IMPORTANT! PLEASE READ THESE TERMS OF USE (THE "TERMS") CAREFULLY
BEFORE USING WWW.UNLIMITEDVESSELS.COM (THE "WEB SITE"), AS IT
AFFECTS AND GOVERNS YOUR USE OF THIS WEB SITE AND YOUR LEGAL RIGHTS AND
OBLIGATIONS. You agree to these Terms by accessing this Web Site. IF YOU
DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
You agree to comply with all rules, laws and regulations that are applicable
to your use of the Web Site, including, without limitation, those governing
your transmission or use of any software or data.
TABLE OF CONTENTS:
Ownership of Contents/License
Copyrights
Changes to Site/Terms
User Accounts
Restrictions on Use
Disclaimers/Limitations on Liability
Earnings and Income Disclaimers
No Personal Advice
Indemnification
Third Parties/No Endorsement
Location
Termination
Additional Terms
Contact Us
Effective Date
OWNERSHIP OF CONTENTS/LICENSE
The Web Site is owned and operated by Unlimited Vessels
Publishing, Inc. ("Company," "us" or "we").
This Web Site and all of its current and future content, such as articles,
opinions, other text, directories, guides, photographs, illustrations,
images, video and audio clips and advertising copy, as well as the trademarks,
logos, domain names, trade names, service marks, trade identities and
any and all copyrightable material (including source and object code)
and any other form of intellectual property (collectively, the "Content")
is owned by or licensed to Company or other authorized third parties and
is protected as intellectual property or otherwise. Except as expressly
set forth in these Terms, no rights (either by implication or otherwise)
are granted to you. You may only use the Content as expressly set forth
in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION,
REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING,
DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED.
Subject to your compliance with these Terms, Company
hereby grants you a limited, personal, non-exclusive, non-commercial,
revocable, and non-transferable license to access, download and view a
single copy of the Content. You must retain all copyright, trademark and
other proprietary notices contained in the original Content or any copy
you may make of the Content. You may not, nor may you allow or aid or
abet any third party (whether or not for your benefit) to copy or adapt
any code that comprises the Web Site's software, HTML, JavaScript, or
otherwise reverse engineer, decompile, reverse assemble, modify or attempt
to discover any source code used to generate the Web Site or any software
or other products or processes accessible through the Web site, nor insert
any code or product to manipulate the Content in any way that affects
any user's experience. Unless otherwise expressly authorized in these
Terms or on the Web Site, you further agree that you will not, in whole
or in part, modify, reproduce, archive, transfer by any means, create
derivative works from, publish in any form, online or offline, disseminate,
or circulate to any third-party, or otherwise use the Content in any way
for any public or commercial purpose.
COPYRIGHTS
If you believe that your work has been copied on the
Web Site in a way that constitutes copyright infringement, please promptly
notify us by email (info@unlimitedvessels.com)
or at the following postal address: P.O. Box 669, Powder Springs, GA 30127
and provide the following information:
- your name address, telephone number and email address;
- a description of the copyrighted work that you claim
has been infringed;
- a description of the copyrighted work that you claim
has been infringed;
- a description of where the material that you claim is
infringing is located on the Web Site;
- a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its
agent or the law;
- a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are either
the copyright owner or authorized to act on the copyright owner's behalf;
and
- an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest.
CHANGES TO SITE/TERMS
Company may add, change, discontinue, remove or suspend
any portion of the Web Site at any time, without notice. We reserve the
right, in our sole discretion, to modify, alter, or otherwise change these
Terms and will post any new or revised terms on the Web Site.
USER ACCOUNTS
Certain areas of the Web Site may ask you to create
an account or may otherwise ask you to provide information to participate
in certain features or to access certain content. The Web Site's practices
governing your personal information are disclosed in its Privacy
Policy. If you choose to provide information to the Web Site, you
agree to provide only true, accurate, current and complete information.
If you create an account, you agree to accept responsibility for all activities
that occur under your account or password, if any, and agree you will
not sell, transfer or assign your account. You are responsible for maintaining
the confidentiality of your password, if any, and for restricting access
to your computer so that others may not access any password protected
portion of the Web Site using your name in whole or in part.
RESTRICTIONS ON USE
As used in the Terms, "Affiliates" means
Company's other related companies, subsidiaries, licensors, divisions,
affiliates, directors, officers, partners, agents and assigns.
You agree not to do any of the following while using
the Web Site:
- upload or transmit viruses, Trojan horses or other harmful,
disruptive or destructive files or post material that interferes with
any third party's uninterrupted use and enjoyment of the Web Site.
- impersonate any person or entity, or otherwise disguise
the origin of any content transmitted through the Web Site or to Company,
including forging any TCP/IP packet header or any part of the header
information in any transmission to the Web Site for any reason;
- transmit or otherwise make available through the Web
Site any personal advertising, junk mail, spam, chain letters, pyramid
schemes or offer for sale of any products or services, except in areas
specifically designated for such purposes; or
- violate any applicable local, state, federal or international
law, rule or regulation.
DISCLAIMERS/LIMITATIONS ON LIABILITY
YOU UNDERSTAND AND AGREE THAT THIS WEB SITE AND ALL
CONTENT CONTAINED ON IT ARE DISTRIBUTED "AS IS," "AS AVAILABLE,"
"WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD
PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE
OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE
OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE
OTHER RIGHTS WHICH VARY BY JURISDICTION.
Company and the Affiliates make no representation or
warranty whatsoever regarding the completeness, accuracy, timeliness,
availability, or adequacy of any information, facts, views, opinions,
statements or recommendations contained on the Web Site or in the Content.
This Web Site may be unavailable due to maintenance or malfunction of
equipment.
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY
IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
NEITHER COMPANY NOR THE AFFILIATES ARE RESPONSIBLE
FOR ANY DAMAGE TO ANY USER'S COMPUTER, INCLUDING, WITHOUT LIMITATION,
DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD,
ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
EXCEPT WHERE PROHIBITED: YOU AGREE THAT COMPANY AND
THE AFFILIATES, AS APPLICABLE, ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES
OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES), WHETHER
BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT
LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF
GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THIS WEB SITE)
INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM OR IN CONNECTION
WITH: (1) THIS WEB SITE AND ITS CONTENT; (2) ANY ACTION TAKEN IN CONNECTION
WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING
YOUR USE OF THE WEB SITE; OR (3) ANY ERRORS OR OMISSIONS IN THE WEB SITE'S
TECHNICAL OPERATION, EVEN IF COMPANY OR THE AFFILIATES HAVE BEEN ADVISED
OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL COMPANY OR THE AFFILIATES
BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT
LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION
IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL COMPANY OR THE AFFILIATES
BE LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER
IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50).
EARNINGS & INCOME DISCLAIMERS
Unlimited Vessels Publishing Inc. (USA), UnlimitedVessels.com,
RighteouslyRich.com, Mark Freeman, Billy O'Neal, Tracie Cole and/or their
business partners, associates, representatives worldwide ('THE WEB
SITE OWNER') MAKES NO EXPRESS OR IMPLIED CLAIMS THAT YOU WILL MAKE MONEY
AS A RESULT OF PURCHASING THEIR SERVICES OR FOLLOWING THEIR ADVICE, OR
THE ADVICE GIVEN TO OTHERS WHO PARTICIPATE IN THEIR SERVICES.
THE WEB SITE OWNER DOES NOT IN ANY WAY IMPLY THAT YOU
OR ANY OTHER PERSON WHO USES THIS SERVICE WILL DUPLICATE OTHERS' SUCCESS,
WHICH IS NOT TYPICAL
THE WEB SITE OWNER DOES NOT KNOW THE PEOPLE WHO BUY
THIS SERVICE, THE WEB SITE OWNER DOES NOT KNOW THEIR WORK HABITS, NOR
THEIR BACKGROUND OR SKILL LEVEL, AND THEREFORE CAN MAKE NO PREDICTIONS
CONCERNING THE RESULTS THAT WILL BE ACHIEVED BY THE PEOPLE WHO PURCHASE
FROM THIS WEB SITE.
BY PURCHASING THIS SERVICE YOU HEREBY AGREE TO NEVER
ENGAGE IN A CHAIN MARKETING SCHEME, TO NEVER SEND UNSOLICITED COMMERCIAL
EMAIL, OR ENGAGE IN UNFAIR OR DECEPTIVE MARKETING PRACTICES OF ANY KIND.
THE SERVICE OFFERED ON THIS WEB SITE IS FOR EDUCATIONAL
AND INFORMATION PURPOSES ONLY. CHECK WITH YOUR LAWYER, ACCOUNTANT, OR
OTHER PROFESSIONAL ADVISOR BEFORE USING THIS INFORMATION.
YOU AGREE THAT THE WEB SITE OWNER IS NOT RESPONSIBLE
FOR ANY SUCCESS OR FAILURE THAT YOU OR YOUR BUSINESS MAY EXPERIENCE AS
A RESULT OF ANY INFORMATION PRESENTED BY THE WEB SITE OWNER OR ANY PRODUCTS
OR SERVICES OFFERED BY THE WEB SITE OWNER.
COMMON SENSE: YOU RECOGNIZE THAT ALL MARKETING AND
ANY BUSINESS ENDEAVOR ENCOMPASSES RISK.
YOU FREELY AND OF YOUR OWN WILL RISK ANY AND ALL CAPITAL YOU MAY CHOOSE
TO SPEND IMPLEMENTING CONCEPTS OUTLINED WHILE USING THIS SERVICE.
YOU WILL DO SO WITH SKILL AND COMMON SENSE. YOU WILL
NOT HOLD THE WEB SITE OWNER LIABLE OR ACCOUNTABLE IN ANY WAY FOR ANY FAILURE
OF THE SERVICE TO LIVE UP TO YOUR EXPECTATIONS.
Your use of and browsing in the Site and/or purchasing
any product(s) or services is at your own risk. Neither THE WEB SITE OWNER
nor any other party involved in creating, producing, or delivering the
Site is liable for any direct, incidental, consequential, indirect, or
punitive damages arising out of your access to, or use of, the Site or
Service. Without limiting the foregoing, everything on the Site and included
in the Service is provided to you "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow the
exclusion of implied warranties, so some of the above exclusions may not
apply to you. Check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties.
NO PERSONAL ADVICE
This Web Site and its Content is for informational
and entertainment purposes only and is not intended to replace or substitute
for any professional financial, medical, legal, or other advice. In addition
to the "Disclaimer/Limitation on Liability" paragraph above,
Company and the Affiliates make no representations or warranties and expressly
disclaim any and all liability concerning any treatment or action by any
person following the information offered or provided within or through
the Web Site. If you have specific concerns or a situation in which you
require professional or medical advice, you should consult with an appropriately
trained and qualified specialist.
INDEMNIFICATION
By using this Web Site, you agree to indemnify, defend
and hold harmless Company and the Affiliates from and against any actual
or alleged claims, demands, causes of action, judgments, damages, losses,
liabilities, and all costs and expenses of defense (including, without
limitation, reasonable attorneys' and other legal fees and costs) arising
out of or relating to: (1) your violation of these Terms or any law, rule
or regulation; (2) a claim that is based on your use of the Content; or
(3) any content uploaded by you or through your computer to the Web Site
or otherwise sent by you to Company. You will cooperate as fully and reasonably
as required by Company or the Affiliates in the defense of any claim.
Company reserves the right to assume the exclusive defense and control
of any matter subject to indemnification by you, and you will not in any
event settle any claim without the prior written consent of Company.
THIRD PARTIES/NO ENDORSEMENT
This Web Site may provide links to third-party web
sites, and certain areas of the Web Site may allow you to conduct transactions
or purchase goods or services from or through a third-party. Third-parties
and third-party web sites may have different privacy policies, terms and
conditions and business practices than we do. Your dealings or communications
through the Web Site with any party other than Company are solely between
you and that third party. We do not endorse, verify, make any representations,
or take responsibility for the content, truthfulness, accuracy, quality
or completeness of the content or activities conducted on any third party
web sites. Any complaints, concerns or questions you may have relating
to materials provided by third parties should be forwarded directly to
the third party. YOU AGREE THAT COMPANY AND THE AFFILIATES WILL NOT, UNDER
ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR
ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD
PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR
FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION
WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS
PRACTICES OF ANY THIRD PARTY. Reference on the Web Site to any product,
process, publication or service of any third party by trade name, domain
name, trademark, trade identity, service mark, trade identity, logo, manufacturer
or otherwise does not constitute or imply its endorsement or recommendation
by Company or the Affiliates. Users are requested to inform Company of
any errors or inappropriate material found on web sites to which this
Web Site is or may be linked.
LOCATION
Company operates this Web Site in the United States.
Information contained on this Web Site may not be appropriate or available
for use in other locations, and access to this Web Site where the content
of the Web Site may be illegal is prohibited. If you access this Web Site
from other locations, you do so on your own initiative and you are solely
responsible for compliance with applicable laws. These Terms will be construed
and enforced in accordance with the laws of the State of Georgia, without
regard to its conflicts of law principles, and specifically will not be
governed by the United Nations Conventions on Contracts for the International
Sale of Goods, if otherwise applicable. Any cause of action filed by you
with respect to the Terms or your use of this Web Site must be filed in
the Cobb County, City of Powder Springs, State of Georgia within ninety
(90) days after the occurrence of the facts giving rise to the cause of
action, otherwise the cause will be forever barred. You hereby consent
and submit to the exclusive jurisdiction and venue of the courts located
in Cobb County, City of Powder Springs, State of Georgia for any cause
of action arising under these Terms or related to the Web Site.
TERMINATION
You understand and agree that Company will determine
your compliance with these Terms in its sole discretion. Company reserves
the right to deny access to all or part of the Web Site to any person
in its sole discretion. Any violation of these Terms may be referred to
law enforcement authorities. Upon termination of your user account or
access to the Web Site, or upon demand by Company, you must destroy all
materials obtained from this Web Site and all related documentation.
ADDITIONAL TERMS
If any provision of these Terms is found to be invalid
by any court having competent jurisdiction, the invalidity of such provision
will not affect the validity of the remaining provisions of these Terms,
which will remain in full force and effect. No waiver of any of these
Terms will be of any force or effect unless made in writing and signed
by a duly authorized officer of Company. The section titles in these Terms
are for your convenience only and do not have any legal or contractual
effect.
CONTACT US
If you have any questions, comments or concerns about
our Web Site or these Terms of Use, you may contact us at the following
address:
Unlimited Vessels Publishing Inc.
P.O. Box 669
Powder Springs, GA 30127
EFFECTIVE DATE
The EFFECTIVE DATE of these Terms is September 15,
2005.
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