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TERMS
AND CONDITIONS OF USE:
(Last Updated: Oct. 2008)
We have taken every
effort to design Lazy Dude Publishers Web sites to be useful, informative, helpful,
honest and fun. Hopefully we’ve accomplished that — and would ask
that you let us know if you’d like to see improvements or changes
that would make it even easier for you to find the information you
need and want.
All we ask is that you agree to abide by the following Terms and
Conditions. Take a few minutes to look them over because by using
our site you automatically agree to them. Naturally, if you don’t
agree, please do not use the site. We reserve the right to make any
modifications that we deem necessary at any time.
Please continue to
check these terms to see what those changes may be! Your continued
use of Lazy Dude Publishers Web sites means that you accept
those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials:
All Online Materials on Lazy Dude Publishers
web sites, including, without
limitation, text, software, names, logos, trademarks, service marks,
trade names, images, photos, illustrations, audio clips, video
clips, and music are copyrighted intellectual property.
All usage rights are
owned and controlled by Lazy Dude Publishers. You, the visitor, may download
Online Materials for non-commercial, personal use - - - only provided you
agree:
1. we retain all
copyright, trademark and propriety notices,
2. you make no modifications to the materials,
3. you do not use the materials in a manner that suggests an
association with any of our products, services, events or brands, and
4. you do not download quantities of materials to a database,
server,
or personal computer for reuse for commercial purposes.
You may not, however,
copy, reproduce, republish, upload, post, transmit or distribute
Online Materials in any way or for any other purpose unless you get
our written permission first.
Neither may you add,
delete, distort or misrepresent any content on Lazy Dude Publishers
web sites. Any attempts to modify any
Online Material, or to defeat or circumvent our security features is
prohibited.
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data
accompanying it, is considered licensed to you by Lazy Dude Publishers or third-party licensors for
your personal, non-commercial home use only.
We do not transfer
title of the software to you. That means that we retain full and
complete title to the software and to all of the associated
intellectual-property rights. You’re not allowed to redistribute or
sell the material or to reverse-engineer, disassemble or otherwise
convert it to any other form that people can use.
Submitting Your Online Material to Us:
All remarks, suggestions, ideas, graphics, comments, or other
information that you send to Lazy Dude Publishers through Lazy Dude Publishers
web sites (other than
information we promise to protect under our privacy policy becomes
and remains our property, even if this agreement is later
terminated.
That means that we don’t have to treat any such submission as
confidential. You can’t sue us for using ideas you submit. If we use
them, or anything like them, we don’t have to pay you or anyone else
for them. We will have the exclusive ownership of all present and
future rights to submissions of any kind. We can use them for any
purpose we deem appropriate to our Lazy Dude Publishers mission, without compensating
you or anyone else for them.
You acknowledge that you are responsible for any submission you
make. This means that you (and not we) have full responsibility for
the message, including its legality, reliability, appropriateness,
originality, and copyright.
Limitation of Liability:
Lazy Dude Publishers WILL NOT BE LIABLE FOR ANY
DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF
ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY
ANY:
USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM
OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN
IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A
LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE
LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU
LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD
NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER
THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE
CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY
NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY
OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF
ANYTHING TO ACCESS OUR SITE.
Links to Other Site:
We sometimes provide referrals to and links to other World Wide Web
sites from our site. Such a link should not be seen as an
endorsement, approval or agreement with any information or resources
offered at sites you can access through our site. If in doubt,
always check the Uniform Resource Locator (URL) address provided in
your WWW browser to see if you are still in a Lazy Dude Publishers- operated
web site or have moved to
another site.
Lazy Dude Publishers is not responsible for the
content or practices of third party sites that may be linked to a Lazy Dude Publishers site. When Lazy Dude Publishers provides links or references to
other Web sites, no inference or assumption should be made and no
representation should be inferred that Lazy Dude Publishers is connected with, operates or
controls these Web sites. Any approved link must not represent in
any way, either explicitly or by implication, that you have received
the endorsement, sponsorship or support of any Lazy Dude Publishers site or endorsement, sponsorship
or support of Lazy Dude Publishers, including its respective
employees, agents or directors.
Termination of This Agreement:
This agreement is effective until terminated by either party. You
may terminate this agreement at any time, by destroying all
materials obtained from all Lazy Dude Publishers Web sites, along with all related
documentation and all copies and installations.
Lazy Dude Publishers may terminate this agreement at
any time and without notice to you, if, in its sole judgment, you
breach any term or condition of this agreement. Upon termination,
you must destroy all materials. In addition, by providing material
on our Web site, we do not in any way promise that the materials
will remain available to you. And Lazy Dude Publishers is entitled to terminate all or
any part of any of its Web site without notice to you.
Jurisdiction and Other Points to Consider:
If you use our site from locations outside of the United States, you
are responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the Florida, 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 Lazy Dude Publishers and/or its affiliates'
intellectual property rights, Lazy Dude Publishers and/or its affiliates may seek
injunctive or other appropriate relief in any state or federal court
in the State of Lazy Dude Publishers and you consent to exclusive
jurisdiction and venue in such courts.
All 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: Bay County, Florida. 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: Bay County, Florida,
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.
Every effort has been made to accurately represent our products and
their potential.
Any claims made of actual earnings or examples of actual results can
be verified upon request. The testimonials and examples used are
exceptional results, don’t apply to the average purchaser and are
not intended to represent or guarantee that anyone will achieve the
same or similar results.
Each individual’s
success depends on his or her background, dedication, desire and
motivation. As with any business endeavor, there is an inherent risk
of loss of capital and there is no guarantee that you will earn any
money.
Lazy Dude Publishers may modify these Terms of Use,
and the agreement they create, at any time, simply by updating this
posting and without notice to you. This is the ENTIRE agreement
regarding all the matters that have been discussed.
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