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TERMS OF USE
AGREEMENT BETWEEN YOU AND REAL PWS
The Real PWS Web Site is made up of various Web sites and Web pages operated by Real PWS, a division of 3Doves LLC, P.O. Box 34040, Bartlett, Tennessee 38184-0040 or its affiliates collectively, the "Real PWS Web Sites"). This Terms of Use applies to the Real PWS Web Site and does not apply to the content of third parties.
The Real PWS Web Sites are offered to you conditioned on your acceptance without modification of the terms and conditions contained herein. Your use of the Real PWS Web Sites constitutes your agreement to all such terms and conditions.
The Real PWS Web Sites may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers.
General public use or subscribers of a particular Real PWS Web Site, or any product or service offered on any Real PWS Web Site (each a “Real PWS Site/Service”, and collectively “Real PWS Sites/Services”) may require that you open an account. Should this happen, you are entirely responsible for maintaining the confidentiality of your user id and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Real PWS immediately of any unauthorized use of your account or any other breach of security. Real PWS will not be liable for any loss that you may incur as a result of someone else using your userid and password, either with or without your knowledge. However, you could be held liable for losses incurred by Real PWS or another party due to someone else using your user id and password. You may not use anyone else’s user id and password at any time, without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
Real PWS reserves the right to change the terms and conditions under which the Real PWS Sites/Services are offered, including but not limited to the charges associated with the use of the Real PWS Sites/Services. You are responsible for regularly reviewing these terms and conditions and any additional terms posted on particular Real PWS Sites/Services. Your continued use of the Real PWS Sites/Services constitutes your agreement to all such terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Real PWS Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Real PWS Sites/Services. Without the advance express written permission of Real PWS, you may not ‘meta-search’ the RealP WS Sites/Services, send, or cause to be sent, any automated queries of any sort to the Real PWS Sites/Services, or use the Real PWS Sites/Services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any Real PWS Sites/Services to determine how a web site “ranks” on any Real PWS Sites/Services.
LINKS TO THIRD PARTY SITES
The Real PWS Sites/Services may contain links to third party Web Sites ("Linked Sites"). The Linked Sites are not under the control of Real PWS and Real PWS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Real PWS is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Real PWS responsible if the Linked Site is not working appropriately. Real PWS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Real PWS of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the Real PWS Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Real PWS shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Real PWS Sites/Services, you will not use the Real PWS Sites/Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Real PWS Sites/Services in any manner that could damage, disable, overburden, or impair any Real PWS Site/Service(s) (or the network(s) connected to any Real PWS Site/Service(s)) or interfere with any other party's use and enjoyment of any Real PWS Site/Service(s). You may not attempt to gain unauthorized access to any Real PWS Site/Service, other accounts, computer systems or networks connected to any Real PWS Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Real PWS Sites/Services.
USE OF SERVICES
The Real PWS Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Real PWS official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e). upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters,"pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
(h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) "stalk" or otherwise harass another; or
(m) collect or store personal data about other users.
Real PWS reserves the right at all times to disclose any information as Real PWS deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Real PWS's sole discretion.
MATERIALS PROVIDED TO REAL PWS OR POSTED AT ANY REAL PWS WEB SITE
Real PWS does not claim ownership of the materials you provide to Real PWS (including feedback and suggestions) or post, upload, input or submit to any Real PWS Site/Service or its associated services for review by the general public. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Real PWS, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Real PWS Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a Real PWS Site/Service.
No compensation will be paid with respect to the use of your Submission, as provided herein. Real PWS is under no obligation to post or use any Submission you may provide and Real PWS may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE REAL PWS SITES/SERVICES
All content and software (if any) that is made available to view and/or download in connection with the Real PWS Sites/Services, excluding content and/or software that may be made available by end-users, ("Software") is owned by and is the copyrighted work of Real PWS and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, Real PWS hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Real PWS Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE REAL PWS SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE REAL PWS SITES/SERVICES AND TO THE INFORMATION THEREIN. REAL PWS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE REAL PWS SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE REAL PWS SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
REAL PWS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE REAL PWS SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. REAL PWS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT REAL PWS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN REAL PWS SITE/SERVICE. YOU SPECIFICALLY AGREE THAT REAL PWS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT REAL PWS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN REAL PWS SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL REAL PWS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE REAL PWS SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE REAL PWS SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE REAL PWS SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE REAL PWS SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REAL PWS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE REAL PWS SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE REAL PWS SITES/SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that Real PWS may establish limits concerning use of any Real PWS Service offered on an Real PWS Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any Real PWS Service, the maximum number of e-mail messages that may be sent from or received by an account on any Real PWS Service, the maximum size of an e-mail message that may be sent from or received by an account on any Real PWS Service, the maximum disk space that will be allotted on Real PWS servers on your behalf, and the maximum number of times and duration you may access any Real PWS Service in a given period of time.
You agree that Real PWS has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Real PWS Service. You acknowledge that Real PWS reserves the right to log off accounts that are inactive for an extended period of time.
REAL PWS MAKES NO WARRANTY THAT ANY REAL PWS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
TERMINATION/ACCESS RESTRICTION
Real PWS reserves the right, in its sole discretion, to terminate your access to any or all Real PWS Sites/Services and the related services or any portion thereof at any time, without notice.
Real PWS may also terminate or suspend your access to Real PWS Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Real PWS. The amount of time that Real PWS currently considers as an "extended" period of time is six (6) months. Upon termination of the Real PWS Site/Service, your right to use the Real PWS Site/Service immediately ceases.
Real PWS shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
NO SPAM; DAMAGES
Real PWS will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Real PWS liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Real PWS actual damages, to the extent such actual damages can be reasonably calculated.
GENERAL
This agreement is governed by the laws of the State of Tennessee, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Shelby County, Tennessee, U.S.A. in all disputes arising out of or relating to the use of the Real PWS Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Real PWS as a result of this agreement or use of the Real PWS Sites/Services. You agree to indemnify and hold Real PWS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Real PWS Sites/Services.
Real PWS reserves the right to disclose any personal information about you or your use of the Real PWS Sites/Services, including its contents, without your prior permission if Real PWS has a good faith belief that such action is necessary to:
(a) conform to legal requirements or comply with legal process;
(b) protect and defend the rights or property of Real PWS or its affiliated companies;
(c) enforce the terms or use; or
(d) act to protect the interests of its members or others. Real PWS performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Real PWS right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Real PWS Sites/Services or information provided to or gathered by Real PWS with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Real PWS with respect to the Real PWS Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Real PWS with respect to the Real PWS Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Real PWS Web Sites are: Copyright (c) 2009 Real PWS. 3Doves LLC and/or its suppliers, P.O. Box 34040, Bartlett, TN, 38184-0040, U.S.A. All rights reserved.
TRADEMARKS. Real PWS and/or other Real PWS products and services referenced herin may also be either trademarks or registered trademarks of Real PWS.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred.
Any rights not expressly granted herein are reserved.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement must be made in writing and mailed to: 3Doves LLC, ATTN: Real PWS, Copyright Infringement Claim, P.O. Box 34040, Bartlett, TN 38184-0040. The claim must be signed by the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed along with information reasonably sufficient to permit Real PWS to contact the Complaining Party, identification of the copyrighted work claimed to have been infringed and proof of copyright ownership. Once the claim is received and confirmed, Real PWS will take action to remove the work cited within the claim no later than fourteen (14) business days after the claim is confirmed.
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