USER
AGREEMENT
("Agreement")
ACCEPTANCE OF TERMS
THROUGH USE
By using this site,
you ("User") signify your agreement to these terms and conditions.
If you do not agree to this Agreement please do not use this site.
Please check this
Agreement periodically for changes as the owner (Overcome Everything Inc.) of this site ListCrusade.com
reserves the right to revise this Agreement and your continued use of
this site following the posting of any changes to the Agreement constitutes
acceptance of such changes. The Company reserves the right to terminate
a User's use of this site at any time without notice and may do so for
any breach of this Agreement or the instructions on this site by User.
This Agreement applies to licensors and advertisers as well.
YOU MUST BE OVER 18
TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must
be completed, understood and agreed to by a person over 18. If a parent
or guardian wishes to permit a person under 18, and under his or her
supervision, to use this site, he or she should email the Company with
his or her explicit permission and acceptance of full legal responsibility
for the minor to do so. If you are not yet 18, if you are easily offended,
or are accessing this site from any country where material on this site
is prohibited or illegal, please leave now as you do not have permission
to access this site.
LICENSE TO USE THIS
SITE
Upon your agreement
to this Agreement, the Company hereby grants you a non-exclusive, non-transferable
limited license to use this site in strict accordance with the terms
and conditions in this Agreement and as permitted via instructions on
this site. You agree not to make any false or fraudulent statements
in your use of or to gain access to this site. You acknowledge and agree
that all content and services available on this site are property of
the Company and its advertisers and licensors and are protected by copyrights,
moral rights, trademarks, service marks, patents, trade secrets, and
other proprietary rights and laws, in the U.S. and internationally.
All rights not expressly granted herein are fully reserved by the Company,
its advertisers and licensors.
LICENSE RESTRICTIONS
Use
Except as may be explicitly
permitted through this site, you agree not to save, download, cut and
paste, sell, license, rent, lease, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit,
or create derivative works from materials, code or content on or from
this site. Systematic retrieval of data or other content from this site
to create or compile, directly or indirectly, a collection, compilation,
database or directory without written permission from the Company is
prohibited. In addition, use of the content or materials for any purpose
not expressly permitted in this Agreement is prohibited.
Security
You agree that if
you are issued a Username and Password by the Company, you shall use
your best efforts to prevent access to this site through your Username
and Password by anyone other than yourself, including but not limited
to, keeping such information strictly confidential, notifying the Company
immediately if you discover loss or access to such information by another
party not under your control and supervision, and by using a Username
and Password not easily guessed by a third party.
You agree that you
shall not try to reverse engineer, reverse assemble, reverse compile,
decompile, disassemble, translate or otherwise alter any executable
code, contents or materials on or received via this site. You understand
that such actions are likely to subject you to serious civil and criminal
legal penalties and that the Company shall pursue such penalties to
the full extent of the law to protect its rights and the rights of its
other licensors.
International Users
Accessing this site,
and services, products or contents available on this site, except as
expressly allowed through instructions and truthful statements by the
User in regard to use of this site, from places outside the U.S. or
where their contents are illegal, is prohibited. Those who choose to
access this site from other locations do so knowingly on their own initiative
and voluntarily at their own risk and are responsible for compliance
with local laws. None of the information on this site may be downloaded,
exported or reexported into Iran, Iraq, Syria, Libya, Sudan, Cuba, North
Korea, Yugoslav Republic (Serbia and Montenegro), Rwanda, Nigeria or
any other country with restrictions imposed by the U.S. Government.
By using this site, you agree that you are not a citizen of or a resident
in any of these countries.
Export
You agree that you
shall comply with all applicable export and import control laws and
regulations in your use of this site, or materials or services received
through this site, and, in particular, you shall not export or re-export
anything on or received through this site in violation of local or foreign
export laws and/or without all required U.S. and foreign government
licenses.
Government Use.
If you are a branch
or agency of the U.S. Government, the following provision applies. This
site, code, contents, services and accompanying documentation are comprised
of "commercial computer software" and "commercial computer
software documentation" as such terms are used in 48 C.F.R. 12.212
(SEPT 1995) and are provided to the Government (i) for acquisition by
or on behalf of civilian agencies, consistent with the policy set forth
in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units
of the Department of Defense, consistent with the policies set forth
in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished
rights reserved under the copyright laws of the United States.
USER'S LICENSE GRANT
TO SITE
Except with regard
to personal information, all information which you post on this site
or communicate to the Company through this site (collectively "Submissions")
shall forever be the property of the Company. You agree to the Site
Submission Rules found below as part of this Agreement if provided on
the site by the Company. The Company shall not treat any submission
as confidential and shall not incur any liability as a result of any
similarities that may appear in future Company services or products.
Without limitation, the Company shall have exclusive ownership of all
present and future existing rights to any Submission of every kind and
nature everywhere. You acknowledge that you are fully responsible for
the message, including its legality, reliability, appropriateness, originality
and copyright. You hereby represent and warrant that your Submission
does not infringe the rights of any third party.
TRADEMARKS
The Company's, licensors'
or other third party materials, services or products referenced on this
site are common law or registered trade marks or service marks of such
parties.
THIRD PARTY SITES
You may be transferred
to online merchants or other third party sites through links or frames
from this site. You are cautioned to read such sites' Terms and Conditions
and/or Privacy Policies before using such sites in order to be aware
of the terms and conditions of your use of such sites. These sites may
contain information or material that is illegal, unreasonable or that
some people may find inappropriate or offensive. These other sites are
not under the control of the Company, are not monitored or reviewed
by the Company, and the Company is not aware of the contents of such
sites. You acknowledge that the Company is not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of the
contents or any transmissions received through such sites. The inclusion
of such a link or frame does not imply endorsement of this site by the
Company, its advertisers or licensors, any association with its operators
and is provided solely for your convenience. You agree that the Company
and its licensors have no liability whatsoever from such third party
sites and your usage of them.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS
AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE,
THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH
USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS
SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS
HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION
CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR
PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY,
AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR
ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE
THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE
WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION
RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS
RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN
THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION
OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL
APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES
SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS
SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE,
OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS
AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR
ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED
TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend,
indemnify, and hold harmless the Company, its advertisers, licensors,
subsidiaries and other affiliated companies, and their employees, contractors,
officers, agents and directors from all liabilities, claims, and expenses,
including attorney's fees, that arise from your use of this site, or
any services, information or products from this site, or any violation
of this Agreement. The Company reserves the right, at it own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you shall cooperate
with the Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend
or terminate this Agreement or User's use immediately upon receipt of
any notice which alleges that User has used this site for any purpose
that violates any local, state, federal or law of other nations, including
but not limited to the posting of information that may violate third
party rights, that may defame a third party, that may be obscene or
pornographic, that may harass or assault others, that may violate hacking
or other criminal regulations, etc. of its agents, officers, directors,
contractors or employees. In such event, Company may disclose the User's
identity and contact information, if requested by a government or law
enforcement body or as a result of a subpoena or other legal action,
and Company shall not be liable for damages or results thereof and User
agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND
FORUM
This site (excluding
third party linked sites) is controlled by the Company from its offices
within the State of Indiana, U.S. of America. It can be access from
all 50 states as well as from other countries around the world to the
extent permitted by site. As each of these places has laws that may
differ from Indiana, by accessing this site, both you and the Company
agree that the statues and laws of Indiana shall apply to any actions
or claims arising out of or in relation to this Agreement or your use
of this site, without regard to conflicts of laws principles thereof.
You and the Company also agree and hereby submit to the filing of any
claim only in the exclusive personal jurisdiction and venue of Indiana
and any legal proceedings shall be conducted in English. The Company
makes no representation that materials on this site are appropriate
or available for use in other locations, and accessing them from territories
where their contents are illegal is prohibited. This Agreement shall
not be governed by the United Nations Convention on Contracts for the
Sale of Goods.
CLAIMS OR REPRESENTATIONS
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND
IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE
CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE
THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE
MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS
A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELYDEPENDENT
ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT
THIS AS A “GET RICH SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN
BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS
CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM,
IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS
SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT
GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY
OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT
INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING
OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS
GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY
THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL
OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,”
“EXPECT,” “PROJECT,” “INTEND,” “PLAN,”
“BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN
CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES
MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL.
MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND
NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS
OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE
ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
MISCELLANEOUS
This Agreement incorporates
by reference the Site Submission Rules if this site allows posting and
posts such Rules. This Agreement constitutes the entire agreement between
the parties related to the subject matter thereof, supersedes any prior
or contemporaneous (oral, written or electronic) agreement between the
parties and shall not be changed except by written agreement signed
by an officer of the Company. If any provision of this Agreement is
prohibited by law or held to be unenforceable, the remaining provisions
hereof shall not be affected, and this Agreement as much as possible
under applicable law shall continue in full force and effect as if such
unenforceable provision had never constituted a part hereof and the
unenforceable provision shall be automatically amended so as to best
accomplish the objectives of such unenforceable provision within the
limits of applicable law. User shall not assign or transfer this Agreement
and any such transfer shall be void.
Site Submission
Rules
By using features of
this site that allow you to post or otherwise transmit information to
or through this site, or which may be seen by other users, you agree
that you shall not upload, post, or otherwise distribute or facilitate
distribution of any content -- including text, communications, video,
software, images, sounds, data, or other information -- that:
" is unlawful,
threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, tortious, obscene, sexually explicit
or graphic, or otherwise in violation of this site's rules or policies;
" victimizes, harasses, degrades, or intimidates an individual
or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
" infringes any patent, trade mark, service mark, trade secret,
copyright, moral right, right of publicity, privacy or other proprietary
right of any party;
" constitutes unauthorized or unsolicited advertising, junk or
bulk e-mail (also known as "spamming"), chain letters, any
other form of unauthorized solicitation, or any form of lottery or gambling;
" contains software viruses or any other computer code, files,
or programs that are designed or intended to disrupt, damage, or limit
the functioning of any software, hardware, or telecommunications equipment
or to damage or obtain unauthorized access to any data or other information
of any third party; or
" impersonates any person or entity, including any employee or
representative of this site, its licensors or advertisers.
You also agree that
you shall not harvest or collect information about the users of this
site or use such information for the purpose of transmitting or facilitating
transmission of unsolicited bulk electronic e-mail or communications
for any other commercial purpose of your own or a third party.
You further agree
that you shall not solicit or collect information, or attempt to induce
any physical contact with, anyone 18 years old or younger without appropriate
prior verifiable express parental consent.
This site generally
does not pre-screen, monitor, or edit the content posted by users of
this site. However, this site and its agents have the right, at their
sole discretion, to remove any content that, in this site's sole judgment,
does not comply with the Site Submission Rules or is otherwise harmful,
objectionable, or inaccurate. This site is not liable for any failure,
delay, damages or results, in removing such content.
You agree that your
use of this site may be suspended or terminated immediately upon receipt
of any notice which alleges that you have used this site in violation
of these Rules and/or for any purpose that violates any local, state,
federal or law of other nations, including but not limited to the posting
of information that may violate third party rights, that may defame
a third party, that may be obscene or pornographic, that may harass
or assault others, that may violate hacking or other criminal regulations,
etc. of its agents, officers, directors, contractors or employees. In
such event, you agree that the owner of this site may disclose your
identity and contact information, if requested by a government or law
enforcement body or as a result of a subpoena or other legal action,
and the owner of this site shall not be liable for damages or results
thereof, and you agree not to bring any action or claim against the
owner of this site for such disclosure.
This site reserves the right to revise these Site Submission Rules at
its discretion, so check back from time to time to be sure you are complying
with the current version.