|
|
|
|
|
|
|
|
1. Acknowledgement
and Acceptance of Terms of Service |
The InternetEmployee web
site ("Web Site") is owned and operated
by Hello Veronica, LLC ("Hello Veronica"),
and is provided to you ("User") under
the terms and conditions of this InternetEmployee
Terms of Service ("IETOS") and any operating
rules or policies that may be published or posted
herein by InternetEmployee. The IETOS comprises
the entire agreement between User and InternetEmployee
and supersedes all prior agreements between the
parties regarding the subject matter contained
herein. BY COMPLETING THE QUICK SETUP FORM AND
CLICKING THE "SUBMIT" BUTTON, THE USER
IS INDICATING HIS OR HER AGREEMENT TO BE BOUND
BY THE IETOS.
|
2. Description of Web
Site |
InternetEmployee is providing
User with a capability to transmit documents and
an associated address list ("Job") to
InternetEmployee for processing and delivery.
All information requested on an original Quick
Setup Form shall be referred to as registration
data ("Registration Data"). If any Registration
Data or other information provided by User is
false or inaccurate, InternetEmployee retains
the right to terminate User's membership and rights
to use the Web Site. User's right to use the Web
Site is personal to User and subject to the IETOS.
User agrees not to sell, lease or otherwise dispose
of its right or license to use the Web Site without
the express prior written consent of InternetEmployee.
|
3. Job Warranty |
If InternetEmployee fails
to process a Job in accordance with the specifications
submitted by User and accepted by InternetEmployee,
then InternetEmployee shall repeat the Job in
whole or in part as the case may be, at no expense
to User. If a repeat Job is not feasible, then
InternetEmployee shall issue a credit to the extent
of any portion of the Job not processed satisfactorily.
This warranty is the only warranty applicable
to the web site, and is expressly in lieu of all
other warranties, expressed or implied, including
any implied warranty of merchantability or fitness
for a particular purpose. A repeat job in whole
or in part, or credit if appropriate, is user's
sole remedy for breach of this warranty.
This warranty will not apply in those cases where
failure to perform the job properly resulted from
errors in information supplied by user.
Internetemployee does not assume responsibility
for any direct or indirect damages that user may
incur by reason of failure of performance, including
incidental, compensatory, consequential, or punitive
damages.
|
4. Information; Web
Site Warranty |
Internetemployee is providing
this web site and its contents on an "as
is" basis and makes no representations or
warranties of any kind with respect to this site
or its contents. Internetemployee disclaims all
such representations and warranties, including,
but not limited to, warranties of merchantability
and fitness for a particular purpose. In addition,
internetemployee does not represent or warrant
that the information accessible via this site
is accurate, complete or current. The web site
and those web sites that link from and to it could
include technical or other inaccuracies. It is
user's responsibility to verify any information
before relying on it.
Price and availability information is subject
to change without notice. User assumes all responsibility
and risk for the use of the Web Site and the Internet
generally. Except as specifically stated on this
Web Site, neither InternetEmployee nor any of
its directors, officers, employees, agents or
other representatives will be responsible for
any claims or liable for any damages arising out
of or in connection with the use of this site.
This is a comprehensive limitation of liability
that applies to all damages of any kind, including
(without limitation) compensatory, direct, indirect,
consequential or punitive damages, loss of data,
income or profit, loss of or damage to property
and claims of third parties.
|
5. User Conduct |
User is solely responsible
for the contents of his or her transmissions through
the Web Site. User's use of the Web Site is subject
to all applicable local, state, national and international
laws and regulations. User agrees: (1) not to
use the Web Site for illegal purposes; (2) not
to interfere or disrupt networks connected to
the Web Site; (3) to comply with all regulations,
policies and procedures of networks connected
to the Web Site; (4) not to transmit through the
Web Site any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature;
(5) not to transmit any material that encourages
or aids and abets a criminal offense or gives
rise to civil liability; or (6) not to gain unauthorized
access to other computer systems. InternetEmployee
may, in its sole discretion, immediately terminate
User's right to use the Web Site should User's
conduct fail to conform to the IETOS.
|
6. Security |
User agrees to comply with
any security processes and procedures (such as
passwords) specified by InternetEmployee with
respect to accessing or using the Web Site. Further,
User agrees not to access or attempt to access
any areas of or through the Web Site which are
not intended for the general public, unless User
has been provided with explicit written authorization
to do so by InternetEmployee. User should review
InternetEmployee's Privacy
Policy, which also governs User's visits to,
and use of, the Web Site to understand InternetEmployee's
privacy practices.
|
7.
Indemnification |
User agrees to defend,
indemnify and hold InternetEmployee, its subsidiaries,
affiliates, directors, officers and employees,
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to
or arising out of User's use of the Web Site,
the violation of the IETOS by User, or the infringement
by User, or other user of the Web Site using User's
computer, of any intellectual property or other
right of any person or entity.
|
8.
Modification; Termination |
InternetEmployee may modify
or terminate the IETOS or Web Site with or without
cause at any time. InternetEmployee shall not
be liable to User or any third party for modification
or termination of the Web Site or IETOS.
User's continued use of the Web Site constitutes
an affirmative:
(i) acknowledgement by User of the IETOS and/or
Web Site and its modifications, and (ii) agreement
by User to abide by and be bound by the IETOS
and/or Web Site and its modifications. Should
User object to the Web Site, the IETOS or any
subsequent modifications thereto, User's only
recourse is to immediately: (x) discontinue use
of the Web Site; (y) terminate Web Site membership;
and (z) notify InternetEmployee of such termination.
Upon termination of the Web Site membership, User
shall cease all use thereof and shall have no
right to receive, and InternetEmployee will have
no obligation thereafter to forward, any unread
or unsent messages to User or any third party.
|
9. Notice |
All notices to a party
shall be in writing and be made either via email
or conventional mail. InternetEmployee may post
notices or messages through the Web Site to inform
User of changes to the IETOS, the Web Site, or
other matters of importance.
|
10.
Proprietary Rights to Content |
User acknowledges that
all content, including but not limited to text,
software, music, sound, photographs, video, graphics
or other material presented to User by the Web
Site and resident thereon ("Content"),
is protected by copyright, trademark, patent or
other intellectual property or trade secret law.
User is only permitted to use this Content as
expressly authorized by the Web Site and may not
copy (other than page caching), reproduce, distribute,
modify, mirror or create derivative works from
this Content without the express written authorization
of InternetEmployee. "InternetEmployee"
and the "InternetEmployee" logo are
registered trademarks of InternetEmployee. User
agrees not to use any meta-tags or any other "hidden
text" utilizing InternetEmployee's name or
trademarks without the express written consent
of InternetEmployee. Nothing contained herein
shall be construed as conferring upon User any
license or right under any InternetEmployee copyright,
patent, trademark or trade secret.
|
11.
Confidentiality |
Any material or information,
including but not limited to, Job specifications,
prices, quotes, status of Job orders, or delivery
schedules, provided by InternetEmployee in connection
with the use of this Web Site shall be proprietary
and confidential information of InternetEmployee
and neither User nor any other person shall use
such information for their own benefit, and User
shall not disclose any such information to any
other person or entity unless specifically authorized
to do so in writing by InternetEmployee.
|
12. Linked Sites and
Endorsements |
This Web Site may contain
links to other Internet sites not under the control
of InternetEmployee and accordingly, InternetEmployee
(x) makes no representations whatsoever concerning
the content of those sites, and (y) specifically
disclaims any endorsement, authorization or sponsorship
thereof. InternetEmployee is providing these links
only as a convenience to User.
User agrees: (i) not to use any of InternetEmployee's
names, logos, designs, slogans, trademarks, or
service marks in or with User's links; (ii) not
to present a link to the Web Site in any way that
suggests InternetEmployee has any relationship
or affiliation with User's site or endorses, sponsors
or recommends the information, products or services
on User's site; (iii) to only link to the home
page of this Web Site; and (iv) not to incorporate
any content from this Web Site into its site through
in-lining, framing, or any related technique.
|
13. Miscellaneous |
The IETOS shall be governed
by and construed in accordance with the laws of
the state of New York, excluding its conflict
of law provisions. User and InternetEmployee agree
to submit to the exclusive jurisdiction of the
courts of Stark County, or any federal court located
within the Northern District of New York, and
User waives any objection based on forum non conveniens
or venue with respect to such jurisdiction in
New York. If any provision(s) of the IETOS is
held by a court of competent jurisdiction to be
contrary to law, then such provision(s) shall
be construed, as nearly as possible, to reflect
the intentions of the parties with the other provisions
remaining in full force and effect. InternetEmployee's
failure to exercise or enforce any right or provision
of the IETOS shall not constitute a waiver of
such right or provision unless acknowledged and
agreed to by InternetEmployee in writing. User
agrees that any claim against InternetEmployee
arising out of or related to this Web Site must
commence within one (1) year after the cause of
action arose; otherwise, such cause of action
is permanently barred. The section titles in the
IETOS are solely used for the convenience of the
parties and have no legal or contractual significance.
|
|
|
 |
|
|
|