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Terms of Use
Important.
These conditions of use govern your use of this site, which
is provided by
BestECash.com.
By accessing this site, you are indicating your
acknowledgement and acceptance of these conditions of use.
These conditions of use are subject to change at any time by
our discretion. Your use of this site after such changes are
implemented constitutes your acknowledgement and acceptance
of the changes. Please refer to these terms of use
regularly.
This Web site
(the "Site") is offered by BestECash.com, to User/Member. Use of
this Site in any manner and to any extent constitutes
User/Member agreement to abide by the following terms and
conditions (the "Terms"). BestECash.com may modify the Terms at
any time/or reason and you will be notified of such changes if
you are a member and if the changes effect your membership. Your
use of the Site constitutes your acceptance of such changes and
agreements contained herein. BestECash.com reserves the right to
deny access to this Site to anyone at any time.
Use of Site. You may view and
download the materials at this Site only for your personal use.
You must retain all copyright, trademark, and other proprietary
notices contained in the original materials on any copy of the
materials. You may not modify the materials at this Site in any
way. You may not copy, reproduce, publish, publicly display,
transfer, sell or offer for sale, distribute, enter in a
database, or create derivative works from the materials or use
them in any way for any public or commercial purpose. You may
not copy this material, by any means (including electronic
copies), for distribution to others unless you have purchased
the appropriate number of copies. Any party receiving a copy of
the material is bound by these use restrictions and may not copy
or further distribute the material. Any use of these materials
on any other Web site or networked computer environment
(including any personal network or email distribution) for any
use is prohibited. Any unauthorized use of copyrighted materials
may violate copyright, trademark, and other laws. You may not
use materials from the Site in a manner that violates the
Copyright Act (17 U.S.C.A. 21) and/or the fair use exception of
that Act. You may not transfer, sell, assign, or otherwise
transfer your rights or obligations under this Agreement. By
using this Site, you promise
BestECash.com
that you will not use this Site for any unlawful or prohibited
purposes.
Use at Your Own Risk. This Site
contains information, advice, opinions, links to third-party Web
sites, and material from third-party information and content
providers. Neither
BestECash.com
nor these third-party providers represent or endorse the
accuracy, completeness, or reliability of any advice, opinion,
statement, or other information presented on this Site by
BestECash.com, third-party providers, third-party Web sites, or
by any other person or entity to you. Neither BestECash.com nor
its third-party information or content providers, nor any of
their respective affiliates, agents, or employees, shall be
liable to any User or anyone else for any inaccuracy, error,
omission, interruption, timeliness, completeness, usefulness,
validity, deletion, defect, failure of performance, computer
virus, communication line failure, or alteration of or use of
any content or link herein, regardless of cause, or for any
damages resulting there from. You rely upon and use this Site,
including links, opinion, advice, statements, or any other
information presented here, at your own risk and your sole
remedy, if dissatisfied, is to discontinue use of this Site.
Right to Make Changes.
BestECash.com
(and in certain instances, its third-party providers) has the
exclusive right to change, discontinue, or supplement any aspect
of BestECash.com service and information at any time without
notice to User. For example, BestECash.com may change the
offering, the format, the content, the hours of availability,
the pricing, the equipment needed for access, and the usage
rights without notice. BestECash.com may choose to notify you of
some changes by means including, but not limited to, posting on
the Web site, notification by email, or other means. Your use
after such notice shall be conclusively deemed to be acceptance
of those changes. You agree to review the Terms and conditions
of this Agreement periodically to be aware of changes. You also
agree that changes to your email address or failure to provide a
current email address may result in your inability to receive
such notice, and so you waive your right to be notified should
BestECash.com not be provided your current email address.
Members
acknowledge that you have read the terms and conditions of use
and that you accept the terms thereof. If you do not agree to
these terms and conditions of use, you may not access or
otherwise use this Web Site.
We may monitor
your use of this Web Site, and may freely use and disclose any
information and materials received from you or collected through
your use of the Web Site for any lawful reason or purpose, in
accordance with the guidelines set forth in its Privacy Policy.
We reserve the
right, at its sole discretion, to change, modify, add or remove
any portion of this Agreement, in whole or in part, at any time.
Website at any time, including the availability of any Web Site
feature, database, or Content. The following policy governs the
use of the Web Site by you. You represent, warrant and covenant
that: (a) you shall not upload, post or transmit to or
distribute or otherwise publish through the Web Site any
materials which (i) restrict or inhibit any other user from
using and enjoying the Web Site, (ii) are unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, offensive,
pornographic, profane, sexually explicit or indecent, (iii)
constitute or encourage conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate the
law, (iv) violate, plagiarize or infringe the rights of third
parties including, without limitation, copyright, trademark,
patent, rights of privacy or publicity or any other proprietary
right, (v) contain a virus or other harmful component, (vi)
contain any information, software or other material of a
commercial nature, (vii) contain advertising of any kind, or
(viii) constitute or contain false or misleading indications of
origin or statements of facts; and (b) that you are at least
eighteen (18) years old.
You hereby agree
to indemnify, defend and hold , and all its officers, directors,
owners, agents, employees, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified
Parties") harmless from and against any and all liability and
costs incurred by the indemnified Parties in connection with any
claim arising out of any breach by you of the Agreement or the
foregoing representations, warranties and covenants, including,
without limitation, attorneys fees and costs. You shall
cooperate as fully as reasonably required in the defense of any
claim. We reserve the right, at its own expense, to assume the
exclusive defense and some are offered as, control of any matter
otherwise subject to indemnification by you and you shall not in
any event settle any matter without the written consent.
The Web Site
contains links and pointers to the other related World Wide Web
Internet sites, resources, and sponsors of the Web Site. Links
to and from the Web Site to other third party sites, maintained
by third parties, do not constitute an endorsement by or any of
its subsidiaries, and some are offer available for members. or
affiliates of any third party resources, or their contents.
We do not
represent or endorse the accuracy or reliability of any advice,
opinion, statement, or other information displayed or
distributed through the Web Site. You acknowledge that any
reliance upon any such opinion, advice, statement, memorandum,
or information shall be at your sole risk. We reserve the right,
in its sole discretion, to correct any errors or omissions in
any portion of the BestECash.com Web Site.
Your Liability. You shall
indemnify and hold harmless
BestECash.com
and all those related to its immediate operations, including
affiliates, from and against any and all losses, expenses,
damages, and costs, including reasonable attorneys' fees which
result from your misuse of this Site in any fashion, any
violation of these Terms, or the failure to fulfill your
obligations here. BestECash.com may take over the exclusive
defense of any claim for which we are entitled to
indemnification under this Paragraph. In such event, you will
cooperate fully with us. BestECash.com may also terminate this
Agreement and your future use of this Site, with or without
notice. In the event of termination, the restrictions imposed
upon you with respect to material downloaded from the Site, the
disclaimers, and limitations of liabilities set forth in this
agreement survive. You must return or destroy any previously
accessed or archived material within 24 hours of termination.
Disclaimer and Liability Limitation.
ALL MATERIALS AND SERVICES IN THIS SITE AND THIRD-PARTY SITES
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
BestECash.com
AND ITS CONTENT PROVIDERS, TO THE FULLEST EXTENT ALLOWED BY LAW,
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTS OF TITLE, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. BestECash.com DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR
THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. USER ASSUMES THE ENTIRE COST OF ANY
NECESSARY MAINTENANCE, REPAIR, OR CORRECTION. ADDITIONALLY, NO
AFFIRMATIVE REPRESENTATIONS ARE MADE REGARDING THE SUITABILITY
OF THE INFORMATION OR THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT,
GRAPHICS, LINKS TO THIRD-PARTY WEB SITES, OR OTHER ITEMS
CONTAINED WITHIN THIS SITE OR THE RESULTS OBTAINED FROM
ACCESSING AND USING THIS SITE AND ITS OFFERINGS. IN NO EVENT
WILL BestECash.com, ITS SUPPLIERS, OR OTHER THIRD PARTIES
MENTIONED OR FEATURED ON THIS SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF USE, INABILITY TO USE, OR
THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS
SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL
SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR OTHER
LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOUR ONLY REMEDY IS TO DISCONTINUE YOUR USE OF THE
SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LAW MAY NOT
APPLY TO YOU. YOU EXPRESSLY ACKNOWLEDGE THAT THIS PARAGRAPH
SHALL ALSO APPLY TO THIRD-PARTY CONTENT.
U.S. Government Restricted Rights.
Government users will receive no greater than Restricted Rights
as defined in FAR 52.227-14, FAR 52.227-19(c) (Jun 1987), or
DFAR 252.227-7013(c)(1)(ii)(Oct 1988), DFAR 252.221-7015(c) (May
1991), DFAR 252.227-7014, or DFAR 252.227-7018 as applicable in
any Software at this Site. Government users will secure no
greater than limited rights as defined in FAR 52.227-14, DFAR
252.227-7015, DFAR 252.227-7018, or DFAR 252.227-7013 as
applicable in any technical data in this Site.
Applicable Laws.
BestECash.com
and its content providers make no representation to you that
materials at this Site are appropriate or available for use
outside the United States, and access to them from territories
where their contents are illegal is prohibited. You may not
purchase, use, export, or re-export the materials at this Site
or any copy or adaptation in violation of any applicable laws or
regulations, including without limitation U.S. export laws and
regulations. If you choose to access this Site from outside the
United States, you do so on your own initiative and are
responsible for compliance with applicable local laws. These
Terms will be governed and construed in accordance with the laws
without giving effect to any principles of conflicts of laws.
Any action to enforce this Agreement shall be brought in the
federal or state courts. Inclusion of all Terms. All other
notices, policies, disclaimers, and other terms contained in
this Site are incorporated here by reference. In the event of a
conflict between such other terms and these Terms, these Terms
shall control Severability. If any provision is deemed to be
unlawful or unenforceable, that shall not affect the validity
and enforceability of the remaining provisions.
All Rights Reserved. Any rights
not expressly granted herein are reserved.
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