USER
AGREEMENT ("Agreement")
ACCEPTANCE
OF TERMS THROUGH USE
By using this
site, you ("User") signify your agreement
to these terms and conditions. If
you do not agree to this Agreement
please do not use this site.
Please check
this Agreement periodically for changes
as the owner of this site Booher Consultants, Inc. reserves the right to revise
this Agreement and your continued
use of this site following the posting
of any changes to the Agreement constitutes
acceptance of such changes. Booher Consultants, Inc. reserves the right to terminate
a User's use of this site at any
time without notice and may do so
for any breach of this Agreement
or the instructions on this site
by User. This Agreement applies to
licensors and advertisers as well.
YOU
MUST BE OVER 18 TO AGREE TO THIS
AGREEMENT AND USE THIS SITE
This Agreement
must be completed, understood and
agreed to by a person over 18. If
a parent or guardian wishes to permit
a person under 18, and under his
or her supervision, to use this site,
he or she should email Booher Consultants, Inc. with his or her explicit permission
and acceptance of full legal responsibility
for the minor to do so. If you are
not yet 18, if you are easily offended,
or are accessing this site from any
country where material on this site
is prohibited or illegal, please
leave now as you do not have permission
to access this site.
LICENSE
TO USE THIS SITE
Upon your agreement
to this Agreement, Booher Consultants, Inc.
hereby grants you a non-exclusive,
non-transferable limited license
to use this site in strict accordance
with the terms and conditions in
this Agreement and as permitted via
instructions on this site. You agree
not to make any false or fraudulent
statements in your use of or to gain
access to this site. You acknowledge
and agree that all content and services
available on this site are property
of Booher Consultants, Inc. and its advertisers
and licensors and are protected by
copyrights, moral rights, trademarks,
service marks, patents, trade secrets,
and other proprietary rights and
laws, in the U.S. and internationally.
All rights not expressly granted
herein are fully reserved by Booher Consultants, Inc., its advertisers and licensors.
LICENSE
RESTRICTIONS
Use
Except as may
be explicitly permitted through this
site, you agree not to save, download,
cut and paste, sell, license, rent,
lease, modify, distribute, copy,
reproduce, transmit, publicly display,
publicly perform, publish, adapt,
edit, or create derivative works
from materials, code or content on
or from this site. Systematic retrieval
of data or other content from this
site to create or compile, directly
or indirectly, a collection, compilation,
database or directory without written
permission from Booher Consultants, Inc.
is prohibited. In addition, use of
the content or materials for any
purpose not expressly permitted in
this Agreement is prohibited.
Security
You agree that
if you are issued a Username and
Password by Booher Consultants, Inc., you
shall use your best efforts to prevent
access to this site through your
Username and Password by anyone other
than yourself, including but not
limited to, keeping such information
strictly confidential, notifying
Booher Consultants, Inc. immediately if you
discover loss or access to such information
by another party not under your control
and supervision, and by using a Username
and Password not easily guessed by
a third party.
You agree that
you shall not try to reverse engineer,
reverse assemble, reverse compile,
decompile, disassemble, translate
or otherwise alter any executable
code, contents or materials on or
received via this site. You understand
that such actions are likely to subject
you to serious civil and criminal
legal penalties and that Booher Consultants, Inc. shall pursue such penalties to
the full extent of the law to protect
its rights and the rights of its
other licensors.
International
Users
Accessing this
site, and services, products or contents
available on this site, except as
expressly allowed through instructions
and truthful statements by the User
in regard to use of this site, from
places outside the U.S. or where
their contents are illegal, is prohibited.
Those who choose to access this site
from other locations do so knowingly
on their own initiative and voluntarily
at their own risk and are responsible
for compliance with local laws. None
of the information on this site may
be downloaded, exported or reexported
into Iran, Iraq, Syria, Libya, Sudan,
Cuba, North Korea, Yugoslav Republic
(Serbia and Montenegro), Rwanda,
Nigeria or any other country with
restrictions imposed by the U.S.
Government. By using this site, you
agree that you are not a citizen
of or a resident in any of these
countries.
Export
You agree that
you shall comply with all applicable
export and import control laws and
regulations in your use of this site,
or materials or services received
through this site, and, in particular,
you shall not export or re-export
anything on or received through this
site in violation of local or foreign
export laws and/or without all required
U.S. and foreign government licenses.
Government
Use
If you are a
branch or agency of the U.S. Government,
the following provision applies.
This site, code, contents, services
and accompanying documentation are
comprised of "commercial computer
software" and "commercial computer
software documentation" as such terms
are used in 48 C.F.R. 12.212 (SEPT
1995) and are provided to the Government
(i) for acquisition by or on behalf
of civilian agencies, consistent
with the policy set forth in 48 C.F.R.
12.212; or (ii) for acquisition by
or on behalf of units of the Department
of Defense, consistent with the policies
set forth in 48 C.F.R. 227.7202-1
(JUN 1995) and 227.7202-3 (JUN 1995).
Unpublished rights reserved under
the copyright laws of the United
States.
USER'S
LICENSE GRANT TO SITE
Except with
regard to personal information, all
information which you post on this
site or communicate to Booher Consultants, Inc. through this site (collectively "Submissions")
shall forever be the property of
Booher Consultants, Inc.. You agree to the
Site Submission Rules found below
as part of this Agreement if provided
on the site by Booher Consultants, Inc..
Booher Consultants, Inc. shall not treat
any submission as confidential and
shall not incur any liability as
a result of any similarities that
may appear in future Company services
or products. Without limitation,
Booher Consultants, Inc. shall have exclusive
ownership of all present and future
existing rights to any Submission
of every kind and nature everywhere.
You acknowledge that you are fully
responsible for the message, including
its legality, reliability, appropriateness,
originality and copyright. You hereby
represent and warrant that your Submission
does not infringe the rights of any
third party.
TRADEMARKS
Booher Consultants, Inc., licensors' or other third
party materials, services or products
referenced on this site are common
law or registered trade marks or
service marks of such parties.
THIRD
PARTY SITES
You may be transferred
to online merchants or other third
party sites through links or frames
from this site. You are cautioned
to read such sites' Terms and Conditions
and/or Privacy Policies before using
such sites in order to be aware of
the terms and conditions of your
use of such sites. These sites may
contain information or material that
is illegal, unreasonable or that
some people may find inappropriate
or offensive. These other sites are
not under the control of Booher Consultants, Inc., are not monitored or reviewed
by Booher Consultants, Inc., and Booher Consultants, Inc. is not aware of the contents
of such sites. You acknowledge that
Booher Consultants, Inc. is not responsible
for the accuracy, copyright compliance,
legality, decency, or any other aspect
of the contents or any transmissions
received through such sites. The
inclusion of such a link or frame
does not imply endorsement of this
site by Booher Consultants, Inc., its advertisers
or licensors, any association with
its operators and is provided solely
for your convenience. You agree that
Booher Consultants, Inc. and its licensors
have no liability whatsoever from
such third party sites and your usage
of them.
DISCLAIMER
OF WARRANTIES
BOOHER CONSULTANTS, INC., ITS ADVERTISERS AND LICENSORS
MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT THIS SITE, THE SUITABILITY
OF THE INFORMATION CONTAINED ON OR
RECEIVED THROUGH USE OF THIS SITE,
OR ANY SERVICES OR PRODUCTS RECEIVED
THROUGH THIS SITE. ALL INFORMATION
AND USE OF THIS SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND.
BOOHER CONSULTANTS, INC., ADVERTISERS AND/OR
ITS LICENSORS HEREBY DISCLAIM ALL
WARRANTIES WITH REGARD TO THIS SITE,
THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE AND ANY
SERVICES OR PRODUCTS RECEIVED THROUGH
THIS SITE, INCLUDING ALL EXPESS,
STATUTORY, AND IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BOOHER CONSULTANTS, INC., ADVERTISERS AND/OR
ITS LICENSORS DO NOT WARRANT THAT
THE CONTENTS OR ANY INFORMATION RECEIVE
THROUGH THIS SITE ARE ACCURATE, RELIABLE
OR CORRECT; THAT THIS SITE WILL BE
AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION; THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED; OR THAT
THE CONTENTS OR ANY INFORMATION RECEIVED
THROUGH THIS SITE IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. YOUR
USE OF THIS SITE IS SOLELY AT YOUR
RISK. USER AGREES THAT IT HAS RELIED
ON NO WARRANTIES, REPRESENTATIONS
OR STATEMENTS OTHER THAN IN THIS
AGREEMENT. BECAUSE SOME JURISDICTIONS
DO NOT PERMIT THE EXCLUSION OF CERTAIN
WARRANTIES, THESE EXCLUSIONS MAY
NOT APPLY TO YOU BUT SHALL APPLY
TO THE MAXIMUM EXTENT PERMITTED BY
LAW OF YOUR JURISDICTION.
LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES
SHALL BOOHER CONSULTANTS, INC., ADVERTISERS
AND/OR ITS LICENSORS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM, OR ARISE OUT OF
THE USE OF, OR INABILITY TO USE,
THIS SITE, THE INFORMATION CONTAINED
ON OR RECEIVED THROUGH USE OF THIS
SITE, OR ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE. THIS
LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER BASIS, EVEN IF BOOHER CONSULTANTS, INC., ADVERTISERS AND/OR ITS LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
BOOHER CONSULTANTS, INC., ADVERTISERS AND/OR
ITS RESPECTIVE LICENSORS' LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED
TO THE MAXIMUM EXTENT PERMITTED BY
LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to
defend, indemnify, and hold harmless
Booher Consultants, Inc., its advertisers,
licensors, subsidiaries and other
affiliated companies, and their employees,
contractors, officers, agents and
directors from all liabilities, claims,
and expenses, including attorney's
fees, that arise from your use of
this site, or any services, information
or products from this site, or any
violation of this Agreement. Booher Consultants, Inc. reserves the right, at
it own expense, to assume the exclusive
defense and control of any matter
otherwise subject to indemnification
by you, in which event you shall
cooperate with Booher Consultants, Inc. in
asserting any available defenses.
LEGAL
COMPLIANCE
Company may
suspend or terminate this Agreement
or User's use immediately upon receipt
of any notice which alleges that
User has used this site for any purpose
that violates any local, state, federal
or law of other nations, including
but not limited to the posting of
information that may violate third
party rights, that may defame a third
party, that may be obscene or pornographic,
that may harass or assault others,
that may violate hacking or other
criminal regulations, etc. of its
agents, officers, directors, contractors
or employees. In such event, Company
may disclose the User's identity
and contact information, if requested
by a government or law enforcement
body or as a result of a subpoena
or other legal action, and Company
shall not be liable for damages or
results thereof and User agrees not
to bring any action or claim against
Company for such disclosure.
CHOICE
OF LAW AND FORUM
This site (excluding
third party linked sites) is controlled
by Booher Consultants, Inc. from its offices
within the State of Texas, U.S.
of America. It can be accessed from
all 50 states as well as from other
countries around the world to the
extent permitted by site. As each
of these places has laws that may
differ from Texas, by accessing
this site, both you and Booher Consultants, Inc. agree that the statues and laws
of Texas shall apply to any actions
or claims arising out of or in relation
to this Agreement or your use of
this site, without regard to conflicts
of laws principles thereof. You and
Booher Consultants, Inc. also agree and hereby
submit to the filing of any claim
only in the exclusive personal jurisdiction
and venue of Texas and any legal
proceedings shall be conducted in
English. Booher Consultants, Inc. makes no
representation that materials on
this site are appropriate or available
for use in other locations, and accessing
them from territories where their
contents are illegal is prohibited.
This Agreement shall not be governed
by the United Nations Convention
on Contracts for the Sale of Goods.
CLAIMS
OR REPRESENTATIONS
EVERY EFFORT
HAS BEEN MADE TO ACCURATELY REPRESENT
THIS PRODUCT AND IT'S POTENTIAL.
EVEN THOUGH THIS INDUSTRY IS ONE
OF THE FEW WHERE ONE CAN WRITE THEIR
OWN CHECK IN TERMS OF EARNINGS, THERE
IS NO GUARANTEE THAT YOU WILL EARN
ANY MONEY USING THE TECHNIQUES AND
IDEAS IN THESE MATERIALS. EXAMPLES
IN THESE MATERIALS ARE NOT TO BE
INTERPRETED AS A PROMISE OR GUARANTEE
OF EARNINGS. EARNING POTENTIAL IS
ENTIRELY DEPENDENT ON THE PERSON
USING OUR PRODUCT, IDEAS AND TECHNIQUES.
WE DO NOT PURPORT THIS AS A "GET
RICH SCHEME."
ANY CLAIMS MADE
OF ACTUAL EARNINGS OR EXAMPLES OF
ACTUAL RESULTS CAN BE VERIFIED UPON
REQUEST. YOUR LEVEL OF SUCCESS IN
ATTAINING THE RESULTS CLAIMED IN
OUR MATERIALS DEPENDS ON THE TIME
YOU DEVOTE TO THE PROGRAM, IDEAS
AND TECHNIQUES MENTIONED, YOUR FINANCES,
KNOWLEDGE AND VARIOUS SKILLS. SINCE
THESE FACTORS DIFFER ACCORDING TO
INDIVIDUALS, WE CANNOT GUARANTEE
YOUR SUCCESS OR INCOME LEVEL. NOR
ARE WE RESPONSIBLE FOR ANY OF YOUR
ACTIONS.
MATERIALS IN
OUR PRODUCT AND OUR WEBSITE MAY CONTAIN
INFORMATION THAT INCLUDES OR IS BASED
UPON FORWARD-LOOKING STATEMENTS WITHIN
THE MEANING OF THE SECURITIES LITIGATION
REFORM ACT OF 1995. FORWARD-LOOKING
STATEMENTS GIVE OUR EXPECTATIONS
OR FORECASTS OF FUTURE EVENTS. YOU
CAN IDENTIFY THESE STATEMENTS BY
THE FACT THAT THEY DO NOT RELATE
STRICTLY TO HISTORICAL OR CURRENT
FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND
OTHER WORDS AND TERMS OF SIMILAR
MEANING IN CONNECTION WITH A DESCRIPTION
OF POTENTIAL EARNINGS OR FINANCIAL
PERFORMANCE.
ANY AND ALL
FORWARD LOOKING STATEMENTS HERE OR
ON ANY OF OUR SALES MATERIAL ARE
INTENDED TO EXPRESS OUR OPINION OF
EARNINGS POTENTIAL. MANY FACTORS
WILL BE IMPORTANT IN DETERMINING
YOUR ACTUAL RESULTS AND NO GUARANTEES
ARE MADE THAT YOU WILL ACHIEVE RESULTS
SIMILAR TO OURS OR ANYBODY ELSES,
IN FACT NO GUARANTEES ARE MADE THAT
YOU WILL ACHIEVE ANY RESULTS FROM
OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
MISCELLANEOUS
This Agreement
incorporates by reference the Site
Submission Rules if this site allows
posting and posts such Rules. This
Agreement constitutes the entire
agreement between the parties related
to the subject matter thereof, supersedes
any prior or contemporaneous (oral,
written or electronic) agreement
between the parties and shall not
be changed except by written agreement
signed by an officer of Booher Consultants, Inc.. If any provision of this Agreement
is prohibited by law or held to be
unenforceable, the remaining provisions
hereof shall not be affected, and
this Agreement as much as possible
under applicable law shall continue
in full force and effect as if such
unenforceable provision had never
constituted a part hereof and the
unenforceable provision shall be
automatically amended so as to best
accomplish the objectives of such
unenforceable provision within the
limits of applicable law. User shall
not assign or transfer this Agreement
and any such transfer shall be void.
Site
Submission Rules
By using features
of this site that allow you to post
or otherwise transmit information
to or through this site, or which
may be seen by other users, you agree
that you shall not upload, post,
or otherwise distribute or facilitate
distribution of any content -- including
text, communications, video, software,
images, sounds, data, or other information
-- that:
"is unlawful,
threatening, abusive, harassing,
defamatory, libelous, deceptive,
fraudulent, invasive of another's
privacy, tortious, obscene, sexually
explicit or graphic, or otherwise
in violation of this site's rules
or policies;
"victimizes,
harasses, degrades, or intimidates
an individual or group of individuals
on the basis of religion, gender,
sexual orientation, race, ethnicity,
age, or disability;
"infringes any
patent, trade mark, service mark,
trade secret, copyright, moral right,
right of publicity, privacy or other
proprietary right of any party;
"constitutes
unauthorized or unsolicited advertising,
junk or bulk e-mail (also known as "spamming"),
chain letters, any other form of
unauthorized solicitation, or any
form of lottery or gambling;
"contains software
viruses or any other computer code,
files, or programs that are designed
or intended to disrupt, damage, or
limit the functioning of any software,
hardware, or telecommunications equipment
or to damage or obtain unauthorized
access to any data or other information
of any third party; or
"impersonates
any person or entity, including any
employee or representative of this
site, its licensors or advertisers.
You also agree
that you shall not harvest or collect
information about the users of this
site or use such information for
the purpose of transmitting or facilitating
transmission of unsolicited bulk
electronic e-mail or communications
for any other commercial purpose
of your own or a third party.
You further
agree that you shall not solicit
or collect information, or attempt
to induce any physical contact with,
anyone 18 years old or younger without
appropriate prior verifiable express
parental consent.
This site generally
does not pre-screen, monitor, or
edit the content posted by users
of this site. However, this site
and its agents have the right, at
their sole discretion, to remove
any content that, in this site's
sole judgment, does not comply with
the Site Submission Rules or is otherwise
harmful, objectionable, or inaccurate.
This site is not liable for any failure,
delay, damages or results, in removing
such content.
You agree that
your use of this site may be suspended
or terminated immediately upon receipt
of any notice which alleges that
you have used this site in violation
of these Rules and/or for any purpose
that violates any local, state, federal
or law of other nations, including
but not limited to the posting of
information that may violate third
party rights, that may defame a third
party, that may be obscene or pornographic,
that may harass or assault others,
that may violate hacking or other
criminal regulations, etc. of its
agents, officers, directors, contractors
or employees. In such event, you
agree that the owner of this site
may disclose your identity and contact
information, if requested by a government
or law enforcement body or as a result
of a subpoena or other legal action,
and the owner of this site shall
not be liable for damages or results
thereof, and you agree not to bring
any action or claim against the owner
of this site for such disclosure.
This site reserves
the right to revise these Site Submission
Rules at its discretion, so check
back from time to time to be sure
you are complying with the current
version. |