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These Terms
of Use (this "Agreement") describe the legal
relationship between You and Free Stuff Net, Inc.
(referred to in this Agreement as "we" or "us"), owners
and creators of the Freestuffweb.net Web site (the
"Site"). We offer a resource to research online and
on-campus degrees, including but not limited to search
functionality, online forms that allows Users to contact
our staff or Enrollment Advisors, newsletters, email
advice and assessment tests, that is available on the
Site from time to time (the "Services"). Please read
this Agreement very carefully. Let us know about
anything in this agreement that concerns you at
admin@Freestuffweb.net.
"You" are the individual who executes this Agreement
(“User”).
1.
Our Service. This is a Web site is
designed to provide information and interactive
materials on online and on-campus degrees (“Material”)
for use by You for informational purposes only. This
information is gathered from several independent
resources, including but not limited to a wide range of
online and on-campus colleges, universities and degree
programs. This information is not independently verified
by Free Stuff Net, Inc.
We may
add, delete or change some or all of the services
provided as part of the Services or the Site at any time
at our sole discretion. You are responsible for paying
the Fees (if any) for the Services and any applicable
license fees and taxes and for all hardware, software,
licensing, service and other costs you may incur in
connection with the Services as appropriate. We may add,
delete or change some or all of the services provided as
part of the Services or the Site at any time at our sole
discretion.
2. Use of Service. You may use this
Service only for personal, noncommercial purposes. You
may only download portions of the Site (“Content”) for
your personal, noncommercial use. You may not (a)
reproduce, distribute, create derivative works of,
publicly perform, publicly display or digitally perform
or distribute in any way the Content of this Site; (b)
use any trademarks, service marks or trade names
incorporated on the Site; or (c) use the name and
likeness of any individuals represented on the Site for
any reason without the express written consent of Free
Stuff Net, Inc.
3.
Restrictions. If you are given the
ability to display any Material on the Site, You may not
post such Material to Freestuffweb.net or its servers or
otherwise provide any Material to Us hereunder that: (a)
infringes on any third party’s intellectual property
right or right of publicity or privacy; (b) violates any
law or regulation; (c) is defamatory, obscene, harmful
to minors or child pornographic; or (d) contains any
viruses, Trojan horses, worms, time bombs, cancel bots
or other computer routines designed or intended to
damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal
information. User shall not and shall not permit any
User or third party to (a) frame or link to the Web
Site; (b) impersonate or misrepresent a User’s
affiliation with any person or entity; or (c) access,
attempt to access, tamper with or use non-public areas
of the Services, the Site, our computer systems, or the
technical delivery systems of Us or our licensors except
as expressly authorized.
4.
Ownership of Material. Other than
personally identifiable information, which is covered
under the Free Stuff Net, Inc. Privacy Policy, any
material, information or other communication you
transmit or upload to this Site ("Material") will be
considered non-confidential and non-proprietary. We will
have no obligations whatsoever with respect to the
Material. We and our designees will be free to copy,
disclose, distribute, incorporate and otherwise use the
Material and all data, images, sounds, text, and other
things embodied therein for solely for the purpose of
providing the Services.
5.
Freestuffweb.net is, and other trademarks and service
marks that appear on the Site are, the registered and
unregistered trademarks or service marks of Free Stuff
Net, Inc. or its suppliers or licensees. All rights
reserved. You are expressly prohibited from registering
any domain name confusingly similar to Freestuffweb.net.
6. We do
not independently verify any information on the Site
that is collected from third party sources, as described
in 1. We will have no liability related to any Material,
whether or not arising from the laws of copyright,
libel, privacy, obscenity or otherwise. If we become
aware of Material that violates these Terms, we retain
the right to remove any Material that includes private
information on other users and/or our employees, any
material deemed abusive, defamatory, obscene or
otherwise unacceptable. Any violation of the foregoing
may result the revocation of your permission to use the
Site or the Services in our sole discretion.
7.
Termination. Either of us can terminate
this Agreement at any time for any reason by so
notifying the other, and upon such termination You must
terminate use of the Services. Sections 10–21 below
survive termination. Notwithstanding the foregoing, we
may terminate this Agreement immediately and without
notice if: (a) You breach this Agreement, (b) You
repeatedly infringe the intellectual property rights of
a third party; or (c) any Material which You have posted
violates any applicable laws.
8.
License grant. To the extent necessary
for us to provide the Services and operate the Site,
subject to the terms of this Agreement, you hereby grant
to Us a non-exclusive, perpetual, irrevocable,
royalty-free license to (a) use, reproduce, distribute,
create derivative works of, publicly perform, publicly
display an digitally perform and distribute Material
solely to provide the Services, and on or through the
Freestuffweb.net Site and to (b) use any trademarks,
service marks or trade names incorporated in the
Material (only in connection with the Material); and (c)
use the name and likeness of any individuals represented
in the Material (only in connection with the Material).
We can sublicense these rights to our business partners
as necessary in the ordinary course of business to
provide the Services.
9.
Representations and Warranties. You
represent and warrant that (a) you have full right and
power to enter into and perform this Agreement, and have
secured all third party consents necessary to enter into
this Agreement; (b) the Material does not and will not
infringe on any third party's copyright, patent,
trademark, trade secret or other proprietary rights,
rights of publicity or privacy, or moral rights; (c) the
Material does not and will not violate any law, statute,
ordinance or regulation; (d) the Material is not and
will not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (e) the Material is
not and will not be obscene, child pornographic or
(unless distributed only to people legally permitted to
receive such Material) harmful to minors; (f) the
Material does not and will not contain any viruses,
Trojan horses, worms, time bombs, cancelbots or other
computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal
information; and (g) all factual assertions that you
have made and will make to us are true and complete.
10.
Restrictions. You shall comply with all
laws and regulations applicable to your use of the
Services, the Site, and any Material you upload or
import onto, or stream through, our servers.
Specifically, you shall comply with all applicable
domestic and international laws, statutes, ordinances
and regulations regarding your use of our service and
your bidding on, listing, purchase, solicitation of
offers to purchase, and sale of items. We may take any
action with respect to your Material if we believe it
may create liability for us or may cause us to lose (in
whole or in part) the services of our ISPs or other
suppliers. In particular, you are not permitted to use
our name, URL, trademarks or other material in
connection with "spam" e-mail messages or newsgroup
postings. For the purposes of this Agreement, "spam" has
the meaning generally understood among Internet users,
and includes without limitation "unsolicited electronic
mail advertisements" as that phrase is defined under
California Business and Professions Code Section
17538.45. You may not impose an unreasonable or
disproportionately large load (as determined by us in
light of the load imposed by other users generally) on
our infrastructure. You may not use any "bot" or other
automated repetitive or iterative mechanism or the like
to gain any sort of benefit from us or any business
partner of ours.
11.
Digital Millennium Copyright Act. In
the event We are notified of a possible violation of the
“Digital Millennium Copyright Act,” your account will be
placed “In Review.” You will be sent, via e-mail AND/OR
registered mail courier (to the address on file), a list
of the violation(s) as described to us. You will have 24
hours by which to remove the copyrighted material or
provide a response to the allegations directly to the
accusing party (with a copy to us). Unwillingness to
address this matter may result in account termination,
the deletion of the material in question, or the
temporarily disconnection of service. Violations of the
Digital Millennium Copyright Act may result in permanent
account termination.
The designated agent for the DMCA is Free Stuff Net,
Inc.
12.
Our privacy policy. Our Privacy Policy
is available at privacy.
By accepting this Agreement, you expressly consent to
disclosures of your personally identifiable and other
personal information to third parties, and to our use of
your information, as enumerated in our then-current
privacy policies, which are incorporated herein by
reference.
13.
Disclaimer. WE PROVIDE THE SERVICES AND
THE SITE "AS IS." WE AND OUR SUPPLIERS EXPRESSLY
DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF TITLE, ACCURACY,
NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Without limiting the foregoing, we
do not ensure continuous, error-free, secure or
virus-free operation of the Site or the Services. Some
states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to
you. This warranty gives you specific legal rights, and
you may also have other legal rights which vary from
state to state.
14.
Limited remedy; waiver of certain damages.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE
TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER
ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN
CONNECTION WITH THE SERVICES, THE SITE OR THIS
AGREEMENT. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY
THIRD PARTIES EXCEED $100. Some states do not allow the
foregoing limitations of liability, so they may not
apply to you.
15.
Links to Other Web sites. Links to
third party Web sites on this Site are provided as a
convenience to you. If you use these links, you will
leave the Site. We make no representation that we have
reviewed such sites, and we do not control and are not
responsible for any of these sites or their content. We
therefore do not endorse or make any representation
about them or any software, products, services, or other
content or materials appearing thereon, or any results
that may be obtained from your use of such software,
products, services, or other content or materials. Your
decision to access any third party site linked to on the
Site is entirely at your own risk.
16.
Export Compliance. By downloading any
software or technical data from the Site, you assume
responsibility for complying with applicable
export/import laws and regulations and agree not to
export or re-export this software or technical data
without applicable export authorization. You may not
export or re-export any software obtained from the Site
or any copy or adaptation thereof in violation of any
applicable laws or regulations. You may not download,
export or re-export any software obtained from the Site
outside the U.S. unless expressly permitted by Us. You
agree not to download, export or re-export any software,
or any copy or adaptation, or any direct product based
on any software without proper U.S. government
authorization to destinations not eligible for exports
under license exception TSR.
17.
Indemnity. You agree to indemnify and
hold us and our customers and business partners harmless
from all damages and costs, including attorneys’ fees,
arising out of or related to your breach of this
Agreement or the documents it incorporates by reference,
or your violation of any law or the rights of a third
party.
18.
Modifications. We may amend this
Agreement at any time by sending the amended terms to
your email address. Such amendments will be effective
when sent. Alternatively, we may display the amended
terms to you when you access the Services or any part of
the Site, in which case such terms shall be effective
when displayed. Otherwise, this Agreement may not be
amended except in writing signed by both parties.
19.
Policies and Conflict. The Site has
other policies that relate to specific issues, including
the Privacy Policy (“Policies”). In the event of any
conflict between these Terms and a Policy, this
Agreement shall govern first and then the specific
Policy. No terms presented on any purchase order,
invoice or other written statement shall have any affect
whatsoever.
20.
Miscellaneous. You agree to execute and
deliver documents to us, upon our reasonable request,
that evidence or effectuate our rights under this
Agreement. This Agreement is governed in all respects by
the laws of the State of California, excluding its
conflict of law principles. The UN Convention on
Contracts for the International Sale of Goods is
expressly disclaimed. We, and You, both agree that any
cause of action relating to this Agreement shall be
brought in a court in California, and we both
irrevocably submit to the exclusive personal
jurisdiction of such courts. No agency, partnership,
joint venture or employee-employer relationship is
intended or created by this Agreement. If any provision
of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Our failure to
act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or
similar breaches. You may not assign or transfer this
Agreement or your rights hereunder, and any attempt to
do so is void. We shall not be liable for any delay or
failure to perform resulting directly or indirectly from
any causes beyond our reasonable control. You agree that
we may communicate with you via email and any similar
technology for purposes relating to the Services, the
Site, and any services provided or which may in the
future be provided by us or on our behalf. This
Agreement and associated Policies set out on the Site
set forth the entire understanding and Agreement between
us with respect to the subject matter hereof and you
agree that any and all oral, written or other agreements
between Us are hereby superseded. All notices, requests
and other communications under this Agreement must be in
writing and sent by postal mail (if to Free Stuff Net,
Inc.) or if to you via e-mail messages to the address
that you have last given us and shall be effective (a)
for Us, 3 days following the date of mailing of such
notice; (b) for You, 24 hours after we have sent the
email to you.
21.
How you can reach us. The Services
hereunder are offered by Free Stuff Net. You can reach
us by e-mail at
info@Freestuffweb.net . Additionally, any dispute or
complaint can be filed with the address
Free
Stuff Web
4445 Eastgate
Mall, Suite 200, PMB #4218,
San Diego, CA
92121 USA
admin@freestuffweb.Net |