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GoToWebcast End User License Agreement
TERMS AND CONDITIONS
GoToWebcast/Capstone
Services, Inc. maintains this web site and all other marketing
sites as a service to its customers, potential customers,
and other interested parties. Please visit us frequently and
browse our pages. Capstone Services, Inc. provides certain
services described on the Site through which customers are
able to subscribe to services providing marketing sites and
pre-developed web sites. This legal information pertains to
Capstone Services, Inc. Marketing Web Sites and all other
marketing and/or mail order materials.
Following
these guidelines is necessary in order for you to retain and
maintain a copy of the current Capstone Services, Inc Marketing
Sites and any updated versions of the sites as well as any
sites added at a later date and any and all mail order materials.
Any violation of these parameters could result in the loss
of any websites.
Only one person is authorized a copy of the marketing sites per
order. Once you have a copy of the site on your Domain, you
can redirect as many URL's to it as you wish. (e.g. if yourid.GoToWebcast.com
is the main URL you copy the site to and you decide to redirect
www.getmorejobs.com to that domain plus www.webework.net that's
fine.) You can also advertise however you desire: search engines,
newspapers, radio, television, bill boards, etc
but
remember, when you advertise, you must comply with the all
policies and guideline rules listed in GoToWebcast Statement
of Policies and Guidelines on Internet Usage. However, you
cannot change, modify or alter nor reuse in any way the internal
or external content of any site or any other materials.
All End Users of Capstone Services Inc. Marketing Sites system
are expected to exercise "Netiquette" in their conduct
on the Internet. While new users may in fact be truly new
to the Internet and may not know the unwritten rules of Netiquette,
they are expected to try and acquaint themselves with these
general rules of conduct and to refrain ESPECIALLY from sending
mass, unsolicited e-mail, or Spam, to others, advertising
and promoting the Capstone Services, Inc. Marketing System.
This includes posting, or cross posting articles to USENET
Newsgroups which don't have related information to the charter
of the newsgroups for the purpose of selling and promoting
the website, web-area, service or anything that regular readers
of the newsgroup would not normally expect to see in the newsgroup.
In the event a member engages in such practices, and complaints
regarding that users actions are received by Capstone Services,
Inc., it will result in temporary suspension of the user's
account and websites and materials and a $500.00 U.S. fine
will be charged immediately per incident/complaint. The user
will not be allowed access to these materials, websites or
other materials again until the $500.00 U.S. charge / fine
for each incident / complaint is paid in full. Any further
complaints / incidents regarding any distributor or other
member of the Capstone Services, Inc. organization engaging
in such practices will be considered cause for immediate removal,
indefinitely from the Capstone Service, Inc. server. We have
found that many companies offer themselves as reputable bulk
or "opt-in" e-mailers and they simply are not. So,
as not to possibly jeopardize your status with the web sites,
we recommend you not participate in any bulk or "opt-in"
emailing.
You shall use the Site for lawful purposes only. You shall not
post or transmit through the Site any information or material
which violates or infringes, in any way, the rights of others,
or which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane,
harassing, or otherwise objectionable. Nor shall you post
or transmit through the Site any information or material which
encourages conduct that would constitute a criminal offense,
give rise to liability or otherwise violate any law or administrative
ruling or guidelines, is in violation of these Terms, or which,
without Capstone Services, Inc. prior written approval, contain
advertising or any solicitation with respect to products or
services. Any conduct by you that, in Capstone Services, Inc.
opinion, restricts or inhibits any other user from using or
enjoying the Site will not be permitted.
The Site contains information and materials, including but not
limited to, text, software, photos, video, graphics and audio,
(collectively "Materials") which are derived in
whole or in part from information and materials supplied by
Capstone Services, Inc. and other sources, and are protected
by copyright, trademark and other laws and the entire content
of the Site is copyrighted as a collective work under the
United States Copyright Laws. Materials may not be copied,
reproduced, republished, modified, uploaded, posted, transmitted
or distributed in any way or de-compiled, reverse engineered
or disassembled, including but not limited to the text, images,
audio and/or video, as well as any software (including but
not limited to any images or files incorporated in or generated
by the software or data accompanying such software). Modification
of the Materials or use of the Materials for any other purpose
is a violation of Capstone Services, Inc. or such other sources'
copyright, trademark and other proprietary rights and may
violate other laws. The use of any such Materials on any other
Web site or networked computer or environment is prohibited
without Capstone Services, Inc. express written consent. If
you breach any of these Terms, your authorization to use the
Site automatically terminates and you must immediately destroy
any downloaded or printed Materials.
USERS/PARTICIPANTS
We do not discriminate on the basis of age, race, national
origin, gender, sexual orientation or religion.
No person under the age of 13 should use the Site. We strongly
encourage all parents and guardians to monitor the Internet
use of their children. Use of the Site by any user shall be
deemed to be a representation that the user is 13 years of
age or older.
TRADEMARKS,
COPYRIGHTS & RESTRICTIONS.
This Site, and materials on the Site, including, but not limited
to, images, illustrations, posts, audio clips, and video clips
(the "Materials") are the property of Capstone Services,
Inc. and their affiliates and licensors and are protected
from unauthorized copying and dissemination by copyrights
that are owned or licensed by Capstone Services, Inc. and
by copyright law, trademark law, international conventions
and other intellectual property laws. You may not reproduce,
perform, create derivative works from, republish, upload,
post, transmit, or distribute in any way whatsoever any Materials
from Capstone Services, Inc. websites, any bulletin board,
or any other web site owned or operated by Capstone Services,
Inc. without the prior written permission of Capstone Services,
Inc. Any modification of the Materials, or any portion thereof,
or use of the Materials for any other purpose constitutes
an infringement Capstone Services, Inc. copyrights and other
proprietary rights. Use of these Materials on any other web
site or other networked computer environment is prohibited
without prior written permission from Capstone Services, Inc..
Nothing contained on this Site should be construed as granting,
by implication, estoppels, or otherwise, any license or right
to use this Site or any information displayed on this Site,
throughout the use of framing or otherwise, except: (a) as
expressly permitted by these terms and conditions; or (b)
with the prior written permission of Capstone Services, Inc.
or such third party that may own the trademark or copyright
of information displayed on this Site.
Copyright and Trademark Information © 2003 Capstone Services,
Inc. All rights reserved.
LINKS TO THIRD PARTY WEBSITES
Capstone Services, Inc. is not responsible for the content
of any site that may be linked to or from Capstone Services,
Inc. websites, or any bulletin board associated with Capstone
Services, Inc.. These links are provided for your convenience
only and you access them at your own risk. Any other web site
accessed from this Site is independent from Capstone Services,
Inc., and Capstone Services, Inc. has no control over the
content of that other web site. In addition, a link to any
other web sites does not imply that Capstone Services, Inc.
endorses or accepts any responsibility for the content or
use of such other web site.
LINKING TO SITE
Anyone linking to Capstone Services, Inc.'s Site must comply
with Capstone Services, Inc.'s guidelines for linking to Capstone
Services, Inc.'s Site and all applicable laws.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third
party product or service be construed as an approval, guarantee
or endorsement by Capstone Services, Inc. of that third party
or of any product or service provided by a third party.
CHANGES
Capstone Services, Inc. reserves the right, in its sole discretion,
to revise these Terms at any time and correct any errors or
omissions in any portion of the Site and Materials. Materials
may also be changed, modified, added, or removed and updated
without notice at any time; however, Capstone Services, Inc.
is under no obligation to update Materials. Capstone Services,
Inc. may also make changes in the products, services, programs,
or prices (if any) described in the Site at any time without
notice. Your continued use of the Site after any change Capstone
Services, Inc. makes to the Site will be considered acceptance
of those changes. You should revisit these Terms from time
to time to review the then-current Terms because they are
binding on you.
DISCLAIMERS AND INDEMNITY
By using the Site and/or posting Materials, you agree to indemnify
Capstone Services, Inc., its officers, directors, employees,
successors, agents, and affiliates for any and all claims,
damages, losses and causes of action (including attorneys'
fees and court costs) arising out of or relating to your breach
or alleged breach of this Agreement (including without limitation,
claims made by third parties for infringement of intellectual
property rights), or for any content that is provided by you
(or through your username and/or password). You agree to cooperate
as fully as reasonably required in Capstone Services, Inc.'s
defense and/or settlement of any claim. Capstone Services,
Inc. reserves the right to assume that exclusive control over
the defense and settlement of any matter subject to indemnification
by you.
The information contained in this Site is for general guidance
on topics selected by Capstone Services, Inc.. Such information
is provided on a blind-basis, without any knowledge as to
your industry, identity or specific circumstances. The application
and impact of relevant laws will vary from jurisdiction to
jurisdiction. There may also be delays, omissions, or inaccuracies
in information contained in this Site.
CAPSTONE SERVICES, INC.'S SITE MAY CONTAIN FACTS, VIEWS, OPINIONS,
STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS
AND ORGANIZATIONS. Capstone Services, Inc. DOES NOT REPRESENT
OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY
ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION
DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU
ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT,
RECOMMENDATIONS, OR INFORMATION WILL BE AT YOUR SOLE RISK.
FURTHERMORE, CAPSTONE SERVICES, INC. DOES NOT WARRANT, GUARANTEE
OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY
OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES
OFFERED OR PROVIDED BY ITS ALLIES OR SUPPLIERS IN CONJUNCTION
WITH THE CAPSTONE SERVICES, INC. SERVICE.
THE MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS"
BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. CAPSTONE SERVICES, INC. MAKE NO WARRANTY
AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF
ANY MATERIALS ON THE SITE AND DOES NOT WARRANT THAT THE FUNCTIONALITY
CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S)
THAT MAKE IT AVAILABLE DO HAVE VIRUSES PROTECTION BUT DO NOT
GUARENTEE THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Where applicable law does not allow the exclusions of implied warranties,
the foregoing exclusions may not apply to you.
EXCLUSION OF DAMAGES
NEITHER CAPSTONE SERVICES, INC., NOR ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE
OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF
DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF,
OR THE INABILITY TO USE, THIS SITE OR SERVICES OR THE INFORMATION
CONTAINED ON THIS WEB SITE, EVEN IF CAPSTONE SERVICES, INC.
HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL CAPSTONE SERVICES, INC., ITS SUPPLIERS
OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES
WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES
OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS,
AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO,
USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY
WEB SITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT
ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE
CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR;
OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION;
DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS;
COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER
BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT CAPSTONE SERVICES,
INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CAPSTONE SERVICES, INC. SHALL HAVE NO LIABLITY OR RESPONSIBILITY FOR
ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD
PARTY.
JURISDICTION Capstone Services, Inc. operates the Site from its offices
within the United States. Capstone Services, Inc. makes no
representation that information on this Site is appropriate
or available for use outside the United States. Those who
choose to access this Site from outside the United States
do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
COMMENTS, COMPLAINTS AND QUESTIONS
We welcome your feedback about the Site. However, any comments,
ideas, notes, messages, suggestions or other communications
sent to the Site shall be and remain the exclusive property
of Capstone Services, Inc., and we may use all such communications
in any manner, including reproducing, disclosing and publishing
such communications, all without compensation to you.
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