top4websites.com is comprised of the internet sites
www.top4websites.com(the "top4websites.com Sites"),
provides the information and services on top4websites.com Sites to
you, the user, conditioned upon your acceptance, without modification,
of the terms and conditions of use ("Terms") contained herein. Your
use of top4websites.com Sites constitutes agreement with such Terms.
Before using
top4websites.com Sites, please carefully read this agreement relating
to your use of top4websites.com Sites. By using top4websites.com
Sites, you agree to be bound by these terms and conditions. If you do
not agree to these terms and conditions, please do not use
top4websites.com Sites.
top4websites.com reserves the right, at top4websites.com's sole
discretion, to change, modify, add or remove portions of these Terms
periodically. Such modifications shall be effective immediately upon
posting of the modified agreement to the website unless provided
otherwise (e.g., when implementing major, substantive changes,
top4websites.com intends to provide users with up to fourteen days of
advance notice). Your continued use of the top4websites.com Sites
following the posting of changes to these Terms will mean that you
accept those changes.
Use of top4websites.com Sites constitutes full
acceptance of and agreement to the Terms; if a user does not accept
top4websites.com's Terms, he or she is not granted rights to use
top4websites.com Sites as defined herein, and should refrain from
accessing top4websites.com Sites.
top4websites.com reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, any or all
top4websites.com Sites (or any part thereof). top4websites.com shall
not be liable to any user or other third party for any such
modification, suspension or discontinuance except as expressly
provided herein.
By using top4websites.com Sites, you warrant
to top4websites.com that you will not use top4websites.com Sites, or
any of the content obtained from top4websites.com Sites, for any
purpose that is unlawful or prohibited by these Terms. If you violate
any of these Terms, your permission to use the top4websites.com Sites
automatically terminates.
The top4websites.com Sites are owned and operated by
top4websites.com for the purpose of software development, discussion,
implementation and innovation (the "Purpose"). The top4websites.com
Sites provide products and services for the health & fitness industry,
specifically the commercial online pharmacy industry.
All information, data, text, software, music, sound,
photographs, graphics, video, messages, or any other materials
whatsoever (collectively, "Content"), whether publicly posted or
privately transmitted, is the sole responsibility of the person from
whom such Content originated. This means that the user, and not
top4websites.com, is entirely responsible for all Content that he or
she uploads, posts, emails or otherwise transmits via the
top4websites.com Sites. No user shall transmit Content or otherwise
conduct or participate in any activities on top4websites.com Sites
that, in the judgment of top4websites.com, is likely to be prohibited
by law in any applicable jurisdiction, including laws governing the
encryption of software, the export of technology, the transmission of
obscenity, or the permissible uses of intellectual property.
top4websites.com reserves the right to refuse or delete any Content
of which it becomes aware and reasonably deems not to fulfill the
Purpose. In addition, top4websites.com shall have the right (but not
the obligation) in its sole discretion to refuse or delete any Content
that it reasonably considers to violate the Terms or be otherwise
illegal. top4websites.com, in its sole and absolute discretion, may
preserve Content and may also disclose Content if required to do so by
law or judicial or governmental mandate or as reasonably determined
useful by top4websites.com to protect the rights, property, or
personal safety of top4websites.com Sites' users and the public.
top4websites.com does not control the Content posted to the
top4websites.com Sites and, as such, does not guarantee the accuracy,
integrity or quality of such Content. Under no circumstances will
top4websites.com be liable in any way for any Content, including, but
not limited to, liability for any errors or omissions in any Content
or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed or otherwise transmitted via
top4websites.com Sites.
Each user, by
using top4websites.com Sites, may be exposed to Content that is
offensive, indecent or objectionable. Each user must evaluate, and
bear all risks associated with the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such Content.
Use, reproduction, modification, and other
intellectual property rights to data stored on the top4websites.com
Sites will be subject to licensing arrangements that may be approved
by top4websites.com as applicable to such Content.
Content located
on any top4websites.com-hosted subdomain which is subject to the sole
editorial control of the owner or licensee of such subdomain, shall be
subject to the appropriate license applicable to such Content, or to
such other licensing arrangements as may be approved by
top4websites.com as applicable to such Content.
You agree not to sell, resell, or offer for any
commercial purposes, any portion of the top4websites.com Sites, use
of the top4websites.com Sites, or access to the top4websites.com
Sites.
top4websites.com may establish general practices and
limits concerning use of the top4websites.com Sites. While
top4websites.com will use reasonable efforts to back up site data and
make such data available in the event of loss or deletion,
top4websites.com has no responsibility or liability for the deletion
or failure to store any messages and other communications or other
Content maintained or transmitted by any top4websites.com Site.
top4websites.com reserves the right to mark as "inactive" and archive
accounts and/or Content that are inactive for an extended period of
time. top4websites.com reserves the right to change these general
practices at any time, in its sole discretion, with notice to users
and the public as described in Section 1 above.
top4websites.com, any top4websites.com Site or a
third party may provide links to other websites. top4websites.com
exercises no control whatsoever over such other websites and web-based
resources and is not responsible or liable for the availability
thereof or the Content, advertising, products or other materials
thereon. top4websites.com shall not be responsible or liable,
directly or indirectly, for any damage or loss incurred or suffered by
any user in connection therewith. Your access and use of linked
websites, including information, material, products and services
therein, is solely at your own risk.
The
top4websites.com Sites' Privacy Statement is applicable only when you
are on an top4websites.com Site. Once you choose to link to another
website, you should read that website's privacy statement before
disclosing any personal information.
Each user shall indemnify, defend and hold harmless
top4websites.com, and its parent corporation and affiliates and their
respective officers, employees and agents, and each of
top4websites.com's website partners, from any and all claims,
demands, damages, costs, and liabilities including reasonable
attorneys' fees, made by any third party due to or arising out of that
user's acts or omissions, including claims arising out of that user's
use of the top4websites.com Sites; his or her submission, posting or
transmission of Content or his or her violation of the Terms.
EACH USER'S
USE OF THE top4websites.com SITES IS AT HIS OR HER SOLE RISK. THE
top4websites.com SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS AND top4websites.com ASSUMES NO RESPONSIBILITY FOR THE
TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER
COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
top4websites.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. SPECIFICALLY, top4websites.com MAKES NO WARRANTY
THAT (i) THE top4websites.com SITES OR ANY SERVICE THEREON WILL MEET
YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET
HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF top4websites.com'S
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, top4websites.com 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
top4websites.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY
top4websites.com SITES OR SERVICES THEREON; THE COST OF PROCUREMENT
OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
top4websites.com SITES; OR ANY OTHER MATTER RELATING TO THE
top4websites.com SITES. IN NO EVENT SHALL top4websites.com'S TOTAL
CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF
SERVICE OR OTHERWISE EXCEED $1,000.00. 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 MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE
DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE,
EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND
BETWEEN top4websites.com AND ANY USER OR OTHER PERSON OR ENTITY NOR
DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED
ABOVE, top4websites.com DOES NOT AND CANNOT CONTROL THE ACTIONS OF
top4websites.com SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE
RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR
ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE
CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO top4websites.com SITES.
OPERATION OF top4websites.com SITES MAY BE SUBJECT TO INTERFERENCE
FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND
PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE
WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE
DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT
LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE
OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS
BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY
top4websites.com.
top4websites.com respects the intellectual property
rights of others, and requires that the people who use the
top4websites.com Sites do the same. It is our policy to respond
promptly to claims of intellectual property misuse.
If you
believe that your work has been copied and is accessible on this site
in a way that constitutes copyright infringement, you may notify us by
providing our copyright agent with the following information in
writing:
(1) the
electronic or physical signature of the owner of the copyright or the
person authorized to act on the owner's behalf;
(2)
identification of the copyrighted work that you claim has been
infringed;
(3)
identification of the material that is claimed to be infringing and
information reasonably sufficient to permit top4websites.com to
locate the material, including the full URL.
(4) your
name, address, telephone number, and email address.
(5) a
statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
(6) a
statement, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or are
authorized to act on the copyright owner's behalf.
If
top4websites.com receives such a claim, top4websites.com reserves
the right to refuse or delete Content as described under Section 5
hereto, or to terminate a user's account in accordance with Section 9.
Our
designated agent to receive notification of claimed infringement under
the Digital Millennium Copyright Act OF 1998 ("DMCA") is Paul Carson,
1919 Laramie, Peoria, IL 61605
After
receiving a claim of infringement, top4websites.com will process and
investigate notices of alleged infringement and will take appropriate
actions under the DMCA and other applicable intellectual property
laws. Upon receipt of notices complying or substantially complying
with the DMCA, top4websites.com will act expeditiously to remove or
disable access to any material claimed to be infringing or claimed to
be the subject of infringing activity, and will act expeditiously to
remove or disable access to any reference or link to material or
activity that is claimed to be infringing. top4websites.com will take
reasonable steps to expeditiously notify the subscriber that it has
removed or disabled access to such material.
Upon receipt
of a proper counter notification under the DMCA, top4websites.com
will promptly provide the person who provided the initial notification
of claimed infringement with a copy of the counter notification and
inform that person that it will replace the removed material or cease
disabling access to it in ten (10) to fourteen (14) business days.
Additionally, top4websites.com will replace the removed material and
cease disabling access to it ten (10) to fourteen (14) business days
following receipt of the counter notice, unless top4websites.com's
designated agent first receives notice from the person who submitted
the initial notification that such person has filed an action seeking
a court order to restrain the subscriber from engaging in infringing
activity relating to the material on the top4websites.com system or
network.
You may
provide us with a counter notification by providing our copyright
agent the following information in writing:
(1) your
physical or electronic signature;
(2)
identification of the material that has been removed or to which
access has been disabled, and the location at which the material
appeared before it was removed or access to it was disabled, including
the full URL;
(3) a
statement under penalty of perjury that you have a good faith belief
that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled;
(4) your
name, address, and telephone number, and a statement that you consent
to the jurisdiction of Federal District Court for the judicial
district in which your address is located, or if your address is
outside of the United States, for any judicial district in which
top4websites.com may be found and that you will accept service of
process from the person who provided the initial notification of
infringement.
The Terms constitute the entire agreement between each
user and top4websites.com and govern each user's use of
top4websites.com Sites, superseding any prior agreements. Each user
may be subject to additional terms and conditions that may apply when
that user uses affiliate services, third party content or third party
software. The Terms and the relationship between each user and
top4websites.com shall be governed by the laws of the State of
California without regard to its conflict of law provisions and each
party shall submit to the personal and exclusive jurisdiction of the
courts located within the county of Peoria, IL. . If any
provision of the Terms is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms remain in full force
and effect.
Please report any violations to
paulacarson@top4websites.com
