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TERMS OF USE SITE
The use of the web site (the "Web Site") is
subject to the terms and conditions stated herein and to the terms set by the
Site Owner (Yoli Viloria) located at www.blueoneagents.com. Use of the Web Site
constitutes an agreement by you, the user, that your use is governed by these
terms and conditions. In addition, when using particular a la mode, inc. (ALM)
services, you will be subject to any guidelines or rules applicable to such
services that may be posted from time to time. XSites, XSites Network, WinTotal,
InterFlood, and Pocket Total are among the products owned by ALM.
You are responsible for regularly reviewing this
Agreement.
Ownership of Intellectual
Property
The works of authorship contained in this Web
Site, including but not limited to all design, text and images, are owned,
except as otherwise expressly stated, by ALM or its licensors. United States and
worldwide copyright laws and treaty provisions protect the contents of this Web
Site. In accordance with these terms, except as stated above,
Appropriate Conduct and Prohibited
Uses:
You agree that You are responsible for your own
conduct and content while using the Service and for any consequences thereof.
You agree to use the Service only for purposes that are legal, proper and in
accordance with these Terms of Use and any applicable policies or guidelines. By
way of example, and not as a limitation, You agree that when using the Service,
You will not:
- Copy, reproduce, modify, use, republish, upload, post, publish, license,
create derivative works from, transmit or distribute in any way material from
the Web Site without express written permission;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
- upload, post, email or transmit or otherwise
make available any inappropriate, defamatory, infringing, obscene, or unlawful
Content;
- upload, post, email or transmit or otherwise
make available any Content that infringes any patent, trademark, copyright,
trade secret or other proprietary right of any party, unless You are the owner
of the Rights or have the permission of the owner to post such Content;
- upload, post, email or transmit or otherwise
make available messages that promote pyramid schemes, chain letters or
disruptive commercial messages or advertisements, or anything else prohibited by
law, these Terms of Service or any applicable policies or guidelines.
- download any file posted by another that You
know, or reasonably should know, that cannot be legally distributed in such
manner;
- impersonate another person or entity, or falsify
or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material;
- restrict or inhibit any other user from using
and enjoying Site Owners and/or ALM services;
- use services for any illegal or unauthorized
purpose;
- interfere with or disrupt services or servers or
networks connected to Site Owners and/or ALM services, or disobey any
requirements, procedures, policies or regulations of networks connected to Site
Owners and/or ALM services;
- use any robot, spider, site search/retrieval
application, or other device to retrieve or index any portion of services or
collect information about users for any unauthorized purpose;
- submit Content that falsely expresses or implies
that such Content is sponsored or endorsed by ALM and/or Site Owner;
- create user accounts by automated means or under
false or fraudulent pretenses;
- promote or provide instructional information
about illegal activities or promote physical harm or injury against any group or
individual; or
- transmit any viruses, worms, defects, Trojan
horses, or any items of a destructive nature.
- Redeliver, transfer, or sell any information,
software, lists of users, databases or other lists, products, or services
provided through or obtained from the Site Owner and/or ALM Web Sites. This
includes among other activities, using "framing, scraping, screen scraping,
database scraping, or any other activity with the purpose of obtaining lists
of users or other information and includes any of the pages, text, images or
other content of this Web Site technology without express written permission.
- Soliciting any of the individuals or companies
listed on this web site for purposes of selling products or services is
prohibited.
- International users agree to comply with their own
local rules regarding online conduct and acceptable content, including laws
regulating the export of data to the United States or your country of
residence.
Listings
Site Owner does not guarantee the availability of
the listings. Site Owner does not make guarantees as to the time it takes for a
listing to sell, the likelihood, or duration for a listing to sell.
Market Volatility
Site owner is not liable for changes in the
market that change buyer/seller conditions.
Activity Restriction
Site use is restricted to buyer/seller activities
only.
Web Site Security
You are prohibited from violating or attempting
to violate the security of the Web Site, including, without limitation, (a)
accessing data not intended for your viewing or logging into a server or account
which you are not authorized to access, (b) attempting to probe, scan or test
the vulnerability of a system or network or to breach security or authentication
measures without proper authorization or (c) attempting to interfere with
service to any user, host or network. Violations of system or network security
may result in civil or criminal liability. ALM and/or Site Owner will
investigate occurrences that may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations.
DISCLAIMER OF WARRANTY
THE WEB SITES ARE PROVIDED "AS-IS" AND "WITH ALL
FAULTS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALM AND SITE
OWNER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, REGARDING THE WEB SITES, INCLUDING WITHOUT LIMITATION ITS FITNESS FOR
A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, OR THE RESULTS OBTAINED BY USING
THE WEB SITES. THE COMPANY DOES NOT WARRANT THAT THE WEB SITES ARE FREE FROM
BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.
ALM AND SITE OWNER MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM SITE OWNER, ALM OR THROUGH OR FROM ALM SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
LIMITATION OF LIABILITY
SITE OWNER AND ALM SHALL HAVE NO LIABILITY TO YOU
OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS,
EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR
INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION, ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITES. USE OF SITE OWNER AND
ALM WEB SITES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE ALM WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITES.
Indemnity
You will indemnify, defend and hold harmless Site
Owner and ALM and its officers, directors, employees and agents (each, an
"Indemnified Party") from and against any and all claims, demands, losses,
costs, expenses, liabilities and damages of any kind or nature whatsoever
(collectively, "Damages") incurred by any Indemnified Party arising out of, in
connection with or resulting from (i) your use of the Web Sites or (ii) your
breach of this Agreement.
Governing Law/Arbitration
This Agreement shall be construed and governed by
the State of Oklahoma, U.S.A. You hereby consent to the exclusive jurisdiction
and venue of courts sitting in Oklahoma in all disputes arising out of or
relating to the use of the Web Sites. Use of the Web Sites is unauthorized in
any jurisdiction that does not give the effect to all provisions of these terms
and conditions, including without limitation this paragraph.
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