TERMS |
Last Updated: June 2008 II. Forum Rules III. Indemnification IV. Privacy and Security Policies V. Disclaimer
VIII. Miscellaneous Provisions This website is operated and maintained by NOT-NOT, INC. (also referred to as the "Company"). This online site, www.AnotherNow.com (also referred to as the "Website") is available for members of the public (also referred to as the "Users"). AS A VISITOR, SUBSCRIBER, OR USER TO OUR WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY INFORMATION AVAILABLE ON THIS WEBSITE SHALL BE ENTIRELY AT YOUR OWN RISK. THE COMPANY ENCOURAGES YOU TO EXERCISE DISCRETION AND CAUTION WHILE USING THIS WEBSITE AND THE SERVICES ARISING FROM SUCH USE. YOU ARE AWARE THAT NOT-NOT, INC. HAS NO INVOLVEMENT WITH REGARD TO ANY AND ALL TRANSACTIONS, AGREEMENTS, RELATIONSHIPS, AND/OR UNDERSTANDINGS BETWEEN ANY PARTIES ARISING FROM USE OF THIS WEBSITE. The Company provides this website to you, subject to the terms and conditions stated in this Terms of Use. The Company may change these Terms of Use from time to time, without notice, so you should periodically review it from time to time. BY USING THE COMPANY'S WEBSITE AND RELATED SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY CONTAINED THEREIN AND ANY CHANGES TO THESE TERMS OF USE. Your use of this website as a Visitor, Subscriber, User, or otherwise indicates your acknowledgment and agreement to these Terms of Use, including our Privacy Policy contained therein and other notices posted on this website. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this website. You agree to use this website and its services only for legal and permitted purposes, and you agree that you will not upload, transfer, post, or email any illegal, offensive, obscene, defamatory, libelous, slanderous, confidential, private, or distasteful material. You may download the content of the website only for your personal and non-commercial use. You agree not to make any other copies or modify the content or material. You further agree not to stalk or harass other users of the website. You agree that any content you provide to the website or other users thereon is your own content and does not violate any other's copyrights, trademarks, trade secrets, trade names, patents, or other intellectual property rights. You understand that the Company does not monitor all of the website's users, and the user's content that these users provide to the website or other users, but the Company reserves the right to delete, modify, or erase material in its sole discretion. You agree not to upload or transmit intentionally any computer viruses, worms, Trojan horses, or other malicious code to the web site, or to any of the website's users. You agree not to hack into or intentionally upload any malicious computer code to the Company's website or intentionally transmit such to other users thereon. You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not: 1) Upload, post or otherwise transmit through or to this website any content that: a) is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable; b) might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; or c) contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements; 2) Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks; 3) Provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication; 4) Transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages, including but not limited to SPAM;
5) Collect information about other visitors, Subscribers, or Users to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses; 6) Sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by the Company; 7) Redistribute any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method; 8) Intentionally alter the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data; 9) Embed or import any financial data provided by us into any information services (whether or not web-based), data files or application software, including without limitation accounting and payroll systems, except as except as specifically permitted in writing by Company. By uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.
II. Forum Rules · We require all posts to be positive, constructive, and on topic. We may delete individual posts that could ruin a good topic thread. · Having fun is good, we like fun (it's healthy). Please keep it positive and polite. We do not censor opinions or ideas on our forums but we do take action against posts and/or topics that could cause unrest in the community beyond a civil and polite disagreement. · You may not advertise or promote other companies or their programs which may compete with the Company or Website. · We reserve the right to ban any member who violates our guidelines or disrupts the community. We will be fair and provide warning in most cases. · There will be no excessive use of profanity. · There will be no racial, ethnic, gender based insults or any other personal discriminations. · There will no posts meant to offend or hurt any other member, in a manner which is offensive or inflammatory. · Spamming is not permitted; please keep all your posts as constructive as possible. · Pornography, Warez, or any other illegal transactions may NOT be linked in any shape or form. · All posts are property of the poster. This forum and all websites owned in conjunction with this forum have the right to request alteration or deletion of any offensive post. Posts may be deleted for any reasons the forum administrators deem reasonable. · Users may not argue a moderators decision publicly. Any and all complaints directed at a moderator must first address the moderator in question via Profile Messaging (PM). If the problem cannot be resolved, then the moderator and user must send their positions to the forum admin. The forum admin will make or change any and/or all final decisions. · Pictures may be posted as long as they are not explicit or offensive. If you plan to post more than one image, or the topic is based on graphics, please link the images rather than screening. · Signatures may contain images, but may not be any larger than 300x150. If your signature is larger than the allotted size given, you will be requested by a moderator to resize your image. Please also keep text signatures under 5 lines. Failing to append with a moderator will result in the removal of your signature. · Advertising, commercial-related or competing products are all forbidden in any relation to your account.
· Please keep foul langrage to a minimum. Any excessive un-called for language will be removed and you will receive a final warning. · If a topic is recognized as being posted in the wrong forum, or if the post is in violation of our guidelines, then please contact a moderator either via PM or the ‘report post to moderator' feature. Please do not respond publicly to the member - a member of staff will do what is required upon contact. Any person/s who attempt to present themselves as a Moderator by posting negatively to a member's topic (which has been posted in error and requires locking or moving to another forum) will be sent a PM warning and placed into moderation queue upon further actions. · Any impersonation of a user from these forums, in any mode of communication, is strictly prohibited and will result in banning. · Linked and locked topics are pruned regularly to reduce page clutter. If you have a question about where your topic went, please PM a Moderator or Administrator before starting a new topic asking where it went, or posting a duplicate of the original topic. We will be happy to provide you with a link to the new location, or a reason why it was locked and/or removed. · You may have one user name on the board at any one time. If you wish to change your name, you can do so through the Edit Your Details option in your Profile. We reserve the right to merge or delete multiple accounts.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS NOT-NOT, INC., THE COMPANY AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTIES HARMLESS, FROM ANY AND ALL LOSSES, COSTS, DAMAGES, LIABILITIES, EXPENSES, AND FEES (INCLUDING REASONABLE ATTORNEY'S FEES) RELATING TO OR ARISING OUT OF USER'S USE OF THIS WEBSITE, INCLUDING: 1) USER'S BREACH OF THIS THESE TERMS OF USE, 2) ANY ALLEGATION THAT ANY MATERIALS THAT USER SUBMITS OR TRANSMITS TO THE SERVICE, WEBSITE, OR WEBPAGE INFRINGE OR OTHERWISE VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY; 3) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF OTHERS; AND/OR 4) USER'S ACTIVITIES IN CONNECTION WITH THIS WEBSITE. IV. Privacy and Security Policies Company collects certain information from its users on a voluntary basis. The company uses this information in conformity with this privacy policy. The Company collects personal information when you register or subscribe with our website or during our relationship with you, from time to time. We use this information for our own commercial purposes and to provide you with our services. We do not collect information from users who are younger than 18 years of age. We do not disclose personal information that you provide to us, unless you authorize us, or the law requires it, or it is used in connection with the protection of our website's security or the protection of the rights of the Company. You agree to provide us with truthful and accurate information. The Company, its advertisers, and other third parties may collect and use non-personal information on the website's users and also use cookies. Cookies are data placed on the user's hard drive that help track users and their preferences. This information does not include the name, address, email address, or telephone number of the user. This non-personal information is used in the placement and pricing of advertisements on the website and the tracking of the use of the website by its users. This helps the Company provide a better service to its users. The Company utilizes its best practices to protect the security of any information submitted or transmitted by you to www.AnotherNow.com including, but not limited to, personally identifiable information. The Company works to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information that you input. The Company does not store credit card information within its website. Information is securely transmitted directly to the credit card payment processor.
THE WEBSITE AND ITS RELATED SERVICES ARE PROVIDED TO YOU AS IS AND AS AVAILABLE. THE COMPANY, ITS AGENTS, AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THIS WEBSITE AND THE SERVICES PROVIDED THEREIN. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THIS WEBSITE, THE INFORMATION OR CONTENT CONTAINED THEREIN OR SERVICES ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF GOODWILL, THE LOSS OF USE OR DATA, OR OTHER SIMILAR LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. The wellness articles and information on this site is for educational purposes only and is not recommended as a means of diagnosing or treating an illness. All matters concerning physical and mental health should be supervised by a health practitioner knowledgeable in treating that particular condition. Never begin a new diet or exercise regiment without the supervision of a qualified health practitioner. IN NO EVENT WILL NOT-NOT, INC. BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF NOT-NOT, INC. OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NOT-NOT, INC.'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NOT-NOT, INC. FOR THE SERVICE DURING THE TERM OF YOUR SUBSCRIPTION.
NOT-NOT, INC. DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE VISITORS, SUBSCRIBERS, OR USERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, NOT-NOT, INC. WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER VISITORS, SUBSCRIBERS, OR USERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU THROUGH THE SERVICE. THESE DAMAGES SHALL INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT. All intellectual property rights relating to this Website shall be owned by NOT-NOT, INC. These rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing, together with the right to apply for protection of the same. VIII. Miscellaneous Provisions This Terms of Use agreement shall be governed exclusively by the laws of the state of Florida. Venue shall reside exclusively in Hillsborough County, Florida. If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. Any waiver of any term of this agreement does not constitute a waiver of any other term or a continuing waiver of it. The Company reserves the rights stated in this agreement. If you have any questions about our policies, please contact the admin department as posted on NOT-NOT, INC's website in Contact Us. [top] |
