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AGREEMENT BETWEEN USER AND POST TIME USA
The Post Time USA Web Site is comprised of various Web pages operated by Post Time USA.
The
Post Time USA Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the Post Time USA Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
Post
Time USA reserves the right to change the terms, conditions, and notices under which the Post Time USA Web Site is offered,
including but not limited to the charges associated with the use of the Post Time USA Web Site.
LINKS
TO THIRD PARTY SITES
The Post Time USA Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Post Time USA and Post Time USA is not responsible for the contents
of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked
Site. Post Time USA is not responsible for webcasting or any other form of transmission received from any Linked Site. Post
Time USA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by
Post Time USA of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As
a condition of your use of the Post Time USA Web Site, you warrant to Post Time USA that you will not use the Post Time USA
Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Post
Time USA Web Site in any manner which could damage, disable, overburden, or impair the Post Time USA Web Site or interfere
with any other party's use and enjoyment of the Post Time USA Web Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided for through the Post Time USA Web Sites.
USE OF COMMUNICATION SERVICES
The Post Time USA Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you
agree to use the Communication Services only to post, send and receive messages and material that are proper and related to
the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity)
of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage
the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service
specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know,
cannot be legally distributed in such manner.
- 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 contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Post Time USA has no obligation to monitor the Communication Services. However, Post Time USA reserves the right
to review materials posted to a Communication Service and to remove any materials in its sole discretion. Post Time USA reserves
the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Post
Time USA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in
part, in Post Time USA's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. Post Time USA does not control or endorse the content, messages
or information found in any Communication Service and, therefore, Post Time USA specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers
and hosts are not authorized Post Time USA spokespersons, and their views do not necessarily reflect those of Post Time USA.
Materials
uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You
are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED
TO Post Time USA OR POSTED AT ANY Post Time USA WEB SITE
Post Time USA does not claim ownership of the materials
you provide to Post Time USA (including feedback and suggestions) or post, upload, input or submit to any Post Time USA Web
Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting
your Submission you are granting Post Time USA, its affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to
publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Post Time USA is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in Post Time USA's sole discretion.
By posting, uploading, inputting, providing or
submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Post Time USA WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Post Time USA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE Post Time USA WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Post Time USA WEB SITE SHOULD NOT BE RELIED UPON
FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
Post Time USA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE Post Time USA WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Post Time USA AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Post Time USA AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR PERFORMANCE OF THE Post Time USA WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Post Time USA WEB SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE Post Time USA WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Post Time USA WEB SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Post Time USA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. 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 Post Time USA WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
Post Time USA WEB SITE.
SERVICE CONTACT : marty@breslownet.com
TERMINATION/ACCESS RESTRICTION
Post Time USA reserves the right, in its sole
discretion, to terminate your access to the Post Time USA Web Site and the related services or any portion thereof at any
time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State
of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington,
U.S.A. in all disputes arising out of or relating to the use of the Post Time USA Web Site. Use of the Post Time USA Web Site
is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Post Time USA as a result of this agreement or use of the Post Time USA Web Site. Post Time USA's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Post
Time USA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the
Post Time USA Web Site or information provided to or gathered by Post Time USA with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between
the user and Post Time USA with respect to the Post Time USA Web Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and Post Time USA with respect to the Post Time USA Web
Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All
contents of the Post Time USA Web Site are: Copyright 2002-2005 Post Time USA and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of
their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious.
No association with any real company, organization, product, person, or event is intended or should be inferred.
Any
rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright
infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
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