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TERMS AND CONDITIONS ("the Terms of
Use")
You should carefully read the Terms of Use before
using Our Site. By using Our Site or indicating your
agreement by clicking the Accept button putting a check
in the Accept box, you agree to be bound by the Terms of
Use. This is a legally binding agreement. If you do not
agree with the Terms of Use you should not use Our Site.
1. We agree to provide you access to Our Site in
accordance with the Terms of Use.
2. You agree to use Our Site in a manner consistent
with any and all applicable rules and regulations.
3. You accept that Our Site is provided on an "as is,
as available" basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR
SITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR
SPECIFIC ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE
TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON
BY YOU OR BY US BY THE SENDING OF NOTICE TO THE OTHER
PARTY.
6. WE MAY FOR MARKETING PURPOSES COLLECT, PROCESS AND
TRANSMIT DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE
OF YOUR ACCESSING OUR SITE.
7. You are authorized to download one copy of the
material on our Site on one computer for your personal,
non-commercial use only but you may not in so doing
remove or amend any trademark, copyright or other
proprietary notice.
8. Subject to the above, you may not modify, copy,
distribute, republish or upload any of the material on
our Site without our prior consent in writing. No
intellectual property or other rights shall be
transferred to you.
9. To the extent that portions of our Site (such as
"chat rooms" or "bulletin boards") provide users an
opportunity to post and exchange information, ideas and
opinions ("Postings"), BE ADVISED THAT WE DO NOT SCREEN,
EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON
THIS WEB SITE, and Postings do not necessarily reflect
our views. To the fullest extent permitted by applicable
laws, we exclude all responsibility and liability for
the Postings or for any losses or expenses resulting
from their use and/or appearance on our Site.
10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS,
AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND
EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING,
INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF
USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF
INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS
OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR
CHARACTER, EVEN IF WE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR
IN CONNECTION WITH THE USE OF THIS OUR SITE OR ANY WEB
SITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL
RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA
BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
11. We reserve the right to monitor all materials
posted on this bulletin board (“Postings”) and to remove
any which we consider in our absolute discretion to be
offensive or otherwise in breach of these Terms of Use.
12. You hereby represent and warrant that you have
all necessary rights in and to all Postings you provide
and all material they contain and that such Postings
shall not infringe any proprietary or other rights of
third parties.
13. Where we provide hypertext links to other sites
we do so for information purposes only, and such links
are not endorsements by us of any products or services
in such sites and we accept no liability nor make any
endorsement or approval of the same.
14. The Terms of Use contain the entire understanding
between us with respect of Our Site and no
representation, statement, inducement oral or written,
not contained herein shall bind either of us.
15. Should any part of the Terms of Use be declared
invalid or unenforceable by a court of competent
jurisdiction, this shall not affect the validity of any
remaining portion and such remaining portion shall
remain in full force and effect as if the invalid
portion of the Terms of Use had been eliminated.
16. This Agreement is governed by the laws of the
State of Penang, Malaysia, without regard to principles
of conflict of laws.
To the extent you have in any manner violated or
threatened to violate NicheMarketing2.com and/or its
affiliates' intellectual property rights,
NicheMarketing2.com and/or its affiliates may seek
injunctive or other appropriate relief in any state or
federal court in the State of Penang, Malaysia, and you
consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Penang,
Malaysia. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by
each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to
submit the dispute to binding arbitration at the
following location: Penang, Malaysia, under the rules of
the American Arbitration Association. Judgment upon the
award rendered by the arbitration may be entered in any
court with jurisdiction to do so.
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