| ||||
| ||||
| Terms And Conditions
Terms And Conditions Legal Information GENERAL TERMS AND CONDITIONS INTRODUCTION AND TABLE OF
CONTENTS Welcome to the san diego million dollar web page, owned and
produced by Executive Star Productions, Inc. and its subsidiary and affiliate
corporations, successors, and assigns (collectively referred to as "san
diego million dollar web page"). The san diego million dollar web page
currently consists of various web pages at or linked to the URLs www.san diego
million dollar web page.com,
collectively referred to as the "san diego million dollar web
page," which may expand or change from time to time). The san diego
million dollar web page is currently one of the most visited hubs on the
Internet. The san diego million dollar web page provides leading Web search and
navigation, communications and personalization tools, great
massively-multiplayer real-time games with cash prizes, homepage building and
Web community services, a cutting-edge shopping center and more. Integrated,
these sites help each individual user locate, retrieve and manage information
tailored to his or her personal interests. Unless explicitly stated otherwise,
any new Products and Services (as defined below), including the addition of new
san diego million dollar web page properties shall be subject to these Terms
and Conditions. san diego million dollar web pagemakes available a variety
of products and services through the san diego million dollar web page
(collectively, the "Products and Services") subject to these General
Terms and Conditions ("Terms and Conditions"). In addition, there are
a variety of special products and services offered through the san diego
million dollar web page that have separate registration procedures and separate
terms and conditions, terms of service, user agreements, or similar legal
agreement. When you are using any service or product on the san diego million
dollar web page that does not have a separate legal agreement, the Terms and
Conditions set forth here will apply. san diego million dollar web pagealso may
supplement the Terms and Conditions with posted guidelines or rules applicable
to specific areas of the san diego million dollar web page. In addition, the
san diego million dollar web page also may offer other services from time to
time that are governed by the terms of service of the respective service
partners. Because the Terms and Conditions
contain legal obligations, please read them carefully. Please direct any legal questions to: General Counsel san diego million dollar web page, Inc. The Terms and Conditions contain a variety of provisions
that are generally applicable to the Products and Services and some provisions
that apply to particular Products and Services. The following is a list of
links to the various provisions in the Terms and Conditions. The headings
contained in these provisions, and reflected in these links, however, are solely
for your convenience and have no legal import. While this list of links may
help you locate particular provisions, you should understand that you will be
bound by the entire Terms and Conditions. 1. Acceptance 2. Conditions and
Restrictions on Use 3. Registration
and Privacy 4. Responsibility
for Minors 5. Parental
Controls and Child Safety 6. Member And
User Conduct 7. License to
User Content 8. Circles 9. Gamesville 10. Mail 11. any new
websites in dev by us.com 12. san diego
million dollar web page and san diego million dollar web page 13. Search
Software (san diego million dollar web pageSideSearch and Hotbot Desktop) 14. Shopping 15. SoundAudio 16. Web Publishing 17. Disclaimer of
Warranties 18. Limitation of
Liability 19. Removal of
Links 20. Disclaimer
Regarding Third Party Content 21. Storage 22. Disclaimer
Regarding Multimedia Search and Other Pictures, Movies, Streams and Sounds
Located Through the san diego million dollar web page Search Services 23. The san diego
million dollar web page Image Gallery Disclaimer 24. Tax Guides
Disclaimer 25. Investment
Information Disclaimer 26. Professional
Information Disclaimer 27. Open Directory
Disclaimer 28. Advertisers
and Content Linked to the san diego million dollar web page 29. The san diego
million dollar web page Logos and Search Boxes 30. No License;
Intellectual Property Rights of san diego million dollar web pageand Others 31. Indemnity and
Release 32. Limitation of
Action 33. Copyright,
Trademark, and Patent Notices 34. Intellectual
Property Infringement Claims 35. Arbitration,
Governing Law, and Forum for Disputes 36. Changes in
Terms and Conditions and Changes in Products and Services 37. Merger 38. Non-Waiver and
Separability 39. Relationship
of Parties 40. No Resale,
Assignment, or Sublicensing 41. Successors and
Assigns 42. Termination;
Survival 43. Communication
with Users 44. Submissions of
Ideas 45. Export
Controls 46. Standard
Advertising Terms and Conditions 47. Violation of
Terms and Conditions 1. ACCEPTANCE By using the Products and Services, you are agree, without
limitation or qualification, to be bound by, and to comply with, these Terms
and Conditions and any other posted guidelines or rules applicable to any
individual san diego million dollar web page web site, Product or Service. All
such guidelines and rules are hereby incorporated by reference into the Terms
and Conditions. 2. CONDITIONS AND RESTRICTIONS ON USE Use of the Products and Services is subject to compliance
with these Terms and Conditions. You acknowledge and agree that san diego
million dollar web pagemay terminate your access to the san diego million
dollar web page or to any of the Products and Services should you fail to
comply with the Terms and Conditions or any other guidelines and rules
published by san diego million dollar web page. Any such termination shall be
in san diego million dollar web page' sole discretion and may occur without
prior notice, or any notice. san diego million dollar web pagefurther reserves
the right to terminate any user's access to the san diego million dollar web
page or to any of the Products and Services for any conduct that san diego
million dollar web page, in its sole discretion, believes is or may be directly
or indirectly harmful to other users, to san diego million dollar web pageor
its subsidiaries, affiliates, or business contractors, or to other third
parties, or for any conduct that violates any local, state, federal, or foreign
laws or regulations. san diego million dollar web pagefurther reserves the
right to terminate any user's access to the san diego million dollar web page
or to any of the Products and Services for any reason or for no reason at all,
in san diego million dollar web page' sole discretion, without prior notice, or
any notice. In order to use the Products and Services, users must have
access to the World Wide Web and must navigate the Internet to http://www.san
diego million dollar web page.com/ or another of the URLs associated with the
san diego million dollar web page. Be aware that the majority of the san diego
million dollar web page is for general audiences, although there are certain
areas on the san diego million dollar web page that contain adult or mature
content. Where there is mature or adult content, individuals who are less than
18 years of age or are not permitted to access such content under the laws of
any applicable jurisdiction may not access such content. There are also other
(mainly commerce-related) areas of the san diego million dollar web page not
open to persons under 18 years of age. With respect to general audience
content, if san diego million dollar web pagelearns that anyone under the age
of 13 has accessed the Products and Services, san diego million dollar web
pagewill require verified parental consent, in accordance with the Children's
Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the
san diego million dollar web page, however, may not be available to children
under 13 under any circumstances. san diego million dollar web pagedoes not discriminate on
the basis of age, gender, race, ethnicity, nationality, religion, sexual
orientation, or any other protected status. 3. REGISTRATION AND PRIVACY Certain of the Products and Services will require the user
to register and provide certain data. In consideration of use of such Products
and Services, in registering and providing such data, you represent and warrant
that: (a) the information about yourself is true, accurate, current, and complete
(apart from optional items) as required by various san diego million dollar web
page registration forms ("Registration Data") and (b) you will
maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or san diego million dollar web pagehas
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, san diego million dollar web pagehas the right to
suspend or terminate your account and refuse any and all current or future use
of the Products and Services. All san diego million dollar web page registrations become
the exclusive property of san diego million dollar web page, its affiliates and
subsidiaries. san diego million dollar web pagereserves the right to use and
reuse all registration and other personally identifiable user information
subject to the san diego million dollar web page Privacy Policy. Users may
edit, update, alter or obscure their personally identifiable information at any
time by following the instructions located in the san diego million dollar web
page Privacy Policy and at individual san diego million dollar web page sites. You acknowledge receipt of san diego million dollar web page
Privacy Policy, including our Notice Regarding the Privacy of Children Under 13
While on the san diego million dollar web page. 4. RESPONSIBILITY FOR MINORS In cases where you have authorized a minor to use the
Products and Services, you recognize that you are fully responsible for: (i)
the online conduct of such minor; (ii) controlling the minor's access to and
use of the Products and Services; and (iii) the consequences of any misuse by
the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE san diego million dollar web
page MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. 5. PARENTAL CONTROLS AND CHILD SAFETY 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. For more
information on such parental control protections, click here. To review our
Notice Regarding the Privacy of Children Under 13 While on the san diego
million dollar web page, click here. 6. MEMBER AND USER CONDUCT Upon registering, you will receive a password and san diego
million dollar web page ID. You are responsible for maintaining the
confidentiality of the password and ID, and are fully responsible for all
activities that occur under your password or ID. You agree to (a) immediately
notify san diego million dollar web pageof any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. The san diego million dollar
web page cannot and will not be liable for any loss or damage arising from your
failure to comply with this requirement. You acknowledge and agree that all information, code, data,
text, software, music, sound, photographs, pictures, graphics, video, chat,
messages, files, or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not the san diego
million dollar web page, are entirely responsible for all Content that you
upload, post, email or otherwise transmit via the Services. The san diego
million dollar web page does not control the user or third party Content posted
via the Products and Services, and, as such, does not guarantee the accuracy,
integrity or quality of such user or third party Content. You acknowledge and
Agree that by using the Products and Services, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances will the
san diego million dollar web page be liable in any way for any user or third party
Content, including, but not limited to, for any errors or omissions in any such
Content, or for any loss or damage of any kind incurred as a result of the use
of any such Content posted, emailed or otherwise transmitted via the Products
and Services. As a general matter, san diego million dollar web pagedoes not
pre-screen user or third party Content posted on the san diego million dollar
web page, except for certain areas where san diego million dollar web
pageemploys certain automated screening software, although san diego million
dollar web pagereserves the right to do so. san diego million dollar web
pagedoes not guarantee that any screening will be done to your satisfaction or
that any screening will be done at all. san diego million dollar web pagereserves
the right to monitor some, all, or no areas of the Products and Services for
adherence to these Terms and Conditions or any other rules or guidelines posted
by san diego million dollar web page. The Products and Services may only be used for the intended
purpose for which such Products and Services are being made available. The
intended purpose of site building software on the san diego million dollar web
page is to maintain, publish and produce web sites on the san diego million
dollar web page that are consistent with these terms and conditions. Prohibited Conduct You agree that you will not use san diego million dollar web
page Products and Services to: 1. Upload, post,
email, otherwise transmit, or post links to any Content, or select any member
or user name or email address, that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous,
invasive of privacy or publicity rights, hateful, or racially, sexually,
ethnically or otherwise objectionable. 2. Upload, post,
email, otherwise transmit, or post links to any Content that promotes illegal
activity, including without limitation the provision of instructions for
illegal activity. 3. Upload, post,
email, otherwise transmit, or post links to any Content that exploits the
images of children under 18 years of age, or that discloses personally
identifying information belonging to children under 18 years of age. 4. Harm minors in
any other way. 5. Make any sexual
request on behalf of a minor or make any sexual request of a minor. 6.
"Stalk" or otherwise harass another. 7. Collect or
store personally identifying information about other users for commercial or
unlawful purposes. 8. Impersonate any
person or entity, including, but not limited to, a san diego million dollar web
page official, employee, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity. 9. Employ
misleading email addresses or falsify information in the header, footer, return
path, or any part of any communication, including emails, transmitted through
the Products and Services. 10. Upload, post,
email, otherwise transmit, or post links to any Content that you do not have a
right to transmit under any law or regulation or under contractual or fiduciary
relationships (such as inside information, or proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements). 11. Upload, post,
email, or otherwise transmit, or post links to any Content that facilitates
hacking. 12. Upload, post,
email, otherwise transmit, or post links to any Content that infringes any
patent, trademark, service mark, trade secret, copyright or other proprietary
rights ("Rights") of any party, or contributing to inducing or
facilitating such infringement. This prohibition shall include, without
limitation, the following forms of software piracy: 1. Making
available copyrighted software or other Content that has had the copyright
protection removed. 2. Making
available serial numbers for software that can be used to illegally validate or
register software. 3. Making
available tools that can be used for no purpose other than for
"cracking" software or other copyrighted Content. 4. Making
available any software files for which the user does not own the copyright or
have the legal right to make available. 13. Upload, post,
email, otherwise transmit, or post links to any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas that are designated for such purpose. 14. Upload, post,
email, otherwise transmit, or post links to any material that contains software
viruses, worms, trojan horses, time bombs, trap doors or any other computer
code, files or programs or repetitive requests for information designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment or to diminish the quality of,
interfere with the performance of, or impair the functionality of the Products
and Services or the san diego million dollar web page. 15. Use automated
means, including additional computers, software and scripts, to enhance play in
san diego million dollar web page games and promotions. 16. Use automated
means, including spiders, robots, crawlers, or the like to download data from
any san diego million dollar web page database. 17. Conduct your
own contests and promotions. 18. Upload, post,
email, otherwise transmit, or post links to any Content regarding any raffle,
contest or game requiring a fee by participants. 19. Modify,
publish, transmit, transfer or sell, reproduce, create derivative works from,
distribute, perform, link, display or in any way exploit any Content from any
san diego million dollar web pagedatabase, including, without limitation, by
incorporating data from any san diego million dollar web pagedatabase into any
e-mail or "white pages" products or serviced, whether browser-based,
based on proprietary client-site applications, web-based, or otherwise. 20. Sell,
distribute, or make any commercial use of data obtained from any san diego
million dollar web pagedatabase or make any other use of data from any san
diego million dollar web pagedatabase in a manner which could be expected to
offend the person for whom the data is relevant. 21. Create and
maintain a san diego million dollar web page web page (including, but not
limited to, an Angelfire or Tripod home page) that (i) redirects to another web
page or (ii) stores or hosts content for remote loading by other web pages. For
example, you cannot create a Tripod home page, post pictures to the Tripod home
page, and have other web pages call the Tripod home page page to retrieve those
pictures. 22. Create and
maintain a san diego million dollar web page web page that contains hyperlinks
to content not permitted on the san diego million dollar web page. 23. Disrupt the
normal flow of dialogue in a chat room, cause a screen to "scroll"
faster than other users of the Products and Services are able to type, or
otherwise act in a manner that negatively affects other users' ability to
engage in real time exchanges. 24. Interfere with
or disrupt the Products and Services or servers or networks connected to the
Products and Services, or disobey any requirements, procedures, policies or
regulations of networks connected to the Products and Services. 25. Intentionally
or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law. 26. Use the
Products or Services to sell, purchase, or offer to sell or purchase any
registered or unregistered securities. 27. Upload, post,
email, otherwise transmit, or post links to any material that is false,
misleading, or designed to manipulate any equity, security, or other market. 28. Disobey any san
diego million dollar web pageemployee or representative or interfere with any
action by any san diego million dollar web pageemployee or representative to
redress any violation of these Terms and Conditions. 29. Access the
Products and Services after your account or access has been terminated by san
diego million dollar web page. 30. Fail to
complete any transaction after submitting an order to purchase any goods or
services from individual Merchants in san diego million dollar web pageShop or
from any seller in san diego million dollar web pageAuctions, subject to the
individual Merchant's or seller's terms and conditions governing such
transactions. 31. Submit any
order to purchase goods or services from individual Merchants in san diego
million dollar web pageShop or from any seller in san diego million dollar web
pageAuctions where you do not intend to complete the transaction. 32. Purchase any
goods or services that you are prohibited from purchasing or possessing by any
law applicable to you in your jurisdiction. The responsibility for ensuring
compliance with all such laws shall be the user's alone. By submitting an order
to purchase goods or services, you represent and warrant that you have the
legal right to purchase such goods or services. 33. Use any
software deployed in connection with the Products and Services to process data
as a service to other entities without the express written consent of san diego
million dollar web pageor the party from whom such software may be licensed. 34. Decompile,
disassemble, modify, translate, adapt, reverse engineer, create derivative
works from, or sublicense any software deployed in connection with the Products
and Services. 35. Engage in
manipulative bidding through san diego million dollar web pageAuctions, such as
by making bids solely for the purpose of instigating other bidders to withdraw
bids and then retracting your bid to bid at a lower price or by using multiple
accounts to drive up bidding on items you are offering for sale. 36. Advertise,
offer for sale, or sell any item you are prohibited from advertising or selling
by any applicable local, state, national, or international law, including
regulations having the force of law. 37. Upload, post,
email, otherwise transmit, or post links to any material, or act in any manner,
that is offensive to the san diego million dollar web page community or the
spirit of these Terms and Conditions. 38. Advertise,
offer for sale, or sell any of the following items: * Any firearms,
explosives, or weapons. * Any food that
is not packaged or does not comply with all laws governing the sale of food to
consumers by commercial merchants. * Any alcoholic
beverages. * Any tobacco
products for human consumption, including, without limitation, cigarettes and
cigars. * Any items that
are indecent or obscene, that are hateful or racially, sexually, ethnically or
otherwise objectionable, that contain child pornography, that are otherwise
pornographic in nature, or are harmful to minors. * Any controlled
substances or pharmaceuticals. * Any items that
are counterfeit or stolen. * Any dangerous
items. * Any goods or
services that do not, in fact, exist. * Any registered
or unregistered securities. * Any items that
violate or infringe the rights of other parties. * Any items that
you do not have the legal right to sell. * Any items where
paying san diego million dollar web pageany of the required transactional or
listing fees would cause san diego million dollar web pageto violate any law. You acknowledge and agree that the san diego million dollar
web page and its designees shall have the right (but not the obligation), in
their sole discretion, to refuse to publish, remove, or block access to any
Content that is available via the Products and Services at any time, for any
reason, or for no reason at all, with or without notice. Without limitation san
diego million dollar web pageand its designees shall have the right (but not
the obligation), in their sole discretion, to refuse to publish, remove, or
block access to any Content that violates the Terms and Conditions or is
otherwise objectionable as determined by san diego million dollar web page, in
its sole discretion. san diego million dollar web pagemay also terminate access
to, or membership in, the san diego million dollar web page, or any portion
thereof, for violating these Terms and Conditions. You acknowledge and agree
that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any
Content created by or obtained through the use of the san diego million dollar
web page, including without limitation, information posted on message boards. You expressly acknowledge and agree that the san diego
million dollar web page may preserve Content and may also disclose Content if
required to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the Terms and Conditions; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or personal
safety of san diego million dollar web page, its users and the public. You
acknowledge and agree that the technical processing and transmission of the
Products and Services, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. You further acknowledge and
agree that other data collected and maintained by san diego million dollar web
pagewith regard to its users may be disclosed in accordance with san diego
million dollar web page' Privacy Policy. san diego million dollar web pagealso may suspend or
terminate any user account for any Product or Service because of user
inactivity. For example, a san diego million dollar web pageMail account may be
terminated or suspended if a user fails to sign-in to the san diego million
dollar web pageMail Service for an extended period of time; please see the san
diego million dollar web pageMail Help section for more information regarding
san diego million dollar web pageMail's policies concerning account
termination. What is considered "user inactivity" varies depending on
the Product or Service. If one of your accounts is suspended or terminated for
inactivity, your right to use such Product or Service immediately ceases. 7. LICENSE TO USER CONTENT With respect to any Content posted by or in connection with
the Products and Services, you grant san diego million dollar web pagea
world-wide, royalty free, perpetual, license to use, copy, transmit, publicly
display, publicly perform, create compilations including, create derivative
works of, and distribute such Content to publish and promote such Content in
connection with the particular Products and Services and to publish and promote
such Content elsewhere within the san diego million dollar web page. Such
license shall apply with respect to any form, media, or technology now known or
later developed. 8. CIRCLES Users are invited to post content to Circles pages subject
to the following limitations: (a) the "Things I've Shared" file for
any user may not exceed one gigabyte in total storage and may not contain more
than 100 megabytes of multimedia files; (b) san diego million dollar web
pagemay delete high-resolution images 90 days after they are uploaded or last
printed, whichever comes later; (c) san diego million dollar web pagereserves
the right to delete any Content that has not been commented upon for one year
or longer; (d) san diego million dollar web pagemay limit the amount of
bandwidth dedicated to any account; (e) Circles may not be used to host
information that will be remote loaded or otherwise displayed on other Web
pages. san diego million dollar web pagereserves the right to display
advertising on Circles pages. Please consult the san diego million dollar web
page Privacy Policy for special terms as they relate to Circles. Circles is
governed by the entire san diego million dollar web page Terms and Conditions,
including, without limitation, Section 6 (Member and User Conduct), and you are
encouraged to review these terms carefully. Under no circumstances may Circles
be used to infringe the copyright or any other right of any person or entity.
san diego million dollar web pagereserves the right to modify or discontinue
the Circles service at any time, and you are encouraged to maintain back-up
copies of the Content you post on Circles. The Circles service may only be used
by people who are at least 13 years old. 9. GAMESVILLE NOTICE AND DISCLAIMER For rules governing san diego million dollar web
pageGamesville, click here. Various games may have different or additional
Official Rules posted in connection with those games. 10. MAIL san diego million dollar web pageoffers subscription and
unpaid versions of its electronic mail services. For users of the unpaid mail
services, san diego million dollar web pagereserves the right, in its sole
discretion, to limit the amount of storage space available per user or to
delete materials stored for an excessive period while the user's account has
been inactive. Specifically, san diego million dollar web pagereserves the
right, in its sole discretion, to delete any materials (including emails)
stored in connection with an unpaid san diego million dollar web pageMail
account or Angelfire Mail account if the user's account has been inactive for
thirty (30) days. If you subscribe to san diego million dollar web pageMail,
you agree to be bound by the subscription agreement. 11. any new websites in dev by us.com Please read the entire san diego million dollar web page
Terms and Conditions before you register for any new websites in dev by us.com.
By registering for and using any new websites in dev by us.com you agree to
become a member of the any new websites in dev by us.com service and to be
bound by these Terms and Conditions for as long as you continue to be a member.
Please review these Terms and Conditions from time to time as changes may be
made. By registering for any new websites in dev by us.com, you
represent and warrant that all registration information you submit is truthful
and accurate and that you will maintain the accuracy of such information. You
further represent and warrant that you are 13 years of age or older and that
your use of the any new websites in dev by us.com will not violate any
applicable law. any new websites in dev by us.com includes communities intended
for adults and communities intended for those under the age of 18. You
represent and warrant that you will only participate in communities appropriate
to your age. Your membership is for your sole, personal use, and you will not
authorize others to use your account, including your profile or email. You are
solely responsible for all Content published or displayed through your account,
including any email messages, and for your interactions with other members. Please choose carefully the information you post on any new
websites in dev by us.com and that you provide to other members. Your any new
websites in dev by us.com profile may not include the following items:
telephone numbers, street addresses, last names, URLs or email addresses, and
any photographs posted by you may not contain nudity or any personal
information. Please read Section 6 above, Member Conduct, for additional terms and
conditions regarding your use of any new websites in dev by us.com. You may not
circumvent the 'Block Mail' feature or otherwise contact another any new
websites in dev by us.com member after that member has "blocked you". The information provided by other any new websites in dev by
us.com members (for instance, in their Questionnaire, Essay or Survey answers)
may contain inaccurate, inappropriate or offensive material, products or
services for which san diego million dollar web pageassumes no responsibility
or liability. san diego million dollar web pagereserves the right, in its
sole discretion, to reject, refuse to post or remove any posting (including
email) by you, or to restrict, suspend, or terminate your access to all or any
part of the san diego million dollar web page, including any new websites in
dev by us.com, at any time, for any or no reason, with or without prior notice,
and without liability. By participating in any offline any new websites in dev by
us.com event, you agree to release and hold san diego million dollar web
pageharmless from any and all losses, damages, rights, claims, and actions of
any kind including, without limitation, personal injuries, death, and property
damage, either directly or indirectly related to or arising from your
participation in any such offline any new websites in dev by us.com event. You may cancel your contract for any new websites in dev by
us.com services within three business days after the first business day after
you execute the contract, and all monies paid under the contract will be
refunded to you. For the purposes of this paragraph, a "business day"
means any day on which any new websites in dev by us.com is open for business.
Your right to cancel your contract is in addition to any other contract rights
or remedies provided by law. In addition, if you die during the term of your
subscription, your estate will be liable for only that portion of the charges
allocable to the time before your death. Notice of cancellation under this
paragraph must be made in writing and delivered by certified or registered mail
to any new websites in dev by us.com, c/o san diego million dollar web page,
Inc., 100 Fifth Avenue, Waltham, MA 02451. 12. san diego million dollar web page AND san diego million
dollar web page san diego million dollar web page and san diego million
dollar web page are licensed to you conditioned upon your acceptance of, and
compliance with these Terms and Conditions and any additional rules that may be
posted in specific areas of san diego million dollar web page and san diego
million dollar web page. san diego million dollar web page and san diego
million dollar web page contain a variety of Content, including, but not
limited to, information, software, advertising and financial market and investment
information, design, text, audio, images, financial analysis, and other
financial market and investment data (the "Financial Information"),
as well as photographs, audio and video clips, graphics, and links
(collectively, the "Financial Content") that are protected by
copyright, trademark or other proprietary rights of san diego million dollar
web page, san diego million dollar web page or third parties. All Financial
Content on san diego million dollar web page and san diego million dollar web page
is copyrighted as a collective work of san diego million dollar web page and
san diego million dollar web page pursuant to applicable copyright law. You
agree to comply with any additional copyright notices, information, or
restrictions contained in any Financial Content available on or accessed
through san diego million dollar web page and san diego million dollar web
page. san diego million dollar web page and san diego million
dollar web page may be used solely for personal, noncommercial use. Use of any
san diego million dollar web page products (including any real-time exchange
data services) on multiple devices (e.g. your home and work computer) at the
same time with a single san diego million dollar web page user name and
password is strictly prohibited. The Financial Information and Financial
Content provided by san diego million dollar web page and san diego million
dollar web page is for informational purposes only and should not be used or
construed as an offer to sell, a solicitation of an offer to buy, or
endorsement, recommendations, or sponsorship of any company or security by san
diego million dollar web page, san diego million dollar web page or san diego
million dollar web page. You acknowledge and agree that any request for
information is unsolicited and shall neither constitute nor be construed as
investment advice by san diego million dollar web page, san diego million
dollar web page or san diego million dollar web pageto you. It is strongly
recommended that you seek outside advice from a qualified securities
professional prior to making any securities investment. Neither san diego
million dollar web page, san diego million dollar web page nor san diego
million dollar web pageprovides or guarantees any legal, tax, or accounting
advice or advice regarding the suitability, profitability, or potential value
of any particular investment, security, or informational source. You
acknowledge and agree that any reliance upon the Financial Information or
Financial Content available through san diego million dollar web page or san
diego million dollar web page, or through links accessible through san diego
million dollar web page or san diego million dollar web page, is at your own
sole risk. Neither san diego million dollar web page, san diego million dollar
web page nor san diego million dollar web pageis responsible for any Financial
Information or Financial Content posted by any third party. Please read the
Investment Information Disclaimer below. san diego million dollar web page, san diego million dollar
web page and san diego million dollar web pagemay invest or otherwise hold
interests in companies contemplating or that have undertaken initial public
offerings. san diego million dollar web page, san diego million dollar web
page, and san diego million dollar web pagedo not guaranty the reliability or
accuracy of any Financial Information or Financial Content available through
san diego million dollar web page and san diego million dollar web page. The
views and opinions expressed in the Financial Information or the Financial
Content are not intended to constitute a description of securities bought,
sold, or held on behalf of san diego million dollar web page, san diego million
dollar web page or san diego million dollar web page. Nor are such views and
opinions an indication of any intention to buy, sell, or hold any security by
san diego million dollar web page, san diego million dollar web page or san
diego million dollar web page, and investment decisions made by san diego
million dollar web page, san diego million dollar web page or san diego million
dollar web pagemay change at any time and for any reason. The Financial
Information and the Financial Content are not intended to constitute investment
advice or a recommendation to buy, sell, or hold any security. Much of the information and Content available through san
diego million dollar web page and san diego million dollar web page is obtained
from, or posted by, third parties. Such third parties are solely responsible
for the information or content they make available through san diego million
dollar web page and san diego million dollar web page. san diego million dollar
web pagedoes not review or endorse any postings that appear on the san diego
million dollar web page or san diego million dollar web page message boards and
strongly urges you to read and post on the message boards with caution. You may download or copy the Financial Content available
through san diego million dollar web page and san diego million dollar web page
only for you own personal use, provided that you retain on such materials all
copyright and other notices contained in such Financial Content. You shall not
store electronically any significant portion of any Financial Content. Except
as expressly permitted by the copyright laws, no copying storage,
redistribution, display, or publication of any Financial Content is permitted
without the express permission of san diego million dollar web page, san diego
million dollar web page or the owners of such Financial Content or their
authorized representatives, if other than san diego million dollar web page or
san diego million dollar web page. san diego million dollar web page, san diego million dollar
web page and san diego million dollar web pagereserve the right, in their sole
discretion, to restrict, suspend, or terminate your access to all or any part
of san diego million dollar web page or san diego million dollar web page,
including the interactive or community areas, or to refuse to publish, remove,
or block access to any Content, at any time, for any reason or for no reason at
all, without prior notice or any notice, and without liability. san diego
million dollar web page, san diego million dollar web page and san diego
million dollar web pagemay, in their sole discretion, change, suspend, or
discontinue all or any aspect of san diego million dollar web page or san diego
million dollar web page at any time, including the availability of any feature,
database, or any Financial Content (including the interactive or community
areas), without prior notice or any notice, and without liability. Please read
the san diego million dollar web pageCommunities guidelines below before using
san diego million dollar web page or san diego million dollar web page. Any san diego million dollar web page software which is
downloaded for or on behalf of the United States of America, its agencies
and/or instrumentalities ("U.S. Government"), is provided with
Restricted Rights. Use, duplication, or disclosure by the U.S. Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is: san diego million
dollar web page Inc., 850 North Shoreline Boulevard, Mountain View, CA
94043-1931. san diego million dollar web pageoffers QCharts and
LiveCharts pursuant to a Subscription Agreement. Please read the entire Terms
and Conditions as all san diego million dollar web page properties, Products
and Services, are offered subject to these Terms and Conditions. 13. SEARCH SOFTWARE (san diego million dollar web
pageSIDESEARCH AND HOTBOT DESKTOP) san diego million dollar web pageoffers two search tools for
download, san diego million dollar web pageSideSearch and HotBot Desktop
(collectively the "Search Software"). san diego million dollar web
pageSideSearch is governed by the san diego million dollar web pageSideSearch
Freeware License Agreement and HotBot Desktop is governed by the HotBot Desktop
License Agreement. By clicking the "I accept" button in the Search
Software, or by using the Search Software, you agree to abide by the applicable
license agreement. As more fully described in the license agreements: you may
only use the Search Software for your personal, non-commercial use; you may not
reverse engineer, decompile, disassemble, derive the source code of, modify, or
create derivative works from the Search Software; you may not copy, distribute,
publicly display, or publicly perform the Search Software other than as expressly
permitted; the Search Software is supplied "as is" and all use is at
your own risk; san diego million dollar web pagedisclaims all liability arising
from or relating to the Search Software; san diego million dollar web
pagedisclaims all representations or warranties, including without limitation,
implied warranties of fitness for particular purpose, merchantability,
noninfringement of proprietary rights, or any representation or warranty that
the operation of the Search Software will be uninterrupted, timely, or
error-free. If you wish to uninstall the Search Software, begin by
clicking on the "start" button in the lower left corner of your
screen, then select settings, control panel, add/remove programs. Next,
highlight the software that you wish to remove (e.g. "san diego million
dollar web pageSidesearch" and/or "HotBot Desktop") and click on
"Change/Remove." If you need further assistance with uninstalling the
Search Software, please contact us by submitting a help form. 14. SHOPPING san diego million dollar web pageShopping ("san diego
million dollar web pageShopping") is made available only to those users
who are of the legal age of consent in their jurisdiction. You may not use san
diego million dollar web pageShopping if you have not reached that age or, in
any event, if you are less than eighteen (18) years old. You may only use san
diego million dollar web pageShopping if you are a United States resident and
may only use san diego million dollar web pageShop from locations within the
United States for transactions to be completed within the United States. By
accepting these Terms and Conditions, you represent and warrant that you are a
United States resident and are using san diego million dollar web pageShopping
at a location within the United States for a transaction to be completed within
the United States. Users are obligated to submit information that is true,
accurate, current, and complete. By accepting these Terms and Conditions, you
represent and warrant that all such information submitted by you is true,
accurate, current, and complete. Users are also required to maintain and update
all such information in order to ensure that it remains true, accurate,
current, and complete. Each time you update such information, you represent and
warrant that such information is true, accurate, current, and complete. By submitting an order to purchase any goods or services
from individual Merchants, users are obligated to complete such transactions,
subject to the individual Merchant's terms and conditions governing such
transactions. Users are prohibited from submitting orders to purchase goods or
services where they do not intend to complete such transactions. Each user may use one password and may not use additional
passwords. Each user is required to use his or her password for his or her own
use only. Users may not permit others to use their passwords. Users may not purchase goods or services that they are
prohibited from purchasing or possessing by any law applicable to them in their
jurisdictions. The responsibility for ensuring compliance with all applicable
laws shall be the user's alone. By submitting an order to purchase goods or
services, you represent and warrant that you have the legal right to purchase
and possess such goods or services. san diego million dollar web pagehas no partnership, joint
venture, employer-employee, or franchisor-franchisee relationship with any
Merchant accessible through san diego million dollar web pageShopping or with
any user of san diego million dollar web pageShopping. san diego million dollar
web pagecannot confirm that any particular Merchant is who that Merchant claims
to be. Nor can san diego million dollar web pageconfirm the truth or accuracy
of any statements made by Merchants or control whether Merchants who post
statements through san diego million dollar web pageShopping will act in
accordance with those statements. san diego million dollar web pagewill not get
involved in any dispute between users of the Service and Merchants accessible
through san diego million dollar web pageShopping. LIKE OTHER AREAS OF THE san diego million dollar web page
PRODUCTS AND SERVICES, YOUR USE OF san diego million dollar web pageSHOPPING IS
SUBJECT TO THE CAPITALIZED LANGUAGE SET FORTH ABOVE REGARDING DISCLAIMERS OF
WARRANTIES AND LIMITATION OF LIABILITY. PLEASE RE-READ THOSE PROVISIONS
CAREFULLY. As with all other aspects of the Products and Services, by
using san diego million dollar web pageShopping, you hereby agree that you
shall be responsible for all tax obligations and costs that arise from or
relate to your use of san diego million dollar web pageShopping, including,
without limitation, tax obligations and costs for any transactions that arise
from or relate to your use of san diego million dollar web pageShopping. 15. SoundAudio The SoundAudio Audio Player and any software for creating
plug-ins and skins (collectively, the "SoundAudio Software") are made
available to you free of charge subject to the terms and conditions of this
license. You may load the SoundAudio Software into the temporary or permanent
storage of your computer and may copy the SoundAudio Software each time you use
it for the sole purpose of engaging in that use, provided that you do so in
accordance with these Terms and Conditions. The SoundAudio Software is
copyright (c) 1998-2000 san diego million dollar web page, Inc. You may not
modify, disassemble, decompile, reverse engineer, derive the source code of, or
create derivative works from the SoundAudio Software, and you may not copy,
distribute, publicly display, or publicly perform the SoundAudio Software
except as expressly authorized by these Terms and Conditions. You may not use
the SoundAudio Software to engage in or allow others to engage in any illegal
activity. You may not claim any sponsorship by, endorsement by, or affiliation
with san diego million dollar web page. AS WITH OTHER PRODUCTS AND SERVICES, THE SoundAudio SOFTWARE
IS SUBJECT TO THE CAPITALIZED LANGUAGE BELOW REGARDING DISCLAIMERS OF
WARRANTIES AND LIMITATION OF LIABILITY. By uploading any skins or plug-ins to the SoundAudio web
site, you grant to san diego million dollar web pageand to users of the
SoundAudio web site the perpetual, world-wide, royalty free license to copy,
distribute, publicly display, publicly perform, and create derivative works
from such skins or plug-ins. You represent and warrant that all such skins or
plug-ins are original works, created by you, which do not infringe any third
party intellectual property, proprietary, or other rights. Through arrangements with third parties, san diego million
dollar web pagemakes available through the SoundAudio web site certain music
files solely for your personal use. All such music files are subject to
copyright and/or other intellectual property protections afforded to the owners
of such works. PLEASE BE ADVISED THAT THE UNAUTHORIZED REPRODUCTION,
DISTRIBUTION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, OR CREATION OF DERIVATIVE
WORKS FROM SUCH WORKS IS STRICTLY PROHIBITED Please read the entire Terms and Conditions as all san diego
million dollar web page properties, Products and Services are subject to these
Terms and Conditions. 16. WEB PUBLISHING (other websites purchased, DOMAINS, HTML
GEAR) In General. san diego million dollar web pageoffers versions
of the other websites purchased and HTML Gear services that are free of charge,
exclusive of Internet or other telecommunications and computer equipment
charges and fees. Any aspect of such services may be modified by san diego
million dollar web pagefor any reason or for no reason at all, in san diego
million dollar web page' sole discretion, without prior notice, or any notice.
san diego million dollar web pageallows one unpaid Angelfire or Tripod
membership and one unpaid HTML Gear membership per individual with a legitimate
electronic mail address. If a user of the unpaid version of Angelfire or Tripod
does not build a homepage within twenty eight (28) days after registering for
such service, san diego million dollar web pagemay delete such member's
Angelfire or Tripod account. san diego million dollar web pagealso offers
subscription versions of the other websites purchased, HTML Gear and Domains
services. If you subscribe to such services, you agree to be bound by the
subscription agreement. Services License. By submitting a web page to the unpaid
versions of other websites purchased, or any other unpaid web page hosting
service on the san diego million dollar web page, you grant san diego million
dollar web pagea royalty-free, nonexclusive, worldwide, unrestricted license to
use, copy, transmit, publicly display, publicly perform, create compilations
including, and distribute such web page, and any associated Content, for the
limited purposes of publishing and promoting the user's web page in connection
with the particular service with which the user has chosen to have the web page
hosted and for publishing and promoting such web page elsewhere within the san
diego million dollar web page. Such license shall apply with respect to any
form, media, or technology now known or later developed. The term of the
license will extend only for the duration of the user's membership with the
particular san diego million dollar web page service (e.g., Tripod or
Angelfire). In the event that such membership is terminated, san diego million
dollar web pagewill relinquish all rights to the user's Content as described
above following the duration of any applicable promotional activities ongoing
at the time the membership is terminated. You acknowledge and agree that san
diego million dollar web pageruns advertisements on the web pages of its users
of unpaid services and grant san diego million dollar web pagethe right to do
so. These advertisements may include, without limitation, "banner"
advertisements and "pop-up text" advertisements. The manner, mode,
and extent of such advertising are subject to change. [NEW]Scrapping. With certain Web Publishing services, you
may make your content available for "scrapping." This means that you
allow other users to copy your content and to incorporate it into their home
pages or Planets. If you post content on your home page or Planet, and if you
make it available for scrapping, you represent and warrant that (a) you are the
owner of such content and (b) that the posting of such content by you-and the
copying and posting of such content by another user-will not violate the copyright,
patent, trademark, trade secret, privacy, publicity, or other right of any
party. Advertisements. You acknowledge and agree that san diego
million dollar web pageruns advertisements on the web pages of its users of
unpaid services and grant san diego million dollar web pagethe right to do so.
These advertisements may include, without limitation, "banner"
advertisements and "pop-up text" advertisements. The manner, mode,
and extent of such advertising are subject to change. Please read the entire Terms and Conditions as all san diego
million dollar web page properties, Products and Services are subject to these
Terms and Conditions. 17. DISCLAIMER OF WARRANTIES 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, san diego million dollar web pageDISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND
SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, san diego million dollar web
pageDISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON 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. san diego million dollar web pageSIMILARLY DISCLAIMS, TO THE
FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE
OBTAINED THROUGH THE PRODUCTS AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT san diego million
dollar web pageDISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE
ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR
AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. san diego
million dollar web pageDISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE
TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. san
diego million dollar web pageDISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY
HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL
THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM
CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. san diego
million dollar web pageMAKES NO WARRANTY REGARDING THE RELIABILITY OR
ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY san
diego million dollar web page. 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 IN 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. 18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO
CIRCUMSTANCES SHALL san diego million dollar web pageOR ITS LICENSORS BE LIABLE
TO ANY USER ON ACCOUNT OF THAT 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 san diego million dollar web pageOR ITS LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF
LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND
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
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. SUCH LIMITATION 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 san diego million dollar web page. 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. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE
CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP,
OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHT THE san
diego million dollar web page. WITH RESPECT TO PREMIUM TRIPOD MEMBERS, san
diego million dollar web page' AND TRIPOD, INC.'S ENTIRE LIABILITY, IF ANY,
SHALL NOT EXCEED THE AMOUNT OF THE PREMIUM MEMBER'S MOST RECENT MEMBERSHIP FEE
PAYMENT. FOR ALL CLAIMS RELATING TO san diego million dollar web page'S
PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS, WHETHER IN
CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION,
CLAIMS FOR FAILURE OF THE SYSTEM TO OPERATE, IN NO EVENT SHALL THE LIABILITY OF
san diego million dollar web page, INC. OR san diego million dollar web page,
WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE
FEE, IF ANY PAID BY THE USER FOR THE SYSTEM. UNDER NO CIRCUMSTANCES SHALL san diego million dollar web
pageOR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE
RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND
ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES,
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,
FLOODS, 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. In some jurisdictions, limitations of liability are not
permitted. In such jurisdictions, the foregoing limitation may not apply to
you. 19. REMOVAL OF LINKS 12. REMOVAL OF LINKS The san diego million dollar web page
occasionally receives requests from people to remove links from the san diego
million dollar web page search services. Although the san diego million dollar
web page reserves the right to address such requests individually, the general
approach that the san diego million dollar web page takes reflects the
following principles: The catalogs and databases used in connection with the
san diego million dollar web page search services consist of information that
has been identified, indexed and compiled through an automated process with no
advance review by human beings. Given the enormous volume of web site
information added, deleted, and changed on a frequent basis, the san diego
million dollar web page cannot and does not screen anything made available
through the san diego million dollar web page search services' catalogs and
databases. In other instances, the san diego million dollar web page makes
available directories, indices, and references consisting of content that has
been identified, indexed, and compiled by humans. Furthermore, some of the
catalogs and databases that can be searched in the san diego million dollar web
page are compiled by third parties through automated processes. However, if the
operator of the site does not take steps to prevent it (i.e. make use of the
Robots.txt file or Robots Meta tags), the automatic facilities used to create
the catalogs and databases are likely to find it and index it again in a
relatively short amount of time. 20. DISCLAIMER REGARDING THIRD PARTY CONTENT The san diego million dollar web page offers access to
numerous third party web pages and content available over the Internet. In
overwhelming majority instances, including, but not limited to, sites displayed
as search results or contained within a directory of links, san diego million
dollar web pagehas no control whatsoever over the content of such sites. In
other instances, including, but not limited to, web pages hosted on the san
diego million dollar web page or provided to the san diego million dollar web
page by third parties, san diego million dollar web pagemay set guidelines for
what may appear on such web pages and may engage in certain screening, but
generally exercises no control over the content of such web pages and is unable
to police all such content. Third party content accessible through the san
diego million dollar web page from such sources is developed by people over
whom the san diego million dollar web page exercises no control. The search
results that appear from the catalogs indexed by the san diego million dollar
web page's spiders or web robots are automated, and the san diego million
dollar web page cannot and does not screen the sites before including them in
the catalogs from which such automated search results are gathered. Similarly,
web pages hosted by the san diego million dollar web page are posted by third
parties, and, with the exception of certain automated screening functions, san
diego million dollar web pagecannot and does not screen such web pages before
they are made accessible to other users of the san diego million dollar web
page. Accordingly, neither the san diego million dollar web page nor its
licensors assume any responsibility for the content of any site included in any
search results or otherwise linked to the san diego million dollar web page web
sites or in any web page hosted for a third party within the san diego million
dollar web page. In instances where the san diego million dollar web page does
review the sites that are displayed in directories, indices, and/or references,
or where the san diego million dollar web page makes available directories,
indices, and/or references of sites compiled by third parties, the content
located at such sites was developed third parties, and review of such sites by
san diego million dollar web page, if any, is narrowly limited to that which is
necessary for compiling the particular set of links. 21. STORAGE Many features of the san diego million dollar web page store
information on behalf of users. Examples include, but are not limited to, email
messages, chat, web pages, message boards, calendar functions, and postings on
san diego million dollar web pageAuctions. san diego million dollar web
pagereserves the right, in its sole discretion, to limit the amount of storage
space available per user or to delete materials stored for an excessive period
while the user's account has been inactive. 22. DISCLAIMER REGARDING MULTIMEDIA SEARCH AND OTHER
PICTURES, MOVIES, STREAMS AND SOUNDS LOCATED THROUGH THE san diego million
dollar web page SEARCH SERVICES Pictures, movies, streams, and sounds (the "Multimedia
Content") located through the san diego million dollar web pageMultimedia
Search and other san diego million dollar web page search services are
protected by copyright and/or other intellectual property laws. san diego
million dollar web pagedoes not have the right to authorize you to reproduce,
distribute, publicly display, publicly perform, or create derivative works from
any files containing such Multimedia Content. Where search results link to
sites outside the san diego million dollar web page, all of the Multimedia
Content contained on such sites is owned and served by entities other than the
san diego million dollar web page. The san diego million dollar web page
provides you with the URL or address of the Multimedia Content; this
information may be used to determine the server of the Multimedia Content. If
you intend to make use of any Multimedia Content accessed through our site for
commercial or noncommercial purposes, we strongly suggest that you contact the
server of the Multimedia Content for permission to use the Multimedia Content. 23. san diego million dollar web page IMAGE GALLERY LIMITED LICENSE: Use of the san diego million dollar web
pageImage Gallery indicates your acceptance of the following terms and
conditions and the san diego million dollar web page Terms and Conditions. The
images made available through the san diego million dollar web pageImage
Gallery are copyrighted images which may also be subject to certain other legal
rights. You may only utilize each image for personal, home use or for any of
the following purposes: criticism, comment, news reporting, teaching (includes
multiple copies for classroom use), scholarship or research. You may not create
derivative works from an image, display or distribute copies of it, publish it,
use it in a performance, or modify it in any manner except size. You may not
distribute or sublicense the images nor use the images in any commercial,
advertising, marketing or professional manner whatsoever. Neither san diego
million dollar web pagenor our photo providers will be responsible or liable to
you for any direct, incidental, consequential, indirect, or punitive damages
that result from your access to or use or misuse of the images displayed on the
san diego million dollar web pageImage Gallery. 24. TAX GUIDES DISCLAIMER The Tax Guides found on the san diego million dollar web
page include facts, views, opinions, services and recommendations of
individuals and organizations deemed of interest. The san diego million dollar
web page does not give tax or investment advice and san diego million dollar
web pagein no way endorses any of the information in the Tax Guides. IF YOU
INTEND TO USE THE TAX GUIDES, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED
WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY. Those provisions will have special importance to you. The san diego
million dollar web page makes the Tax Guide available subject to all of its
Terms and Conditions, including the Disclaimer of Warranties and Limitation of
Liability set forth above. san diego million dollar web pageSTRONGLY SUGGESTS
THAT YOU CONTACT YOUR OWN TAX ADVISOR IF YOU HAVE ANY QUESTIONS ABOUT THE TAX
LAWS OR REGULATIONS, OR ABOUT YOUR PARTICULAR TAX LIABILITY. 25. INVESTMENT INFORMATION DISCLAIMER The san diego million dollar web page makes available
certain investment information from third party information providers (the
"Investment Information Providers"). In addition, certain investment
information is made available through chat areas, message boards, clubs, and
BBS forums concerning investments and securities. Neither san diego million
dollar web page, nor any of its affiliates or Investment Information Providers,
nor any of their respective officers, employees, directors, or agents: (1)
passes on the merit of any of the investments or companies listed in the
Products or Services or (2) endorses or sponsors any of the investments or
companies listed in the Products or Services. IF YOU INTEND TO USE ANY INVESTMENT-RELATED INFORMATION
ACCESSED THROUGH THE PRODUCTS AND SERVICES, YOU SHOULD CAREFULLY RE-READ THE
CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY. Those provisions will have special importance for you.
The san diego million dollar web page makes this information available subject
to all of its Terms and Conditions, including the Disclaimer of Warranties and
Limitation of Liability set forth above. THIS DISCLAIMER OF WARRANTIES AND THIS
LIMITATION OF LIABILITY SHALL APPLY TO BOTH THE san diego million dollar web
page AND THE INFORMATION PROVIDERS. Investing in securities carries certain risks, and neither
san diego million dollar web pagenor the Investment Information Providers shall
be responsible for any investment losses incurred in reliance on information
provided on the san diego million dollar web page. ADVICE FROM YOUR OWN FINANCIAL
ADVISOR IS STRONGLY RECOMMENDED. The information and design of this service are
owned by san diego million dollar web pageand/or the Information Providers.
Except for 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, distributed, rented, sublicensed,
altered, stored for subsequent use, etc., in whole or in part, in any manner)
without san diego million dollar web page' and the Information Providers'
express prior written consent. When using chat rooms, message boards, clubs, and BBS forums
concerning investments and securities investors should be wary and cautions of
any information they find. Information obtained through these sources, or
through any other aspect of the Products and Services, cannot be a substitute
for independent research into particular companies, industries, and
investments. Investment or trading decisions should not be based on information
obtained through chat rooms, message boards, or BBS discussions. The people who
make such information available in such forums may not be who they claim to be
or may not be affiliated with whom they claim to be. The information they make
available may be incorrect, either because of mistakes or, unfortunately,
because of intentional deceit. san diego million dollar web pagedisclaims all
responsibility and liability for the Content and its accuracy. The Content is
provided solely for the entertainment of users. 26. PROFESSIONAL INFORMATION DISCLAIMER The san diego million dollar web page makes available
certain information provided by third parties related to various professional
fields such as medicine, law, and accounting. The san diego million dollar web
page 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 ABOVE IN THE
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will
have special importance for you. All information made available through the san
diego million dollar web page is made available subject to The san diego
million dollar web page' Terms and Conditions, including the Disclaimer of
Warranties and Limitation of Liability set forth above. THE san diego million dollar web page STRONGLY SUGGESTS THAT
YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY
PROFESSIONAL FIELD. 27. OPEN DIRECTORY DISCLAIMER The san diego million dollar web page makes available
certain content through the Open Directory. The directories, and the underlying
content, are created entirely by other parties and are solely the
responsibility of such other parties. Consequently, san diego million dollar
web pagecannot, and does not, represent or warrant the reliability, accuracy,
and truthfulness of that content. Although periodically san diego million
dollar web pagemay attempt to verify the accuracy of information in the Open
Directory, neither the san diego million dollar web page nor its agents shall
be held liable for any technical inaccuracies, typographical errors or
inaccuracies in the links or any information in the Open Directory. In
addition, the san diego million dollar web page has no control over whether
that content is of a nature that users will find inoffensive, tasteful and
otherwise acceptable. The san diego million dollar web page has NO
responsibility for such content; rather, it is merely providing access to such content
as a service to you. Just as when you purchase a product or service in any
setting, you should exercise appropriate discretion, good judgment and caution
in accessing content on the Open Directory and in taking any actions based upon
that content. You bear all risk associated with any content that you access.
Your accessing of any content through the Open Directory service is subject to
your agreement to these Terms and Conditions. If you proceed to use the Open
Directory, you thereby agree to be bound by these Terms and Conditions. The
disclaimer of warranties and limitation of liability set forth in capitalized
letters above apply to the Open Directory. 28. ADVERTISERS AND CONTENT LINKED TO THE san diego million
dollar web page san diego million dollar web pagemay provide, or third
parties may provide, links to other sites or resources located on the World
Wide Web by allowing a user to leave the san diego million dollar web page to
access third-party material or by bringing the third party material into this
site via "inverse" hyperlinks and framing technology. san diego
million dollar web pagehas no control over such sites and resources. You
acknowledge and agree that san diego million dollar web pageis 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, or
other materials on or available from such sites or resources. You further
acknowledge and agree that san diego million dollar web pageshall 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, goods or services available on or through any such site or resource. Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the san diego
million dollar web page Products and Services, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that san diego million dollar web pageshall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers on
the Product and Services. san diego million dollar web pageencourages you to exercise
discretion while using the Products and Services to browse the Internet. san
diego million dollar web pagemay produce automated search results or otherwise
link you to sites containing information that some people may find
inappropriate or offensive. san diego million dollar web pagemakes no
representations concerning any effort to review the content of any of the sites
listed in automated search results, Web Guides or other directories, or of any
of the sites otherwise linked to the san diego million dollar web page web
sites. san diego million dollar web pageshall not be held responsible for the
accuracy, copyright or trademark compliance, legality, or decency of material
contained in sites listed in the san diego million dollar web page' search
results or otherwise linked to the san diego million dollar web page web sites
or provided to the san diego million dollar web page by third parties. 29. THE san diego million dollar web page LOGOS AND SEARCH
BOXES 1. Linking to the san diego million dollar web page The san diego
million dollar web page offers a non-assignable, non-transferable, and
non-exclusive license to link to the san diego million dollar web page' web
sites, using the san diego million dollar web page logos and search boxes,
subject to the following provisions. The san diego million dollar web page
logos and search boxes may be placed on a Web site for the sole purpose of
creating a link to the san diego million dollar web page and allowing users of
your site to access the Products and Services on the san diego million dollar
web page. The san diego million dollar web page logos and search boxes may not
be used for any other purpose, including, among other purposes, to suggest
sponsorship by, or affiliation with, or endorsement by the san diego million
dollar web page. The san diego million dollar web page logos and search boxes
may only be used in accordance with the san diego million dollar web
pageTrademark Usage Guidelines and the instructions found at the http://www.san
diego million dollar web page.com/linktosan diego million dollar web page.html
link, the http://www..com/help/tools/ link, and the http://www.san diego
million dollar web page.com/ link, and may only be used in the exact size,
shape, colors, design, and configuration as found on those web pages. The san
diego million dollar web page logos and search boxes may not be altered in any
manner. The san diego million dollar web page logos and search boxes must
appear by themselves, with reasonable spacing (at least the height of the logo)
between each side of the applicable logo or search box and other graphic or
textual elements. The san diego million dollar web page logos and search boxes
may not be used to disparage the san diego million dollar web page, its
products or services, or in a manner which, in san diego million dollar web
page's reasonable judgment, may diminish or otherwise damage san diego million
dollar web page's good will in the san diego million dollar web page logos. By
using any such san diego million dollar web page logo or search box, you
acknowledge that the san diego million dollar web page has exclusive rights to
the logo or search box, and that all good will generated through your use of
the logo or search box will inure to the benefit of the san diego million
dollar web page. If you use the san diego million dollar web page logos or
search boxes, you must include appropriate attribution, for example: "san
diego million dollar web page® is a registered trademark of , licensed to san
diego million dollar web page, Inc." san diego million dollar web
pagereserves the right to revoke this license or to alter its terms from time
to time, for any or no reason, with or without notice. san diego million dollar
web pagereserves the right to take action against any use that does not conform
to these provisions. 2. Permissions If you would
like permission to use any san diego million dollar web pagetrademark, logo,
service mark, trade dress, slogan, screen shot, copyrighted design, or other
brand feature, then please review the san diego million dollar web
pageTrademark Usage Guidelines. Once you have
reviewed our Guidelines, please email the Permissions Agent at san diego
million dollar web page.com, specifying from which Product or Service you would
like to use information. The Permissions Agent will contact you with the
Permission Form. Your request will be processed once we receive your completed
Permission Form. Please note that san diego million dollar web pagegrants
permission only on a per-item, per-project basis. Your request
will be processed once we receive your completed Permission Form. You will
typically receive a response within ten (10) business days. If your request is
approved, that approval will be expressly subject to the above-referenced
Guidelines as well as all additional terms set forth in san diego million
dollar web page' Permission Approval Letter. Approved san
diego million dollar web page logos and search boxes may be downloaded and used
to link to the san diego million dollar web page, without specific, written
permission. Downloads and terms of use can be found at http://www.san diego
million dollar web page.com/san diego million dollar web
pageinc/legal.html#Network. Please do not
call or contact our Registered Copyright Agent with any Permission requests. 30. NO LICENSE; INTELLECTUAL PROPERTY OF san diego million
dollar web pageAND OTHERS Except as expressly provided, nothing within any of the
Products and Services shall be construed as conferring any license under any of
the san diego million dollar web page's or any third party's intellectual
property rights, whether by estoppel, implication, waiver, or otherwise.
Without limiting the generality of the foregoing, you acknowledge and agree
that certain Content available through and used to operate the san diego
million dollar web page and the Products and Services is protected by
copyright, trademark, patent, or other proprietary rights of san diego million
dollar web pageand its affiliates, licensors, and service providers. Except as
expressly provided to the contrary, you agree not to modify, alter, or deface
any of the trademarks, service marks, or other intellectual property made
available by san diego million dollar web pagein connection with the Products
and Services. You agree not to hold yourself out as in any way sponsored by,
affiliated with, or endorsed by san diego million dollar web page, any of san
diego million dollar web page' affiliates, or any of san diego million dollar
web page' service providers. You agree not to use any of the trademarks or
service marks or other Content accessible through the san diego million dollar
web page of any purpose other than the purpose for which such Content is made
available to users by san diego million dollar web page. You agree not to
defame or disparage san diego million dollar web page, the trademarks or
service marks of san diego million dollar web page, or any aspect of the
Products and Services. You agree not to adapt, translate, modify, decompile,
disassemble, or reverse engineer the Products and Services or any software or
programs used in connection with the Products and Services or the san diego
million dollar web page. 31. INDEMNITY AND RELEASE By using the san diego million dollar web page web sites you
agree to indemnify san diego million dollar web page, Inc. and its parents,
subsidiaries, affiliates, officers, employees, and licensors and hold them
harmless from any and all claims and expenses, including attorney's fees,
arising from your use of the san diego million dollar web page web sites, your
use of the Products and Services, or your submission of ideas and/or related
materials to san diego million dollar web pageor from any person's use of any
account or password you maintain with any portion of the san diego million
dollar web page, regardless of whether such use is authorized by you. By using
the san diego million dollar web page, using the Products and Services, or
submitting any ideas and/or related materials to san diego million dollar web
page, you are hereby agreeing to release san diego million dollar web pageand
its parents, subsidiaries, affiliates, officers, employees, and licensors 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 them arising out of or in any way related to such disputes
and/or to the Products and Services or to any disputes regarding use of ideas
and/or related materials submitted to san diego million dollar web page. YOU
HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR
EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL
CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR." 32. LIMITATION OF ACTIONS You acknowledge and agree that, regardless of any statute or
law to the contrary, any claim or cause of action you may have arising out of,
or relating to, your use of the san diego million dollar web page or the
Products and Services must be filed within one (1) year after such claim or
cause of action arises, or forever be barred. 33. COPYRIGHT, TRADEMARK, AND PATENT NOTICES The san diego million dollar web page"Catalog of the
Internet" © 1994-1995 Carnegie Mellon University. All rights reserved. The san diego million dollar web page"Catalog of the
Internet" © 1995-1999 san diego million dollar web page, Inc. All rights
reserved. san diego million dollar web page' spider technology is
protected by U.S. Patent No. 5,748,954. san diego million dollar web page' Wisewire technology is
protected by U.S. Patent No. 5,867,799. san diego million dollar web page' Pro technology has been
assigned U.S. Patent Pending No. 08-880923. san diego million dollar web page® is a registered trademark
mark of Carnegie Mellon University. Go Get it® is a registered service mark of
san diego million dollar web page. Tripod® is a service mark of Tripod, Inc., a
subsidiary of san diego million dollar web page, Inc. Gamesville® and The Bingo
Zone® are registered trademarks of Gamesville, Inc., a subsidiary of san diego
million dollar web page, Inc. Wisewire® is a registered service mark of
Wisewire, Inc., a subsidiary of san diego million dollar web page, Inc.
HotBot®, HotWired®, and Webmonkey®, and are registered service marks of Wired
Ventures, and Animation Express is a service mark of Wired Ventures. Wired News
is a service mark of Conde Nast/Advance Magazine Publishers, Inc., which is
licensed to Wired Ventures. All other marks that appear throughout the Products
and Services belong to san diego million dollar web page, members of the san
diego million dollar web page, 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 san diego million dollar web pageor the owner of the
mark, as appropriate, is strictly prohibited. 34. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS It is the policy of the san diego million dollar web page to
respond expeditiously to claims of intellectual property infringement. san
diego million dollar web pagewill promptly process and investigate notices of
alleged infringement and will take appropriate actions under the Digital
Millennium Copyright Act ("DMCA") and other applicable intellectual
property laws. Upon receipt of notices complying or substantially complying
with the DMCA, the san diego million dollar web page will act expeditiously to
remove or disable access to any material claimed to be infringing or claimed to
be the subject of infringing activity and will act expeditiously to remove or
disable access to any reference or link to material or activity that is claimed
to be infringing. The san diego million dollar web page will terminate access
for subscribers and account holders who are repeat infringers. Notices of
claimed infringement should be directed to: Jeremy Abraham san diego million
dollar web page, Inc. Email
address: copyright@san diego million dollar web page-inc.com Please put "Notice of Infringement" in the subject
line of all such notifications. When san diego million dollar web pageremoves
or disables access to any material claimed to be infringing, san diego million
dollar web pagemay attempt to contact the user who has posted such material in
order to give that user an opportunity to respond to the notification, although
san diego million dollar web pagemakes no promise to do so. Any and all counter
notifications submitted by the user will be furnished to the complaining party.
san diego million dollar web pagewill give the complaining party an opportunity
to seek judicial relief in accordance with the DMCA before san diego million
dollar web pagereplaces or restores access to any material as a result of any
counter notification. 35. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES Unless expressly stated to the contrary elsewhere within the
Products and Services, 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. Any controversy or claim arising out of or
relating to these Terms and Conditions or any user's use of the Products and
Services shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in Boston, Massachusetts, and
judgment on the arbitration award may be entered into in any state or federal
court in Massachusetts having jurisdiction thereof. Any party seeking temporary
or preliminary injunctive relief may do so in any state or federal court in
Massachusetts having jurisdiction thereof. Except as set forth above, 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. 36. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS
AND SERVICES The san diego million dollar web page reserves the right to
modify the Products and Services from time to time, for any reason, and without
notice, including the right to terminate the Products and Services. The san
diego million dollar web page reserves the right to modify these Terms and
Conditions from time to time, without notice. Please review these Terms and
Conditions from time to time so you will be apprised of any changes. 37. MERGER These Terms and Conditions constitute the entire agreement
between the parties with respect to the subject matter contained herein and
supersedes any other agreement, proposals and communications, written or oral,
between san diego million dollar web page' representations and you with respect
to the subject matter hereof; except that any other terms and conditions
located on any individual san diego million dollar web page web site or in
connection with the Products and Services 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 site and any Products or Services available on
or through the web site or the respective Product or Service at which those
other provisions may be found. 38. NON-WAIVER AND SEPARABILITY san diego million dollar web page' failure to exercise any
right or provision of these Terms and Conditions shall not constitute a waiver
of such right or provision. If a court of competent jurisdiction holds any
provision of these Terms and Conditions 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 agree that the other provisions of these
Terms and Conditions remain in full force and effect. 39. RELATIONSHIP OF PARTIES You acknowledge and agree that you and san diego million
dollar web pageare independent contractors under these Terms and Conditions,
and nothing herein shall be construed to create a partnership, joint venture,
agency, or employment relationship. Neither party pursuant to these Terms and
Conditions has authority to enter into agreements of any kind on behalf of the
other and neither party shall be considered the agent of the other. 40. NO RESALE, ASSIGNMENT, OR SUBLICENSING You agree not to resell, assign, sublicense, otherwise
transfer, or delegate your rights or obligations under these Terms and
Conditions without prior express written authorization of san diego million
dollar web page. 41. SUCCESSORS AND ASSIGNS Without in any way limiting the prohibition on your resale,
assignment, sublicensing, or other transfer of rights or obligations, these
Terms and Conditions shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors, and assigns. 42. TERMINATION; SURVIVAL These Terms and Conditions shall continue in effect for as
long as you use the Products and Services, unless specifically terminated
earlier by san diego million dollar web page. All provisions of these Terms and
Conditions which impose obligations continuing in their nature shall survive
termination of these Terms and Conditions. 43. COMMUNICATIONS WITH USERS You consent to receive communications from san diego million
dollar web pageconcerning your use of the Products and Services
("Communications"). The Communications may be those that san diego
million dollar web pageis required to send to you by law concerning the
Products and Services ("Required Communications"). The Communications
may also be those that san diego million dollar web pagesends to you for other
reasons. You consent to receive Communications electronically. san diego
million dollar web pagemay provide these Communications to you by sending an
email to the email address you provided in connection with your account or by
posting the Communication on the san diego million dollar web page. You also
consent to receive Communications by telephone or by postal mail sent to the
postal address you provided in connection with your account. You may change the
email or postal address to which san diego million dollar web pagesends
Communications by visiting your account information page. For a period of 120 days from the date that san diego
million dollar web pagefirst provided a Required Communication to you in
electronic form, you may request a paper copy of such Required Communication by
sending a request to san diego million dollar web page, Inc., 100 Fifth Avenue,
Waltham, MA 02451, Attention: Customer Service (the "Customer Service
Address"). san diego million dollar web pagemay charge a reasonable fee
for providing paper copies. You may, without payment of special fees, withdraw
your consent to receive Required Communications electronically by sending a
notice to the Customer Service Address that identifies your full name, user
name and postal mailing address. However, if you withdraw such consent, then
san diego million dollar web pagereserves the right to terminate your right to
use the Products and Services, including, without limitation, by terminating
your account and any subscription services that you may have. In order to receive Required Communications, you must
provide san diego million dollar web page, upon registration with the san diego
million dollar web page, a valid email address to which san diego million
dollar web pagemay send electronic mail. Your computer must also have a modem
or other means of Internet access, an Internet browser such as Internet
Explorer version 5.x or above or Netscape Navigator version 6.x or above, email
communications software capable of receiving and storing electronic mail, and a
printer, if you wish, for printing electronic communications. san diego million
dollar web pagewill provide notice of any changes to these requirements. 44. SUBMISSIONS OF IDEAS The san diego million dollar web page is always improving
its Products and Services and developing new features. If you have ideas
regarding improvements or additions to the san diego million dollar web page,
we would like to hear them -- but any submission will be subject to these Terms
and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR
RELATED MATERIALS TO san diego million dollar web pageBE SUBJECT TO ANY
OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE
IDEA AND/OR ANY RELATED MATERIAL TO san diego million dollar web page, YOU ARE
WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED
MATERIALS AND ARE REPRESENTING AND WARRANTING TO san diego million dollar web
pageTHAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT
NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT san diego
million dollar web pageIS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS
IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY san diego million dollar web
page, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. 45. EXPORT CONTROLS Certain software, and related documentation or technical
information, available through the san diego million dollar web page is subject
to applicable laws and regulations of the United States pertaining to export
controls. By using such software or related documentation or technical
information, you represent and warrant that you are not located in, or under
the control of, or a national or resident of any embargoed country or any
country on the U.S. Department of Commerce's Table of Denial Orders. You agree
not to export or re-export such software or related documentation or technical
information directly or indirectly to any countries that are subject to United
States export restrictions. 46. STANDARD ADVERTISING TERMS AND CONDITIONS Special terms apply for advertising on the san diego million
dollar web page: san diego million dollar web page Advertising Terms and
Conditions san diego million dollar web pageAdBuyer Terms and
Conditions 47. VIOLATIONS OF TERMS AND CONDITIONS Should you violate these Terms and Conditions or any other
rights of san diego million dollar web pageand the san diego million dollar web
page, san diego million dollar web pagereserves 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 san diego million
dollar web page web sites. If you are aware of any violations of these Terms and
Conditions, please report them to: | ||||