This Internet Web Site Use Agreement (hereinafter the “Agreement”) is between you and NATHAN FRASER LLC, (hereinafter the “Agency”) with executive offices at 2348 Valley Forge Ave., Fort Collins, CO, 80526. Your use of AdvertisingCheatCodes.com (hereinafter the “Web Site”) is subject to the following terms and conditions of use:
(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Use of the Web Site signifies your unconditional agreement to the terms and conditions of this Agreement. If you do not agree to these terms and conditions of use, do not access or otherwise use this Web Site.
(2) The Agency may gather, process, and use information and materials received from you (e.g., name, physical address, e-mail address) or collected through your use of the Web Site for any lawful reason or purpose.
(3) The Agency reserves the right, at its sole discretion, from time to time to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Web Site.
(4) The Web Site is protected by one or more copyrights pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You will abide by any and all copyright notices, trademark notices, ownership information, or restrictions contained in any Content on the Web Site. You may download and make copies of the Content and other downloadable items displayed on this Web Site, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content on the Web Site for reproduction, redistribution, or publication to third parties for commercial purposes is expressly prohibited without prior written permission from the Agency. All rights to the Agency’s copyrighted materials not expressly granted herein are reserved by the Agency.
(5) The Agency, at its sole discretion, may change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any Web Site feature, database, or Content. Agency may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability. If your access is restricted or suspended due to violations of the law on your part, no refunds will be issued.
(6) You represent, warrant, and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which: (i) restrict or inhibit any other user from using and enjoying the Web Site; (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or governmental regulation; (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus or other harmful or destructive elements; or (vi) constitute or contain false or misleading indications of origin or statements of fact.
(7) You hereby agree to defend, indemnify and hold harmless the Agency, and all its officers, directors, agents, employees, information providers, affiliates, licensors, and licensees from and against any and all liabilities, claims, penalties, losses, damages, cost and expense (including court costs and reasonable attorney’s fees, interest expense and amounts paid in compromise or settlement), suits or actions arising out of or resulting from any breach by you of this Agreement, including the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim.
(8) The Web Site may contain hypertext links and pointers to the other World Wide Web Internet sites and resources operated and controlled by parties other than the Agency. Links to and from the Web Site to such third-party sites do not imply or constitute an endorsement by the Agency of any third-party material or contents.
(9) The Agency does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Agency reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site.
(10) The Agency reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Agency’s sole discretion are objectionable or in violation of this Agreement.
(11) THE AGENCY WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE AGENCY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEB SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, THE AGENCY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE GENCYy DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE AGENCY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE AGENCY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE AGENCY OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
(12) Some comments and information on the Web Site may be based upon the Agency’s management’s current expectations, estimates, and/or projections about the Agency’s markets and industries. These statements about the Agency are forward-looking statements that are not guarantees of future performance and involve certain risks, uncertainties, and assumptions that are difficult to predict. Therefore, actual outcomes and results may differ from what is expressed or forecasted. Among the factors that could cause actual results to differ are uncertainties in competitive pricing pressures, general domestic and international economic conditions, and market demand.
(13) By posting messages, uploading files, inputting data, or engaging in any other form of communication (individually or collectively “Communications”) to the Web Site, you hereby grant to the Agency a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise fully exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against the Agency for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
(14) You acknowledge that Communications involving the Web Site are not confidential and that Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the Agency, no confidential, fiduciary, contractually implied, or another relationship is created between you and the Agency other than pursuant to this Agreement.
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. YOU HEREBY AGREE AND CONSENT THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF COLORADO.
(16) The Agency has a long-standing policy that does not allow it to accept or consider creative ideas, suggestions, or materials other than those which have been specifically requested or otherwise affirmatively solicited by the Agency in writing. It is the intent of this policy to avoid possible misunderstandings as to the ownership of creative ideas, concepts, suggestions, or materials. If you send any creative materials, suggestions, ideas, notes, drawings, concepts, or other information (collectively known as the “Information”) to the Agency in printed form, electronic means, or otherwise, the Information shall be deemed to be the property of the Agency and shall not be subject to any obligations of confidence, non-disclosure or non-usage. The Agency is hereby entitled to unrestricted usage of the Information on a worldwide basis without compensation to the provider of the Information.
(17) This Agreement constitutes the entire agreement between the Agency and you with respect to your use of and access to the Web Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Agency with respect to the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all of the terms and conditions of this Agreement. Any cause of action you may have with respect to your use of and access to the Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give legal effect to the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. 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 or the Web Site to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by the Agency. The failure of the Agency to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor bar the Agency’s right to enforce the provision.
(18) Any other services provided by the Agency to You or Your Business will be agreed upon and carried out by individual contract.
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