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Terms of Use
ACCEPTANCE
OF TERMS
(a) SameOwner.com provides its service to you subject to
the following Terms of Service ("TOS"), which may be
updated by us without notice to you. You can review the most current
version of the TOS at any time at:
http://SameOwner.com/Terms.html
.
(b) You
agree that creation of account at SameOwner.com or use of SameOwner.com, will constitute
your acceptance of this TOS. We may vary this TOS from time to time
and your continued use of SameOwner.com after any such revisions have been made
shall constitute your agreement to such revised terms.
(c) Unless
explicitly stated otherwise, any new features that augment enhance or
otherwise change SameOwner.com shall be subject to this TOS.
(d) Upon
request, you agree to sign a non-electronic version of this TOS.
DESCRIPTION
OF SERVICE
SameOwner.com provides users with access to an website
analytics (the "Service"). You also understand and agree
that the Service may include advertisements. You also understand and
agree that the Service may include certain communications from SameOwner.com,
such as service announcements and administrative messages. You
understand and agree that the Service is provided "AS-IS"
and that SameOwner.com assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
personalization settings. You are responsible for obtaining access
to the Service, and that access may involve third-party fees (such
as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide
and are responsible for all equipment necessary to access the
Service.
YOUR
REGISTRATION OBLIGATIONS
In consideration of your use of
the Service, you represent that you are of legal age to form a
binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's
registration form (the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, or SameOwner.com has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, SameOwner.com has the right to suspend
or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof).
SameOwner.com
PRIVACY POLICY
Registration Data and certain other
information about you is subject to our Privacy Policy. For more
information, see our full privacy policy at http://SameOwner.com/Privacy_policy.html
.
MEMBER
ACCOUNT, PASSWORD AND SECURITY
You are responsible for
maintaining the confidentiality of the password and account and are
fully responsible for all activities that occur under your password
or account. You agree to (a) immediately notify SameOwner.com of any
unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end
of each session. SameOwner.com cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 5.
MEMBER
CONDUCT
You agree
not to:
(a) impersonate any
person or entity using SameOwner.com
(b) upload, post, email
or otherwise transmit any material that contains software viruses or
any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or
hardware or telecommunications equipment used SameOwner.com;
(c) spam or flood the SameOwner.com
website or service;
(d) modify, adapt,
sub-license, translate, sell, reverse engineer, decompile or
disassemble any portion of the SameOwner.com website or service or the software
used in connection with SameOwner.com;
(e) remove any copyright,
trademark, or other proprietary rights notices contained in SameOwner.com;
(f) "frame" or
"mirror" any part of the SameOwner.com website or service without the
prior written authorization of SameOwner.com;
(g) use any robot,
spider, site search/retrieval application, or other manual or
automatic device or process to retrieve, index, "data mine,"
or in any way reproduce or circumvent the navigational structure or
presentation of the SameOwner.com website or service or its contents;
(h) otherwise interfere with,
or disrupt, SameOwner.com or servers or networks connected to SameOwner.com, or violate
this TOS or any requirements, procedures, policies or regulations of
SameOwner.com or of any networks connected to SameOwner.com; or
(i) intentionally or
unintentionally violate any applicable law or regulation, or any rule
or requirement established in connection with your use of SameOwner.com.
INDEMNITY
You agree to
indemnify and hold SameOwner.com and its subsidiaries, affiliates, licensors,
licensees, officers, agents, co-branders and other partners, and
employees, harmless from any and all liabilities, losses, damages,
claims, penalties, fines, costs and expenses, including without
limitation reasonable legal fees, that may arise in connection with:
(i) your use of and access to the SameOwner.com Website, including without
limitation any Content as well as your connection to the Website;
(ii) your failure to comply with any provision of the TOS; or (iii)
any claim by a third party that any use of the Website by you
infringes any intellectual property, other proprietary or privacy
right of such third party or has otherwise caused damage to a third
party.
SPECIAL
ADMONITIONS FOR INTERNATIONAL USE
Recognizing the
global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or
the country in which you reside.
MODIFICATIONS
TO SERVICE
SameOwner.com reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You agree
that SameOwner.com shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
TERMINATION
You
agree that SameOwner.com may, under certain circumstances and without prior
notice, immediately terminate your account and access to the
Service.
DEALINGS
WITH ADVERTISERS
Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or
through the Service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such advertiser. You agree that SameOwner.com shall not be responsible
or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such
advertisers on the Service.
LINKS
The
Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because SameOwner.com has no control over
such sites and resources, you acknowledge and agree that SameOwner.com 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 SameOwner.com 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.
SameOwner.com'S
PROPRIETARY RIGHTS
You acknowledge and agree that the
Service and any necessary software used in connection with the
Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or by advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by SameOwner.com or advertisers, you
agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or
in part.
You agree not to access the Service by any means
other than through the interface that is provided by SameOwner.com for use in
accessing the Service.
DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. SameOwner.com AND
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
SameOwner.com AND
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT
YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SameOwner.com
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SameOwner.com
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SameOwner.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS
AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
NOTICE
SameOwner.com
may provide you with notices, including those regarding changes to
the TOS, by e-mail, or postings on the Service.
GENERAL
INFORMATION
Entire Agreement. The TOS constitutes
the entire agreement between you and SameOwner.com and governs your use of the
Service, superseding any prior agreements between you and SameOwner.com with
respect to the Service. You also may be subject to additional terms
and conditions that may apply when you use other SameOwner.com
services.
Waiver and Severability of Terms. The
failure of SameOwner.com to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full
force and effect.
Statute of Limitations. You agree
that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in
the TOS are for convenience only and have no legal or contractual
effect.
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