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Terms and Conditions
Terms of Service Last updated: May 09, 2009
Welcome to the techworship.com and sub sites (the "Website"), are owned and managed by James Management Consulting, Inc. This Terms of Service ("TOS") contain the terms and conditions that govern your use of the Website and the techworship.com and its sub sites Service (as defined below). This TOS explains your rights and responsibilities and what you can expect from the techworship.com Service. Use of the techworship.com Website and sub sites represents your acceptance of and agreement to this TOS. James Management Consulting, Inc. reserves the right to add, delete and/or modify any of the terms and conditions contained in this techworship.com, at any time and in its sole discretion, by posting a change notice or a new agreement on the techworship.com Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the techworship.com Service. Your continued use of this James Management Consulting, Inc., Inc Website and sub sites following posting of a change notice or new TOS on this James Management Consulting, Inc. Website will constitute binding acceptance of the changes.
1. The MERGEFIELD "domain_name" techworship.com Service. James Management Consulting, Inc. provides a number of Internet-based services through the Website (all such services, collectively, the "techworship.com Service"). The techworship.com service enables users to access the information posted on the Website, where some information may be accessed through memberships, through which information collected is govern by our Privacy Policy. Users also have the ability to purchase products offered through this James Management Consulting, Inc. Website (collectively, "Products"). techworship.com users may purchase Products for their own personal use. Users who would like to sell Products must enter into a Reseller Agreement. James Management Consulting, Inc. allows all users to browse and purchase Products from the Website. James Management Consulting, Inc. may offer a number of other services on this Website, including without limitation, message boards, contests, and newsletters, which may change from time to time.
2. Use of the Web Site and MERGEFIELD "domain_name" techworship.com Service. 2.1 Eligibility. James Management Consulting, Inc. will only knowingly make the techworship.com Service available to parties that can lawfully enter into and form contracts under applicable law. The techworship.com Service is not intended for children and for users under the age of 18 years old. 2.2 Compliance with TOS and Applicable Law. You must abide by all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the techworship.com Service and the Website. 2.3 Your License to Use the Web Site and the techworship.com Service. (a) James Management Consulting, Inc. solely and exclusively owns all intellectual property and other rights, title and interest in and to the techworship.com Service and Website, except as expressly provided for in these TOS. For example and without limitation, James Management Consulting, Inc. owns all related trademarks, websites & Design; the copyrights in and to the Website, and the process enabling you, the users to access the techworship.com Service. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by James Management Consulting, Inc. obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark or legend appearing on techworship.com (b) James Management Consulting, Inc. grants you a limited revocable license to access and use the Website and the techworship.com Service for its intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by James Management Consulting, Inc.; to compete with James Management Consulting, Inc.; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, James Management Consulting, Inc. may revoke the license granted to you. 2.3 Third-Party Services. James Management Consulting, Inc. may use third parties to provide certain services accessible through the techworship.com Website. James Management Consulting, Inc. does not control those third parties or their services, and you agree that James Management Consulting, Inc. will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this TOS when you use those services. If any such terms or policies conflict with techworship.com's TOS, agreements or policies, you must comply with techworship.com's TOS, agreements or policies, as applicable.
3. General Rules. 3.1 Prohibited Use. You may only use the techworship.com Service as expressly permitted by James Management Consulting, Inc. You may not cause harm to the Website or the techworship.com Service. Specifically, but not by way of limitation, you may not: (i) interfere with the techworship.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) create, modify, publish, display, disclose, rent, lease, loan or distribute derivative works from Documentation or any part thereof without the express written permission of James Management Consulting, Inc. (iii) reverse engineer, decompile or disassemble any technology used to provide the techworship.com Service; (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (v) collect electronic mail addresses or other information from third parties by using the techworship.com Service; (vi) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain techworship.com's name or James Management Consulting, Inc.’s trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the techworship.com Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by this TOS. 3.2 Privacy Policy. By entering into this TOS, you agree to James Management Consulting, Inc.'s collection, use and disclosure of your personal information in accordance with the techworship.com Privacy Policy. 3.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with techworship.com's Ordering Policy and instructions on the Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier.
4. Reservation of Rights. 4.1 Monitoring. James Management Consulting, Inc. reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If James Management Consulting, Inc. determines, in its sole and absolute discretion, that you or another techworship.com user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, James Management Consulting, Inc. may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party. James Management Consulting, Inc. may provide, or third parties may provide, links to other World Wide Web sites or resources. Because James Management Consulting, Inc. has no control over such sites and resources, you acknowledge and agree that James Management Consulting, Inc. 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 James Management Consulting, Inc. 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. Furthermore, you agree not to use techworship.com to:
4.2 Modification of the Service. James Management Consulting, Inc. reserves the right to modify the organization, structure or "look and feel" of the techworship.com Service or the Website, and may change, suspend, or discontinue any aspect of the techworship.com Service at any time without any liability to you or any third party. James Management Consulting, Inc. shall have complete discretion over the features, functions, prices and other terms and conditions on which the techworship.com Service is offered to techworship.com users.
5. Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant James Management Consulting, Inc. permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that James Management Consulting, Inc. will have no obligation to keep any Submissions confidential. You will not bring a claim against James Management Consulting, Inc. based on "moral rights" or the likes arising from techworship.com's use of a Submission.
6. By signing up as an affiliate with James Management Consulting, Inc. you agree to the following: This agreement is by and between and/or their assigns and all subscribers. Unless the context requires otherwise, and/or their assigns shall be referred to as "us, we, or our" and you shall be referred to as "you, your or subscriber." You understand that . and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities. A. Services to be Provided. We agree to pay you certain commissions as described on our website for referral sales made by customers. B. Termination. We may terminate your account: (a) if you violate our Terms Of Service Policy; (b) promote in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion. C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE , ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you. D. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us. If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances. YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion.. E. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time. F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B. G. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes. H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail. I. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation. 7. Representations and Warranties. 7.1 Mutual Representations and Warranties. You represent and warrant to James Management Consulting, Inc. and James Management Consulting, Inc. represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions. 7.2 By You. You represent and warrant to James Management Consulting, Inc. that, in your use of the techworship.com Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to James Management Consulting, Inc. that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) James Management Consulting, Inc. will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that James Management Consulting, Inc. incurs in providing the techworship.com Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
8. Disclaimers and Exclusions. DISCLAIMER OF WARRANTIES. MERGEFIELD "Company_Name" James Management Consulting, Inc. PROVIDES THE WEBSITE AND MERGEFIELD "domain_name" techworship.com SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MERGEFIELD "Company_Name" James Management Consulting, Inc. DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, MERGEFIELD "domain_name" techworship.com SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. MERGEFIELD "Company_Name" James Management Consulting, Inc. MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
9. Limitation of Liability. LIMITATION OF LIABILITY. MERGEFIELD "Company_Name" James Management Consulting, Inc. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE MERGEFIELD "domain_name" techworship.com SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification. You must indemnify and hold James Management Consulting, Inc. and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify James Management Consulting, Inc. under this Section, James Management Consulting, Inc. will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without James Management Consulting, Inc.’s express written permission.
11. Termination. 10.1 Termination. In its sole discretion, with or without notice to you, James Management Consulting, Inc. may: (i) suspend, limit your access to or terminate your use of the Website and/or the techworship.com Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from techworship.com's servers and directories and (iv) prohibit you from using the techworship.com Service and/or the Website. 10.2 Survival. Notwithstanding Section 10.1 above, this TOS will survive indefinitely unless and until James Management Consulting, Inc. chooses to terminate this TOS. 10.3 Effect of Termination. If you or James Management Consulting, Inc. terminates your use of the Website or the techworship.com Service, James Management Consulting, Inc. may delete any Content or other materials relating to your use of the techworship.com Service on techworship.com's servers or otherwise in its possession and James Management Consulting, Inc. will have no liability to you or any third party for doing so. 12. Notice. All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to James Management Consulting, Inc. you must use the following addresses: 630 E 59th Street, Brooklyn, NY 11234, business@jmcworld.com. If James Management Consulting, Inc. provides notice to you, James Management Consulting, Inc. will use the contact information provided by you to James Management Consulting, Inc. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
13. Dispute Resolution. All disputes arising out of, relating to or connected with these TOS or your use of any part of the techworship.com Service will be exclusively resolved under confidential binding arbitration held in Kings County, New York, before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying New York law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Kings County, New York. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and New York State courts in Kings County. Notwithstanding anything to the contrary in this Section 12, James Management Consulting, Inc. may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
14. Miscellaneous. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New York without reference to conflict of law principles. This TOS is not assignable or transferable by you without the prior written consent of James Management Consulting, Inc. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and James Management Consulting, Inc. are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect. |
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