TERMS AND CONDITIONS OF USE AND EARNINGS DISCLAIMERS PRIVACY POLICY This Privacy Policy
describes the terms of our commitment to your privacy. PERSONS OR PARTIES
COVERED This Privacy Policy is intended to cover all visitors to this
website, all subscribers to lists or newsletters whether paid or unpaid, all
members or affiliates whether paid or unpaid, and all customers. Persons who
visit or view this website, whether intentionally or unintentionally, whether
solicited or unsolicited, are described herein as "Visitors" and are parties to
this Privacy Policy. Subscribers to lists or Newsletters are referred to herein
as "Subscribers" and are parties to the Privacy Policy. Persons who join an
organization or marketing endeavor (e.g. "affiliates") promoted by this website
are called "Members" herein and are covered by this Privacy Policy. Finally,
anyone who orders, attempts to order, or receives a product sold (recipients) or
advertised on or delivered from this website, even at no cost, is called a
"Customer" herein and is subject to this Privacy Policy not only by passive
acceptance, but by virtue of the Purchase Agreement contract. The website, its
agents, owners, operators, and employees are referred to collectively herein as
"Website," "Site," and/or "Seller". PERSONS EXCLUDED FROM
THIS WEBSITE ARE STILL COVERED In the
event that a person excluded from this website because of the Terms of Use or
from denial of service by the website, who nonetheless unlawfully views this
site, that person remains subject to the terms of this Privacy Policy and is in
violation of the Terms of Use. PERSONS UNDER 18 YEARS OF AGE ARE
EXCLUDED FROM THIS WEBSITE This
website is not lawfully accessible to persons under the age of 18 or who are
otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA).
If you are under the age of 18 you must leave this site immediately. Fraudulent
use of this website may make you subject to civil or criminal sanctions. VIEWING AND/OR USE
AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS POLICY Acceptance of the terms of
this Privacy Policy is a portion of the consideration required for your right to
visit the website. If you do not accept these terms, you have no right to visit
this site and you are fraudulently using this site. A NOTE TO
CALIFORNIA RESIDENTS (ONLINE PRIVACY PROTECTION ACT OF 2003 --OPPA) It is
the intent of the Privacy Policy to comply with the California Act. Various
provisions throughout this Privacy Policy address requirements of the act. In
summary, you must presume that we collect electronic information from all
visitors. This is not usually personally identifiable. If you purchase a
product or service via this website (and thereby become covered by the Act), the
purchase agreement you electronically sign prior to purchase allows the website
to collect and archive all the personal information you provide and to transmit
and/or transfer that personal information to third parties. There is no way you
can modify this information and you have no right to do so. Under the terms of
the purchase agreement, you have no right to view or receive any information
about our database. In the event that the website, under advice of counsel
agrees to divulge information, the requesting party must submit whatever
information is demanded by the website in insure that the website is releasing
information to the correct party. Other provisions of the OPPA may exempt this
website from complying. While we take measures to ensure that outside parties
do not have access to any information we have about you, we do not warranty that
outside parties will not breach our system and thus have access to your
information. (You should know that merchant service providers do not allow us
access to your credit card information.) This Privacy Policy also is subject to
change without notice. You are required to read it prior to using the website.
By interacting with the website you agree to the terms and conditions of the
Privacy Policy. By using the website or purchasing a product through this
website, you waive the right to use state or federal court systems to address
complaints and, instead, agree to use the American Arbitration Association
located in a city and county specified herein. ABOUT THE
PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED This website routinely
collects information about its visitors, subscribers, members, and customers.
This information is obtained in various ways, such as: VISITOR, SUBSCRIBER, MEMBER, OR
CUSTOMER INFORMATION OBTAINED FROM 'REGISTRATION' Registration means that
the Visitor, Subscriber, Member or Customer takes active, positive steps to
communicate information to this website. This can include pages or 'pop ups'
where you register for a newsletter or subscribe to a mailing list; it can
include your participation in visitor surveys; it can include requesting
information from the website via email, mail, or courier; it may be from joining
an affiliate program or other membership organization, paid or unpaid; it may be
from ordering a product. Occasionally complete credit card
information may be provided to the website via fax or a fill-in form rather than
regular secure merchant service processing. This information is kept at the
highest level of security and is never divulged to anyone except the merchant
service provider or for the purpose of communication with the customer. ONLINE ORDERING Online ordering via SSL encrypted
communication provided by shopping cart services supporting merchant service
companies like Visa and Master Card provides information to the website but does
not provide complete credit card numbers. In the process of online ordering,
the customer provides, name, address, city, state, email address, phone number,
CVV2 (back of card) number, and, occasionally a member password. You should
consider all this information available to the website. This information is
used to deliver the product, but under the Purchase Agreement you also approve
its use for general solicitation purposes. VISITOR EMAIL INQUIRIES Website visitors who wish
to communicate with the website do so under two conditions: one, they give
their permission for contact by the website; two, they are subject to any
submission provisions of the Terms of Use, Purchase Agreement, or this Privacy
Policy. While your email address may or may not be used to solicit you, it is
added to the website's general solicitation database. CUSTOMER EMAIL OR TESTIMONIALS If you
are a customer and send an email to the website, or if you communicate with the
site by phone or mail, the website collects information about your communication
and by communicating with the site you give your permission to collect, archive,
retrieve, and otherwise use any information collected as the site sees fit. Any communication which, in
its sole discretion, the site deems to be a testimonial, may be publicized for
commercial purposes. INFORMATION
OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE ADVERTISERS Visitors clicking on
banners or pop-ups or hyperlinked advertising, appearing on this website must
assume that information is being collected about them. This site is not
responsible for the use of information collected in such a fashion. Visitors
must assume that (1) information will be collected, (2) that cookies will
usually be placed on their hard drive, (3) that website does not have any
control over what happens with this information, (4) that website takes no
responsibility over the accuracy or content of advertisers, (5) that website is
not responsible for downloads from third party advertisers that contain viruses
or worms or other computer code that causes their computer or software harm, and
(6) that website assumes no responsibility for the data that is garnered from
the click itself or that the advertiser collects. INFORMATION OBTAINED FROM
REFERRING EMAIL OR REFERRING URLS If you send a friend an
email from this site or if you send the url or one of our web pages to a friend,
you must assume that some data is collected about your IP address or your email
address and that of your friend. You must assume that referred emails or web
pages may appear to come from your email. You must accept fully responsibility
for referring pages or email to a friend and agree to indemnify this site for
any damage, intentional or unintentional that results from said referrals. INFORMATION OBTAINED FROM
VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER SURVEYS Unless otherwise specified
in the survey, you must assume that any information provided to the website as
part of a survey in which you participate may be used for general solicitation
for commercial purposes and that such information will be shared with joint
venture partners, affiliates, marketing organization or used by the site itself
for product design or solicitation purposes. INFORMATION OBTAINED FROM
ELECTRONIC MEANS AND 'COOKIES' Many websites,
including this one, collect information about your computer, your email address,
your IP address. You must assume that your web-viewing or web-use activity is
monitored, tracked, and information collected. This information is not usually
of a personal nature, but it may help define your viewing habits and product
preferences even though the website may or may not have any idea who you are. "Cookies" is web jargon for bits of
computer code placed on your hard drive. Websites use this to keep you 'logged
in', to keep track of search criteria, to monitor use, to password protect use
of the site or use of products sold by the site. Cookies can also be used to
obtain information about your computer configuration or your use of your
computer. Cookies can be used to electronically
gather information about you. Again, it may or may not be personal information,
but it is information and by using this site you are expressly giving permission
to use 'cookies' and to use the information gathered from their use to benefit
you. You also give permission to collect, archive, retrieve, and use any
information collected for product design, product offers to you, and general
commercial solicitation purposes by this site or joint venture partners,
affiliates, and marketing organizations. HOW INFORMATION MAY BE USED The use of information as
described below may or may not be how information that is collected is
customarily used by this site. While actual use of any information collected
may be used quite conservatively, you must assume that it is not. You must
assume that information collected is shared with other persons or entities for
commercial purposes. While this is uncommon in practice, you must assume that
it is as you make your decision whether or not to view or interact with this
website. This type of shared information may include your name, address, phone
number, email address and buying habits, as well as other information. This
information may be used for general commercial solicitation by this website or
other persons it is sold to, rented to, or shared with. INFORMATION THAT IS NOT SHARED Credit card information or
other financial information is not usually known to the website. However, in
the event that it is made known, that information is never revealed to anyone
except to processing authorities or law enforcement agencies. However, the
provider of such information gives express permission to use it in fraud
investigation or for litigation. BULLETIN BOARDS AND PUBLIC FORUMS Visitors, subscribers, members, or
customers who use any site provided bulletin boards or other public forums, such
as chat rooms, do so at their own risk. You may not assume that the site
monitors these services or protects you in any manner from information you post
publicly or share with anyone else via these services. SPAM By providing to this
website information that forms the basis of communication with you, such as an
email address, you waive all rights to file complaints concerning unsolicited
email or spam from this website since, by providing such information, you agree
to receive communication from us or other marketing organizations. However, all
email communication with you shall contain an 'unsubscribe' link where you may
notify the website that you no longer wish to receive solicitations or
information from the website and your name will be removed from the general
solicitation database. DATA SECURITY This website takes
measures to protect its data that contains information related to you. However,
as a consideration for viewing this site or interacting with this site in any
manner, you waive all claims of any nature against this site concerning the
loss, alteration, or misuse of information. You must assume that it is possible
for your personal data to be obtained by others, such as "hackers," and used in
an inappropriate manner that may cause you harm and that you agree that the site
is not responsible for damages to you. QUESTIONS, COMMENTS, OR REPORT OF
INCIDENTS You may direct questions, comments or
reports to: CONTACT REVISIONS TO THIS PRIVACY POLICY
WITHOUT NOTICE This Privacy Policy is
dynamic. It will continually change. You may not assume that it remains the
same and you agree to check the policy each time you visit the site for
changes. Unless, in the sole opinion of the website, this policy changes so
drastically as to suggest a posted notification on the site or via email, you
will receive no notification of changes to this Privacy Policy nor, under any
circumstances, does this site promise notification. Your continued use of this
site always evidences your acceptance of the terms this Privacy Policy or any
modifications. LATEST UPDATE This Privacy Policy was last updated on:
Jan 17, 2009 COPYRIGHT This Privacy Policy is used under
license. The copyright is owned by Mining Gold Corporation and Nevada
Processing Center, Inc. DISPUTES As part of the
consideration that the Website requires of the Visitor to view, use, or interact
with this site, Visitor agrees to use binding arbitration for any claim,
dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or
otherwise) arising out of or relating to this purchase, this product, including
solicitation issues, privacy issues, and terms of use issues. Arbitration shall be
conducted pursuant to the rules of the American Arbitration Association, which
are in effect on the date a dispute is submitted to the American Arbitration
Association. Information about the American Arbitration Association, its rules,
and its forms are available from the American Arbitration Association, 335
Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take
place in the city or county of the Seller. In no case shall the
Visitor have the right to go to court or have a jury trial. Visitor will not
have the right to engage in pre-trial discovery except as provided in the rules;
you will not have the right to participate as a representative or member of any
class of claimants pertaining to any claim subject to arbitration; the
arbitrator's decision will final and binding with limited rights of appeal.
The prevailing party shall
be reimbursed by the other party for any and all costs associated with the
dispute arbitration, including attorney fees, collection fees, investigation
fees, travel expenses. JURISDICTION AND VENUE If any matter concerning
this purchase shall be brought before a court of law, pre- or post-arbitration,
Visitor agrees to that the sole and proper jurisdiction to be the state and city
declared in the contact information of the web owner unless otherwise here
specified. APPLICABLE LAW Visitor agrees that the
applicable law to be applied shall, in all cases, be that of the state of the
Website owner(s). COPYRIGHT AND LICENSE This "Privacy Policy" is
copyrighted 2010 by Michael Cowles, Inc (847) 350-9007, and is fully licensed
for use by this website. If you wish to lawfully use this Terms of Use on your
website, contact
support@internetlawcompliance.com for licensing information or visit
legal documents website.
Welcome to our website. This site is maintained as a service to our customers.
By using this site, you agree to comply with and be bound by the following terms
and conditions of use. Please review these terms and conditions carefully. If
you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Agreement (the Agreement') specifies the Terms and
Conditions for access to and use of [name of website] (the Site') and describe
the terms and conditions applicable to your access of and use of the Site. This
Agreement may be modified at any time by Michael Cowles upon posting
of the modified agreement. Any such modifications shall be effective
immediately. You can view the most recent version of these terms at any time at
[website address]. Each use by you shall constitute and be deemed your
unconditional acceptance of this Agreement.
2. Intellectual Property Ownership.
(a) Our Content. All content included on this site is and shall continue to be
the property of Michael Cowles or its content suppliers and is
protected under applicable copyright, patent, trademark, and other proprietary
rights. Any copying, redistribution, use or publication by you of any such
content or any part of the Site is prohibited without express permission by
Michael Cowles. Under no circumstances will you acquire any
ownership rights or other interest in any content by or through your use of this
site. [Trademark] is the trademark or registered trademark of [name of website
operator]. Other product and company names mentioned on this Site may be
trademarks of their respective owners.
(b) User Supplied Content. By accessing our forum, bulletin board, chat room, or
any other user interactive area of our site, and placing any information in any
of those areas, you hereby grant us a perpetual, irrevocable, royalty free
license in and to such materials, including but not limited to the right to
post, publish, transmit, distribute, create derivative works based upon, create
translations of, modify, amend, enhance, change, display and publicly perform
such materials in any form or media, whether now known or later discovered. You
also grant to others who access the forum, bulletin board, chat room or any
other user interactive area of our site a perpetual, non-revocable, royalty free
license to view, download, store and reproduce your postings but such license is
limited to the personal use and enjoyment of such other party.
(c) Personal Use. Michael Cowles grants you a limited, revocable,
nonexclusive license to use this site solely for your own personal use and not
for republication, distribution, assignment, sublicense, sale, preparation of
derivative works, or other use. You agree not to copy materials on the site,
reverse engineer or break into the site, or use materials, products or services
in violation of any law. The use of this website is at the discretion of [name
of website operator] and Michael Cowles may terminate your use of
this website at any time.
(d) Other Uses. All other use of Content from the Site, including, but not
limited to uploading, downloading, modification, publication, transmission,
participation in the transfer or sale of, copying, reproduction, republishing,
creation of derivative works from, distribution, performance, display,
incorporation into another web site, reproducing the Site (whether by linking,
framing or any other method), or in any other way exploiting any of the Content,
in whole or in part, is strictly prohibited without Michael Cowles
prior express written consent.
3. Disclaimers.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN
`AS IS, AS AVAILABLE BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE
RISK. Michael Cowles DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED
WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE
SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE, Michael Cowles DOES NOT WARRANT THAT USE OF THE SITE
WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. Michael Cowles , ITS
SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE
DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR
MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE.
USE OF THE SITE'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA
THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY. Michael Cowles SHALL NOT BE RESPONSIBLE
OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY
INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH [Name of
website operator] OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER
MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR
INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE
TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF [Name of website
operator] HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS. The information presented in this Website is intended
to be for your educational and entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before embarking on any endeavor, please use caution and seek the advice your
own personal professional advisors, such as your attorney and your accountant.
Where income figures are mentioned (if any), those income figures are anecdotal
information passed on to us concerning the results achieved by the individual
sharing the information. We have performed no independent verification of the
statements made by those individuals. Please do not assume that you will make
those same income figures.
Please do not construe any statement in this website as a claim or
representation of average earnings. There are NO average earnings. Testimonials
and statements of individuals are not to be construed as claims or
representations of average earnings. We cannot, do not, and will not make any
claims as to earnings, average, or otherwise.
Success in any endeavor is based on many factors individual to you. We do not
know your educational background, your skills, your prior experience, or the
time you can and will devote to the endeavor.
Please perform your own due diligence before embarking on any course of action.
Follow the advice of your personal qualified advisors.
There are risks in any endeavor that are not suitable for everyone. If you use
capital, only "risk" capital should be used.
There is no guarantee that you will earn any money using any of the ideas
presented in our in materials. Examples in our materials are not to be
interpreted as a promise or guarantee of earnings. Many factors will be
important in determining your actual results and no guarantees are made that you
will achieve results similar to ours or anybody elses. No guarantee is made
that you will achieve any result at all from the ideas in our material.
You agree that we will not share in your success, nor will we be responsible for
your failure or for your actions in any endeavor you may undertake.
Please understand that past performance cannot be an indication of possible
future results.
Materials in our product and our website may contain information that includes
or is based upon forward-looking statements within the meaning of the securities
litigation reform act of 1995. Forward-looking statements give our expectations
or forecasts of future events. You can identify these statements by the fact
that they do not relate strictly to historical or current facts. They use words
such as anticipate, estimate, expect, project, intend, plan,
believe, and other words and terms of similar meaning in connection with a
description of potential earnings or financial performance. Any and all forward
looking statements in our materials are intended to express our opinion of
earnings potential. They are opinions only and should not be relied upon as
fact.
4. Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You enter and participate in our forum,
bulletin board, chat room, or any other user interactive area of our site, and
gain access to the materials contained thereon at your own risk.
(b) No Monitoring. We do not monitor or screen communications on our forum,
bulletin board, chat room, or any other user interactive area of our site and we
are not responsible for any material that any of our forum, bulletin board, chat
room, or any other user interactive area of our site participant posts and we do
not assume the responsibility to do so. In the event that we are notified by any
party that any communications contained in our forum, bulletin board, chat room,
or any other user interactive area of our site is contrary to these terms, we
may, but are not obligated to, investigate the situation and determine in our
own discretion, whether to remove such communication from our forum, bulletin
board, chat room, or any other user interactive area of our site. We have no
liability or responsibility to investigate or remove any content from our forum,
bulletin board, chat room, or any other user interactive area of our site based
upon a complaint or otherwise.
(c) Your Reliance at Your Risk. We do not make any representations or warranties
as to the truth or accuracy of any statement made or materials posted on or
through our forum, bulletin board, chat room, or any other user interactive area
of our site. You agree and acknowledge that you assume the risk of any actions
you take in reliance upon the information that may be contained in our forum,
bulletin board, chat room, or any other user interactive area of our site.
(d) No Endorsement. We do not endorse or lend any credence for any statements
that are made by any participant in our forum, bulletin board, chat room, or any
other user interactive area of our site. Any opinions or views expressed by our
forum, bulletin board, chat room, or any other user interactive area of our site
participants are their own. We do not endorse or support or otherwise give any
credence or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully responsible for your own statements and
materials that you post in our forum, bulletin board, chat room, or any other
user interactive area of our site and any consequences, whether or not foreseen,
to any party who may rely upon these statements. You agree that you will not
take any action directed towards attempting to hold us responsible for any such
materials or statements.
(f) Removal of Material. As a participant in our forum, bulletin board, chat
room, or any other user interactive area of our site, you agree that we may
remove any materials from our forum, bulletin board, chat room, or any other
user interactive area of our site for any reason, in our sole discretion, or for
no reason at all. This includes material which is disruptive, abusive,
offensive, illegal, vulgar, pornographic, or any other material. You hold us
harmless from and against any damage you or others may suffer as a result of our
removal of any content from our forum, bulletin board, chat room, or any other
user interactive area of our site or from the discontinuance of our forum,
bulletin board, chat room, or any other user interactive area of our site at any
time.
(g) Right to Expel. We have the right to remove, expel, or disqualify any party
from participation and access to our forum, bulletin board, chat room, or any
other user interactive area of our site for any time and for any reason, or for
no reason whatsoever, in our sole and absolute discretion. This includes, but is
not limited to any violation of this agreement, disruptive behavior, complaints
from other parties, any allegedly illegal activity, or for any other reason or
for no reason at all.
(h) Right to Terminate. We reserve the right to terminate our forum, bulletin
board, chat room, or any other user interactive area of our site at any time and
all users hold us harmless from and against any claims, damages, suits, threats,
demands, liabilities, actions, causes of action, or injuries that may result
therefrom, including but not limited to any consequential, incidental, and
special damages of every nature and type.
(i) Prohibitions. You agree that you will not (1) use our forum, bulletin board,
chat room, or any other user interactive area of our site for any illegal
purpose, (2) place any material in our forum, bulletin board, chat room, or any
other user interactive area of our site that violates the copyrights,
trademarks, trade secrets, confidential information or other rights of any other
party, (3) place any material in our forum, bulletin board, chat room, or any
other user interactive area of our site that contains a false statement about
any person, infringes upon the privacy rights of any other person, or threatens,
harasses, abuses or embarrasses any other person, (4) place any obscene,
pornographic, sexually explicit or violent materials, graphics, photographs,
text or otherwise in our forum, bulletin board, chat room, or any other user
interactive area of our site, (5) place any advertising, attempted business
solicitation, marketing materials or sales promotional materials in our forum,
bulletin board, chat room, or any other user interactive area of our site, (6)
pretend to be another person that you are not, (7) place materials in our forum,
bulletin board, chat room, or any other user interactive area of our site that
are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You hold us harmless from, and indemnify us
against, any and all claims for damages from third parties arising from your
participation, use or conduct in our forum, bulletin board, chat room, or any
other user interactive area of our site.
5. Miscellaneous.
(a) Prohibition Against Data Mining. You are prohibited from data mining,
scraping, crawling, email harvesting or using any process or processes that send
automated queries to the Michael Cowles Web site. You may not use
the Michael Cowles Web site to compile a collection of listings,
including a competing listing product or service. You may not use the Site or
any Materials for any unsolicited commercial e-mail.
(b) Intended Audience. This website is intended for adults only. This website is
not intended for any children under the age of 18.
(c) Compliance with Laws. You agree to comply with all applicable laws regarding
your use of the website. You further agreed that information provided by you is
truthful and accurate to the best of your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold [name of website
operator] and our partners, employees, and affiliates, harmless from any
liability, loss, claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the Site.
(e) Privacy. Your visit to our site is also governed by our Privacy Policy.
Please review our Privacy Policy at [website address]. [Name of website
operator] reserves the right, and you authorize us, to use and assign all
information regarding site uses by you and all information provided by you in
any manner consistent with our Privacy Policy.
(f) DMCA Notice. If you believe your work has been copied in a way that
constitutes copyright infringement, please provide a notice containing all of
the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located
on the Site;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site
is Michael Cowles, who can be reached as follows:
Michael Cowles
454 Brandy Drive
Suite A
Crystal Lake, IL
60014
http://mikecowlessupport.com
(g) Applicable Law. You agree that the laws of the state of Illinois, without
regard to conflicts of laws provisions will govern these Terms and Condition of
Use and any dispute that may arise between you and Michael Cowles or
its affiliates. Venue shall be in [name of county].
(h) Arbitration. As part of the consideration that Michael Cowles requires for
viewing, using or interacting with this website, you agree to the use of binding
arbitration for any claim, dispute, or controversy of any kind (whether in
contract, tort or otherwise) arising out of or relating to this website.
Arbitration shall be conducted pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute is submitted to the
American Arbitration Association. Information about the American Arbitration
Association, its rules, and its forms are available from the American
Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York,
10017-4605. Hearing will take place in the city or county of [name of website
operator]. In no case shall you have the right to go to court or have a jury
trial. You will not have the right to engage in pre-trial discovery except as
provided in the rules; you will not have the right to participate as a
representative or member of any class of claimants pertaining to any claim
subject to arbitration; the arbitrator's decision will be final and binding with
limited rights of appeal. The prevailing party shall be reimbursed by the other
party for any and all costs associated with the dispute arbitration, including
attorney fees, collection fees, investigation fees, and travel expenses.
(i) Severability. If any provision of this Agreement shall be adjudged by any
court of competent jurisdiction to be unenforceable or invalid, that provision
shall be limited or eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect.
(j) Termination. Michael Cowles may terminate this Agreement at any
time, with or without notice, for any reason.
(k) Contact Information.
HOW TO CONTACT US:
Michael Cowles
454 Brandy Drive
Suite A
Crystal Lake, IL
60014
http://mikecowlessupport.com
847-350-9007
Crystal Lake, IL 60014. In the event that litigation is in a federal court, the
proper court shall be the closest federal court to the Seller's address.