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All use of PompanoForum.com, its web site
and any free or subscription services offered by PompanoForum.com,
including but not limited to: use of PompanoForum.com discussion
forums, or other product or service (Collectively the "service")
are subject to the terms of this agreement and the policies,
agreements and instructions for the use of this agreement
and the policies herein and/or on the web site and posted
by PompanoForum.com, are hereby incorporated herein. The term
"user" includes any person or entity ordering and/or using
the service, as well as any person or entity acting on behalf
of such person or entity in relation to ordering and/or using
the service.
Any user, by ordering and/or using the PompanoForum.com
services agrees to be bound by the terms and conditions of
this agreement. If the person or entity ordering or using
this service is acting on behalf of another person or entity,
he/she represents and warrants that he/she has the power and
authority to use the service and to enter into this agreement
on behalf of such entity and that his/her actions have been
duly authorized by such entity.
All Users agree to be bound by the terms and
conditions of this Agreement and acknowledge and accept that:
PompanoForum.com acts only as a forum and
technical interface between Users and does not itself verify
the qualifications of Users, nor does it evaluate, control
or monitor in any ongoing manner exchanges between users.
Users must use their own judgment in evaluating the qualifications
of and statements made by Users. Any opinions expressed by
a User are of those of the User alone, and are not to be attributed
to PompanoForum.com. PompanoForum.com cannot and does not
assume responsibility for the accuracy, completeness, safety,
timeliness, legality or applicability of anything said or
written by any User. There are risks of dealing with underage
persons, or persons acting under false pretenses. Authentication
on the Internet is difficult, and accordingly, PompanoForum.com
cannot always confirm that each User is whom they claim to
be or that they can deliver services or make payments. PompanoForum.com
cannot control the information provided by Users. Users' information
might be offensive, harmful, untimely, inaccurate and/or deceptive
and, accordingly, you agree to exercise caution, discretion
and common sense when using the Service.
Information, advice, opinions or comments
expressed by any User via the Service are not intended to
substitute for informed professional advice. You should not
use the Service for emergency purposes or to seek or provide
diagnosis or treatment of medical, psychiatric or psychological
problems, or as a substitute for face-to-face professional
consultation. PompanoForum.com is not a referral service and
PompanoForum.com does not endorse or recommend the use of
any professional services. You must use your judgment to determine
when it is necessary to consult with a provider who is local,
licensed in your state or country, available in person, or
otherwise possesses qualities required to properly diagnose
or advise you, especially in areas of expertise such as medicine,
law, accounting, psychological counseling, investment, tax
or other financial advice, requiring government or regulatory
licensing or certification, or for high risk activities.
User Conduct
USER SHALL NOT USE THE SERVICE TO TRANSMIT,
ROUTE, PROVIDE CONNECTIONS TO, OR STORE ANY MATERIAL THAT
INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION
OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. If
PompanoForum.com has notice that a User has violated this
term of user, PompanoForum.com may, in its sole discretion,
either (1) warn the user that the User is in violation of
this term of the Agreement, (2) remove the material from our
site or (3) terminate the User's access to the Service without
warning.
User shall not (i) copy, modify, create a
derivative work of, reverse engineer, decompile, disassemble,
or otherwise attempt to discover any source code or (ii) modify
or attempt to modify the Service in any manner or form.
User will not take any actions, which may
undermine the integrity of the user referral system, or the
User feedback system used to solicit feedback from Users.
User will not create obscene, profane, threatening,
defamatory, or hateful user screen names, room names, topic
names, welcome messages, or comments in any area of the Service.
User will not solicit Credit Card numbers
for goods or services, nor engage in any commercial activity
on the Service which PompanoForum.com has not expressly, and
previously authorized.
User will not solicit for advertisers or sponsors.
User will not display advertising or sponsorships
of any kind on PompanoForum.com message boards or in other
service areas, including banners that are generated by banner
or link exchange services, with the sole exception of those
placed there by PompanoForum.com or its affiliates.
User will not interfere with the operation
of any official help boards, chats, or other services, or
impede the ability of PompanoForum.com employees to perform
their duties.
User shall (i) use the Service in compliance
with all applicable local, state, national, and international
laws, rules and regulations; (ii) not interfere with the use
and enjoyment of the Service by other Users; (iii) not interfere
with or disrupt the Service or sources or networks connected
to the Service; (iv) shall comply with all requirements, procedures,
policies and regulations posted on the Service by PompanoForum.com
from time to time and/or any networks connected to the Service;
(v) not use the Service in a manner which may result in the
breach of any Agreement by User with any third party; (vi)
will not transmit through the Service any unlawful, harassing,
defamatory, libelous, slanderous, disparaging, privacy invading,
abusive, threatening, harmful, misleading, obscene or otherwise
objectionable material of any kind; (vii) not use the Service
for the placing of wagers or bets or other gambling activity;
(viii) not use the Service in a manner that promotes or contributes
to the delinquency of a minor or solicit a minor in any way
through the Service; (ix) not attempt to gain unauthorized
access to other computer systems or networks connected to
the Site; x) not transmit "junk mail", "spam", "chain letters",
or unsolicited mass distribution of email or bulletin board
postings; (xi) not use any information or material on this
site for marketing or solicitation; (xii) not transmit broad
solicitation for employees, consultants, contractors or for
participation on their Web sites; (xiii) not use Service for
purposes of multi-level marketing proposals, for example,
offering to help participants "get rich quickly" , "lose weight
now" or "make money surfing the Web," and (xiv) not transmit
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 from
our Users, our Employees, or the system itself.
Warranty Disclaimer
THE SERVICE AND ALL RELATED SITES, SERVICES
OR GOODS OBTAINED THROUGH THE SERVICE ARE PROVIDED "AS IS"
WITH NO WARRANTY OF ANY KIND. PompanoForum.com EXPRESSLY DISCLAIMS
ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. Some states do not allow the
exclusion of warranty, so the above exclusions may not apply
to you.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL PompanoForum.com
BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION
WITH USE OF THE SITE.
USER AGREES TO HOLD HARMLESS AND INDEMNIFY
PompanoForum.com, AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES,
FROM AND AGAINST ANY LIABILIITY ARISING FROM OR IN ANY WAY
RELATED TO A USER'S USE OF THE SERVICE, INCLUDING ANY LIABILITY
OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL
AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND
ATTORNEY'S FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED.
Release and Waiver
USER USES THE SERVICE AT HIS OR HER OWN RISK.
To the maximum extent permitted by applicable law, you hereby
release, and waive all claims against PompanoForum.com and
its employees and agents from any and all liability for claims,
damages (actual and consequential). Costs and expenses (including
litigation costs and attorneys' fees) of every kind and nature,
arising out of or in any way connected with use of the Service.
If you are a California resident, you waive your rights under
California Civil Code 1542, which states "A general release
does not extend to claims which the creditor does not know
or suspect to existing his favor at the time of executing
the release, which if known by him must have materially affected
his settlement with the debtor." Residents of other states
and nations similarly waive their rights under applicable
and/or analogous laws, statutes, or regulations.
Services
PompanoForum.com reserves the right to add
new membership programs and to change the terms of existing
membership programs at any time, including paid programs.
These modifications may include, but are not limited to, changes
in the service, product offerings, price, or administration
of the program. Not all products are available for all platforms,
clients, or browsers. PompanoForum.com will announce any change
in the price of the program on its website prior to any such
change taking effect.
Miscellaneous
If any provision of this Agreement is held
to be invalid or unenforceable, such provision shall be deemed
superseded by a valid enforceable provision that most closely
matches the intent of the original provision and the remaining
provisions shall be enforced. PompanoForum.com's failure to
act with respect to a breach by User or others does not waive
PompanoForum.com's right to act with respect to subsequent
or similar breaches. The failure of PompanoForum.com to exercise
or enforce any right or provision of these terms and conditions
shall not constitute a waiver of such right or provision.
The section headings and subheadings contained in this Agreement
are for convenience only and shall not limit or otherwise
affect the terms of this Agreement. THIS AGREEMENT SHALL BE
INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA.
This Agreement constitutes the entire agreement between PompanoForum.com
and User with respect to the subject matter hereof.
PompanoForum.com may, at any time, modify
any of the terms and conditions contained in this agreement
by posting such changes on the PompanoForum.com web site.
If you do not agree to the changes, your only remedy is to
cancel your PompanoForum.com membership.
PompanoForum.com is a service of Netsite Architect,
Inc. © 2004. All Rights Reserved.
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