TERMS OF USE
IMPORTANT! THESE
TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY
OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE
TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME
IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE
IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF
THE CHANGES. PLEASE CONSULT THESE TERMS OF USE
REGULARLY.
Access to This
Site
You
agree to use this site only for the lawful purposes described
in more detail in the "Restrictions on Use" section below. You
agree not to take any action that might compromise the security
of the site, render the site inaccessible to others or
otherwise cause damage to the site or the Content. You agree
not to add to, subtract from, or otherwise modify the Content,
or to attempt to access any Content that is not intended for
you. You agree not to use the Site in any manner that might
interfere with the rights of third parties. To access
this site or some of the resources it has to offer, you may be
asked to provide certain registration details or other
information. It is a condition of your use of this site
that all the information you provide on this site will be
correct, current, and complete. If our
Company
believes the information you provide is not correct,
current, or complete, we have the right to refuse you
access to this site or any of its resources, and to
terminate or suspend your access at any time, without
notice.
Restrictions on
Use
This
site is provided solely for non-commercial, personal use,
and/or so that you may learn about our Company and the
services we provide . You may not use this site for any
other purpose, including any commercial purpose, without our
Company's express
prior written consent. For example, you may not (and may
not authorize any other party to) (i) co-brand this site,
or (ii) frame this site, or (iii) hyper-link to this site,
without the express prior written permission of an authorized
representative of our Company. For
purposes of these Terms of Use, "co-branding" means to display
a name, logo, trademark, or other means of attribution or
identification of any party in such a manner as is reasonably
likely to give a user the impression that such other party has
the right to display, publish, or distribute this site or
Content accessible within this site. You agree to
cooperate with our Company in causing
any unauthorized co-branding, framing or hyper-linking
immediately to cease.
Proprietary
Information
The material and
Content accessible from this site, and any other World Wide Web
site owned, operated, licensed, or controlled by our
Company is the
proprietary information of our Company or the party
that provided the Content to our Company, and our
Company or the party
that provided the Content to our Company retains all
right, title, and interest in the Content. Accordingly,
the Content may not be copied, distributed, republished,
uploaded, posted, or transmitted in any way without the prior
written consent of our Company, or unless
authorized in writing elsewhere on our site, except that you
may print out a copy of the Content solely for your personal
use. You are prohibited from using any of the marks or
logos appearing throughout the site without the express written
permission of our Company.
This site and its
Content are protected by U.S. and/or
foreign copyright laws, and belong to the
Company
or its partners, affiliates, contributors or third
parties. The copyrights for the Content are owned by the
Company or
other copyright owners who have authorized their use on
this site. You may download and reprint Content for
non-commercial, non-public, personal use only (If you are
browsing this site as an employee or member of any
business or organization, you may download and reprint
Content only for educational or other non-commercial
purposes within your business or organization, except as
otherwise permitted by the Company, for
example in certain password-restricted areas of the
site). You may not manipulate or alter in any way images
or other Content on the site.
Hyper-Links
This
site may be hyper-linked to other sites which are not
maintained by, or related to, our Company. The
inclusion of any hyper-link to a third-party site does not
imply endorsement, sponsorship or recommendation by our
Company of that
site. Hyper-links to such sites are provided as a service
to users and are not sponsored by or affiliated with this site
or our Company. Our
Company has not
reviewed any or all of such sites and is not responsible for
the content of those sites. Our Company also makes no
representations about the availability of hyper-linked
sites. Hyper-links are to be accessed at the user's own
risk, and our Company makes no
representations or warranties about the content, completeness
or accuracy of these hyper-links or the sites hyper-linked to
this site. If you hyper-link to a site, please be aware
that you will leave our Company’s web site and will become
subject to the rules and conditions of the linked
site(s). We recommend that you make yourself aware of the
Terms of Use of any sites you link to from our Company’s
site.
Submissions
You
hereby grant to our Company the
royalty-free, perpetual, irrevocable, worldwide, non-exclusive
right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform,
and display all content, remarks, suggestions, ideas, graphics,
or other information communicated to our Company through this
site (together, hereinafter known as the "Submission"), and to
incorporate any Submission in other works in any form, media,
or technology now known or later developed. Our
Company will not be
required to treat any Submission as confidential, and may use
any Submission in its business (including without limitation,
for products or advertising) without incurring any liability
for royalties or any other consideration of any kind, and will
not incur any liability as a result of any similarities that
may appear in future Company
operations. By making a Submission, you are guaranteeing
to us that you have the legal right to post the content in the
Submission and that it will not violate any law or the rights
of any person or entity.
Our
Company will treat
any personal information that you submit through this site in
accordance with its Privacy Policy as set forth on this
site.
Child
Safety
Protecting the
online privacy of children is especially important to us, and
those under the age of 13 are protected by federal law. For
that reason, our Company does not
knowingly permit children under the age of 13 to become
registered members of our sites, or to buy goods and services
on our sites, without verifiable parental consent. Our
Company does not
knowingly collect or solicit personal information about
children under 13, except with their parent's express
consent.
If we
ever include children under the age of 13 as part of our
intended site audience, those specific web pages will, in
accordance with the provisions of the Children's Online Privacy
Protection Act (COPPA), be clearly identified and provide an
explicit privacy notice; and we will provide processes to
obtain parental approval, provide access to information and
allow parents to request removal of their children's personal
information.
Downloading
Material
You
understand that our Company cannot and
does not guarantee or warrant that files available for
downloading from the Internet will be free of viruses, worms,
Trojan horses or other code that may manifest contaminating or
destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and
output, and for maintaining a means external to this site for
the reconstruction of any lost data. Our
Company
does not assume any responsibility or risk for your use
of the Internet.
Disclaimer
THE
COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE
SERVICE OR THE CONTENT. THE COMPANY EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE
CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE
FURNISHED VIA THE SITE. THE COMPANY DOES NOT WARRANT THAT THE
FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN
THE SITE OR THE SERVICE WILL BE CORRECTED. THE COMPANY DOES NOT
WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT
ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE
SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS.
Limitation on
Liability
COMPANY, ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT
BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE,
ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES,
INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT,
OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE
PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE
OUT OF WHICH LIABILITY AROSE.
Indemnity
You
will indemnify and hold Company, its
subsidiaries, affiliates, licensors, content providers, service
providers, employees, agents, officers, directors, and
contractors (hereinafter known as the "Indemnified Parties")
harmless from any breach of these Terms of Use by you,
including any use of Content other than as expressly authorized
in these Terms of Use. You agree that the Indemnified Parties
will have no liability in connection with any such breach or
unauthorized use, and you agree to indemnify any and all
resulting loss, damages, judgments, awards, costs, expenses,
and attorney's fees of the Indemnified Parties in connection
therewith. You will also indemnify and hold the
Indemnified Parties harmless from and against any claims
brought by third parties arising out of your use of the
information accessed from this site.
Information You
Provide
You
may not post, send, submit, publish, or transmit in connection
with this site any material that:
-
you do not have
the right to post, including proprietary material of any
third party;
-
advocates illegal
activity or discusses an intent to commit an illegal
act;
-
is vulgar,
obscene, pornographic, or indecent;
-
does not pertain
directly to this site;
-
threatens or
abuses others, libels, defames, invades privacy, stalks, is
obscene, pornographic, racist, abusive, harassing,
threatening or offensive;
-
seeks to exploit
or harm children by exposing them to inappropriate content,
asking for personally identifiable details or
otherwise;
-
infringes any
intellectual property or other right of any entity or
person, including violating anyone’s copyrights or
trademarks or their rights of publicity;
-
violates any law
or may be considered to violate any law;
-
impersonates or
misrepresents your connection to any other entity or person
or otherwise manipulates headers or identifiers to disguise
the origin of the content;
-
advertises any
commercial endeavor (e.g., offering for sale products or
services) or otherwise engages in any commercial activity
(e.g., conducting raffles or contests, displaying
sponsorship banners, and/or soliciting goods or services)
except as may be specifically authorized on this
site;
-
solicits funds,
advertisers or sponsors;
-
includes programs
which contain viruses, worms and/or Trojan horses or any
other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any
computer software or hardware or
telecommunications;
-
disrupts the
normal flow of dialogue, causes a screen to scroll faster
than other users are able to type, or otherwise act in a
way which affects the ability of other people to engage in
real time activities via this site;
-
includes MP3
format files;
-
amounts to a
'pyramid' or similar scheme;
-
disobeys any
policy or regulations established from time to time
regarding use of this site or any networks connected to
this site; or
-
contains
hyper-links to other sites that contain content that falls
within the descriptions set forth above.
Although under no
obligation to do so, our Company reserves the
right to monitor use of this site to determine compliance with
these Terms of Use, as well as the right to remove or refuse
any information for any reason. Notwithstanding these rights,
you remain solely responsible for the content of your
Submissions. You acknowledge and agree that neither
Company nor any third
party that provides Content to Company will assume
or have any liability for any action or inaction by
Company or such third
party with respect to any Submission.
NOTICE
No
additional notice of any kind for any reason is due Visitor and
Visitor expressly warrants an understanding that the right to
notice is waived as a condition for permission to view or
interact with the website.
Security
Any
passwords used for this site are for individual use only. You
will be responsible for the security of your password (if any).
Company will be
entitled to monitor your password and, at its discretion,
require you to change it. If you use a password that
Company considers
insecure, Company will be
entitled to require the password to be changed and/or terminate
your account.
You
are prohibited from using any services or facilities provided
in connection with this site to compromise security or tamper
with system resources and/or accounts. The use or distribution
of tools designed for compromising security (e.g., password
guessing programs, cracking tools or network probing tools) is
strictly prohibited. If you become involved in any violation of
system security, Company reserves the
right to release your details to system administrators at other
sites in order to assist them in resolving security incidents.
Company reserves the
right to investigate suspected violations of these Terms of
Use.
Company
reserves
the right to fully cooperate with any law enforcement
authorities or court order requesting or directing
Company to disclose
the identity of anyone posting any e-mail messages, or
publishing or otherwise making available any materials that are
believed to violate these Terms of Use.
BY ACCEPTING THIS
AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW
ENFORCEMENT AUTHORITIES.
Claims of Copyright
Infringement
Pursuant to Title
17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service
Provider's Designated Agent.
Miscellaneous
These
Terms of Use will be governed and interpreted pursuant to the
laws of California, United States of America, notwithstanding
any principles of conflicts of law. You specifically consent to
personal jurisdiction in California in connection with any
dispute between you and Company arising out
of these Terms of Use or pertaining to the subject matter
hereof. The parties to these Terms of Use each agree that the
exclusive venue for any dispute between the parties arising out
of these Terms of Use or pertaining to the subject matter of
these Terms of Use will be in the state and/or federal courts
in Santa Clara County, California. If any part of these Terms
of Use is unlawful, void or unenforceable, that part will be
deemed severable and will not affect the validity and
enforceability of any remaining provisions. These Terms of Use
constitute the entire agreement among the parties relating to
this subject matter. Notwithstanding the foregoing, any
additional terms and conditions on this site will govern the
items to which they pertain. Company may revise
these Terms of Use at any time by updating this
posting.
Comments, Questions
or Reporting of Incidents
You
may direct questions, comments or reports to:
By
email:
By
mail:
RemodelingMyLife.com
P. O. Box
731540
San
Jose, CA
95173-1540
© 2008
Salvador
Posada & Associates, Inc.
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