Dot Com Direct Web Site
Agreement
The SlimOmatic.com Web Site (the "Site") is an online
information service provided by Dot Com Direct ("SlimOmatic.com
"), subject to your absolute compliance with the terms and
conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY
BEFORE ACCESSING OR USING THE SITE, FAILURE TO DO SO IS NOT AN
EXCUSE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO
BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR
USE THE SITE.
SlimOmatic.com Dot Com Direct MAY MODIFY THIS AGREEMENT AT
ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR ABSOLUTE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The owner of the
copyrights and trademarks is Dot Com Direct, its affiliates or
other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN
ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You can print and download portions of
material from the different areas of the Site solely for your
own non-commercial use as long as you agree not to change or
delete any copyright or proprietary notices on or in the
materials. You agree to grant to SlimOmatic.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
create derivative works of, sub-license, reproduce, distribute,
transmit or publicly display and publicly perform any materials
and other information (including, without limitation, ideas
contained therein for new or improved products and services if
you post them) you submit to any public areas of the Site (such
as bulletin boards, forums and newsgroups) or by e-mail to
SlimOmatic.com by all means and in any media now known or
hereafter developed. You also grant to SlimOmatic.com the right
to use your name in connection with the submitted materials and
other information as well as in connection with all advertising,
marketing and promotional material related thereto, yes you may
become a "poster child". You agree that you shall have no
recourse against SlimOmatic.com for any alleged or actual
infringement or misappropriation of any proprietary right in
your communications to SlimOmatic.com and that you will pay all
attorney and/or other fees for both parties in arbitrating your
dispute, if any.
TRADEMARKS.
Publications, products, content or services referenced herein
or on the Site are the exclusive trademarks or servicemarks of
Dot Com Direct. Other product and company names mentioned in the
Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by Dot Com
Direct. Dot Com Direct does not operate, control or endorse any
information, products or services on the Internet in any way.
Except for SlimOmatic.com - identified information, products or
services, all information, products and services offered through
the Site or on the Internet generally are offered by third
parties, that are not affiliated with Dot Com Direct. You also
understand that Dot Com Direct cannot and does not guarantee or
warrant that files available for downloading through the Site
will be free of infection or viruses, worms, Trojan horses or
other malicious code. You are responsible for implementing your
own sufficient procedures and checkpoints to satisfy your
particular desires for accuracy of data input and output, viral
or spyware scanning, and for maintaining a means external to the
Site for the reconstruction of any lost data (in other words a
back up of your computer data).
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. Dot Com Direct PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND Dot Com Direct SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. Dot Com Direct DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE SERVICE WILL BE CORRECTED NOW OR EVER.
YOU UNDERSTAND THAT THE POSSIBILITY EXISTS WHILE SURFING THE
INTERNET YOU MAY ENCOUNTER UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU PERSONALLY. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK AND YOU AGREE THAT YOU
ACCESSED IT OF YOUR OWN FREE WILL. Dot Com Direct HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF
LIABILITY.
Dot Com Direct WILL NOT BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
Dot Com Direct OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Dot
Com Direct LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
Dot Com Direct makes no representations whatsoever about any
other web site which you may access through this one or which
may link or be linked to this Site. When you access a non-Dot
Com Direct web site, please understand that it is independent
from SlimOmatic.com and Dot Com Direct, and that Dot Com Direct
has no control over the content on that web site. In addition, a
link to a SlimOmatic.com web site does not mean that Dot Com
Direct endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Dot Com
Direct, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the
Service from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Dot Com Direct and its
officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each
of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own
behalf.
5.Term; Termination.
This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of paragraphs
1 (Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of New York, USA applicable to
agreements made and to be performed in New York, USA. You agree
that any legal action or proceeding between Dot Com Direct and
you for any purposes concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in New York,
USA . Any cause of action or claim you may have with respect to
the Service must be commenced within three (3) months after the
claim or cause of action arises or such claim or cause of action
is by your own admission void. Dot Com Direct's failure to
insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of
this Agreement. Dot Com Direct may assign its rights and duties
under this Agreement to any party at any time without notice to
you and you agree that you are in agreement that that is
acceptable to you.
Any rights not expressly granted herein are reserved.
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