collectively referred to as "Company", which may expand or change from time to time.
Company makes available a variety of products and services through The Formula $uccess Network subject to these General Terms and Conditions. In addition, there are a variety of special products and services offered through The Formula $uccess Network that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product on the Formula $uccess Network that does not have a separate legal agreement, the Terms and Conditions set forth here will aply. Formula $uccess also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of The Formula $uccess Network. In addition, the Formula $uccess Network also may offer other services that are governed by the terms of service of the respective service partners.
Because the Terms and Conditions contain legal obligations, please read them carefully.
Please direct any legal questions to contact information you see on the website.
The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. The following is a list of provisions that apply to particular Products and Services:
1. 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 Company web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
2. 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 Company may terminate your access to the Company 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 by Company. Any such termination shall be in Company's sole discretion and may occur without prior notice, or any notice. Company further reserves the right to terminate any user's access to the Company Network or to any of the Products and Services for any conduct that Company, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Company e 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. Company further reserves the right to terminate any user's access to the Company Network or to any of the Products and Services for any reason or for no reason at all, in Company ' 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 or another of the URLs associated with the Company Network. Be aware that the majority of the Company Network is for general audiences, although there are certain areas on the Company Network that contain adult or mature content and different areas where content is specifically created for children under 13 years of age. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of the Company Network not open to persons under 18 years of age. With respect to general audience content, if Company learns that anyone under the age of 13 has accessed the Products and Services, Company will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the Company Network, however, may not be available to children under 13 under any circumstances.
3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Company Network registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
All Company Network registrations become the exclusive property of Company, its affiliates and subsidiaries. Company reserves the right to use and reuse all registration and other personally identifiable user information subject to the Company Network Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the Company Network Privacy Policy and at individual Company Network sites.
You acknowledge receipt of Company Network Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on the Company Network.
4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE COMPANY NETWORK MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
5. MEMBER AND USER CONDUCT
Upon registering for many Products and Services, you will receive a password and unique User ID. You are responsible for maintaining the confidentiality of the password and User ID, and are fully responsible for all activities that occur under your password or User ID. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
You acknowledge and agree that all information, code, data, text, graphics, messages, file, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. That means you, and not Company, are entirely responsible for all Content that you upload, post, email, or other transmit via the Services. Company does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity, or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company Network be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services.
Prohibited Conduct
You agree that you will not use the Company Network Products and Services to:
- Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
- Harm minors in any other way.
- Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
- Collect or store personally identifying information about other users for commercial or unlawful purposes.
- Impersonate any person or entity, including, but not limited to, a Company official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
- Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement.
- Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
- Use automated means, including spiders, robots, crawlers, or the like to download data from any Company Network database.
- Sell, distribute, or make any commercial use of data obtained from any Company database or make any other use of data from any Company database in a manner which could be expected to offend the person for whom the data is relevant.
- Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Company database, including, without limitation, by incorporating data from any Company database into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
- Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services, including without limitation Company Network Forum hosts.
- Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
- Access the Products and Services after your account or access has been terminated by Company.
- Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
You acknowledge and agree that the Company Network and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Company and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by Company, in its sole discretion. Company may also terminate access to, or membership in, the Company Network, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you 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. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of the Company Network, including without limitation information in Message Boards, Discussion Lists, and in all other parts of the Company Network Products and Services.
You expressly acknowledge and agree that the Company Network may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Company, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Company with regard to its users may be disclosed in accordance with Company ' Privacy Policy.
6. LICENSE TO USER CONTENT
With respect to any Content posted by or in connection with the Products and Services, you grant Company a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such Content elsewhere within the Company Network. Such license shall apply with respect to any form, media, or technology now known or later developed.
7 & 8. REMOVAL OF LINKS
The Company Network occasionally receives requests from people to remove links from the Marketingsource Network search services. Although the Company Network reserves the right to address such requests individually, the general approach that the Company Network takes reflects the following principles: The catalogs and databases used in connection with the Company Network search services consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, the Company Network cannot and does not screen anything made available through the Company Network search services' catalogs and databases. In other instances, the Company Network makes available directories, indices, and references consisting of content that has been identified, indexed, and compiled by humans. Furthermore, some of the catalogs and databases that can be searched in the Company Network are compiled by third parties through automated processes. However, if the operator of the site does not take steps to prevent it (i.e. make use of the Robots.txt file or Robots Meta tags), the automatic facilities used to create the catalogs and databases are likely to find it and index it again in a relatively short amount of time.
9. ADVERTISERS AND CONTENT LINKED TO THE COMPANY NETWORK
Company may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the Company Network to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Company has no control over such sites and resources. You acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Company Network Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
Company encourages you to exercise discretion while using the Products and Services to browse the Internet. Company may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. Company makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to the Company Network web sites. Company shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the Company Network' search results or otherwise linked to the Company Network web sites or provided to the Company Network by third parties.
10. NO LICENSE; INTELLECTUAL PROPERTY OF COMPANY AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of the Company Network's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Company Network and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of Company and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Company in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Company, any of Company ' affiliates, or any of Company ' service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the Company Network of any purpose other than the purpose for which such Content is made available to users by Company. You agree not to defame or disparage Company, the trademarks or service marks of Company, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or the Company Network.
11. INDEMNITY AND RELEASE
By using the Company Network web sites you agree to indemnify Formula $uccess, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Company Network web sites, your use of the Products and Services, or your submission of ideas and/or related materials to Company or from any person's use of any account or password you maintain with any portion of the Company e Network, regardless of whether such use is authorized by you. By using the Company Network, using the Products and Services, or submitting any ideas and/or related materials to Company, you are hereby agreeing to release Company and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Company.
Last updated: April 27, 2004