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WebGroups Terms and Conditions
This Agreement (the "Agreement") governs your access and use of WebGroups / Tripcony Consulting, Inc's facilities, bulletin boards and service (the "Service"). The term "WebGroups" will refer to Tripcony Consulting, Inc as the contracting organization, hereafter. In consideration for your right to access and use the Service, you and WebGroups / Tripcony Consulting, Inc agree as follows:
1. ACCEPTANCE OF TERMS
By clicking the "I Accept" button on the account sign up form, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 19 below.
2. THE WebGroups SERVICE
The WebGroups Service, as provided by Tripcony Consulting, Inc, is an online application, enabling businesses and individuals to build, join and participate in customized and personalized discussion groups and message boards. You understand and agree that the Service is provided "AS-IS" and that WebGroups assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular boards, features or services, (3) the inability to access the Service, (4) the failure or inability to post materials to the Service, (4) the deletion of materials posted to the Service or (5) the failure to store materials posted to the service.
Following registration, WebGroups will send you a Password and User ID. You are solely responsible for maintaining the confidentiality of your Password and User ID. You agree that anyone with whom you share your password will abide by this Agreement, and that you will be liable for the conduct of those using your account and password. You are encouraged to and may change your password at any time. If you learn of any unauthorized use of your account or password, you agree to notify WebGroups immediately by submitting an email to firstname.lastname@example.org.
4. CONTENT ACCESSIBLE ON THE SERVICE
The WebGroups Service contains a huge variety of information, data, messages, directions, computer programs, pictures, audio/visual works and other materials (the "Content") that users post. Please use caution and common sense when viewing WebGroups communities. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that WebGroups is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will WebGroups be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.
You acknowledge that WebGroups does not pre-screen Content, but agree that WebGroups shall have the right (but not the obligation) to access any board, and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, WebGroups shall have the right to access any board and remove or restrict access to any Content that violates this Agreement or that WebGroups believes is otherwise objectionable.
You acknowledge and agree that WebGroups may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of WebGroups, its users and the public.
5. LICENSE GRANTED TO WebGroups
You grant WebGroups the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the Service, for the purposes of displaying such information on WebGroups' sites and for the promotion and marketing of WebGroups' services. However, WebGroups will not resell, attempt to resell, or otherwise convey these rights to any third party.
6. USER CONDUCT
You agree to not use the Service to:
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights
(c) upload, post, email or otherwise transmit any Content that
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(f) interfere with or disrupt the Service, computer servers or boards accessible through the Service;
(g) disseminate off-topic messages on boards promoting any product,
service, web site, board or venture, or promote boards on the Service
through unsolicited electronic mail messages to third parties.
7. MEMBER DISPUTES
You are solely responsible for your interactions with other users of the Service. WebGroups reserves the right, but has no obligation, to monitor disputes between you and other users of the Service.
8. CREATION OF BOARDS
In using the Service to create or make accessible a board, you agree to use your best efforts to ensure that individuals posting Content to the board comply with Paragraph 6 of this Agreement, and agree to take action to remove or disable access to any Content on the board that violates Paragraph 6 of this Agreement.
9. COMMUNITY-SUPPORTED COMMUNITIES PROGRAMS
By signing up to be a registered user or administrator under a WebGroups account, you agree to the following:
(a) You expressly understand and acknowledge WebGroups' Disclaimer of
Warranties under Section 13 below and that WebGroups will not be liable
for any damages under this Agreement pursuant to the Limitations of Liability
in Section 14 below. You expressly understand and acknowledge that the
pricing reflected in WebGroups' program is based on the above limitations,
and that the limitations in this Section 9(a) represent a reasonable allocation
of risk for the parties.
10. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE
You agree that WebGroups may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to a given board or the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that WebGroups has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. MODIFICATION AND TERMINATION OF SERVICE
WebGroups reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part of
it) with or without notice. You agree that WebGroups shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the Service.
12. OTHER WEB SITES AND RESOURCES
Third parties using the Service may provide links or access to other web sites and resources. Because WebGroups has no control over such sites and resources, you acknowledge and agree that WebGroups is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WebGroups shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBGROUPS AS A PART OF TRIPCONY CONSULTING, INC, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBGROUPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
You agree to indemnify and hold WebGroups, Tripcony Consulting, Inc, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.
Notices to you may be made via either email or regular mail. WebGroups may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.
19. LEGAL DISPUTES
This Agreement and your relationship with WebGroups / Tripcony Consulting, Inc shall be governed by the laws of the State of Arkansas without regard to its conflict of law provisions. You and WebGroups agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Pulaski County, Arkansas, USA agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We may amend this Agreement at any time by posting the amended terms on our site at http://www.WebGroups.biz/terms_and_conditions.php. All amendments shall automatically be effective 30 days after they are initially posted on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by an officer of WebGroups. This Agreement was last modified on August 26, 2003.
This Agreement constitutes the entire agreement between you and WebGroups / Tripcony Consulting, Inc with respect to the Service and supersedes all prior agreements and understandings between you and WebGroups / Tripcony Consulting, Inc. Any failure by WebGroups / Tripcony Consulting, Inc to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Paragraphs 13, 14, 15, 16 and 17 of this Agreement shall survive any termination of the Agreement.
If you are an Arkansas resident, you may have a copy of this Agreement emailed to you by sending a letter to Tripcony Consulting, Inc, 4 Eleanor Court, Little Rock, AR 72212 Attn: Shane Tripcony with your email address and a request for the Agreement.
22. OFFICIAL LANGUAGE - ENGLISH
This AGREEMENT AND THE WebGroups group of sites are developed in English and MAY BE translated into other languages. TO THE EXTENT A TRANSLATION OF THE AGREEMENT OR THE SITE IS PROVIDED, IT IS AFFORDED AS a convenience only. For all purposes, only the English VERSION OF THIS AGREEMENT, AND THE ENGLISH VERSIONS OF THE WebGroups SITES SHALL BE OFFICIAL AND BINDING ON THE PARTIES. WebGroups / Tripcony Consulting, Inc is not responsible for the accuracy and correctness of the translation. You are solely responsible to carefully read AND UNDERSTAND the English text and YOU AGREE THAT YOU MAY NOT RELY on translations provided AS OFFICIAL DOCUMENTS OR REPRESENTATIONS.
Submitting A Complaint/Legal Issue
To submit a complaint related to Terms and Conditions, please send a letter outlining your specific complaint to Tripcony Consulting, Inc, 4 Eleanor Court, Little Rock, AR 72212 Attn: Shane Tripcony with your email address. Complaints regarding issues not specifically listed in any section of our Terms Guide may not receive a response.
|All information copyright 2003 by Tripcony Consulting, Inc. WebGroups is a part of Tripcony Consulting, Inc.|