|FedExaminer - Terms of Service|
Accessing, browsing, and or using our website & services signifies
your agreement to these terms. If you do not agree with them, please
do not use this website or services offered.
Change of Terms: FedExaminer reserves the right, at its
discretion, to change, modify, update, add, or remove all or any portion
of these terms and conditions of use and terms and conditions of sale
at any time, without notice. Your continued use of this website or
the FedExaminer services signifies that you agree to those changes.
Copyrights and Restrictions: "All material displayed
on this web site is copyright protected ©
FedExaminer, All rights reserved. This website
is owned and operated by FedExaminer. Material
on this website is protected by copyrights owned by the FedExaminer
or other parties who have consented to their use by this website.
All other trademarks and copyrights are property of the respective
owners and used under "fair use" to show who we are speaking
about. The material on this website may not be
copied, reproduced, republished, uploaded, posted, or transmitted
in any way. Use of these materials, including their modification,
for any other purpose, may constitute a violation of FedExaminer
Responsibility of the User: By using this website, you agree
to be responsible for all transactions and postings made using your
login information, and you represent that you are of legal age to
make such legally binding obligations.
Disclaimer: FedExaminer and its providers and distributors provide this
website and materials on an "as is" basis, and specifically disclaim
all warranties of title, merchantability, fitness for a particular purpose, and
non-infringement. FedExaminer makes no representation
or warranty that such information is complete or accurate or that the services
provided by FedExaminer.com will be timely, secure, error-free or uninterrupted.
FedExaminer will not be liable for any damages or injury resulting from the user's
reliance on any information provided in this website or publications. Stock
Quotes and associated data are provided for informational purposes only and are
not intended for trading purposes. This website shall not be liable for any errors
or delays in the content, nor for any actions taken in reliance thereon. The "live"
quotes are actually "close to live", as it takes time in order to gather the information.
We are only the messenger, not the source.
Indemnity: By using this website or any services offered,
you agree to indemnify FedExaminer.com and its officers, directors,
employees, volunteers, independent contractors, agents and suppliers
from and against any liability, damage, costs, or expenses, including
reasonable attorneys\' fees, that FedExaminer may incur as a result
of your use of this website and services or your breach of these Terms
Limitation of Liability: FedExaminer will not be liable
for any damages to, or viruses or other data corruption problem that
may affect your computer equipment or other property on account of
your access to or use of this website or your downloading of any materials,
data, text, images, video, or audio from this website. In no event
will FedExaminer be liable for any injury, loss, claim, damage,
or any special, punitive, indirect, incidental, or consequential damages
of any kind, whether based on contract, tort, strict liability, or
otherwise, that result from the use of, or the inability to use the
services offered or materials in this website or events produced,
even if FedExaminer has been advised of the possibility of such
damages. In no event will FedExaminer be liable for damage or
loss in any way related to the aforementioned uses of this website
and/or its content, be liable for any amount that exceeds the amount,
if any, which has been paid by you to access the website or services.
Dispute Resolution: Any and all disputes arising hereunder
are venued in San Francisco, CA and shall be resolved first by mediation
using a professional mediator, and if unresolved within 30 days of
initiation, then by binding arbitration per the rules of the American
Arbitration Association, with discovery of documents only. Except
in mediation where the parties share the mediation fees, and pay their
own attorneys fees, the prevailing party in any dispute hereunder,
including appeals shall be awarded their reasonable attorney fees,
costs, and expenses including for experts. California law applicable
to contracts made in California, governs hereunder.
Advertising: Limited advertising opportunities are available for the sole
purpose of covering the cost of operating this website. All requests to
advertise on this website may be submitted for review to the
of FedExaminer. To preserve this website\'s integrity, including but not
limited to adherence to a fair use standard, we reserve the right to reject
any advertisement that we deem inappropriate and/or in conflict with our
policies. The use of links for commercial gain or soliciting members
for business purposes in a posted message or profile is expressly prohibited.
Disclosure: Any and all information presented in
a private chat room on this website, FedExaminer.com, is confidential. By using
or entering a private chat room, you specifically agree that you will not disclose,
copy, store, distribute, or in any manner share information outside of private
chat session(s), including password(s), without specific written permission from
the Administrator of this website, FedExaminer.com. In the event that there is
disclosure or misuse of information, you specifically agree that the minimum assessment
of damages for same shall be $10,000.00 per item or session, whichever is greater.
Misuse of Resources: Misuse or use of FedExaminer.com materials, programs,
forums, et cetera, for any purpose beyond their intended use results in damage to
FedExaminer.com and related members. Non-intended uses shall include,
but not limited to, soliciting members for business purposes. Misuse hereunder is subject to an
agreed minimum assessment of damages of $4,970.00 per incident or item,
whichever is greater.
Email: Any email you send which advertises or promotes any
product, service, or internet destination, is subject to a $25,000.00 fee
for reading and responding appropriately. The fee may be paid in advance
by certified check. Concealing your identity increases this fee by
$10,000.00 for the effort to track down the sender. You may not sell any
email addresses containing the domain name "fedexaminer.com".
Violating this clause subjects you to liquidated
damages of $10,000.00 or 10 times the amount you make selling the addresses,
whichever is greater.
Privacy: You may browse this website without registering however
some features or areas will not be available until you select a "Nickname"
and register. Providing your real name is optional however
you must use a working email address. When you browse our website
we collect personal information such as your IP address,
host and other information to provide services and security. We
will not disclose your personal information unless you violate these
terms, abuse this website or when required by court order. Anything
you post to the bulletin boards, forums, reviews, news, public journal or
chat can be indexed by search engines. You should consult the "read
before posting" conditions in each bulletin board area which
is incorporated herein by reference.
Links: This website contains links to other websites.
FedExaminer is not responsible for the content of any other website
and makes no representation or warranty regarding any other website,
nor does its linkage constitute an endorsement by us. Please be aware
that you access these websites at your own risk.
Assignment: You may not sell, transfer, assign, license or
convey in any way your rights or obligations under these Terms of
Severability: If any section or provision of this these Terms
of Use is found to be unlawful or unenforceable for any reason, the
agreement between you, the user, and FedExaminer with respect
to this website and all other services, and supersede any and all
prior agreements, in any form, between you and FedExaminer, and
may not be changed except by signed agreement. You may be subject
to additional terms and conditions based upon features or services
used, and you agree to be bound by such other terms and conditions.
Revision 6: 8/2/08