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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