ModestoBuzz

GENERAL TERMS OF SERVICE FOR MODESTOBUZZ.COM WEB SITE IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY. THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THE MODESTOBUZZ.COM WEB SITE AND OUR SERVICES. ModestoBuzz,provides this Web site and the Company services (collectively the “services”) to you, the user, subject to compliance with these terms and conditions. Company has other operating rules and policies relating to the Web site and the services generally. USE OF WEB SITE The Company services are provided by Company for users of the Company Web site to provide information and services relating to blogging and private journaling. As a condition to your use of the Company and Company services you agree that you will not: (i) use the Company Web site or Company services to infringe the intellectual property rights of others in any way; (ii) use the Company Web site or Company services or make any attempt to penetrate, modify or manipulate the Company Web site or Company services or any of Company’s hardware or software in order to: invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any Company account holder or user, or modify, erase or damage any information contained on the computer of any user connected to the Company services; or (iii) reverse engineer any portion of the Company services. COPYRIGHTS All content included on this Company Web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Company Web site is the exclusive property of Company and protected by U.S. and international copyright laws. All software used on this Company Web site is the property of Company or its licensors and protected by United States and international copyright laws. You are only authorized to visit, view and retain a single copy of pages of the Company Web site solely for your own individual, noncommercial use, and that you will not duplicate, download, publish, modify or otherwise distribute any material on the Company Web site for any purpose other than for your own individual, noncommercial use unless otherwise specifically authorized by Company. We post legal notices and various credits on pages of the Company Web site and Company services, which may not be removed even in your permitted copy. Accordingly, you agree not to remove these notices or credits, or any additional information contained along with the notices and credits. PROHIBITED ACTIVITIES ON THE SITE It is a condition of your use of the Company services and this Company Web site that you do not restrict or inhibit any other user from using and enjoying the Company services or any Company property or system, or use the Company Web site or any of the services to: * Engage in or encourage fraudulent conduct or conduct that would constitute any other criminal offense or give rise to civil liability; * Distribute in any manner any harmful, obscene or otherwise illegal or objectionable material of any kind; * Spoof or otherwise impersonate any individual or entity, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting; * Violate or attempt to violate, the security of the Company services; or * Assist or permit any persons in engaging in any of the activities described above. * Use of this Company Web site and the services are subject to the Company Acceptable Use Policy. The terms of the Company Acceptable Use Policy are incorporated into this agreement by this reference. CONSEQUENCES OF UNACCEPTABLE USE We reserve the rights to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving this Company Web site or any of the Company services. INFORMATION YOU SUBMIT We use the e-mail address and other information you submit to us at our contact page and other pages we may add from time to time, to respond to your inquiries for information or requests for services. Our use of any Information you submit to us in order to use the services is subject to the terms and conditions of our Privacy Policy. Nonetheless, ModestoBuzz reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request or avoid liability. When you fill forms online and use some areas of our Web site and services, you agree to provide Company current, complete, true and accurate information as required to complete the online form. You agree not to use a false or misleading name or a name that you are not authorized to use. If Company suspects that such information is untrue, inaccurate, not current or incomplete, Company may refuse you access to our services, and pursue any appropriate legal remedies. As a means for making the Site more accommodating of your needs, this Site may contain links to third party sites which provide information and/or services that we think might be useful to you. When you follow links to any third party Web site, your use of such Web site will be subject to the terms and conditions posted on that Web site. Company takes no responsibility and assumes no liability for any content posted by any third party or any third party Web site. Use of your personally identifiable information and other information that you submit or that we collect are governed by the Company privacy policy. The terms of the privacy policy are incorporated into this agreement by this reference. WARRANTY DISCLAIMER YOU ACCESS AND USE THE SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. COMPANY DOES NOT WARRANT THAT THE SITE AND ANY SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, COMPANY DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250). THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE OR ANY OTHER PART OF THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. INDEMNITY OF COMPANY You agree to indemnify and hold Company harmless, and, at Company’s request, to defend Company from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; or (iv) any other activities of yours accomplished using the Services. APPLICABLE LAWS This Company Web site is controlled by Company from its offices within the state of California and the substantive laws of the state of California will govern these disclaimers, terms, and conditions, without regard to any conflict of laws provisions. Company makes no representation that materials in the Company Web site or the Company services are appropriate or available for use in other locations or territories where their content or use is illegal is prohibited. Users accessing this Company Web site from other locations are responsible for compliance with applicable local laws. DISPUTE RESOLUTION If a dispute arises out of or relates to the Services or this Agreement or its breach (with the exception of rights to injunctive relief with respect to Intellectual Property Rights and obligations with respect to confidentiality), and the parties have not been successful in resolving the dispute through direct negotiation, then the dispute will be resolved in binding arbitration as follows: (i) the arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules; (ii) any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction; (iii) the location of the arbitration will be Modesto, California or such other location as the parties may mutually agree; and (iv) the parties will have the right to take discovery of the other party by any method allowed by the Federal Rules of Civil Procedure. Either party shall have the right to strike any or all names on any list provided by the American Arbitration Association. If the parties are unable to agree on an arbitrator, the parties’ attorneys shall pick a judge retired from any California trial or appellate court. A single arbitrator sitting in Modesto, Califonria shall decide the case. The arbitrator must follow California statutory and decisional law, shall base any award on applicable law and judicial precedent, and shall issue a written opinion setting forth the factual and legal basis for any award. The arbitrator shall have authority to assess against either party the costs of the arbitration and the fee paid to the arbitrator. The decision of the arbitrator shall be final and binding on both parties. The arbitrator’s decision may be entered as a judgment in any court of competent jurisdiction. Upon application by either party to a court for an order confirming, modifying or vacating the award, the court shall have the power to review whether, as a matter of law based on the findings of fact determined by the arbitrator, the award should be confirmed, modified or vacated in order to correct any errors of law made by the arbitrator. Any claim of breach of this agreement must be made in writing and received by the party against which the claim is asserted at the address next to its name below within six (6) months from the date on which the aggrieved party knew or should have known of the claimed breach, and the claim for arbitration with the American Arbitration Association must be filed with the American Arbitration Association within nine (9) months after the date upon which the written statement of claim is or should have been delivered to the alleged breaching party, which ever is earlier. GENERAL Company may amend these Terms of Service or any other notices, policies, terms and conditions on this Company Web site at any time by updating this posting or otherwise posting the changes to this Company Web site. Accordingly, you should visit this Company Web site from time to time to review the then-current and effective terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Company Web site or in conjunction with Company’s software or the Company services. No delay or failure to take action under such terms and conditions will constitute a waiver by Company unless expressly waived in writing by a duly authorized officer of Company. BY USING OR ACCESSING THE COMPANY WEB SITE OR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE.

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