| Warranties,
Disclaimers & Legal Rights
BEFORE YOU ENTER ANY
OF OUR WEBSITES, PLEASE READ THE TERMS AND CONDITIONS OF THIS
SUBSCRIBER AGREEMENT CAREFULLY.
BY ENTERING ANY OF
OUR WEBSITES, YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY
ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT. Subscriber Agreement
The Web site located at http://www.CREApprentice.com
("Site") is provided by CREApprentice.com. Your access to and use
of the Site is governed by this Subscriber Agreement ("Agreement").
As used in this Agreement, "CREApprentice.com," "we," "us'" or
"our" refers to CREApprentice.com, and "you" or "your" refers
to you, the user of the Site. The Agreement below is the agreement
you
consented to upon subscribing to the site. The Agreement does not
apply to use of the publicly available Web Site maintained by
CREApprentice.com. 1. Access and Passwords
As part of the subscription process
for this Site, you have selected or been assigned a particular
username and password in accordance with CREApprentice.com's
username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY
INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR
PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE
USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by
you, or any other user that accesses the Site using your username
and password, at or through the Site will be attributed to and
legally bind you, even with respect to acts for which the user had
no actual authority or made an error. You assume all resulting
liability from use of the Site and any services available on it by
you or others using your username or password. If you lose your
username or password, please contact us at: support@CREApprentice.com. 2. Subscription Fees and Payments
You can always find the current
Subscription Fees posted on our site. Your subscription will
continue and renew automatically, unless terminated by
CREApprentice.comor until you notify CREApprentice.com by
email or as designated on the Site of your decision to terminate
your subscription. If there are any annual, monthly, or similar
periodic fees for your subscription, these fees will be billed
automatically to the credit card designated during the registration
process for the Site or subsequently designated by you to
CREApprentice.com, at the start of the annual, monthly, or
similar period, and at the start of each renewal period, unless you
terminate your subscription before the relevant period begins.
You
agree to pay or have paid all fees and charges incurred in
connection with your username and password for the Site (including
any applicable taxes) at the rates in effect when the charges
were
incurred. All fees and charges are nonrefundable.
CREApprentice.com may change the fees and charges then in effect,
or add new fees or charges, by giving you notice in advance.
All
fees and charges incurred in connection with your
CREApprentice.com username and password will be billed to the
credit card designated during the registration process for the
Site
or subsequently designated by you to CREApprentice.com. If you
want to designate a different card or there is a change in credit
card validity or expiration date, or if you believe someone has
accessed the Site using your username and password without your
authorization, you may email us at support@CREApprentice.com.
You
are also responsible for any fees or charges incurred to access the
Site through an Internet service provider or other third party
service. YOU, AND NOT CREApprentice.com, ARE RESPONSIBLE FOR
PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY
WHICH
WERE NOT AUTHORIZED BY YOU. 3. Privacy
Our Privacy Notice is a part of this
Agreement and its terms are incorporated herein by this reference.
Please read it now at the link on our site. 4. User Conduct
The Site may contain bulletin board
services, news groups, forums, and/or other message or communication
facilities ("Communication Services") designed to enable you to
communicate with others. You agree to use the Communication Services
only to submit or post messages and material that are proper and,
when applicable, related to the particular Communication Service.
You are also prohibited from submitting to, posting or transmitting
through CREApprentice.com any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit,
profane, hateful, racially, ethnically, or otherwise objectionable
material of any kind, including but not limited to any material that
encourages conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any applicable local,
state, national, or international law. Content that consists of or
contains software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of "spam" is
prohibited. You may not use a false email or postal address,
impersonate any person or entity, or otherwise mislead as to the
origin of your posted content.
Any opinions, advice, statements,
services, offers, or other information that constitutes part of the
content expressed or made available by third parties are those of
the respective authors or distributors and not of
CREApprentice.com nor its affiliates, not any of their officers,
directors, employees, or agents. You acknowledge that
CREApprentice.com does not pre-screen all content, but that
CREApprentice.com and its designees shall have the right (but not
the obligation) in their sole discretion to refuse or move any
content that is made available via the Communication Services.
Without limiting the foregoing, CREApprentice.com and its
designees shall have the right to remove any content that violates
this Agreement or is otherwise objectionable. You specifically agree
that CREApprentice.com is not responsible for any content sent
using and/or included in the Site by any third party. 5. Copyright and Restrictions
This Web site contains proprietary
material of CREApprentice.com (or material that other suppliers
have licensed to CREApprentice.com for their use) which
is protected by copyright and other laws respecting proprietary
rights.
CREApprentice.com retains all rights in the material and media,
including (without limitation) all copyright and other proprietary
rights worldwide in all media. You may not use CREApprentice.com
except as expressly permitted under this Agreement and under
U.S.
copyright laws. Any routine and/or systematic redistribution of any
portion of the products licensed herein is expressly prohibited.
End users who are duly authorized may
Access CREApprentice.com for individual use, i.e., may view the
information on screen; may download small portions of the
information to a computer disk for personal convenience and later
reference; and may print paper copies of small portions for personal
use only.
The rights granted here are an
expansion of the rights granted under the Copyright Act and do not
include any rights to reproduce in its entirety any portion of the
information or materials contained therein. No part of the
information may be duplicated in any medium or format beyond the
express terms of this Agreement without prior written authorization
from CREApprentice.com. Any use not authorized by the Agreement
is prohibited and is not a fair use under the U.S. copyright law.
You acknowledge that the information
(and the licensed materials contained therein) is highly proprietary
in nature and that unauthorized copying, transfer or use may cause
CREApprentice.com and/or CREApprentice.com’s suppliers
irreparable injury that cannot be adequately compensated for by
means of monetary damages. You agree that any breach of this
provision by you, or any subscriber or end-user, may be enforced by
CREApprentice.com, and/or any of CREApprentice.com’s
suppliers, by means of equitable relief (including, but not limited
to, injunctive relief) in addition to any other available rights and
remedies.
You agree that any supplier of any
portion of the licensed materials may enforce its rights against
you, even though that supplier is not a party to the Agreement.
You may not and may not permit others
to: reproduce, publish, distribute, sell, or otherwise access or use
any material retrieved from or contained in or on this Site in any
manner whatsoever that may infringe any copyright or proprietary
interest of CREApprentice.com; distribute the information
contained in and/on this Site to other users not duly authorized to
Access the Site; distribute, rent, sublicense, lease, transfer or
assign the information or Agreement; decompile, disassemble, or
otherwise reverse-engineer this Site or information contained in or
on this Site or any software contained therein, or alter, translate,
modify, or adapt it to create derivative works. Unauthorized
reproduction, transfer, and/or use may be a violation of criminal as
well as civil law.
You are expressly prohibited from
placing or installing any portion of the information on any
electronic media, including, but not limited to, local or wide area
networks, timesharing services, multiple processing units, multiple
site arrangements, service or software rental bureaus, list servers,
online services, electronic bulletin boards or forums, World Wide
Web sites or any other server that is Internet-enabled, without
written authorization by CREApprentice.com.
If you breach any provision of this
Agreement, CREApprentice.com may immediately terminate this
Agreement and all licenses granted hereunder without prior notice
and in addition to any other available rights and remedies 6. Limitations on Use
The following activities are
prohibited. You agree not to:
a. Use Web-accelerated browsers or
products (including but not limited to NetJet, NetSonic, MSIECrawler
and Teleport-Pro), or other applications that are capable of copying
large portions of content from the Site. CREApprentice.com can
detect the use of these systems through live logfile analysis and
will ban any future use by offenders.
b. Use robots and crawlers, or
similar technology, without following the robot guidelines (found at
http://info.webcrawler.com/mak/projects/robots.html).
We are able to detect robots violating the guidelines and we will
ban any offenders. If you are using a robot/crawler to check
CREApprentice.com links, it must operate according to the robot
guidelines (see above). Do not leave new robots unattended and allow
a minimum of 1 minute between automated requests.
c. Use any device, software or
routine or the like to interfere or attempt to interfere with any
Site functionality;
d. Take any action that imposes an
unreasonable or disproportionately large load on the Site
infrastructure;
e. Use any email addresses appearing
on the Site for purposes not relating specifically to the Site;
f. Access the Site by any means other
than through the interface that is provided by CREApprentice.com,
or attempt or access any area of the Site to which your access is
not authorized; or
g. Reverse engineer, reverse assemble
or otherwise attempt to discover any source code relating the Site,
except to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation. 7. Accuracy and Availability of
Information
The Site contains database
information and other content compiled by CREApprentice.com.
While we use commercially reasonable efforts to provide accurate
information, CREApprentice.com gives no warranty as to the
accuracy of the database and other content on the Site.
CREApprentice.com reserves the right to withdraw or delete
information or content from the Site at any time. 8. Links to Third Party Sites
CREApprentice.com does not endorse
the content on any third-party Web site, including Web sites of
CREApprentice.com's affiliates ("Third-Party Sites").
CREApprentice.com is not responsible for the content of
Third-Party Sites that you reach through links on the Site, sites
framed within the Site, or third-party advertisements on the Site,
and we do not make any representations regarding their content or
accuracy. Your use of Third-Party Sites is at your own risk and
subject to the terms and conditions of use for such sites. Any
transaction that you conduct at a Third-Party site will be between
you and the party providing that Web site. This means that
CREApprentice.com is not your agent and is not a party to any
transaction at a Third-Party Site. 9. Representations and Warranties
You represent and warrant to
CREApprentice.com that: (a) you possess the legal right and
ability to enter into this Agreement; (b) all information submitted
by you to the Site is true and accurate; (c) you will be responsible
for all use of your username and password even if such use was
conducted without your authority or permission; (d) you are at least
18 years old; and (e) you will not use the Site for any purpose that
is unlawful or prohibited by this Agreement. 10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER
SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY
CREApprentice.com AND ITS AFFILIATES ARE PROVIDED "AS IS" AND
"WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND
CREApprentice.com AND ITS AFFILIATES HEREBY DISCLAIM ALL
WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
CREApprentice.com DOES NOT MAKE ANY WARRANTIES REGARDING THE
FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b)
ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND
ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d)
FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE,
SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED
STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT
OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA
OF
PERFORMANCE OR QUALITY. 11. Limitation of Damages
IN NO EVENT WILL CREApprentice.com
OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE
EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND
EVEN IF CREApprentice.com HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. 12. Limitation of Liability;
Exclusive Remedy
ALSO, IN NO EVENT WILL
CREApprentice.com OR ANY OF ITS AFFILIATES BE LIABLE TO YOU
AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR
AMOUNT ACTUALLY RECEIVED BY CREApprentice.com FROM YOU FOR ACCESS
TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE
YEAR PRIOR TO YOUR CLAIM. 13. Indemnity
You agree to indemnify and hold us
harmless, and pay our attorney's fees and costs, if we become liable
for or incur any damages in connection with your breach of this
Agreement. You may not settle any dispute without our prior consent,
which may only be given in a non-electronic writing signed by an
authorized representative of CREApprentice.com. 14. Consent to Electronic Notices and
Other Communications
You agree that all of your
transactions relating to the Site may, at our option, be conducted
electronically, including any that we are otherwise required
to
provide in "writing". For example, we may send you notices
via postings at the Site or via email to any email address that you
provide to us during registration as a Site member. If you do not
wish to deal with us electronically, you should not use the Site
or
enter into this Agreement. If applicable law now or later requires
us to communicate with you non-electronically, we reserve the right
to charge a fee for doing so. Notice will be deemed given 24 hours
after the email is sent, unless (for email) we are notified that
the
email address is invalid. Alternatively, we may give you notice by
mail to the address provided during registration. 15. Print a Copy for Your Records
You agree to print or make an
electronic copy of this Agreement (and any amendment from time to
time) and retain it in your records. You also agree to make a copy
of any other information that we deliver to you in writing. 16. Termination
CREApprentice.com may terminate
your subscription and/or access, or suspend access to all or part of
the Site, without notice, for any conduct that CREApprentice.com,
in its sole discretion, believes is in violation of this Agreement,
any applicable law, or any act which is harmful to the interests of
another user, service provider, or CREApprentice.com.
CREApprentice.com may also elect not to renew your subscription
and access by providing a notice of nonrenewal prior to the end of
your current subscription term. Applicable sections of this
agreement will survive any termination or expiration of this
Agreement. 17. Assignment
You agree not to assign your rights
under this Agreement without the consent of an authorized
representative of CREApprentice.com in a non-electronic record,
and any assignment without CREApprentice.com's consent will be
voidable at CREApprentice.com's option. This Agreement will inure
to the benefit of and bind the parties' respective successors and
permitted assigns. 18. Applicable Law and Disputes This
Agreement is governed by the laws of the State of Nevada,
without regard to principles of conflict of laws.
To the extent you have in any manner
violated or threatened to violate CREApprentice.com and/or its
affiliates' intellectual property rights, CREApprentice.com
and/or its affiliates may seek injunctive or other appropriate
relief in any state or federal court in the State of California, and
you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved
as follows: If a
dispute arises under this agreement, we agree to first try
to resolve it with the help of a mutually agreed-upon mediator
in the following location: Las Vegas, Nevada. Any costs
and fees other than attorney fees associated with the mediation
will be shared equally by each of us.
If it proves impossible to arrive at
a mutually satisfactory solution through mediation, we agree to
submit the dispute to binding arbitration at the following location:
support@CREApprentice.com, under the rules of the American
Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
19. Amendments
CREApprentice.com may change the
provisions of this Agreement. When CREApprentice.com changes the
terms of this Agreement, CREApprentice.com will notify you
by
email or online postings on this Site. The changes will also appear
in this document, which you can access any time. You already
agreed
to be bound by the changes when you first subscribed to the site.
If you do not agree to be bound by the changes, you should not
use the
Site again and you should cancel your subscription to the Site. Even
if you have not clicked on the "I Agree" button or
checked the I agree box when subscribing, if you use the Site
after you have been
notified of a change to this Agreement, you are agreeing now to be
bound by that change. 20. Entire Agreement; Severability;
No Waiver
This Agreement (including all
documents incorporated by reference) is the entire agreement between
the parties for its subject matter and supercedes all prior and
contemporaneous communications between the parties. No term of this
Agreement may be waived by CREApprentice.com except in a signed,
non-electronic writing signed by an authorized representative of
CREApprentice.com. 21. General
If any provision of this Agreement is
found by a court of competent jurisdiction to be invalid, the
parties agree that its remaining provisions will remain in full
force and effect, provided that the allocation of risks described
herein is given effect to the fullest extent possible. 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
agree that no joint venture, partnership, employment or agency
relationship exists between you and CREApprentice.com or its
affiliates as a result of this Agreement or your use of the Site. |