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Please read these Terms and Conditions carefully
before using or obtaining any materials, information, products or
services through dba TheTomaGroup.
The term "MSOTW" hereafter refers to Marketing Services on the Web.
The term "Web Site" hereafter refers to www.UnitedStatesSeniors.comTM.
The term "Sponsor" hereafter refers to the licensee on the Agreement.
The term "Member' hereafter refers to a registered user of the Web Site.
The term "User" hereafter refers to a non-registered Web Site visitor.
By using the Web Site, Sponsors, Members and
Users agree to accept, without limitation or qualification, all
of these Terms and Conditions of use.
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| Restrictions of Use
This Web Site is owned and operated by MSOTW
and contains Content which is derived in whole or in part from Content
supplied by MSOTW and other sources, and is protected by copyright
and trademark laws. We reserve the right at any time to change any
of the terms and conditions contained herein or any information
contained in the Web Site. Any such changes will appear on the individual
pages of the Web Site and/or on this screen. By using the Web Site,
you agree in advance to accept any such changes.
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| Modifications to Service
MSOTW 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. Sponsor
agrees that MSOTW shall not be liable to Sponsor or to any third
party for any modification, suspension or discontinuance of the
Service.
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| Maintenance
During the Maintenance Term, MSOTW shall correct
any Defects in the Sponsor Web Pages within a reasonable time after
such Defect is reported to MSOTW. Within a reasonable time after
receiving a Service Request, MSOTW shall provide limited telephone
support in the form of consultations, assistance and advice concerning
use and updates of the Sponsor Web Pages and correction of the Defect.
Sponsor shall be responsible for maintaining and updating the Sponsor's
Content and Member entries.
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| Domain Names
Domain names purchased by MSOTW remain the property
of MSOTW. All attempts will be made to purchase domain names as
close to the neighborhood name as possible, but MSOTW cannot guarantee
exact matches. If Sponsor requests a name change from the original
order, a Name Change Fee will be billed to the Sponsor's credit
card. MSOTW will not sell the same neighborhood Web Site to another
Sponsor.
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| Intellectual Property
Ownership and Title: Title to proprietary information,
including (without limitation) all ownership rights to patents,
copyrights and trademarks in connection therewith, shall be the
exclusive property of MSOTW. Sponsor shall not (directly or indirectly)
promote, advertise, market or provide any product or service similar
to or competitive with the Web Site or Services.
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Reverse Engineering: Sponsor shall not reverse
engineer the Web Site and shall use reasonable efforts to prevent
reverse engineering of the Web Site.
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Modifications: Sponsor shall not copy or modify
the Web Site or Services. If Web Sites are modified, such modifications
shall be the sole and exclusive property of MSOTW and MSOTW shall
own any and all of the rights, title and interests to such modifications.
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| Templates
Web Sites are in template form and changes are
limited. Sponsor may input, retrieve and modify Content in connection
with Web Site. Sponsor shall not modify any Data or information
except in connection with Site Administration features. Sponsor
may sell advertising in limited areas, and can edit or delete advertising
at Sponsor's discretion.
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| Public Content
The general public can access designated areas
of the Web Site, but are required to register in order to access
'privately' accessible areas. When Members elect to post Content,
they grant MSOTW non-exclusive, royalty-free license to reproduce
modify, adapt and publish such Content solely for the purpose of
displaying, distributing and promoting MSOTW and its Services.
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| Sponsor Obligations
Notification: Sponsor shall promptly inform MSOTW
of all questions, comments, events, occurrences or circumstances
which could lead to a claim, demand or liability against MSOTW,
or of any defects or problems in connection with the Hosting Services,
the MSOTW Service and the Sponsor's Web Site of which Sponsor has
knowledge or suspicion.
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Content Responsibility: Sponsor shall be responsible
for monitoring and managing the Content they upload, post, email
and transmit via the Service and shall delete, modify, edit and
update the Content to ensure that it conforms with this Agreement,
does not violate any applicable laws or regulations, and is not
used for, or in connection with, any unlawful purpose. MSOTW does
not control the Content posted via the Sponsor and as such, does
not guarantee the accuracy, integrity or quality of such Content.
Under no circumstances will MSOTW be liable in any way for any Content,
including, but not limited to, any errors or omissions, or for any
loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Web Site.
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Covenants: MSOTW is not responsible for accuracy
or reliability of covenants provided by Sponsor nor will they be
held liable for any information that causes damage to the User.
MSOTW recommends consultation with an attorney for any such actions.
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Confidentiality: Sponsor shall hold proprietary
information in strict confidence and shall not duplicate, use or
disclose proprietary information except as otherwise permitted under
this Agreement.
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Misuse of information: The Sponsor shall not
share, transfer or sell Member information (when acting on behalf
of MSOTW in accordance with the Privacy Policy) for purposes other
than the Sponsor's exclusive use. MSOTW is not liable for any damages
the Sponsor may incur from misuse of information.
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Advertising Agreements: Participation in promotions
and offerings of advertisers including their delivery, payment,
terms, conditions and warranties are the sole responsibility of
the Sponsor.
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| Sponsor Login, Password and Account Information
Sponsor shall maintain confidentiality of the
Login and Password. Sponsor shall assume all responsibility and
liability for harm and damages (direct, indirect, incidental and
consequential) caused in connection with use of the Login and Password.
Sponsor shall indemnify, release and hold harmless MSOTW from all
liability, harm or damages (direct, indirect, incidental and consequential)
caused in connection with use of the Login and Password.
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| Restrictions
Sponsors who enter into an Agreement with MSOTW
and Members who register for Services must be at least 18 years
of age.
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Lawful Purpose: The Web Site shall be used for
lawful purposes only and shall not be used to conduct, or solicit
the performance of, any business or activity which is tortuous or
prohibited by law.
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| The Sponsor shall not use the Web Site to: |
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Make any false, fraudulent or speculative
statements; to post, transmit or store any unlawful, threatening,
libelous, defamatory, obscene, indecent, inflammatory, pornographic
or profane material or any material that could constitute
or encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law;
or for any other purpose that is unlawful or prohibited by
these Terms and Conditions.
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| b) |
Upload, post, email or otherwise transmit
any Content that Sponsor does not have a right to transmit
under any law or under contractual relationships (such as
inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under nondisclosure Agreements).
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| c) |
Impersonate any person or entity or falsely
state or otherwise misrepresent another person or entity.
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| d) |
Upload, post, email, transmit or store
any Content that infringes on any patent, trademark, trade
secret, copyright or other proprietary rights of any party.
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| e) |
Upload, post, email, transmit or store
chain letters, pyramid schemes or gambling services.
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| f) |
Spam or send numerous or bulk email messages.
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| g) |
Harm minors in any way.
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| h) |
Upload, post, email, transmit or store
any material containing software viruses or other computer
codes or programs created to limit or destroy computer functionality.
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| i) |
Violate any applicable local, state, national
or international law or regulations set by the U.S. Securities
and Exchange commission and any regulations having the force
of law.
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International Use: Sponsor agrees to abide by
all local, applicable laws regarding online conduct and transmission
of Data exported from the United States or the country in which
Sponsor resides.
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Prohibited Activity: MSOTW may, at any time and
without advance notice or liability, terminate or restrict Sponsor
access to all or any component of the Web Site, which may be harmful,
tortuous or unlawful, as determined by MSOTW. MSOTW shall have the
right to monitor Sponsor's Web Site and may in its sole discretion
remove or delete any Content. MSOTW shall have the right to view
and disclose any Content as permitted by law.
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Disclaimer of Warranty
Warranty: MSOTW hereby represents and warrants
that the Services shall be provided on a reasonable efforts basis
and shall conform to the standards generally observed in the industry
for similar Services.
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Inaccuracies: Member hereby acknowledges that
the Data may contain errors, inaccuracies and omissions. Member
shall assume any and all risk of loss, harm or damage associated
with Member access to and use of the MSOTW Technology.
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Use and Storage: Sponsor agrees that MSOTW has
no responsibility or liability for the failure to store or the deletion
of any messages and other communications or other Content maintained
or transmitted by the Web Site. MSOTW reserves the right to log
off accounts that are inactive for an extended period of time.
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Limitation of Liability: MSOTW shall not be liable
to Sponsor for any lost profits or consequential, exemplary, incidental
or punitive damages, in connection with (i) use, performance or
operation of the Web Site, its Content or Services; (ii) use, performance
or operation of the Internet or use of the Internet by Users or
Members; and (iii) loss of Data, regardless of the form of action,
whether in contract or in tort, including negligence, regardless
of whether MSOTW has been advised of the possibility of such damages
in advance or whether such damages are reasonably foreseeable.
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Indemnity: Sponsor agrees to indemnify and hold
MSOTW and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due
to or arising out of use of the Web Site, the Sponsor's connection
to the Web Site, Content submitted, posted or transmitted through
the Web Site.
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Export Assurance: Sponsor shall not disclose,
export, distribute or transfer any Data to any third party individual
or entity or any division, affiliate or subsidiary of Sponsor located
in any country other than the United States. Sponsor shall not perform
any act in conflict with or in violation of the export laws and
regulations of the United States.
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Member Content: Programming, design errors, maintenance
of the Web Site or Services, or unauthorized access to the Web Site
or Services may result in the loss of Member Content. MSOTW shall
not be responsible for any loss of Member Content.
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Links: MSOTW and/or third parties may provide
links to other World Wide Web Sites and resources. Sponsor agrees
and acknowledges that MSOTW shall not be held liable for damages
or misuse of Content, advertising, products or other Services provided
by any such Web Sites.
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Special Warning for Financial, Medical and Other
Services: MSOTW shall not be liable for any direct, indirect, incidental
or coincidental damages including those from loss of profits, goodwill,
use, Data or other intangible losses, resulting from (i) the use
of any Service or Agreement with other companies (ii) the cost of
procurement of goods and Services (iii) statements, professional
advice or conduct of any third party on the Service.
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Privacy Policy
By using MSOTW, the Sponsor, Member and User
are accepting the practices described in the Privacy
Policy. Please see full Privacy Policy
for complete details.
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Violations
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