Terms and Conditions
AGREEMENT BETWEEN USER
AND CREDIT AND COLLECTION NEWS
The network of Web Sites
(collectively, the "Credit and Collection News Web Sites") operated
by Credit and Collection News or its affiliates or subsidiaries ("CCN"
or "ELSOS"), is comprised of various Web sites and Web pages. The CCN
Web Sites are offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use
of the CCN Web Sites constitutes your agreement to all such terms, conditions,
and notices. Your use of a particular CCN website included within the CCN Web
Sites network may also be subject to additional terms outlined elsewhere on
that website (the "Additional Terms"). Additionally, the CCN Web Sites
may themselves contain additional terms that govern particular features or
offers (for example, sweepstakes or chat areas). In the event that any of the
terms, conditions, and notices contained herein conflict with the Additional
Terms or other terms and guidelines contained within any particular CCN
website, then these terms shall control.
PLEASE
READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB
SITE (this "Site"). By
accessing or using this Site, you agree to these terms of use, conditions and
all applicable laws. If you do not agree to these terms you may not use this
Site.
MODIFICATION OF THESE
TERMS OF USE.
CCN reserves the right to change the
terms, conditions, and notices under which the CCN Web Sites are offered,
including but not limited to the charges associated with the use of the CCN Web
Sites. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE. PERSONAL AND
NON-COMMERCIAL USE LIMITATION. Unless otherwise specified, the CCN
Web Sites are for your personal and noncommercial use. You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, software, products
or services obtained from the CCN Web Sites.
You may display and, subject to any
expressly stated restrictions or limitations relating to specific material,
electronically copy, download and print hard copy portions of the material from
the different areas of the Site solely for your own noncommercial use, or to
place an order with CCN or to purchase CCN products and services. Any other use
of materials on this Site, including but not limited to the modification,
reproduction, distribution, republication, display or transmission of the
content of this Site, without prior written permission of CCN is strictly
prohibited.
Harassment in any manner or form on
the Site or any of the CCN Websites, including via e-mail and chat or by
obscene or abusive language is strictly forbidden. Impersonation of others,
including a CCN employee, host, or representative or other members or visitors
on the Site is prohibited. You may not upload to, distribute, or otherwise
publish through the Site any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal, or
otherwise objectionable, or which may constitute or encourage a criminal
offense, violate the rights of any party or otherwise give rise to liability or
violate any law. You may not upload commercial content on the Site or use the
Site to solicit others to join or become members of any other commercial online
service or other organization.
COPYRIGHTS
AND TRADEMARKS.
The entire content included in this
Site, including but not limited to text, design, graphics, interfaces, or code
and the selection and arrangements thereof is copyrighted as a collective work
under the United States and other copyright laws, and is the property of CCN.
The collective work includes works that are licensed to CCN. Copyright 2003.
ALL RIGHTS RESERVED. All trademarks, service marks, and trade names
(collectively the "Marks") are trademarks or registered trademarks of
and are proprietary to CCN, or other respective owners that have granted CCN
the right and license to use such Marks.
NOTICES AND PROCEDURES
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications of claimed copyright infringement should
be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR
NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
CCN respects the intellectual
property of others, and we ask our users and visitors to do the same. CCN will
process and investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright Act
("DMCA") and other applicable intellectual property laws. Upon
receipt of notices complying with the DMCA, CCN will act to remove or disable
access to any material found to be infringing or found to be the subject of
infringing activity and will act to remove or disable access to any reference
or link to material or activity that is found to be infringing.
If you believe that your work has
been copied in a way that constitutes copyright infringement, please provide CCN
the following information. Please be advised that to be effective, the
Notification must include ALL of the following:
1.a physical or electronic signature of the person
authorized to act on behalf of the owner of an exclusive copyright that is
allegedly infringed;
2.a description
of the copyrighted work that you claim has been infringed;
3.a description
of where the material that you claim is infringing is located on the Site;
4.your address,
telephone number, and email address and all other information reasonably
sufficient to permit CCN to contact you;
5.a statement
by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
6.a statement
by you, made under penalty of perjury, that the above information in your
Notice is accurate and that you are the copyright owner or authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement
should be directed to:
By mail: Credit and Collection News
PO Box 130603
Carlsbad, CA 92013-0603
By
fax: (760)
931-9078
By email: legal@creditandcollectionnews.com
IMPORTANT NOTE:THE
PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING CCN THAT YOUR COPYRIGHTED
MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR
SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT
RECEIVE A RESPONSE THROUGH THIS PROCESS.
TYPOGRAPHICAL ERRORS.
In the event a CCN product or
service is listed at an incorrect price due to typographical error or error in
pricing information received from our suppliers, CCN shall have the right to
refuse or cancel any orders placed for product or service listed at the
incorrect price. CCN shall have the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is
canceled, CCN shall issue a credit to your credit card account in the amount of
the incorrect price.
TERM; TERMINATION.
These terms and conditions are
applicable to you upon your accessing the Site and/or completing the
registration or shopping process. These terms and conditions, or any of them,
may be modified or terminated by CCN without notice at any time for any reason.
The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation
of Liability, Indemnification, Applicable Laws, Arbitration and General, shall
survive any termination.
USER PARTICIPATION.
CCN does not and cannot review all
communications and materials posted to or created by users accessing the Site
and is not in any manner responsible for the content of these communications
and materials. You acknowledge that by providing you with the ability to view
and distribute user generated content on the Site, CCN is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the Site. However, CCN
reserves the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) violates any law or regulation or
(e) offensive or otherwise unacceptable to CCN at its sole discretion. Note
that any personally identifiable information you may post or transmit will be
treated by Credit and Collection News in accordance with CCNs Privacy
Statement.
USER
SUBMISSIONS.
Except for any personally
identifiable information we may collect from you under the guidelines
established in our Privacy Statement any material, information or other
communication you transmit, upload or post to this Site
("Communications")will be considered non-confidential and
non-proprietary. CCN will have no obligations with respect to the
Communications. CCN and its designees will be free to copy, disclose,
distribute, incorporate and otherwise use the Communications and all data,
images, sounds, text, and other things embodied therein for any and all
commercial or noncommercial purposes.
USER CHAT ROOMS OR BLOGS.
CCN may, but is not obligated to,
monitor or review any areas on the Site where users transmit or post
Communications or communicate solely with each other, including but not limited
to chat rooms, bulletin boards or other user forums, and the content of any
such Communications. CCN, however, will have no liability related to the
content of any such Communications, whether or not arising under the laws of
copyright, trademarks, libel, privacy, obscenity, or otherwise.
THIRD-PARTY LINKS.
In an attempt to provide increased
value to our visitors, this Site may contain links to other sites on the
Internet that are owned and operated by third party vendors and other third
parties (the "External Sites"). However, even if the third party is
affiliated with CCN, CCN has no control over these linked sites, all of which
have separate privacy and data collection practices, independent of CCN. CCN
has no responsibility or liability for these independent policies or actions
and is not responsible for the privacy practices or the content of such web
sites. These linked sites are only for your convenience and therefore you
access them at your own risk. Links do not imply that CCN sponsors, endorses,
is affiliated with or associated with, or has been legally authorized to use
any trademark, trade name, service mark, design, logo, symbol or other
copyrighted materials displayed on or accessible through such External Sites.
Nonetheless, CCN seeks to protect the integrity of its Site and the links placed
upon it and therefore requests any feedback on not only its own Site, but for
sites it links to as well (including if a specific link does not work).You
should contact the Site administrator or Webmaster for those External Sites if
you have any concerns regarding such links or the content located on such
External Sites.
CLAIMS.
Each claim or statement about the
effectiveness of CCN products or service and/or each claim or statement
comparing the effectiveness of CCN products or services to the effectiveness of
other products is expressly limited to the United States, unless otherwise
disclosed on the Site.
DISCLAIMER.
CCN makes no warranties or
representations about the accuracy or completeness of this Site's content or
the content of any site or External Sites.
CCN
does not filter advertisements or other content that children may view through
our sites or "hot-linked" sites, and they could receive content and
materials from the Internet and/or advertising that are inappropriate for
children. We encourage parents and guardians to spend time online with their
children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS,
INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT
LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CCN DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE. CCN DOES NOT REPRESENT OR WARRANT
THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE
SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CCN DOES
NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS
IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY,
USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL CCN BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF CCN HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION
UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN
CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
INDEMNIFICATION.
You agree to indemnify, defend, and
hold harmless CCN, its officers, directors, employees, agents, licensors and
suppliers (collectively the "Provider") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of these terms and conditions or any activity related to
your Internet account (including negligent or wrongful conduct), by you or any
other person accessing the Site using your Internet account.
APPLICABLE LAWS.
Your use of this Site shall be
governed in all respects by the laws of the state of California, U.S.A.,
without regard to choice of law provisions, and not by the 1980 U.N. Convention
on contracts for the international sale of goods. You agree that jurisdiction
over and venue in any legal proceeding directly or indirectly arising out of or
relating to this Site (including but not limited to the purchase of CCN
products and services) shall be in the state or federal courts located in San
Diego County, California. Any cause of action or claim you may have with
respect to the Site (including but not limited to the purchase of CCN products
or services) must be commenced within one (1) year after the claim or cause of
action arises. CCNs failure to insist upon or enforce strict performance of
any provision of these terms and conditions shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any of these terms and conditions. CCN
may assign its rights and duties under this Agreement to any party at any time
without notice to you.
CCN makes no representation that
materials in the Site are appropriate or available for use in other locations,
and access to them from territories where their content is illegal is
prohibited. Those who choose to access this Site from locations outside Ohio do
so on their own initiative and are responsible for compliance with applicable
local laws. You may not use or export the materials in violation of U.S. export
laws and regulations. Any claim relating to the materials shall be governed by
the internal substantive laws of the State of California.
ARBITRATION.
By using this Site, you agree that CCN,
at its sole discretion, may require you to submit any disputes arising from the
use of this Site, or these Terms and Conditions concerning or, including
disputes arising from or concerning their interpretation, violation, nullity,
invalidity, non-performance or termination, as well as disputes about filling
gaps in this contract or its adaptation to newly arisen circumstances, to final
and binding arbitration under the International Rules of Arbitration of the
American Arbitration Association, by one or more arbitrators appointed in
accordance with the said Rules. Notwithstanding these rules, however, such
proceeding shall be governed by the laws of the state as set forth in the
previous section.
Any award in an arbitration
initiated under this clause shall be limited to monetary damages and shall
include no injunction or direction to any party other than the direction to pay
a monetary amount. Further, the arbitrator(s) shall have no authority to award
punitive, consequential or other damages not measured by the prevailing party's
actual damages in any arbitration initiated under this section, except as may
be required by statute.
GENERAL.
CCN may revise these Terms at any
time by updating this posting. You should visit this page from time to time to
review the then-current Terms because they are binding on you. Certain
provisions of these Terms may be superseded by expressly designated legal
notices or terms located on particular pages at this Site.
OUR
Contact Information.
United States
Credit and Collection News
PO Box 130603
Carlsbad, CA 92013-0603
United States
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