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Rules Of DeadBeats1.net
Terms & Conditions
END-USER LICENSE AGREEMENT
For Online Use of Deadbeats1.net™
Terms of Service
IMPORTANT. READ THE ENTIRE DOCUMENT TO THE BOTTOM OF THIS PAGE!
This End-User License Agreement (EULA) is a binding contract between you ("USER") and deadbeats1.net.
1. USER OBLIGATIONS.
The information contained in this web site is provided as a service. This web site acts as a conduit for its users to interact and exchange information of mutual interest. All information contained in this web site is the property of the companies that post it. At all times, the USER is responsible for all content included in the database included herein.
USER further acknowledges that USER is granted online access to the deadbeats1.net database in consideration of and only upon USER's agreement to the terms and conditions set forth below. In consideration of the grant to USER by deadbeats1.net of access to the deadbeats1.net database, USER shall assent to the terms of this EULA and agrees to use the deadbeats1.net database only as expressly permitted by this EULA.
USER understands and acknowledges that title to the deadbeats1.net database, and all copyrights and other rights therein, at all times are and will remain solely and exclusively in deadbeats1.net. USER agrees not to remove, destroy, deface or otherwise alter any legends, notices statements or marks indicating deadbeats.net's ownership or the restrictions contained in this EULA on use of the deadbeats1.net database that are contained or displayed on any screens or printouts.
USER agrees that USER will not, during the term of this EULA or at any time thereafter, directly or indirectly engage in or take or refrain from taking any action or inaction which may in any way lead to the unauthorized dissemination, reproduction or use of the Deadbeats1.net database by any third party, nor use the same for USER's own commercial benefit (except as expressly permitted under the terms of this EULA).
USER agrees not to copy or duplicate or permit any other person or entity to copy or duplicate any portion of or the entire deadbeats1.net database except as expressly permitted under the terms of this EULA. USER further agrees not to swap, rent, sublicense, transfer, sell, upload, download, display or offer the deadbeats1.net database to any other person or entity in any medium or nature whatsoever, except as expressly permitted under the terms of this EULA.
USER agrees to notify Deadbeats1.net immediately of any unauthorized use of the deadbeats1.net database. The notice shall include, but not be limited to, the names and addresses of the unauthorized user(s).
USER understands that, upon termination of this EULA for any reason, USER has no right to use the deadbeats1.net database and agrees to cease all use whatsoever of the deadbeats1.net database, except for such portions of the deadbeats1.net database as have been legitimately downloaded by USER during the term hereof, and then only as permitted herein.
USER also warrants and represents that none of the USER’S listing in the deadbeats1.net database are consumers, and that USER will only list legitimate business debts in the deadbeats1.net database. USER further warrants represents that none of the listings placed by the USER in the deadbeats1.net database violate any of the provisions of the Fair Debt Collection Practices Act.
USER also warrants and represents that nothing contained in the Deadbeats1.net database is untrue or inaccurate, or listed for any reason other than for the legitimate purposes of attempting to collect legitimate business debts owed to the USER.
2. LICENSE GRANT: Subject to the terms and conditions of this EULA, deadbeats1.net, hereinafter referred to as "Licensor," grants to USER a non-exclusive, nontransferable limited license to use the deadbeats1.net database (hereinafter "the Product") as follows:
2.1. Searches by USERS. USER is licensed to undertake searches of the Product for the benefit of USER or the benefit of clients of USER.
2.2. Printouts and Copies. USER may not download, upload, publish, distribute, transmit or sell any materials retrieved through use of the Product except to the extent permitted under this EULA.
2.2.1. Definition of Printout. In this EULA, "printout" means a visually readable copy which may be displayed on screen or printed on paper.
2.3. Internal Use by USER. USER is licensed to create printouts or electronic copies of small portions of the data contained within the Product only for USER's internal purposes, for research or related work.
2.4. Work Product. When USER finds it necessary, USER may create printouts or electronic copies of small portions of the data contained within the Product for incorporation into USER's work product. This license does not permit USER to provide electronic or other digital copies of the data or portions of the data contained within the Product to third parties for any other reason. This clause does not permit USER to create or provide printouts of data contained within the Product which exceed the use permitted by 17 U.S.C. §107 (the "fair use" privilege) or successor legislation.
3. TERMINATION OF LICENSE.
3.1. This EULA will terminate upon termination or cancellation of USER's membership in deadbeats1.net. It will also terminate without notice in the event Licensor elects, in its sole discretion, to cease offering the deadbeats1.net product.
3.2. USER may terminate this EULA at any time by giving written notice to Licensor. Licensor may terminate this EULA immediately upon USER's breach of a material term of this EULA, or for any reason upon 30 days written notice to USER, which notice may be sent by mail or email to the mailing or email address in the Association's member records for USER.
3.3. Immediately upon termination of this EULA, USER will be denied online access to the Product.
4. OWNERSHIP. Except to the extent that a third party's materials or property are included in the Product, and this third party has copyright or other proprietary interests in such materials or property, all right, title, and interest in the Product including, but not limited to, all copyrights, are the exclusive property of deadbeats1.net.
5. LIMITATIONS ON LICENSED USE. USER acknowledges that the USER is responsible for all content included in the deadbeats1.net data base, and that the USER will be responsible for the legality of all content included in the deadbeats1.net data base. USER at all times shall treat the Product as proprietary information of Licensor and shall comply fully with the limitations on usage and distribution set forth above. Licensor's grant to USER of access to the Product is in consideration of USER's acknowledgment of these limitations and USER's agreement not to use or to allow third parties access to the Product, except as expressly provided in this EULA.
6. WARRANTIES, DISCLAIMER, AND LIMITATION OF LIABILITY.
General Limitation: EXCEPT AS EXPRESSLY STATED HEREIN, THE PRODUCT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability: THE AGGREGATE LIABILITY OF LICENSOR (AND ANY THIRD PARTY LICENSORS) FOR ANY CLAIM FOR DAMAGES UNDER ANY LEGAL THEORY SHALL BE LIMITED TO: (1) THE AMOUNT PAID BY USER FOR USER'S MEMBERSHIP IN THE ASSOCIATION FOR THE PERIOD DURING WHICH THE EVENT COMPLAINED OF OCCURRED. NEITHER LICENSOR, NOR ANY THIRD PARTY LICENSORS SHALL BE LIABLE TO USER FOR ANY CLAIM RELATING IN ANY WAY TO USER'S INABILITY TO PERFORM LEGAL RESEARCH OR RELATED WORK OR TO PERFORM SUCH WORK PROPERLY OR COMPLETELY, EVEN IF USER'S ACCESS TO THE PRODUCT HAS BEEN TERMINATED WITHOUT NOTICE BY LICENSOR. NEITHER LICENSOR NOR ANY THIRD PARTY LICENSORS SHALL BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER'S RIGHTS HEREUNDER, OR USE OF, OR INABILITY TO USE, THE PRODUCT IN ANY WAY, EVEN IF SUCH ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Online Contents: USER AGREES THAT USER IS RESPONSIBLE FOR DETERMINING THAT ALL INFORMATION PROVIDED BY LICENSOR IS SUFFICIENTLY ACCURATE. LICENSOR SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY ERRORS OR OMISSIONS IN PROCURING, COMPILING, COLLECTING OR REPORTING THE INFORMATION IN THE PRODUCT. USER FURTHER AGREES THAT ALL INFORMATION POSTED ON THE DEADBEATS1.NET WEB SITE PERTAINS ONLY TO COMMERCIAL COMPANIES AND NOT TO CONSUMER DEBTS.
Assistance of Licensor: USER acknowledges that any assistance provided by Licensor will be in the form of technical assistance, i.e., helping USER access and utilize the product from a technical standpoint.
No Continuing Obligation of Licensor: Licensor is not obligated by this EULA to continue making the Product available online for any period of time whatsoever.
USER's Representation: USER represents that the deadbeats1.net member name or password used to gain access to the Product is the member name or password issued by deadbeats1.net to USER, and that USER has not provided or used, and will not provide or use, the member name or password of any other person to gain access to the Product. This provision does not apply to accesses to the Product made after initial acceptance of the EULA which are permitted in Clause B.2(B).
7. INDEMNIFICATION. The USER hereby agrees to indemnify and hold deadbeats1.net harmless from any claims for slander, libel, defamation, or any other claims resulting from the USER’S use of the services offered on the deadbeats1.net web site, including payment of all costs and expenses incurred by deadbeats1.net, including its reasonable attorney’s fees incurred in defending such claims. deadbeats1.net shall have the right to expect prompt performance of the obligation of indemnification herein created.
8. SUBSEQUENT CHANGES.
New Functions or Features: From time to time, Licensor may, but shall have no obligation to, add new functions or features to the Product or make new information services available to USER.
Changes in Terms and Conditions: From time to time, Licensor may amend any of the existing terms and conditions of this EULA. Each time that USER seeks online access to the product, Licensor may require that USER assent to this EULA or to the then current version of this EULA.
9. EQUIPMENT.
Incompatibility: Licensor is not responsible and shall not be liable for incompatibility of the Product with any software, hardware or any other equipment provided by USER.
Loss, Damage, etc.: Licensor shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from damage to USER'S equipment, hardware or software due to use of the Product.
10. EFFECT AND TERM OF EULA.
Effect of Agreement: This EULA constitutes the complete understanding of the parties and supersedes any prior understanding or agreement, oral or written, relating to the Product. No waiver of any provision shall be valid unless in writing and signed by all parties.
Term: This EULA is effective upon acceptance by USER when the USER is posting , searching or viewing the said web site then this EULA is in fully acceptance by USER. This EULA will terminate in accordance with Section B.4 above or when superseded by a subsequent Agreement between the parties.
11. FORCE MAJEURE. The schedule for manufacture, production, and distribution of the Product may be altered due to the onset of war, strikes, accidents, fires, casualties, or other causes beyond the parties' control. If such causes or conditions delay performance under this EULA, the time for performance will be continued for a period equivalent to the delay.
12. CHOICE OF LAW AND SEVERABILITY. This EULA shall be construed under the laws of the State(s)of Maine, New Hampshire.,Massachusetts.,Vermont, Rhode Island and Connecticut U.S.A. without giving effect to any choice of law rules that may require the application of laws of another jurisdiction. Should any provision of this EULA be found to be void, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
13. NON-ASSIGNABILITY AND NON-WAIVER. Neither this entire EULA, nor any portion thereof, may be assigned, sublicensed, loaned, leased, distributed or transferred by USER without the written permission of Licensor. If USER engages in any of the aforementioned prohibited transactions, such transaction shall be void from the outset. The failure of either party to enforce any provision of this EULA shall not be deemed a waiver of that party's right to enforce that provision or any other provision.
14. INTENDED BENEFICIARIES. Licensor and USER acknowledge that any third party licensors of all or any portion of the Product are intended beneficiaries of certain provisions of this Agreement, including, without limitation, those which address the protection of proprietary rights in the Product and the scope of use of the Product. If Licensor fails to enforce any provisions which relate to protection or use of the Product, such third party licensors, in their own names and by a proper proceeding, may enforce such provisions against USER.
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