretion and without notice,
revise these terms at any time by updating this posting.
Entire Agreement
This Agreement constitutes the entire agreement
between you and REV with respect to the subject matter of this
Agreement and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding that
subject matter. Any waiver of any provision of this Agreement will
be effective only if in writing and signed by REV. |