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TERMS AND CONDITIONS OF USE
Welcome
to our website. This site is maintained as a service to our customers.
By using this site, you agree to comply with and be bound by the
following terms and conditions of use. Please review these terms and
conditions carefully. If you do not agree to these terms and
conditions, you should not use this site.
1. Agreement. This
Agreement (the “Agreement'”) specifies the Terms and Conditions for
access to and use of ProSEOpackages (the “Site'”) and describe the
terms and conditions applicable to your access of and use of the Site.
This Agreement may be modified at any time by Frank Dang upon posting
of the modified agreement. Any such modifications shall be effective
immediately. You can view the most recent version of these terms at any
time at www.ProSEOpackages.com. Each use by you shall constitute and
be deemed your unconditional acceptance of this Agreement.
2. Intellectual Property Ownership.
(a)
Our Content. All content included on this site is and shall continue to
be the property of Frank Dang or its content suppliers and is protected
under applicable copyright, patent, trademark, and other proprietary
rights. Any copying, redistribution, use or publication by you of any
such content or any part of the Site is prohibited without express
permission by Frank Dang. Under no circumstances will you acquire any
ownership rights or other interest in any content by or through your
use of this site. ProSEOpackages is the trademark or registered
trademark of Frank Dang. Other product and company names mentioned on
this Site may be trademarks of their respective owners.
(b) User
Supplied Content. By accessing our forum, bulletin board, chat room, or
any other user interactive area of our site, and placing any
information in any of those areas, you hereby grant us a perpetual,
irrevocable, royalty free license in and to such materials, including
but not limited to the right to post, publish, transmit, distribute,
create derivative works based upon, create translations of, modify,
amend, enhance, change, display and publicly perform such materials in
any form or media, whether now known or later discovered. You also
grant to others who access the forum, bulletin board, chat room or any
other user interactive area of our site a perpetual, non-revocable,
royalty free license to view, download, store and reproduce your
postings but such license is limited to the personal use and enjoyment
of such other party.
(c) Personal Use.
Frank Dang grants you a limited, revocable, nonexclusive license to use
this site solely for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative
works, or other use. You agree not to copy materials on the site,
reverse engineer or break into the site, or use materials, products or
services in violation of any law. The use of this website is at the
discretion of Frank Dang may terminate your use of this website at any
time.
(d) Other Uses. All other use of Content from the Site,
including, but not limited to uploading, downloading, modification,
publication, transmission, participation in the transfer or sale of,
copying, reproduction, republishing, creation of derivative works from,
distribution, performance, display, incorporation into another web
site, reproducing the Site (whether by linking, framing or any other
method), or in any other way exploiting any of the Content, in whole or
in part, is strictly prohibited without Frank Dang prior express
written consent.
3. Disclaimers.
(a) DISCLAIMER OF
WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,”
“AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE
RISK. FRANK DANG DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT
NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY
IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING
TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE,
FRANK DANG DOES NOT WARRANT THAT USE OF THE SITE WILL BE
UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. FRANK DANG , ITS SUBSIDIARIES,
VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION,
FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS,
AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE
OF THE SITE'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR
LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR
MATERIAL.
(b) LIMITATION OF LIABILITY. FRANK DANG
SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES
UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH FRANK DANG OR
THE
SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED
THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION
PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE
OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF FRANK
DANG
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
(c) EARNINGS
DISCLAIMERS. The information presented in this Website is intended to
be for your educational and entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before
embarking on any endeavor, please use caution and seek the advice your
own personal professional advisors, such as your attorney and your
accountant.
Where income figures are mentioned (if any), those
income figures are anecdotal information passed on to us concerning the
results achieved by the individual sharing the information. We have
performed no independent verification of the statements made by those
individuals. Please do not assume that you will make those same income
figures.
Please do not construe any statement in this website as
a claim or representation of average earnings. There are NO average
earnings. Testimonials and statements of individuals are not to be
construed as claims or representations of average earnings. We cannot,
do not, and will not make any claims as to earnings, average, or
otherwise.
Success in any endeavor is based on many factors
individual to you. We do not know your educational background, your
skills, your prior experience, or the time you can and will devote to
the endeavor.
Please perform your own due diligence before
embarking on any course of action. Follow the advice of your personal
qualified advisors.
There are risks in any endeavor that are not suitable for everyone. If
you use capital, only "risk" capital should be used.
There
is no guarantee that you will earn any money using any of the ideas
presented in our in materials. Examples in our materials are not to be
interpreted as a promise or guarantee of earnings. Many
factors
will be important in determining your actual results and no guarantees
are made that you will achieve results similar to ours or anybody
else’s. No guarantee is made that you will achieve any result at all
from the ideas in our material.
You agree that we will not share
in your success, nor will we be responsible for your failure or for
your actions in any endeavor you may undertake.
Please understand that past performance cannot be an indication of
possible future results.
Materials
in our product and our website may contain information that includes or
is based upon forward-looking statements within the meaning of the
securities litigation reform act of 1995. Forward-looking statements
give our expectations or forecasts of future events. You can identify
these statements by the fact that they do not relate strictly to
historical or current facts. They use words such as “anticipate,”
“estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other
words and terms of similar meaning in connection with a description of
potential earnings or financial performance. Any and all forward
looking statements in our materials are intended to express our opinion
of earnings potential. They are opinions only and should not be relied
upon as fact.
4. Terms Relating to User Supplied Site Content.
(a)
Participate at Your Own Risk. You enter and participate in our forum,
bulletin board, chat room, or any other user interactive area of our
site, and gain access to the materials contained thereon at your own
risk.
(b) No Monitoring. We do not monitor or screen
communications on our forum, bulletin board, chat room, or any other
user interactive area of our site and we are not responsible for any
material that any of our forum, bulletin board, chat room, or any other
user interactive area of our site participant posts and we do not
assume the responsibility to do so. In the event that we are notified
by any party that any communications contained in our forum, bulletin
board, chat room, or any other user interactive area of our site is
contrary to these terms, we may, but are not obligated to, investigate
the situation and determine in our own discretion, whether to remove
such communication from our forum, bulletin board, chat room, or any
other user interactive area of our site. We have no liability
or
responsibility to investigate or remove any content from our forum,
bulletin board, chat room, or any other user interactive area of our
site based upon a complaint or otherwise.
(c) Your Reliance
at Your Risk. We do not make any representations or warranties as to
the truth or accuracy of any statement made or materials posted on or
through our forum, bulletin board, chat room, or any other user
interactive area of our site. You agree and acknowledge that
you
assume the risk of any actions you take in reliance upon the
information that may be contained in our forum, bulletin board, chat
room, or any other user interactive area of our site.
(d) No
Endorsement. We do not endorse or lend any credence for any statements
that are made by any participant in our forum, bulletin board, chat
room, or any other user interactive area of our site. Any opinions or
views expressed by our forum, bulletin board, chat room, or any other
user interactive area of our site participants are their own.
We
do not endorse or support or otherwise give any credence or reason for
reliance on any such statements or opinions.
(e) You are
Responsible. You are fully responsible for your own statements and
materials that you post in our forum, bulletin board, chat room, or any
other user interactive area of our site and any consequences, whether
or not foreseen, to any party who may rely upon these
statements.
You agree that you will not take any action directed towards attempting
to hold us responsible for any such materials or statements.
(f)
Removal of Material. As a participant in our forum, bulletin board,
chat room, or any other user interactive area of our site, you agree
that we may remove any materials from our forum, bulletin board, chat
room, or any other user interactive area of our site for any reason, in
our sole discretion, or for no reason at all. This includes
material which is disruptive, abusive, offensive, illegal, vulgar,
pornographic, or any other material. You hold us harmless
from
and against any damage you or others may suffer as a result of our
removal of any content from our forum, bulletin board, chat room, or
any other user interactive area of our site or from the discontinuance
of our forum, bulletin board, chat room, or any other user interactive
area of our site at any time.
(g) Right to Expel. We have the
right to remove, expel, or disqualify any party from participation and
access to our forum, bulletin board, chat room, or any other user
interactive area of our site for any time and for any reason, or for no
reason whatsoever, in our sole and absolute discretion. This
includes, but is not limited to any violation of this agreement,
disruptive behavior, complaints from other parties, any allegedly
illegal activity, or for any other reason or for no reason at all.
(h)
Right to Terminate. We reserve the right to terminate our forum,
bulletin board, chat room, or any other user interactive area of our
site at any time and all users hold us harmless from and against any
claims, damages, suits, threats, demands, liabilities, actions, causes
of action, or injuries that may result therefrom, including but not
limited to any consequential, incidental, and special damages of every
nature and type.
(i) Prohibitions. You agree that you will not
(1) use our forum, bulletin board, chat room, or any other user
interactive area of our site for any illegal purpose, (2) place any
material in our forum, bulletin board, chat room, or any other user
interactive area of our site that violates the copyrights, trademarks,
trade secrets, confidential information or other rights of any other
party, (3) place any material in our forum, bulletin board, chat room,
or any other user interactive area of our site that contains a false
statement about any person, infringes upon the privacy rights of any
other person, or threatens, harasses, abuses or embarrasses any other
person, (4) place any obscene, pornographic, sexually explicit or
violent materials, graphics, photographs, text or otherwise in our
forum, bulletin board, chat room, or any other user interactive area of
our site, (5) place any advertising, attempted business solicitation,
marketing materials or sales promotional materials in our forum,
bulletin board, chat room, or any other user interactive area of our
site, (6) pretend to be another person that you are not, (7) place
materials in our forum, bulletin board, chat room, or any other user
interactive area of our site that are disruptive or off-topic.
(j)
Hold Harmless and Indemnify. You hold us harmless from, and indemnify
us against, any and all claims for damages from third parties arising
from your participation, use or conduct in our forum, bulletin board,
chat room, or any other user interactive area of our site.
5. Miscellaneous.
(a) Prohibition Against Data Mining. You are prohibited from data
mining, scraping, crawling, email harvesting or using any process or
processes that send automated queries to the Frank Dang Web site. You
may not use the Frank Dang Web site to compile a collection of
listings, including a competing listing product or service. You may not
use the Site or any Materials for any unsolicited commercial e-mail.
(b)
Intended Audience. This website is intended for adults only. This
website is not intended for any children under the age of 18.
(c)
Compliance with Laws. You agree to comply with all applicable laws
regarding your use of the website. You further agreed that information
provided by you is truthful and accurate to the best of your knowledge.
(d)
Indemnification. You agree to indemnify, defend and hold Frank Dang and
our partners, employees, and affiliates, harmless from any liability,
loss, claim and expense, including reasonable attorney's fees, related
to your violation of this Agreement or use of the Site.
(e)
Privacy. Your visit to our site is also governed by our Privacy Policy.
Please review our Privacy Policy at www.ProSEOpackages.com. Frank
Dang reserves the right, and you authorize us, to use and assign all
information regarding site uses by you and all information provided by
you in any manner consistent with our Privacy Policy.
(f)
Applicable Law. You agree that the laws of the state of California,
without regard to conflicts of laws provisions will govern these Terms
and Condition of Use and any dispute that may arise between you and
Frank Dang or its affiliates. Venue shall be in Orange County.
(g)
Arbitration. As part of the consideration that Frank Dang requires for
viewing, using or interacting with this website, you agree to the use
of binding arbitration for any claim, dispute, or controversy of any
kind (whether in contract, tort or otherwise) arising out of or
relating to this website. Arbitration shall be conducted pursuant to
the rules of the American Arbitration Association which are in effect
on the date a dispute is submitted to the American Arbitration
Association. Information about the American Arbitration
Association, its rules, and its forms are available from the American
Arbitration Association, 335 Madison Avenue, Floor 10, New York, New
York, 10017-4605. Hearing will take place in the city or
county
of Frank Dang. In no case shall you have the right to go to court or
have a jury trial. You will not have the right to engage in
pre-trial discovery except as provided in the rules; you will not have
the right to participate as a representative or member of any class of
claimants pertaining to any claim subject to arbitration; the
arbitrator's decision will be final and binding with limited rights of
appeal. The prevailing party shall be reimbursed by the other party for
any and all costs associated with the dispute arbitration, including
attorney fees, collection fees, investigation fees, and travel expenses.
(h)
Severability. If any provision of this Agreement shall be adjudged by
any court of competent jurisdiction to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement will otherwise remain in full force
and effect.
(i) Termination. Frank Dang may terminate this Agreement at any time,
with or without notice, for any reason.
(j) Contact Information
imsoftbiz@yahoo.com
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