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TERMS
OF MEMBERSHIP...
ACCEPTANCE By using the Products and Services, you are agree,
without limitation or qualification, to be bound by, and to comply with, these
Terms and Conditions and any other posted guidelines or rules applicable to any
individual SDTadvertising.com Hot List Network web site, Product or Service. All such
guidelines and rules are hereby incorporated by reference into the Terms and
Conditions. CONDITIONS AND
RESTRICTIONS ON USE Use of the Products
and Services is subject to compliance with these Terms and Conditions. You
acknowledge and agree that site administrator may terminate your access to the
SDTadvertising.com Hot List Network or to any of the Products and Services should you
fail to comply with the Terms and Conditions or any other guidelines and rules
published at SDTadvertising.com Hot List. Any such termination shall be in our sole
discretion and may occur without prior notice, or any notice. Site Administrator
further reserves the right to terminate any user's access to the SDTadvertising.com
Hot List Network or
to any of the Products and Services for any conduct that the site administrator, in
its sole discretion, believes is or may be directly or indirectly harmful to
other users, to SDTadvertising.com Hot List or its subsidiaries, affiliates, or business contractors, or
to other third parties, or for any conduct that violates any local, state,
federal, or foreign laws or regulations. Site Administrator further reserves the
right to terminate any user's access to the SDTadvertising.com Hot List Network or to any of the
Products and Services for any reason or for no reason at all, in the site administrator's sole discretion, without prior notice, or any notice.
In order to use the Products and Services, users must have access to the
World Wide Web and must navigate the Internet to http://www.SDTadvertising.com/hotlist or
another of the URLs associated with the SDTadvertising.com Hot List Network.
The SDTadvertising.com Hot List site administrator does not discriminate on the basis of age, gender, race,
ethnicity, nationality, religion, sexual orientation, or any other protected
status.
Subscriber Agreement
The Web site located at http://www.SDTadvertising.com/hotlist
("Site") is provided by
Michelle Utter, Owner and Site Administrator. Your access to and use of the Site is governed by this
Subscriber Agreement ("Agreement"). As used in this Agreement,
"SDTadvertising.com Hot List ," "we," "us'" or "our" refers to SDTadvertising.com
Hot List ,
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
SDTadvertising.com Hot List .
1. Access and Passwords
As part of the subscription process for this Site, you have been
assigned a particular username and password in accordance with
SDTadvertising.com Hot List '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 @ sdtadvertising.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
SDTadvertising.com Hot List or until you notify SDTadvertising.com Hot List by email or as
designated on the Site of your decision to terminate your membership. 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. SDTadvertising.com Hot List 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 SDTadvertising.com Hot List username and password will be billed to the Paypal/credit
card account designated during the registration process for the Site or subsequently
designated by you to SDTadvertising.com Hot List . 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
@ sdtadvertising.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
SDTadvertising.com Hot List , 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
SDTadvertising.com Hot List 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 SDTadvertising.com
Hot List
nor its affiliates, not any of their officers, directors, employees, or agents.
You acknowledge that SDTadvertising.com Hot List does not pre-screen all content, but
that SDTadvertising.com Hot List 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,
SDTadvertising.com Hot List and its designees shall have the right to remove any
content that violates this Agreement or is otherwise objectionable. You
specifically agree that SDTadvertising.com Hot List 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 SDTadvertising.com
Hot List (or
material that other suppliers have licensed to SDTadvertising.com Hot List for their
use) which is protected by copyright and other laws respecting proprietary
rights. SDTadvertising.com Hot List 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 SDTadvertising.com Hot List 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 SDTadvertising.com
Hot List 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 SDTadvertising.com
Hot List
. 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 SDTadvertising.com Hot List and/or SDTadvertising.com Hot List ’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 SDTadvertising.com Hot List , and/or any of
SDTadvertising.com Hot List ’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 SDTadvertising.com Hot List ; 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
SDTadvertising.com Hot List .
If you breach any provision of this Agreement, SDTadvertising.com
Hot List 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. SDTadvertising.com
Hot List
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 SDTadvertising.com Hot
List 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 SDTadvertising.com Hot List , 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.
h. Release any
confidential group information and/or upcoming
events to any outside 3rd party.
7. Accuracy and Availability of Information
The Site contains database information and other content compiled by
SDTadvertising.com Hot List . While we use commercially reasonable efforts to provide
accurate information, SDTadvertising.com Hot List gives no warranty as to the accuracy
of the database and other content on the Site. SDTadvertising.com Hot List reserves the
right to withdraw or delete information or content from the Site at any
time.
8. Links to Third Party Sites
SDTadvertising.com Hot List does not endorse the content on any third-party Web
site, including Web sites of SDTadvertising.com Hot List 's affiliates ("Third-Party
Sites"). SDTadvertising.com Hot List 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 SDTadvertising.com Hot List 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 SDTadvertising.com
Hot List 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 SDTadvertising.com Hot List AND ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH
ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND SDTadvertising.com Hot
List 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, SDTadvertising.com Hot List 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 SDTadvertising.com Hot List 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
SDTadvertising.com Hot List HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL SDTadvertising.com Hot
List 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 SDTadvertising.com Hot List 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 SDTadvertising.com Hot List .
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
SDTadvertising.com Hot List may terminate your subscription and/or access, or
suspend access to all or part of the Site, without notice, for any conduct that
SDTadvertising.com Hot List , 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 SDTadvertising.com Hot List . SDTadvertising.com
Hot List
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 SDTadvertising.com Hot List in a non-electronic
record, and any assignment without SDTadvertising.com Hot List 's consent will be
voidable at SDTadvertising.com Hot List '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 WV , without regard to
principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate
SDTadvertising.com Hot List and/or its affiliates' intellectual property rights,
SDTadvertising.com Hot List and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of WV , 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:
Harrison County . 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: webmaster@SDTadvertising.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
SDTadvertising.com Hot List may change the provisions of this Agreement. When
SDTadvertising.com Hot List changes the terms of this Agreement, SDTadvertising.com
Hot List
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 SDTadvertising.com Hot List except in a signed,
non-electronic writing signed by an authorized representative of
SDTadvertising.com Hot List .
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
SDTadvertising.com Hot List or its affiliates as a result of this Agreement or your use
of the Site. Privacy and
Accuracy. All information stored about you will be kept private and will not
be sold or rented to anyone for any purpose. All information and statistics
within the site are to the best of our knowledge accurate and true. If any
content is proven not to be true, the SDTadvertising.com Hot List administrator cannot be held liable. This
agreement will be governed by and construed in accordance with the laws of the
State of West Virginia, without regard to your actual state or country of
residence. Any waiver, amendment or other modification of any provision of this
Agreement will be effective only if in writing and signed by the SDTadvertising.com
Hot List
administrator.
If for any reason a court of competent jurisdiction finds any provision or
portion of this Agreement to be unenforceable, the remainder of this Agreement
will continue in full force and effect. This Agreement constitutes the entire
agreement between the parties with respect to the subject matter hereof, and
supercedes and replaces all prior or contemporaneous understandings or
agreements, written or oral regarding such subject matter.
Every effort
has been made to accurately represent our product and it's potential. Any claims
made of actual earnings or examples of actual results can be verified upon
request. The testimonials and examples used are exceptional results, don’t
apply to the average purchaser and are not
intended to represent or guarantee that anyone will achieve the same or similar
results. Each individual’s success depends on his or her background,
dedication, desire and motivation. As with
any business endeavor, there is an inherent risk of loss of capital and there is
no guarantee that you will earn any money.
The SDTadvertising.com Hot List administrator reserves the
right to modify, change, or alter these terms and conditions at any time without
notice.
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