Legal
Notice - Terms and Conditions
1. These "Terms and Conditions" govern
your use of DanCarmody.com ("Web Site"). They also
provide notice of some of TreaSolution, Inc. 's policies.
DanCarmody.com is wholy owned and operated by TreaSolution,
Inc. Please read this statement carefully.
If
you do not accept the Terms and Conditions stated here, do
not use this web site and service. By using this
web site, you are indicating your acceptance to be bound by
these Terms and Conditions. TreaSolution, Inc. may revise
these Terms and Conditions at any time at its sole discretion
by updating this posting. You should visit this page periodically
to review the Terms and Conditions, because they are binding
on you. The terms "You" and "User" as
used herein refer to all individuals and/or entities accessing
this web site for any reason.
USE
OF MATERIAL.
TreaSolution, Inc. authorizes you to view and download a single
copy of the material on DanCarmody.com (the "Web Site")
solely for your personal, noncommercial use. The contents
of this Web Site, such as the "look" and "feel"
of the Web Site, text, graphics, images, logos, button icons,
software and other "Material", are protected. All
Material is the property of TreaSolution, Inc. or its content
suppliers or customers. The compilation (meaning the collection,
arrangement and assembly) of all content on this Web Site
is the exclusive property of TreaSolution, Inc.
©
2002-2007 TreaSolution, Inc.
TreaSolution
™
Dan
Carmody ™
DanCarmody.com
™
Unauthorized use of the Material may violate copyright, trademark,
patent and other laws. You must retain all copyright, trademark,
service mark and other proprietary notices contained in the
original Material on any copy you make of the Material. You
may not sell or modify the Material or reproduce, display,
publicly perform, distribute, or otherwise use the Material
in any way for any public or commercial purpose. The use of
the Material on any other web site or in a networked computer
environment for any purpose is prohibited. You shall not copy
or adapt the HTML or other code that TreaSolution, Inc. creates
to generate its pages.
ACCEPTABLE
SITE USE.
General Rules: Users may not use the Web Site in order to
transmit, distribute, store or destroy material (a) in violation
of any applicable law or regulation, (b) in a manner that
will infringe the patent, copyright, trademark, trade secret
or other intellectual property rights of others or violate
the privacy, publicity or other personal rights of others,
or (c) that is harmful, defamatory, libelous, vulgar, obscene,
threatening, abusive, harassing, tortious, hateful or otherwise
objectionable.
STANDARDS
FOR INTERNET CONDUCT/ACCEPTABLE SITE USE.
In connection with your use of the Web Site, you will not:
Post, transmit, distribute, store, upload, or destroy material
(i) in violation of any applicable local, state, national,
or international law or regulation, or (ii) in a manner that
will infringe the copyright, trademark, trade secret, patent
or other intellectual property rights of others or violate
the privacy, publicity or other personal rights of others.
Post or transmit any message, information, data, text, software
or images, or other materials ("Content") that is
unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, vulgar, obscene, tortious otherwise objectionable
or that may invade another's right of privacy or publicity.
Impersonate
any person or entity, including without limitation a TreaSolution,
Inc. employee or agent, an authorized user of TreaSolution,
Inc.'s services, or otherwise misrepresent your affiliation
with any person or entity.
Post
or transmit any Content that you do not have a right to reproduce,
display or transmit under any law or under contractual or
fiduciary relationships (such as nondisclosure agreements
or the resume of an individual other than yourself).
Delete
or modify any material posted by any other person or entity
not related to you.
Communicate,
send, or place unsolicited e-mail, telephone calls, mailings
or other contacts to posting individuals and entities.
Register
an e-mail address that you do not own or for which you do
not have the express permission of the owner to register.
Violate
or attempt to violate the security of the Web Site, including,
without limitation:
accessing data not intended for such user or logging into
a server or account that the user is not authorized to access;
attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures
without proper authorization; attempting to interfere with
service to any user, host or network, including, without limitation,
submitting a virus or corrupted data to the Web Site, overloading,
continuous posting of repetitive text, "flooding",
"spamming", "mailbombing" or "crashing";
sending unsolicited advertising, promotional materials, e-mail,
"junk mail", "chain letters", or any other
form of solicitation; or forging any TCP/IP packet header
or any part of the header information in any e-mail or posting.
Violations of system or network security may result in civil
or criminal liability. TreaSolution, Inc. will investigate
occurrences that may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
SPECIFIC
PROHIBITED USES.
The Web Site may be used only for lawful purposes by individuals
seeking VoIP information. TreaSolution, Inc. specifically
prohibits any use of the Web Site, and all users agree not
to use the Web Site, for any of the following:
Posting or transmitting any unsolicited advertising, promotional
materials, junk mail, "spam," chain letters or any
other form of solicitation or any non-resume information such
as opinions or notices, commercial or otherwise. YOU MAY NOT
SPAM ANYONE WHOSE E-MAIL ADDRESS APPEAR ON THE WEB SITE.
Posting
any franchise, pyramid scheme, "club membership",
distributorship or sales representative agency arrangement
or other business opportunity which requires an up front or
periodic payment, pays commissions only (no significant salary)
or requires recruitment of others including, but not limited
to, members, sub-distributors or sub-agents. Deleting or revising
any material posted by any other person or entity. Using any
device, software or routine to interfere or attempt to interfere
with the proper working of this Web Site or any activity being
conducted on this site. Taking any action that imposes an
unreasonable or disproportionately large load on this Web
Site's infrastructure. Notwithstanding anything to the contrary
contained herein, using or attempting to use any engine, software,
tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search this Web Site other than the
search engine and search agents available from TreaSolution,
Inc. on this Web Site and other than generally available third
party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Accessing the Web Site by any means other than through the
interface that is provided by TreaSolution, Inc. for use in
accessing the Web Site. Attempting to decipher, de-compile,
disassemble or reverse engineer any of the software comprising
or in any way making up a part of the Web Site. Aggregating,
copying or duplicating in any manner any of the materials
or information available from the Web Site. Framing of or
linking to any of the materials or information available from
the Web Site.
USER INFORMATION.
In addition to the terms and conditions that may be set forth
in any privacy policy on this Web Site, you understand and
agree that TreaSolution, Inc. may disclose information resulting
from information that you place or submit on the Web Site.
TreaSolution, Inc. reserves the right to offer third party
services and products to you based on the preferences that
you identify; such offers may be made by TreaSolution, Inc.
or by third parties.
USER
SUBMISSIONS.
As a user, you are responsible for your own communications
and are responsible for the consequences of their posting.
You must not, and by using this Web Site you agree not to,
do the following things: post material that is copyrighted,
unless you are the copyright owner or have the permission
of the copyright owner to post it; delete any author attributions,
legal notices or proprietary designation or labels that you
upload; post material that reveals trade secrets, unless you
own them or have the permission of the owner or otherwise
post or transmit any material that you do not have a right
to reproduce, display or transmit under any law or under contractual
or fiduciary relationships (such as material protected by
a nondisclosure agreement); post material that infringes on
any other intellectual property rights of others or on the
privacy or publicity rights of others; post material that
is obscene, defamatory, threatening, harassing, abusive, hateful,
or embarrassing to another user or any other person or entity;
post a sexually-explicit image or statement; post advertisements
or solicitations of business, post chain letters or pyramid
schemes; impersonate another person; or post material that
contains viruses, corrupted data, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines or
engines that are intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system,
data or information.
TreaSolution, Inc. does not represent or guarantee the truthfulness,
accuracy, or reliability of communications posted on the website.
You acknowledge that any reliance on material posted on the
webite will be at your own risk. TreaSolution, Inc. acts as
a passive conduit for the online distribution and publication
of user-submitted information and has no obligation to screen
communications or information in advance and is not responsible
for screening or monitoring material posted by users. If notified
by a user of communications which allegedly do not conform
to these Terms and Conditions, TreaSolution, Inc. may investigate
the allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communication.
TreaSolution, Inc. has no liability or responsibility to users
for performance or nonperformance of such activities. TreaSolution,
Inc. reserves the right to expel users and prevent their further
access to the Web Site for violating the Terms and Conditions
or the law and the right to remove communications which are
abusive, illegal, or disruptive. TreaSolution, Inc. may take
any action with respect to user-submitted information that
it deems necessary or appropriate in its sole discretion if
it believes it may create liability for TreaSolution, Inc.
or may cause TreaSolution, Inc. to lose (in whole or in part)
the services of its ISPs or other suppliers. By submitting
content to any public or non-public area of the Web Site,
including message boards, forums, contests and chat rooms,
you grant TreaSolution, Inc. and its affiliates the royalty-free,
perpetual, irrevocable, sublicenseable (through multiple tiers),
non-exclusive right (including any moral rights) and license
to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, communicate to the public,
perform and display the content (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media,
or technology now known or later developed, for the full term
of any rights that may exist in such content. You also warrant
that the holder of any rights, including moral rights in such
content, has completely and effectively waived all such rights
and validly and irrevocably granted to you the right to grant
the license stated above. You also permit any subscriber to
access, display, view, store and reproduce such content for
personal use. Subject to the foregoing, the owner of such
content placed on the Web Site retains any and all rights
that may exist in such content. By submitting information
to the Web Site, you indicate that you agree to the Terms
and Conditions. Your submission of information to the Web
Site will constitute your consent to the collection and use
of this information and the transfer of this information to
the United States or other countries for processing and storage
by TreaSolution, Inc. and its affiliates. You also agree to
receive required administrative and legal notices such as
this electronically.
TREASOLUTION,
INC. LIABILITY.
TreaSolution.com is only a venue. This Web Site acts as a
venue for (i) users interested in contacting VoIP service
provider and other travel / technology related websites (ii)
companies to discover move information about TreaSolution,
Inc. and the services that TreaSolution, Inc. offers. TreaSolution,
Inc. does not screen or censor the profiles or other information.
In addition, note that there are risks, including but not
limited to the risk of physical harm, of dealing with strangers,
of dealing with techology, foreign nationals, underage persons
or people acting under false pretenses. You assume all risks
associated with dealing with other users with whom you come
in contact through the Web Site. Because user authentication
on the Internet is difficult, TreaSolution, Inc. cannot and
does not confirm that each user is who they claim to be. Because
we do not and cannot be involved in user-to-user dealings
or control the behavior of participants on the website, in
the event that you have a dispute with one or more users,
you release TreaSolution, Inc. (and our owners, agents and
employees) from claims, demands and damages (actual and consequential,
direct and indirect) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes. If you
are a California resident, you waive California Civil Code
Section 1542, which says: "A general release does not
extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement
with the debtor." We are under no legal obligation to
control the information provided by other users that is made
available through the Web Site. By its very nature, other
people's information may be offensive, harmful or inaccurate,
and in some cases will be mislabeled or deceptively labeled.
We expect that you will use caution and common sense when
using this Web Site. The Material may contain inaccuracies
or typographical errors. TreaSolution, Inc. makes no representations
about the accuracy, reliability, completeness, or timeliness
of the Web Site or the Material. The use of the Web Site and
the Material is at your own risk. Changes are periodically
made to the Web Site and may be made at any time. You acknowledge
and agree that you are solely responsible for the form, content
and accuracy of any material contained therein placed by you
on the Web Site. TreaSolution, Inc. is not to be considered
to be an employer with respect to your use of the Web Site
and TreaSolution, Inc. shall not be responsible for any VoIP
or purchase decisions, for whatever reason made, made by any
user or entity of the Web Site.
TREASOLUTION, INC. DOES NOT WARRANT THAT THE WEB SITE WILL
OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE
FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR
USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, TREASOLUTION, INC.
IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TREASOLUTION, INC.,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TREASOLUTION, INC. MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
DISCLAIMER
OF CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL TREASOLUTION, INC., ITS SUPPLIERS, OR ANY
THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE
USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT TREASOLUTION, INC. IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
LINKS
TO OTHER SITES.
The Web Site contains sponsored links to third party web sites.
These links are provided solely as a convenience to you and
not as an endorsement by TreaSolution, Inc. of the contents
on such third-party Web sites. TreaSolution, Inc. is not responsible
for the content of linked third-party sites and does not make
any representations regarding the content or accuracy of materials
on such third party Web sites. If you decide to access linked
third party Web sites, you do so at your own risk.
NO
RESALE OR UNAUTHORIZED COMMERCIAL USE.
You agree not to resell or assign your rights or obligations
under these Term and Conditions. You also agree not to make
any unauthorized commercial use of the Web Site.
TERMINATION.
TreaSolution, Inc. reserves the right, at its sole discretion,
to pursue all of its legal remedies, including but not limited
to deletion of your information from this Web Site and immediate
termination of your registration with or ability to access
the Web Site and/or any other service provided to you by TreaSolution,
Inc., upon any breach by you of these Terms and Conditions
or if TreaSolution, Inc. is unable to verify or authenticate
any information you submit to the Web Site registration with
or ability to access the Web Site.
INDEMNITY.
You agree to defend, indemnify, and hold harmless TreaSolution,
Inc., its owner(s), officer(s), director(s), employee(s),
sponsor(s) and agent(s), from and against any claims, actions
or demands, including without limitation reasonable legal
and accounting fees, alleging or resulting from your use of
the Material or your breach of the terms of these Terms and
Conditions. TreaSolution, Inc. shall provide notice to you
promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim,
suit or proceeding.
GENERAL.
TreaSolution, Inc. makes no claims that the Materials may
be lawfully viewed or downloaded outside of the United States.
Access to the Materials may not be legal by certain persons
or in certain countries. If you access the Web Site from outside
of the United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. These Terms
and Conditions are governed by the internal substantive laws
of the State of Illinois, without respect to its conflict
of laws principles. Jurisdiction for any claims arising under
this agreement shall lie exclusively with the state or federal
courts within Cook County, Illinois. If any provision of these
Terms and Conditions are found to be invalid by any court
having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions
of these Terms and Conditions, which shall remain in full
force and effect. No waiver of any term of these Terms and
Conditions shall be deemed a further or continuing waiver
of such term or any other term. Except as expressly provided
in the Terms and Services, additional terms of use for areas
of the Web Site a particular "Legal Notice," or
Software License or material on particular Web pages, these
Terms and Conditions constitute the entire agreement between
you and TreaSolution, Inc. with respect to the use of Web
Site. No changes to these Terms and Conditions shall be made
except by a revised posting on this page.
ADDITIONAL
TERMS OF USE.
Certain areas of this Web Site are subject to additional terms
of use. By using such areas, or any part thereof, you agree
to be bound by the additional terms of use applicable to such
areas.
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