| TERMS AND CONDITIONS OF SERVICE |
ACCEPTANCE OF TERMS |
Welcome to AssnWeb.com! AssnWeb.com provides its service to you, subject to the following Terms and
Conditions of Service, which may be updated by us from time to time without notice to you. If you do not accept
these terms and conditions, do not use this web site and service. By using this web site, you are indicating your
acceptance to be bound by the terms of these Terms and Conditions. You should visit this page periodically to review
the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all
individuals and/or entities accessing this web site for any reason.
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You understand and agree that the Service is provided "AS-IS" and that AssnWeb.com assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
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YOUR REGISTRATION OBLIGATIONS |
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or AssnWeb.com has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AssnWeb.com
has the right to suspend or terminate your account and refuse any and all current or future use of the Service
(or any portion thereof). AssnWeb.com is concerned about the safety and privacy of all its users, particularly
children. For this reason, parents of children under the age of 13 who wish to allow their children access to the
Service must create a AssnWeb.com Family Account. When you create a AssnWeb.com Family Account and add your
child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the
child/children listed on the AssnWeb.com Family Account. By adding a child to your AssnWeb.com Family
Account, you also give your child permission to access all of the Services including, email, message boards, clubs,
instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or
Content (as defined in Section 6 below) are appropriate for your child.
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AssnWeb.com PRIVACY POLICY |
Registration Data and certain other information about you is subject to our Privacy Policy. |
MEMBER ACCOUNT, PASSWORD AND SECURITY |
You may receive a password and account designation upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a) immediately notify AssnWeb.com of any
unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. AssnWeb.com cannot and will not be liable for any loss or damage arising
from your failure to comply.
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MEMBER CONDUCT |
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not AssnWeb.com, are entirely responsible for all
Content that you upload, post, email or otherwise transmit via the Service. AssnWeb.com does not control the
Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under
no circumstances will AssnWeb.com be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
b. impersonate any person or entity, including, but not limited to, a AssnWeb.com official,
forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. upload, post, email or otherwise transmit any Content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment relationships or under nondisclosure
agreements);
d. upload, post, email or otherwise transmit any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any party;
e. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping rooms) that are designated for such purpose;
f. upload, post, email or otherwise transmit any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
g. interfere with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks connected to the Service;
h. intentionally or unintentionally violate any applicable local, state, national or international law.
i. stalk" or otherwise harass another;
j. collect or store personal data about other users;
You acknowledge that AssnWeb.com does not pre-screen Content, but that AssnWeb.com and its designees shall have
the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, AssnWeb.com and its designees shall have the right to remove any Content
that violates the TERMS AND CONDITIONS OF SERVICE or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by
AssnWeb.com or submitted to AssnWeb.com, including without limitation information in AssnWeb.com Message Boards,
AssnWeb.com Clubs, and in all other parts of the Service.
You acknowledge and agree that AssnWeb.com may preserve Content and may also disclose Content if required to do so by
law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TERMS AND CONDITIONS OF SERVICE; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal safety of AssnWeb.com, its users and the public.
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PUBLIC CONTENT |
By submitting content to any public or non-public area of the Web Site, including message boards, forums, contests
and chat rooms, you grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable
(through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify,
adapt, publish,translate, create derivative works from, distribute, communicate to the public, perform and display
the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology
now known or later developed, for the full term of any rights that may exist in such content. You also warrant that
the holder of any rights, including moral rights in such content, has completely and effectively waived all such
rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any
subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing,
the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
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INDEMNITY |
You agree to indemnify and hold AssnWeb.com, and its subsidiaries, affiliates, officers, agents, co-branders or
other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the
Service, your connection to the Service, your violation of the TERMS AND CONDITIONS OF SERVICE, or your violation of
any rights of another.
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NO RESALE OF SERVICE |
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
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GENERAL PRACTICES REGARDING USE AND STORAGE |
You acknowledge that AssnWeb.com may establish general practices and limits concerning use of the Service,
including without limitation the maximum number of days that email messages, message board postings or other
uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or
received by an account on the Service, the maximum size of any email message that may be sent from or received by an
account on the Service, the maximum disk space that will be allotted on AssnWeb.com's servers on your behalf,
and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of
time. You agree that AssnWeb.com has no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that
AssnWeb.com reserves the right to log off accounts that are inactive for an extended period oftime. You further
acknowledge that AssnWeb.com reserves the right to change these general practices and limits at any time, in its
sole discretion, with or without notice.
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MODIFICATIONS TO SERVICE |
AssnWeb.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You agree that AssnWeb.com shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the Service.
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TERMINATION |
You agree that AssnWeb.com, in its sole discretion, may terminate your password, account (or any part thereof) or
use of the Service, and remove and discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if AssnWeb.com believes that you have violated or acted inconsistently with the
letter or spirit of the TERMS AND CONDITIONS OF SERVICE. AssnWeb.com may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this TERMS AND CONDITIONS OF SERVICE may be effected without prior
notice, and acknowledge and agree that AssnWeb.com may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to such files or the Service. Further,
you agree that AssnWeb.com shall not be liable to you or any third-party for any termination of your access to
the Service.
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LINKS |
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because
AssnWeb.com has no control over such sites and resources, you acknowledge and agree that AssnWeb.com is not
responsible for the availability of such external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other materials on or available from such sites or resources. You
further acknowledge and agree that AssnWeb.com shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
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DISCLAIMER OF WARRANTIES |
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and
"as available" basis. AssnWeb.com expressly disclaims all warranties of any kind, whether express or implied,
including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and
non-infringement.
b. Name of company 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.
c. any material downloaded or otherwise obtained through the use of the service is done at
your own discretion and risk and that you will be solely responsible for any damage to your computer system.
loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from AssnWeb.com or
through or from the service shall create any warranty not expressly stated in the terms and conditions of service.
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LIMITATION OF LIABILITY |
You expressly understand and agree that name of company shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if name of company has been advised of the possibility of such
damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of
substitute goods and services resulting from any goods, data, information or services purchased or obtained or
messages received or transactions entered into through or from the service; (iii) unauthorized access to or
alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any
other matter relating to the service.
Because user authentication on the Internet is difficult, AssnWeb.com cannot and does not confirm that each user
is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior
of participants on AssnWeb.com, in the event that you have a dispute with one or more users, you release the
Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and
indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
We are under no legal obligation to, and generally do not, control the information provided by other users which is
made available through the Web Site. By its very nature, other people's information may be offensive, harmful or
inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and
common sense when using this Web Site.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the
accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the
Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or
material contained therein placed by you on the Web Site. Employers are solely responsible for their postings on
the Web Site.
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