Network or Die Website Terms of Service

Terms of Service

The website located at http://networkordie.com ("the Site") is a copyrighted work belonging to Dön Harrisön ("the Owner"). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

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These Terms of Service ("Terms") describe the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE YOU ARE BEING COMPLIANT TO THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THIS SITE. IF YOU DISAGREE WITH ANY OR ALL OF THE PROVISIONS OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

Accounts

Account Responsibilities
Registered Users are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Owner of any unauthorized use, or suspected unauthorized use of your Account. The Owner cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Access to the Site Subject to these Terms, the Owner grants all site visitors, registered or otherwise, a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, non-commercial use.

Certain Restrictions The rights given to you in these Terms are subject to the following restrictions:
(a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site;
(b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site;
(c) you shall not access the Site in order to build a similar or competitive website; and
(d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.
All copyright and other proprietary notices on the Site must be retained on all copies thereof.

Support and/or Maintenance The Owner agrees to provide a user-friendly environment and will strive to keep the Site running smoothly and efficiently. You agree that the Owner will have no obligation to provide you with any support in connection with the Site.

The Owner reserves the right to change, suspend, or cease the Site with or without notice to you. You agree that the Owner will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

Registered User Content

User Responsibility
"User Content" means any and all information and content that a Registered User submits to the Site. You are exclusively responsible for your User Content and bear all risks associated with the use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy below. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by the Owner or the Site. Because you alone are responsible for your User Content, you may expose yourself to liability.

The Owner is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

You hereby grant to the Owner a non-exclusive, royalty-free, worldwide license to reproduce, distribute, publicly display and perform, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site.

Acceptable Use Policy

The following terms constitute the Site's "Acceptable Use Policy":

You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content
(i) that violates any third-party right or any intellectual property or proprietary right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(iii) that is harmful to minors in any way; or
(iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to:
(i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data;
(ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
(iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent;
(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
(v) attempt to gain unauthorized access to the Site, whether through password mining or any other means;
(vi) harass or interfere with any other user’s use and enjoyment of the Site; or
(vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account and/or reporting you to law enforcement authorities.

If you provide the Owner with any feedback or suggestions regarding the Site, you hereby assign to the Owner all rights in such Feedback and agree that the Owner shall have the right to use and fully exploit such Feedback and related information in any manner deemed appropriate by the Owner. Any and all Feedback you provide to the Owner is non-confidential and non-proprietary.

You agree to indemnify and hold the Owner, the Site and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of
(a) your use of the Site,
(b) your violation of these Terms,
(c) your violation of applicable laws or regulations or
(d) your User Content.

The Owner reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of The Owner. The Owner will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it

Third-Party Links & Ads; Other Users

Third-Party Links & Ads
The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of the Owner, and the Owner is not responsible for any Third-Party Links & Ads. The Owner provides access to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users
Each Registered User is solely responsible for any and all of their own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that the Owner will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release and forever discharge the Owner and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site.

If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Disclaimers

The site is provided on an “as-is” and “as-available” basis, and the Owner and the Site’s contributors expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our contributors make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Limitation on Liability

To the maximum extent permitted by law, in no event shall the Owner or the Site’s contributors be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. The Owner will not have any liability whatsoever to you for any termination of your rights under these Terms.

Copyright Policy

The Owner respects the intellectual property of others and asks that users of the Site, registered or otherwise, do the same. Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content, are owned by the Owner or the Site’s contributors. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed herein. The Owner and the Site’s contributors reserve all rights not granted in these Terms.

In connection with the Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of the Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to don@networkordie.com:

identification of the copyrighted work(s) that you claim to have been infringed;

identification of the material on our services that you claim is infringing and that you request us to remove;

sufficient information to permit us to locate such material;

your address, telephone number, and e-mail address;

a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner;

your physical or electronic signature.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Revisions

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Registered Users are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on the Site. These changes will be effective immediately for new users of the Site. Continued use of the Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

Dispute Resolution

Please read this Arbitration Agreement carefully. It is part of your contract with the Owner and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement

All claims and disputes in connection with the Terms or the use of any product or service provided by the Owner that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. All arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Owner, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief. A Notice to the Owner should be sent to: 2300 Taft Circle #333, Baytown, Tx 77520.

After the Notice is received, you and the Owner may attempt to resolve the claim or dispute informally. If you and the Owner do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration Rules
The Arbitration shall be initiated via the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879.

Time Limits
If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality
All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with the Owner.

Claims Not Subject to Arbitration
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Export or Import Regulations

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from the Site, or any products utilizing such data, in violation of the United States export laws or regulations.

Electronic Communications

The communications between you and the Owner uses electronic means, whether you use the Site or send us emails, or whether the Owner posts notices on the Site or communicates with you via email. For contractual purposes, you
(a) consent to receive communications from the Owner in an electronic form; and
(b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Owner provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard-copy writing.

Entire Terms

These Terms constitute the entire agreement between the Site users, registered or otherwise, and the Owner regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to the Owner is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Owner’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Owner may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Copyright/Trademark Information

Copyright © 2017.
All rights reserved.
All trademarks, logos and service marks displayed on the Site are the property of the Owner or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information:

Telephone: 2816837839
Email: don@networkordie.com


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