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Disclaimer
1. Definitions
"AsktheMarriedguy.com"
is the interactive on-line service operated by
eDVANTIGE Inc. on the World Wide Web of the
Internet, consisting of information services and
content provided by AsktheMarriedguy.com, affiliates
of by eDVANTIGE Inc. and other third parties.
"Subscriber"
means each person who establishes or accesses a
connection to use AsktheMarriedguy.com.
2.
General
(A) This Agreement, which incorporates by reference
other provisions applicable to use of
AsktheMarriedguy.com, including, but not limited to,
supplemental terms and conditions set forth in
paragraph 14 hereof ("Supplemental Terms")
governing the use of certain specific material
contained in AsktheMarriedguy.com, sets forth the
terms and conditions that apply to use of
AsktheMarriedguy.com by Subscriber. By using
AsktheMarriedguy.com (other than to read this
Agreement for the first time), Subscriber agrees to
comply with all of the terms and conditions hereof.
The right to use AsktheMarriedguy.com is personal to
Subscriber and is not transferable to any other person
or entity. Subscriber is responsible for all use of,
where applicable, Subscriber's Account (under any
screen name or password) and for ensuring that
all use of Subscriber's Account complies fully with
the provisions of this Agreement. Subscriber shall be
responsible for protecting the confidentiality of
Subscriber's password(s), if any.
(B) AsktheMarriedguy.com shall have the right at any
time to change or discontinue any aspect or feature of
AskMen.com, including, but not limited to, content,
hours of availability, and equipment needed for access
or use.
3.
Changed Terms
AsktheMarriedguy.com
shall have the right at any time to change or modify
the terms and conditions applicable to Subscriber's
use of AsktheMarriedguy.com, or any part thereof, or
to impose new conditions, including, but not limited
to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be
effective immediately upon notice thereof, which may
be given by means including, but not limited to,
posting on AsktheMarriedguy.com, or by electronic or
conventional mail, or by any other means by which
Subscriber obtains notice thereof. Any use of
AsktheMarriedguy.com by Subscriber after such notice
shall be deemed to constitute acceptance by Subscriber
of such changes, modifications or additions.
4.
Equipment
Subscriber
shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment
needed for access to and use of AsktheMarriedguy.com
and all charges related thereto.
5.
Subscriber
Conduct
(A) Subscriber shall use AsktheMarriedguy.com for
lawful purposes only. Subscriber shall not post or
transmit through AsktheMarriedguy.com any material
which violates or infringes in any way upon the rights
of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a
criminal offense, give rise to civil liability or
otherwise violate any law, or which, without
AsktheMarriedguy.com express prior approval, contains
advertising or any solicitation with respect to
products or services. Any conduct by a Subscriber that
in AsktheMarriedguy.com discretion restricts or
inhibits any other Subscriber from using or enjoying
AsktheMarriedguy.com will not be permitted. Subscriber
shall not use AsktheMarriedguy.com to advertise or
perform any commercial solicitation, including, but
not limited to, the solicitation of users to become
subscribers of other on-line information services
competitive with AsktheMarriedguy.com.
(B) AsktheMarriedguy.com contains copyrighted
material, trademarks and other proprietary
information, including, but not limited to, text,
software, photos, video, graphics, music and sound,
and the entire contents of AsktheMarriedguy.com are
copyrighted as a collective work under the United
States of America copyright laws. AsktheMarriedguy.com
owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well
as in the content original to it. Subscriber may not
modify, publish, transmit, participate in the transfer
or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part.
Subscriber may download copyrighted material for
Subscriber's personal use only. Except as otherwise
expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or
commercial exploitation of downloaded material will be
permitted without the express permission of
AsktheMarriedguy.com and the copyright owner. In the
event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or
copyright notice shall be made. Subscriber
acknowledges that it does not acquire any ownership
rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise
make available on AsktheMarriedguy.com any material
protected by copyright, trademark or other proprietary
right without the express permission of the owner of
the copyright, trademark or other proprietary right
and the burden of determining that any material is not
protected by copyright rests with Subscriber.
Subscriber shall be solely liable for any damage
resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from
such a submission. By submitting material to any
public area of AsktheMarriedguy.com, Subscriber
automatically grants, or warrants that the owner of
such material has expressly granted
AsktheMarriedguy.com the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part)
worldwide and/or to incorporate it in other works in
any form, media or technology now known or hereafter
developed for the full term of any copyright that may
exist in such material. Subscriber also permits any
other Subscriber to access, view, store or reproduce
the material for that Subscriber's personal use.
Subscriber hereby grants AsktheMarriedguy.com the
right to edit, copy, publish and distribute any
material made available on AsktheMarriedguy.com by
Subscriber.
(D) The foregoing provisions of Section 5 are for the
benefit of AsktheMarriedguy.com, its subsidiaries,
affiliates and its third party content providers and
licensors and each shall have the right to assert and
enforce such provisions directly or on its own
behalf.
6.
Disclaimer of
Warranty; Limitation of Liability
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF
ASKTHEMARRIEDGUY.COM IS AT SUBSCRIBER'S SOLE RISK.
NEITHER ASKTHEMARRIEDGUY.COM , ITS AFFILIATES NOR ANY
OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT
ASKTHEMARRIEDGUY.COM WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF ASKTHEMARRIEDGUY.COM
, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
ASKTHEMARRIEDGUY.COM .
(B) ASKTHEMARRIEDGUY.COM IS PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES
THAT ASKTHEMARRIEDGUY.COM IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
SUBSCRIBER.
(D) IN NO EVENT WILL ASKTHEMARRIEDGUY.COM , OR ANY
PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING ASKTHEMARRIEDGUY.COM OR THE
ASKTHEMARRIEDGUY.COM SOFTWARE, BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE ASKMEN.COM. SUBSCRIBER HEREBY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT ON ASKTHEMARRIEDGUY.COM .
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER,
ASKTHEMARRIEDGUY.COM , NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR
UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN ASKTHEMARRIEDGUY.COM , OR FOR ANY
DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO
THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING
PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR
LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO,
LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR
TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE
ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL
REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION.
ASKMEN.COM, ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR
INVESTMENT DECISIONS BASED ON THE INFORMATION
PROVIDED. NEITHER, ASKTHEMARRIEDGUY.COM , NOR
ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS
TO THE RESULTS OBTAINED FROM THE USE OF THE
INFORMATION.
(F) FORCE MAJEURE -- NEITHER PARTY WILL BE RESPONSIBLE
FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO
CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL,
INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT,
EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES,
FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING
FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR
TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK
FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS
(INCLUDING PROVIDERS OF INTERNET SERVICES AND
TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH
EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF
FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE
OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG
AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY
FROM PERFORMING ITS OBLIGATIONS UNDER THIS
AGREEMENT.
7.
Monitoring
AsktheMarriedguy.com
shall have the right, but not the obligation, to
monitor the content of AsktheMarriedguy.com, including
chat rooms and forums, to determine compliance with
this Agreement and any operating rules established by
AsktheMarriedguy.com and to satisfy any law,
regulation or authorized government request.
AsktheMarriedguy.com shall have the right in its sole
discretion to edit, refuse to post or remove any
material submitted to or posted on
AsktheMarriedguy.com. Without limiting the foregoing,
AsktheMarriedguy.com shall have the right to remove
any material that AsktheMarriedguy.com, in its sole
discretion, finds to be in violation of the provisions
hereof or otherwise objectionable.
8.
Indemnification
Subscriber
agrees to defend, indemnify and hold harmless
AsktheMarriedguy.com, its affiliates and their
respective directors, officers, employees and agents
from and against all claims and expenses, including
attorneys' fees, arising out of the use of
AsktheMarriedguy.com by Subscriber or Subscriber's
Account.
9.
Termination
Either
AsktheMarriedguy.com or Subscriber may terminate this
Agreement at any time. Without limiting the foregoing,
AsktheMarriedguy.com shall have the right to
immediately terminate Subscriber's Account in the
event of any conduct by Subscriber which
AsktheMarriedguy.com, in its sole discretion,
considers to be unacceptable, or in the event of any
breach by Subscriber of this Agreement. The provisions
of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this
Section 9 shall survive termination of this
Agreement.
10.
Trademarks
AsktheMarriedguy.com
its logos are trademarks of AsktheMarriedguy.com. All
rights reserved. All other trademarks appearing on
AsktheMarriedguy.com are the property of their
respective owners.
11.
Third Party
Content
AsktheMarriedguy.com
is a distributor (and not a publisher) of content
supplied by third parties and Subscribers.
Accordingly, AsktheMarriedguy.com has no more
editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other
information or content expressed or made available by
third parties, including information providers,
Subscribers or any other user of AsktheMarriedguy.com,
are those of the respective author(s) or distributor(s)
and not of AsktheMarriedguy.com. Neither
AsktheMarriedguy.com nor any third-party provider of
information guarantees the accuracy, completeness, or
usefulness of any content, nor its merchantability or
fitness for any particular purpose. (Refer to Section
6 above for the complete provisions governing
limitation of liabilities and disclaimers of
warranty.)
In
many instances, the content available through
AsktheMarriedguy.com represents the opinions and
judgments of the respective information provider,
Subscriber, or other user not under contract with
AsktheMarriedguy.com. AsktheMarriedguy.com neither
endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement made
on AsktheMarriedguy.com by anyone other than
authorized AsktheMarriedguy.com employee spokespersons
while acting in their official capacities. Under no
circumstances will AsktheMarriedguy.com be liable for
any loss or damage caused by a Subscriber's reliance
on information obtained through AsktheMarriedguy.com.
It is the responsibility of Subscriber to evaluate the
accuracy, completeness or usefulness of any
information, opinion, advice or other content
available through AsktheMarriedguy.com. Please seek
the advice of professionals, as appropriate, regarding
the evaluation of any specific information, opinion,
advice or other content.
12.
Miscellaneous
This
Agreement and any operating rules for
AsktheMarriedguy.com established by
AsktheMarriedguy.com constitute the entire agreement
of the parties with respect to the subject matter
hereof, and supersede all previous written or oral
agreements between the parties with respect to such
subject matter. This Agreement shall be construed in
accordance with the laws of the State of Florida,
without regard to its conflict of laws rules. No
waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section
headings used herein are for convenience only and
shall not be given any legal import.
13.
Copyrights
and Copyright Agent
AsktheMarriedguy.com
respects the rights of all copyright holders and in
this regard, AsktheMarriedguy.com has adopted and
implemented a policy that provides for the termination
in appropriate circumstances of subscribers and
account holders who infringe the rights of copyright
holders. If you believe that your work has been copied
in a way that constitutes copyright infringement,
please provide AsktheMarriedguy.com's Copyright Agent
the following information required by the Online
Copyright Infringement Liability Limitation Act of the
Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:
1. A physical or electronic signature of a person
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to
have been infringed, or, if multiple copyrighted works
at a single online site are covered by a single
notification, a representative list of such works at
that site;
3. Identification of the material that is claimed to
be infringing or to be the subject of infringing
activity and that is to be removed or access to which
is to be disabled, and information reasonably
sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to
contact the complaining party;
5. A statement that the complaining party has a
good-faith belief that use of the material in the
manner complained of is not authorized by the
copyright owner, its agent, or the law;
6. A statement that the information in the
notification is accurate, and under penalty of
perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that
is allegedly infringed.
For
any questions or requests regarding copyright and
related issues, please contact:
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