| CEOExpress Company LLC Terms and Conditions |
| Terms of Use |
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CEOExpress.com, CEOExpressSelectsm and the Express Community of sites are for individual use only. Organizations wishing to use CEOExpress sites as a shared resource must be licensed enterprise customers of CEOExpress Company LLC. Please contact CEOExpress Company LLC for information on becoming an Enterprise Customer. |
| Framing CEOExpress Sites |
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Framing of all or any portion of the content on CEOExpress Company LLC site(s) is expressly prohibited without written consent from CEOExpress Company. Any site found to be framing a CEOExpress Company LLC site without such consent will be subject to legal action by the Company. |
| The Short Version |
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1. GENERAL 1 (a). User Agreement to Terms and Conditions: The on-line resources, content, and all other material, information, products and services offered on or accessible through any page of the CEOExpress web sites (the "CEOExpress Sites"), including without limitation all hyperlinks, communications tools, branded programming, online forums, and personalized content (collectively, the "Products and Services") provided by or through CEOExpress Company LLC (hereinafter "CEOX") are made available to you ("you" or "Subscriber") subject to the following Terms and Conditions. By using the Products and Services, you are agreeing to be bound by, and to comply with, these Terms and Conditions and any other terms and conditions or terms of service posted on any individual CEOX web site. While these Terms and Conditions apply to any and all Products and Services offered through or posted on the CEOExpress Sites, there may be additional Terms and Conditions that also apply to those Products or Services. Any such additional Terms and Conditions can be seen by clicking on the following links relating to each such service: e-mail, news and stock portfolio tracking. Please read all Terms and Conditions carefully. In any case where the additional Terms and Conditions relating to any products or services offered or delivered through the CEOExpress Sites conflict with these Terms and Conditions, those additional Terms and Conditions shall supercede these Terms and Conditions to the extent of the conflict only, but shall not otherwise affect any of the Terms and Conditions or portions thereof which are not in direct conflict with those additional Terms and Conditions. 1 (b). Changes to Terms and Conditions: CEOX Company may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site. Please direct any questions with respect to the Terms and Conditions to: 2. ACCOUNT REGISTRATION, SECURITY AND USE 2 (a). User Name and Password: As part of the registration process, Subscriber will select a User Name and Password. You also have to give us certain registration information, all of which must be accurate and updated. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a User Name in which another person has rights without such person's authorization; or (iii) use a User Name that CEOX, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You agree to take reasonable measures to protect the security of your Password. 2 (b). Unauthorized Use: You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your User Name and Password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at CEOX's sole discretion, and CEOX may refer you to appropriate law enforcement agencies. You shall notify CEOX of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. 3. SUBSCRIPTION FEES AND PAYMENTS 3 (a). Payments: Subscriber shall pay all fees and charges incurred through Subscriber's account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account. 3 (b). Valid Credit Card: Subscriber agrees to use a valid, authorized credit card issued to Subscriber (or Subscriber's paying organization) for all fees, taxes and other charges associated with Subscriber's account, and to provide CEOX updated credit card information as required. 3 (c). Non-Payment: CEOX reserves the right to cancel Subscriber's account if it cannot receive payment or if payment information is fraudulent. 3 (d). Cancellations: Monthly Subscribers may cancel their subscription at any time through the "My Account" link on your CEOExpressSelectsm page. Cancellation of Monthly subscriptions will take effect at the end of your current monthly term and your subscription will not automatically renew. There are no money refunds for monthly subscriptions. Annual Subscribers may cancel their subscription and request a money refund for their "CEOExpressSelectsm" annual subscription from CEOExpress within the first thirty (30) days (the "Cancellation Date") after the date of subscription to CEOExpressSelectsm. No requests for refunds of annual subscriptions will be accepted after the Cancellation Date. Cancellation and refund requests for annual subscriptions can be made through the "My Account" link on your CEOExpressSelectsm page. We do continue to store your information, and do not delete your account customization after your cancel your account. This allows members to come back later and access their existing account. If you wish to have all of your information and customization removed from our database at any time, just contact us at webmaster@ceoexpressmail.com. 4. CHANGES IN PRODUCTS, SERVICES, TERMS AND CONDITIONS AND SUBSCRIPTION FEES 4 (a). Changes in Service: CEOX may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. CEOX may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. 4 (b). Changes to Terms and Conditions: CEOX reserves the right to modify these Terms and Conditions from time to time, without notice. You should review these Terms and Conditions from time to time so you will be apprised of any changes. 4 (c). Price Changes: CEOX reserves the right to change Subscription Fees upon reasonable notice; however, CEOX will not change a Subscription Fee during the term of a paid subscription. 4 (d). Notice: CEOX will post notice of changes on the Site. CEOX also reserves the right to notify its users of such changes at the email address we have on file. 5. ACCESS, AVAILABILITY AND USAGE OF CONTENT, SERVICES AND LINKS 5 (a). Third-Party Content: CEOXs does not control the content posted on web sites to which it provides links and as such does not guarantee the accuracy, integrity or quality of such content. CEOX encourages you to exercise discretion while using the Products and Services to browse the Internet. CEOX may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. CEOX makes no representations concerning any effort to review the content of any of the sites listed in automated search results, guides or other directories, or of any of the sites otherwise linked to the CEOExpress Sites. CEOX shall not be held responsible for the accuracy, infringement or misappropriation of any intellectual property rights, legality, or decency of material contained in any external sites or otherwise linked to the CEOExpress Sites or provided to the CEOExpress Sites by third parties. You acknowledge and agree that CEOX 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, services or other materials on or available from such sites or resources. You further acknowledge and agree that CEOX 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, products or services available on or through any such site or resource. 5 (b). Investment Information: CEOX makes available certain investment related information from third party information providers (the "Information Providers"). Neither CEOX, nor any of its affiliates or its Information Providers, nor any of their respective officers, employees, directors, or agents: (1) passes on the merit of any of the investments, information or companies listed in this service or (2) endorses or sponsors any of the investments or companies listed in this service. IF YOU INTEND TO USE ANY INVESTMENT-RELATED INFORMATION ACCESSED THROUGH THIS SERVICE, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH BELOW IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. CEOX makes this information available subject to all of its Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth below. THIS DISCLAIMER OF WARRANTIES AND THIS LIMITATION OF LIABILITY SHALL APPLY TO BOTH CEOX AND THE INFORMATION PROVIDERS. 5 (c).Professional Information: CEOX makes available certain information provided by third parties related to various professional fields such as medicine, law, and accounting. CEOX does not give advice in any such fields and in no way endorses any of the information provided in this manner. IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH BELOW IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. All information made available through the CEOExpress Site is made available subject to CEOX's Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth below. CEOX STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD. 5 (d). Parental Controls: Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections (such as computer hardware, software, or filtering services) are commercially available. Subscriber is solely responsible for use of Parental Controls and agrees to hold CEOX harmless for any usage of the site by minors using the Subscriber's account. 5 (e). Personal Use: The contents of the service are intended for personal, noncommercial use. Subscriber shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service. 5 (f).Copyright: The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part. You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from CEOExpress Company LLC or the copyright holder identified in the copyright notice contained in the Content. 6. FORUMS, BULLETIN BOARDS, E-MAIL AND DISCUSSIONS 6 (a). Illegal Materials: Subscriber shall not upload to, or distribute or otherwise publish on the site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. 6 (b). Misuse: Subscriber will not threaten or verbally abuse other subscribers, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam." 6 (c). Offensive Language: Subscriber shall not use language that discriminates or offends on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the CEOExpress Web Sites. Personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the CEOExpress Web Sites. 6 (d). Non-Commercial Use Only: Forums shall be used only in a noncommercial manner. Subscriber shall not distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. 6 (e). Right to Edit and Remove: Subscriber is solely responsible for the content of Subscriber's messages. However, while CEOX does not and cannot review every message posted on the Forums and is not responsible for the content of these messages, CEOX reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. 7. REPRESENTATIONS AND WARRANTIES 7 (a). Subscriber Representations: Subscriber represents, warrants and covenants (a) that no materials of any kind submitted through account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless CEOX and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. 7 (b). Subscriber's Own Risk: CEOX does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the CEOExpress Web Sites by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. 8. PRIVACY Click here to review CEOX's privacy policy. 9. DISCLAIMER OF WARRANTIES CEOX disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of the Products and Services and any information or material contained therein. CEOX disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. CEOX disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Products and Services. THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CEOX DISCLAIMS ANY WARRANTIES RELATING TO THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, CEOX DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. CEOX SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 10. LIMITATION OF LIABILITY 10 (a). Use and Content: UNDER NO CIRCUMSTANCES SHALL CEOX BE LIABLE TO ANY USER OF THE CEOEXPRESS SITES (A "USER") ON ACCOUNT OF SUCH USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF CEOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. THE LIMITATION OF LIABILITY CONTAINED IN THIS PARAGRAPH SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE CEOEXPRESS SITES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. 10 (b). Service Issues: Under no circumstances shall CEOX be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its sole control, including, without limitation, Internet failures or performance levels, viruses, hackers, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. 10 (c). Third-Party Content: Any sites displayed as search results, otherwise linked to the CEOExpress Sites, or operated or provided to the CEOExpress Sites by third parties are developed by people over whom CEOX exercises no control. CEOX cannot and does not screen sites before including them on the CEOExpress Sites or in the catalogs from which automated search results are gathered. Accordingly, CEOX assumes no responsibility for the content of any site included in any search results or otherwise linked to a CEOExpress Site. 11. NO LICENSE Except as otherwise expressly provided, nothing herein shall be construed as conferring any license under any of CEOX's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. 12. COPYRIGHT, TRADEMARK AND PATENT NOTICES CEOEXPRESS® is a registered trademark of CEOX. All other marks that appear throughout the Products and Services belong to CEOX or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of CEOX or the owner of the mark, as appropriate, is strictly prohibited. The copyrights to the content, format, arrangement, design and look and feel of this service are owned by CEOX and/or the Information Providers. Except for a single temporary copy in a single computer's memory or another fair use under applicable copyright laws, the information contained herein may not otherwise be used (not copied, performed, displayed, distributed, rented, sublicensed, altered, stored for subsequent use, etc., in whole or in part, in any manner) without CEOX's and the Information Providers' express prior written consent. 13. GOVERNING LAW AND FORUM FOR DISPUTES All legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of Massachusetts applicable to contracts entered into and wholly to be performed within said state. The state and federal courts of Massachusetts shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Massachusetts with respect to all such disputes. Investing in securities carries certain risks, and neither CEOX nor the Information Providers shall be responsible for any investment losses incurred in reliance on information provided on the CEOExpress Sites. ADVICE FROM YOUR OWN FINANCIAL ADVISOR IS STRONGLY RECOMMENDED. 14. INDEMNITY AND RELEASE By using the CEOExpress Sites you agree to indemnify CEOX and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including without limitation attorneys' fees, arising from or based upon your use of a CEOExpress Site. By using the CEOXs Site you hereby agree to release CEOX and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against any of them arising out of or in any way related to such disputes and/or to the Products and Services. You hereby agree to waive all laws that may limit the efficacy of such releases. 15. MERGER These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between CEOX's representatives and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual CEOExpress Site web page are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web page and any Products or Services available on or through the web page at which those other provisions may be found. 16. MARKETPLACE NOTICE AND DISCLAIMER DISCLAIMER TO USERS: CEOX has created the CEOExpress Marketplace for the convenience of our users. The sites linked from the CEOExpress Marketplace are owned and operated by independent retailers, and therefore, we make no representations or warranties with respect to their Products or Services. By accessing the CEOExpress Marketplace you acknowledge and agree to the following terms and conditions: The merchandise, products or services (collectively, the "Merchandise") offered to you through links in the CEOExpress Marketplace are provided by third parties who are not affiliated with, or sponsored or endorsed, by CEOX. CEOX does not endorse any of the Merchandise, nor has CEOX taken any steps to confirm the accuracy or reliability of any of the information contained in such third parties' submissions to the CEOExpress Marketplace or such third parties' web sites. CEOX cannot, and does not, make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. YOU ARE STRONGLY ENCOURAGED TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE THIRD PARTIES. BEFORE USING THE CEOEXPRESS MARKETPLACE, PLEASE CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. All aspects of the CEOExpress Marketplace, including the purchase of any Products or Services, are subject to CEOX's Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability. If you have any questions, please contact CEOX immediately. Instructions on how to do so can be found by clicking on the "About the Company" text link on the bottom of our home page (https://www.ceoexpress.com). 17. VIOLATIONS OF TERMS AND CONDITIONS Should you violate these Terms and Conditions or any other rights of CEOX, CEOX reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the web pages of the CEOExpress Sites. If CEOX should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. If you are aware of any violations of these Terms and Conditions, please report them to: 18. CEOX Social If you use the CEOX Social service of CEOExpress Company: You are subject to the terms and conditions of CEOExpress Company, and the service shall be used solely for your personal purposes. CEOExpress shall use commercially reasonable efforts to make the make the CEOX Social services available to you. CEOExpress has no control over 3rd party services and will have no responsibility for the inability to reach those services. Third-Party Services. You acknowledge that the Services may enable or assist you to access third party services, such as Facebook, Twitter and LinkedIn. When you access the Third-Party Services, you will do so at your own risk. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services (and you shall comply with all such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not CEOExpress Company. CEOExpress makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Services or any transactions completed and any contract entered into by you with any such third party. CEOExpress may suspend your access to the Services for abusive practices that degrade the performance of the Services for you and/or other customers of CEOX Social. 19. Everyone.net TERMS AND CONDITIONS End-User Service Agreement EVERYONE.NET'S SERVICES ARE USED IN PROVIDING THESE SERVICES TO YOU ON THIS SITE ("SERVICES") AND INCLUDE PROPRIETARY MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME UPON NOTICE FROM EVERYONE.NET, WHICH NOTICE MAY BE PROVIDED TO YOU ON THE PAGES THROUGH WHICH YOU ACCESS OR USE THE SERVICES. PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT AND EXHIBIT A HERETO. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST NOT USE THE SERVICES! This End-User Services Agreement ("Agreement") is an agreement between you, an individual or an individual acting on behalf of your employer, a corporation, partnership, or other legal entity that will be using Everyone.net's services ("User"), Everyone.net Incorporated, a California corporation located at 2635 N. First St., Suite 128, San Jose, CA 95134-2041 ("Company"), and the owner of the Web site through which you have requested Everyone.net's services ("Client"). Everyone.net's services, as described below in Section 2 and Exhibit A hereto (the "Services"), include proprietary materials, the use of which is subject to the terms and conditions of this Agreement. 1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT The Services, provided by Company on behalf of Client, are provided to User under the terms and conditions of this Agreement and Exhibit A hereto, any amendments to this Agreement and/or Exhibit A, and any operating rules or policies that may be published from time to time by Company and Client, all of which are hereby incorporated by reference. This Agreement comprises the entire agreement between User and Company and supersedes any prior agreements pertaining to the subject matter contained herein. 2. DESCRIPTION OF SERVICES Company, on behalf of Client, is providing User with any or all of the following services: (a) email; (b) meta-search; (c) community services; and (d) any other services which Company may elect to provide on behalf of Client in the future. These Services are provided to User at the discretion of Client, and Company has no obligation to provide the Services directly to User. Company does not charge User for the Services (though Company may do so at any time in the future), but may charge for enhancements User may elect to obtain (e.g., Mail Plus Total Protection). Company and Client also reserve the right to modify or discontinue, temporarily or permanently, the Services with or without notice to User. User agrees that Company, Client, and their third party service providers shall not be liable to User or any third party for any modification or discontinuance of the Services. 3. USER'S REGISTRATION OBLIGATIONS User must be at least thirteen (13) years old to register for the Services. In consideration of use of the Services, User agrees to: (a) provide true, accurate, current, and complete information about User as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by User ("Registration Data") is untrue, inaccurate, not current, or incomplete, Company and Client have the right to terminate User's account and refuse any and all current and/or future use of the Services. 4. USE OF REGISTRATION DATA User acknowledges that Registration Data is to be shared between Company and Client. Company and Client agree not to contact User if User informs Company of User's preference not to be contacted. Company shall inform Client if User states a preference not to be contacted. However, Company shall not be responsible or liable if Client contacts User, permits a third party to contact User, or provides or discloses User's Registration Data to any third party. User agrees that Company, Client, or a designee of Company or Client may disclose Registration Data to third parties about User and information about User's use of the Services, provided that such disclosures do not include User's name, mailing address, email address, telephone or facsimile number, or account number, unless: (a) User has joined the "Everyone.Benefits!" program, has co-registered to receive any third party products or services, or has otherwise authorized Company and/or Client to disclose such information; (b) such disclosure is required by law or legal process; or (c) User violates any of the terms set forth in Section 7 below. This Agreement includes the terms and conditions of Company's Privacy Policy, a copy of which is located at http://www.everyone.net/email-company/p_policy.html, and which is hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence. 5. USER CONTENT Company and Client consider email transmitted via the Services to be the private correspondence of the sender. Neither Company nor Client will monitor, edit, or disclose the contents of a User's private communications, except that User agrees that Company, Client, and their third party service providers may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce this Agreement; (d) to respond to claims that such contents violate the rights of third parties; or (e) to protect the rights or property of Company, Client, its third party service providers, or others. User acknowledges that content posted to public community areas is publicly available and that Company does not take any responsibility for such content. However, Company reserves the right to remove any public content posted by a User that violates any law or condition of this Agreement, upon notice of such violation. User understands and agrees that technical (and sometimes manual) processing of email communications, search requests, community postings, and any other information supplied by User is and may be required: (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Services; or (d) to conform to other, similar technical requirements. User acknowledges and agrees that Company, Client and their third party service providers do not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another. 6. USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY User will be asked to choose the first part of its user name, which will be followed by the "@" symbol and Client's domain name (Example: YourNameHere@Example.com). User agrees to choose a user name which is unique, not obscene, unlawful, or otherwise objectionable, in Company's sole discretion. Company shall own User's complete user name. User will receive a designated password and account upon completing the registration process for the Services. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User's account. User agrees to immediately notify Company of any unauthorized use of User's password or account or of any other breach of security. 7. USER CONDUCT User agrees to abide by all applicable local, state, national, and international laws and regulations during use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other users. User agrees to be solely responsible for the contents of User's private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Services. User agrees: (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the Services; (c) to comply with all requirements, procedures, policies, and regulations of networks connected to the Services; (d) not to resell the Services or use of or access to the Services; and (e) to comply with all applicable laws regarding the transmission of technical data exported from the United States. User agrees not to upload, post, email, or otherwise transmit through the Services: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. User acknowledges and agrees that Company may ban User from future use of the Services if User does not comply with Company's standards of conduct, even if User attempts to use the Services through another Client or under a different name. Furthermore, User acknowledges and agrees that Company may recover damages from User if User violates these terms. 8. INDEMNITY User agrees to indemnify and hold Company, Client, and their third party service providers, and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Services, User's connection to the Services, User's violation of this Agreement, or User's violation of any rights of another party. 9. STORAGE OF COMMUNICATIONS Company, Client, and their third party service providers assume no responsibility for the deletion or failure to store email messages, communications, or other content maintained or transmitted through the Services. Company may establish in its sole discretion an upper limit on the extent of message storage it will maintain for User. 10. TERMINATION (a) User agrees that Company, Client, or their third party service providers may terminate User's password, account, or use of the Services if Company, Client, or their third party service providers believe: (i) that User has violated or acted inconsistently with the letter or spirit of this Agreement; or (ii) that User has violated the rights of Company, Client, or their third party service providers or other Users or parties. User further agrees that Company, Client, and their third party service providers may terminate User's password, account, or use of the Services if User a.) fails to use the Services at least one time within seven (7) days after initial registration (the "Initial Period"); or b.) fails to use the Services at least one time during any consecutive 30-day period following the Initial Period. (b) User agrees Company and Client may immediately delete User's account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Services under any provision of this Agreement. User also acknowledges and agrees that termination of any of the Services may be effected without prior notice. 11. LINKS The Services may provide, or users may include in email or community postings, links to other Web sites or resources. However, User agrees not to include in email or community postings (or elsewhere via the Services) any "deep link" which leads to a web page, other than the home page, of another party's web site unless such a link is authorized by the owner of that web site. User acknowledges and agrees that Company, Client, and their third party service providers are not responsible for the availability of such external sites or resources, or for User's use of deep links, and that Company, Client, and their third party service providers do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. 12. COMPANY'S PROPRIETARY RIGHTS User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Services or third party advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Company, Client, or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without such express authorization. 13. DISCLAIMER OF WARRANTIES (a) USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. (b) COMPANY, CLIENT, AND THEIR THIRD PARTY SERVICE PROVIDERS 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. (c) COMPANY, CLIENT, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY, CLIENT, OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. (d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS OBTAINED AT USER'S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. (e) COMPANY, CLIENT AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. (f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COMPANY, CLIENT, OR THEIR THIRD PARTY SERVICE PROVIDERS, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. (g) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS. 14. LIMITATION OF LIABILITY (a) USER AGREES THAT COMPANY, CLIENT AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF COMPANY, CLIENT, OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) USER FURTHER AGREES THAT COMPANY, CLIENT, AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. (c) User acknowledges that Pursuant to Section 512 of the Digital Millennium Copyright Act, Company has a policy providing for termination of Services to account holders who are repeat offenders. However, USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT. (d) IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50. (e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS. (f) If you have chosen the virus scanner, please be advised that this virus scanner may not be able to detect or repair all viruses and variants, as new viruses and variants frequently appear. Please be aware that there is a risk involved whenever downloading email attachments to your computer or sending email attachments to others and that, as provided in the Terms of Service, neither Everyone.net nor its licensors are responsible for any damages caused by your decision to do so. (g) If you have chosen to use our SpamShield, please be advised that this product and product of its type are not 100% effective and from time to time our product may misclassify spam as legitimate mail and legitimate mail as "spam". Users are advised to periodically check their "spam" folder for email that may have been mislabeled, as provided in the Terms of Service neither Everyone.net nor its licensors are responsible for any damages caused by your decision to use SpamShield. (h) Everyone.net may place limits on mail a user can send in a given period of time in order to protect the health of the company's network. Business Mail and Outsource Mail customers may contact their representatives for exemptions to this clause. 15. AMENDMENT Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting or other method of notification to User, which notice may be provided on the Web pages through which User accesses or uses the Services. User's continued access or use of the Services shall be deemed to be User's conclusive acceptance of the modified Agreement. 16. GENERAL Company's and Client's third party service providers are intended beneficiaries of this Agreement. Company shall not be liable to User for any breach by Client of this Agreement or the Privacy Policy. This Agreement and the relationship between User and Company and Client shall be governed by the laws of the State of California without regard to its conflict of law provisions. User, Company, and Client agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California. The failure of Company, Client, and their third party service providers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 rule that the other provisions of this Agreement remain in full force and effect. User agrees 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 Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. |
