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MySleepingTips.com Web Site Agreement
The www.MySleepingTips.com Web
Site (the "Site") is an online information service provided
by Steve Carter ("www.MySleepingTips.com"), subject to
your compliance with the terms and conditions set forth below. PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING
OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. www.MySleepingTips.com MAY
MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE
TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are
protected by international copyright and trademark laws. The owner of
the copyrights and trademarks are www.MySleepingTips.com, its affiliates
or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print
and download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not to
change or delete any copyright or proprietary notices from the materials.
You agree to grant to www.MySleepingTips.com a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and
publicly perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and services)
you submit to any public areas of the Site (such as bulletin boards, forums
and newsgroups) or by e-mail to www.MySleepingTips.com by all means
and in any media now known or hereafter developed. You also grant to www.MySleepingTips.com
the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising, marketing
and promotional material related thereto. You agree that you shall have
no recourse against www.MySleepingTips.com for any alleged or actual
infringement or misappropriation of any proprietary right in your communications
to www.MySleepingTips.com.
TRADEMARKS.
Publications, products, content or
services referenced herein or on the Site are the exclusive trademarks
or servicemarks of www.MySleepingTips.com. Other product and company
names mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information,
products or services clearly identified as being supplied by www.MySleepingTips.com,
www.MySleepingTips.com does not operate, control or endorse any
information, products or services on the Internet in any way. Except for
www.MySleepingTips.com - identified information, products or services,
all information, products and services offered through the Site or on
the Internet generally are offered by third parties, that are not affiliated
with www.MySleepingTips.com. You also understand that www.MySleepingTips.com
cannot and does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for the reconstruction
of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. www.MySleepingTips.com PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO
THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND www.MySleepingTips.com
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. www.MySleepingTips.com DOES
NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE
NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS
AT YOUR RISK. www.MySleepingTips.com HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.MySleepingTips.com
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF www.MySleepingTips.com
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, www.MySleepingTips.com
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
www.MySleepingTips.com makes no representations whatsoever about
any other web site which you may access through this one or which may
link to this Site. When you access a non-www.MySleepingTips.com
web site, please understand that it is independent from www.MySleepingTips.com,
and that www.MySleepingTips.com has no control over the content
on that web site. In addition, a link to a www.MySleepingTips.com
web site does not mean that www.MySleepingTips.com endorses or
accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and
hold harmless www.MySleepingTips.com, its officers, directors,
employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation
of this Agreement (including negligent or wrongful conduct) by you or
any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use
of the Service), and 3 (Indemnification) are for the benefit of www.MySleepingTips.com
and its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by
either party without notice at any time for any reason. The provisions
of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of
the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous)
shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed
and construed in accordance with the laws of the United Kingdom applicable
to agreements made and to be performed in the United Kingdom. You agree
that any legal action or proceeding between www.MySleepingTips.com
and you for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in the United Kingdom . Any cause of action
or claim you may have with respect to the Service must be commenced within
one (1) year after the claim or cause of action arises or such claim or
cause of action is barred. www.MySleepingTips.com's failure to
insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. www.MySleepingTips.com
may assign its rights and duties under this Agreement to any party at
any time without notice to you.
Any rights not expressly granted herein are reserved.
7. Anti-Spam policy
www.MySleepingTips.com is committed to permission-based email marketing
practices and has established this no-tolerance Anti-Spam Policy. www.MySleepingTips.com
may update this policy and provide notice of any changes on its home page.
Your use of this website constitutes your acceptance of the terms and
conditions of our Anti-Spam Policy.
Spam is commercial email or unsolicited
bulk email, including junk mail, which has not been requested by the recipient.
Spam is the opposite of permission-based email.
Spam is not an accepted promotion technique
and www.MySleepingTips.com does not condone or engage in Spam and
does not tolerate Spam of any sort. www.MySleepingTips.com Joint
Venture Partners, Customers and active affiliates, you are strictly forbidden
to advertise or promote www.MySleepingTips.com programs, products,
or services, via any form of Spam. www.MySleepingTips.com Joint
Venture Partners, Customers and active affiliates, agree to comply with
this Anti-Spam Policy. www.MySleepingTips.com reserves the right
to determine in its sole discretion what constitutes Spam.
www.MySleepingTips.com Joint
Venture Partners, Customers and active affiliates found to be using www.MySleepingTips.com
programs, products or services to engage in Spam WILL,
at www.MySleepingTips.com discretion, be immediately cut off from
use of all www.MySleepingTips.com, products and services.
www.MySleepingTips.com will take
any steps it deems necessary to prevent it from being involved in Spam
and will legally pursue any person(s) or organisation(s) that involve
it in Spam allegations. If damages of any kind are levied against www.MySleepingTips.com,
it will pursue full legal recourse against the offending person(s) and/or
organisation(s) under any and all applicable laws.
If you believe that you have received
Spam connected to www.MySleepingTips.com in any way, send a complaint
including the unsolicited email, to Spam@MySleepingTips.com. You
may also provide any other information that you believe may help an investigation.
www.MySleepingTips.com does not investigate or take any action
based on anonymous Spam complaints.
Individuals who sign up on the www.MySleepingTips.com
website for programs, teleclasses, products or for any other reason, and
provide their email address, give www.MySleepingTips.com permission
to send information on www.MySleepingTips.com programs, products
and services to said email address. In order to protect your privacy,www.MySleepingTips.com
does not sell, share or trade our subscriber list with anyone for any
reason and you may unsubscribe at any time.
8. Commercial Policy
Please note that any and all links exiting this site, and any content
found on the site may be used for commercial purposes and money may
be made from recommendations and links contained on the site. This site
is commercial in nature and does make a profit - but tries to be honest
and independent in its views, please be aware of that when reading the
information we provide.
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