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By using Our Site or indicating your agreement by
clicking the Accept button putting a check in the Accept box, you
agree to be bound by the Terms of Use. This is a legally binding
agreement. If you do not agree with the Terms of Use you should not
use Our Site.
1. We agree to provide you access to Our Site in accordance with the
Terms of Use.
2. You agree to use Our Site in a manner consistent with any and all
applicable rules and regulations.
3. You accept that Our Site is provided on an "as is, as available"
basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR SITE ARE FOR
INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE TERMINATED AT ANY TIME
FOR ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE SENDING OF
NOTICE TO THE OTHER PARTY.
6. WE MAY FOR MARKETING PURPOSES COLLECT, PROCESS AND TRANSMIT DATA
OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING OUR SITE.
7. You are authorized to download one copy of the material on our Site
on one computer for your personal, non-commercial use only but you may
not in so doing remove or amend any trademark, copyright or other
proprietary notice.
8. Subject to the above, you may not modify, copy, distribute,
republish or upload any of the material on our Site without our prior
consent in writing. No intellectual property or other rights shall be
transferred to you.
9. To the extent that portions of our Site (such as "chat rooms" or
"bulletin boards") provide users an opportunity to post and exchange
information, ideas and opinions ("Postings"), BE ADVISED THAT WE DO
NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS
WEB SITE, and Postings do not necessarily reflect our views. To the
fullest extent permitted by applicable laws, we exclude all
responsibility and liability for the Postings or for any losses or
expenses resulting from their use and/or appearance on our Site.
10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF
OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY
FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING,
INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A
VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS
OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THIS OUR SITE OR ANY WEB SITE
WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR
ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS
YOU CONSIDER NECESSARY.
11. We reserve the right to monitor all materials posted on this
bulletin board (“Postings”) and to remove any which we consider in our
absolute discretion to be offensive or otherwise in breach of these
Terms of Use.
12. You hereby represent and warrant that you have all necessary
rights in and to all Postings you provide and all material they
contain and that such Postings shall not infringe any proprietary or
other rights of third parties.
13. Where we provide hypertext links to other sites we do so for
information purposes only, and such links are not endorsements by us
of any products or services in such sites and we accept no liability
nor make any endorsement or approval of the same.
14. The Terms of Use contain the entire understanding between us with
respect of Our Site and no representation, statement, inducement oral
or written, not contained herein shall bind either of us.
15. Should any part of the Terms of Use be declared invalid or
unenforceable by a court of competent jurisdiction, this shall not
affect the validity of any remaining portion and such remaining
portion shall remain in full force and effect as if the invalid
portion of the Terms of Use had been eliminated.
16. This Agreement is governed by the laws of the State of Illinois,
without regard to principles of conflict of laws.
To the extent you have in any manner violated or
threatened to violate Keywordsecretary.com and/or its affiliates'
intellectual property rights, Keywordsecretary.com and/or its
affiliates may seek injunctive or other appropriate relief in any
state or federal court in the State of Illinois, and you consent to
exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: Crystal lake, Illinois. Any costs and fees other
than attorney fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding
arbitration at the following location: Crystal lake, Illinois, under
the rules of the American Arbitration Association. Judgment upon the
award rendered by the arbitration may be entered in any court with
jurisdiction to do so.
END USER SOFTWARE LICENSE AGREEMENT
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE
TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE ICON LABELED "I
ACCEPT" OR PUTTING A CHECK IN THE CHECK BOX INDICATING THAT YOU HAVE
READ THIS AGREEMENT AND ACCEPT IT’S TERMS. IF YOU DO NOT AGREE TO THIS
LICENSE, YOUR ORDER WILL BE CANCELED, THE SOFTWARE WILL NOT BE
DOWNLOADED AND YOU WILL NOT BE CHARGED.
License Grant
"You" means the person or company who is being licensed to use the
Software or Documentation. "We," "us" and "our" means Michael Cowles.
We hereby grant you a nonexclusive license to use one copy of the
Software on any single computer, provided the Software is in use on
only one computer at any time. The Software is "in use" on a computer
when it is loaded into temporary memory (RAM) or installed into the
permanent memory of a computer-for example, a hard disk, CD-ROM or
other storage device.
If the Software is permanently installed on the hard disk or other
storage device of a computer (other than a network server) and one
person uses that computer more than 80% of the time, then that person
may also use the Software on a portable or home computer.
Title
We remain the owner of all right, title and interest in the Software
and related explanatory written materials ("Documentation").
Archival or Backup Copies
You may copy the Software for back up and archival purposes, provided
that the original and each copy is kept in your possession and that
your installation and use of the Software does not exceed that allowed
in the "License Grant" section above.
Things You May Not Do
The Software and Documentation are protected by United States
copyright laws and international treaties. You must treat the Software
and Documentation like any other copyrighted material-for example, a
book. You may not:
Copy the Documentation,
Copy the Software except to make archival or backup copies as provided
above,
Modify or adapt the Software or merge it into another program,
Reverse engineer, disassemble, decompile or make any attempt to
discover the source code of the Software,
Place the Software onto a server so that it is accessible via a public
network such as the Internet, or
Sublicense, rent, lease or lend any portion of the Software or
Documentation.
Transfers
You may transfer all your rights to use the Software and Documentation
to another person or legal entity provided you transfer this
Agreement, the Software and Documentation, including all copies,
updates and prior versions to such person or entity and that you
retain no copies, including copies stored on computer.
Limited Warranty
We warrant that for a period of 90 days after delivery of this copy of
the Software to you:
The media on which this copy of the Software is provided to you will
be free from defects in materials and workmanship under normal use,
and
The Software will perform in substantial accordance with the
Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED
WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS,
INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of
whether we know or had reason to know of your particular needs. No
employee, agent, dealer or distributor of ours is authorized to modify
this limited warranty, or to make any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Limited Remedy
Our entire liability and your exclusive remedy for breach of the
foregoing warranty shall be, at our option, to either:
Return the price you paid, or
Repair or replace the Software or media that does not meet the
foregoing warranty if it is returned to us with a copy of your
receipt.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY
LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE
(EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF
THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER
PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Term and Termination
This license agreement takes effect upon your use of the software and
remains effective until terminated. You may terminate it at any time
by destroying all copies of the Software and Documentation in your
possession. It will also automatically terminate if you fail to comply
with any term or condition of this license agreement. You agree on
termination of this license to destroy all copies of the Software and
Documentation in your possession.
Confidentiality
The Software contains trade secrets and proprietary know-how that
belong to us and it is being made available to you in strict
confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS
ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE
WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR
TRADE SECRET RIGHTS.
Disputes
This license agreement shall be governed by, construed and enforced in
accordance with the laws of the Illinois, as it is applied to
agreements entered into and to be performed entirely within such
jurisdiction.
To the extent you have in any manner violated or threatened to violate
Michael Cowles and/or its affiliates' intellectual property rights,
Michael Cowles and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of
Illinois, and you consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: Crystal Lake, Illinois. Any costs and fees other
than attorney fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding
arbitration at the following location: Crystal Lake, Illinois, under
the rules of the American Arbitration Association. Judgment upon the
award rendered by the arbitration may be entered in any court with
jurisdiction to do so.
General Provisions
This written license agreement is the exclusive agreement between you
and us concerning the Software and Documentation and supersedes any
prior purchase order, communication, advertising or representation
concerning the Software.
This license agreement may be modified only by a writing signed by you
and us.
In the event of litigation between you and us concerning the Software
or Documentation, the prevailing party in the litigation will be
entitled to recover attorney fees and expenses from the other party.
You agree that the Software will not be shipped, transferred or
exported into any country or used in any manner prohibited by the
United States Export Administration
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