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Terms of Use
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement
was last updated on January 10,2006
This Terms of Use Agreement sets forth the
standards of use of the Gold Vein Marketing, LLC Online Service.
By using the this website you (the “User”) agree to these terms
and conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage of
this website. We reserve the right, at any time, to modify,
alter, or update the terms and conditions of this agreement
without prior notice. Modifications shall become
effective immediately upon being
posted at this website. Your continued use of the Service
after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as
provided in this paragraph, this Agreement may not be amended.
1.
Description of Service
Gold Vein
Marketing, LLC is providing User with websites. User must
provide (1) all equipment necessary for their own Internet
connection, including computer and modem and (2) provide for
User’s access to the Internet, and (3) pay any fees relate with
such connection.
2.
Disclaimer of Warranties.
The site is
provided by Gold Vein Marketing, LLC on an “as is” and on an “as
available” basis. To the fullest extent permitted by applicable
law, Gold Vein Marketing, LLC makes no representations or
warranties of any kind, express or implied, regarding the use or
the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. Gold Vein Marketing, LLC
shall have no liability for any interruptions in the use of this
Website. Gold Vein Marketing, LLC disclaims all warranties with
regard to the information provided, including the implied
warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do not allow
the exclusion of implied warranties, therefore the
above-referenced exclusion is inapplicable.
3.
Limitation of Liability
Gold Vein
Marketing, LLC SHALL NOT
be liable for any damages whatsoever, and in particular Gold
Vein Marketing, LLC shall not be liable for any special,
indirect, consequential, or incidental damages, or damages for
lost profits, loss of revenue, or loss of use, arising out of or
related to this web site or the information contained in it,
whether such damages arise in contract, negligence, tort, under
statute, in equity, at law, or otherwise, even if Gold Vein
Marketing, LLC has been advised of the possibility of such
damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4.
Indemnification
User agrees to indemnify and hold Gold Vein
Marketing, LLC, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third party
due to or arising out of User’s use of the Service, the
violation of this Agreement, or infringement by User, or other
user of the Service using User’s computer, of any intellectual
property or any other right of any person or entity.
5.
Modifications and Interruption to Service
Gold Vein Marketing, LLC reserves the right to
modify or discontinue the Service with or without notice to the
User. Gold Vein Marketing, LLC shall not be liable to User or
any third party should Gold Vein Marketing, LLC exercise its
right to modify or discontinue the Service. User acknowledges
and accepts that Gold Vein Marketing, LLC does not guarantee
continuous, uninterrupted or secure access to our website and
operation of our website may be interfered with or adversely
affected by numerous factors or circumstances outside of our
control.
6.
Third-Party Sites
Our website may include links to other sites
on the Internet that are owned and operated by online merchants
and other third parties. You acknowledge that we are not
responsible for the availability of, or the content located on
or through, any third-party site. You should contact the site
administrator or webmaster for those third-party sites if you
have any concerns regarding such links or the content located on
such sites. Your use of those third-party sites is subject to
the terms of use and privacy policies of each site, and we are
not responsible therein. We encourage all Users to review said
privacy policies of third-parties’ sites.
7.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information
have either been provided by the Vendors or collected from
publicly available sources. While Gold Vein Marketing, LLC
makes every effort to ensure that the information on this
website is accurate, we can make no representations or
warranties as to the accuracy or reliability of any information
provided on this website.
Gold Vein Marketing, LLC makes no warranties
or representations whatsoever with regard to any product
provided or offered by any Vendor, and you acknowledge that any
reliance on representations and warranties provided by any
Vendor shall be at your own risk.
8.
Governing Jurisdiction of the Courts Nevada
Our website is operated and provided in the
State of Nevada. As such, we are subject to the laws of the
Nevada, and such laws will govern this Terms of Use, without
giving effect to any choice of law rules. We make no
representation that our website or other services are
appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to do so
subject to the internal laws of the Nevada.
9.
Compliance with Laws.
User assumes all knowledge of applicable law
and is responsible for compliance with any such laws. User may
not use the Service in any way that violates applicable state,
federal, or international laws, regulations or other government
requirements. User further agrees not to transmit any material
that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any
applicable local, state, national, or international law or
regulation.
10.
Copyright and Trademark Information
All content included or available on this
site, including site design, text, graphics, interfaces, and the
selection and arrangements thereof is ©2005 Gold Vein Marketing,
LLC.com, will all rights reserved, or is the property of Gold
Vein Marketing, LLC and/or third parties protected by
intellectual property rights. Any use of materials on the
website, including reproduction for purposes other than those
noted above, modification, distribution, or replication, any
form of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission of an
authorized officer of Gold Vein Marketing, LLC is strictly
prohibited. Users agree that they will not use any robot,
spider, or other automatic device, or manual process to monitor
or copy our web pages or the content contained therein without
prior written permission of an authorized officer of Gold Vein
Marketing, LLC.
Gold Vein Marketing, LLC™ are proprietary
marks of Gold Vein Marketing, LLC. Gold Vein Marketing, LLC’s
trademarks may not be used in connection with any product or
service that is not provided by Gold Vein Marketing, LLC, in any
manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits Gold Vein Marketing,
LLC.
All other trademarks displayed on Gold Vein
Marketing, LLC’s website are the trademarks of their respective
owners, and constitute neither an endorsement nor a
recommendation of those Vendors. In addition, such use of
trademarks or links to the web sites of Vendors is not intended
to imply, directly or indirectly, that those Vendors endorse or
have any affiliation with Gold Vein Marketing, LLC.
11.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright
Revision Act, as enacted through the Digital Millennium
Copyright Act, Gold Vein Marketing, LLC designates the following
individual as its agent for receipt of notifications of claimed
copyright infringement.
By Mail
Gold Vein Marketing, LLC
926a Diablo Avenue, Box 405
Novato, California
95947
USA
By Telephone: 509-562-2528
By Email: Please fill out the form below.
12.
Botnets
Gold Vein Marketing, LLC retains the right, at
our sole discretion, to terminate any accounts involved with
botnets and related activities. If any hostnames are used as
command and control points for botnets, Gold Vein Marketing, LLC
reserves the right to direct the involved hostnames to a
honeypot, loopback address, logging facility, or any other
destination at our discretion.
13.
Other Terms
If any provision of this Terms of Use
Agreement shall be unlawful, void or unenforceable for any
reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall remain valid
and enforceable to the maximum possible extent. You agree that
this Terms of Use Agreement and any other agreements referenced
herein may be assigned by Gold Vein Marketing, LLC, in our sole
discretion, to a third party in the event of a merger or
acquisition. This Terms of Use Agreement shall apply in
addition to, and shall not be superseded by, any other written
agreement between us in relation to your participation as a
User. User agrees that by accepting this Terms of Use
Agreement, User is consenting to the use and disclosure of their
personally identifiable information and other practices
described in our Privacy Policy Statement
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