These Terms and Conditions (“Agreement”) are made as of the Effective Date
by and between Marketing Services On The Web, LLC, a State of Washington
Limited Liability Corporation with offices located at 3415 Pacific Ave.
SE, #F-2, Olympia, WA 98501, (“Corporation”), and the Subscriber, as defined
hereunder.
The terms "you", "user", and “Subscriber” as used herein refer to all individuals
and/or entities accessing this or any other Site owned and operated by Marketing
Services On The Web, LLC for any reason.
NOTE!
THIS WEB PAGE IS A LEGAL DOCUMENT (“AGREEMENT”) BETWEEN YOU (“THE SUBSCRIBER”)
AND Marketing Services On The Web, LLC (“CORPORATION”). THIS AGREEMENT STATES
THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THIS SITE. PLEASE READ
THIS AGREEMENT CAREFULLY BEFORE ACCESSING AND USING THIS WEB SITE. BY USING
AND ACCESSING THIS WEB SITE, YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND
THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT
THIS AGREEMENT, DO NOT ACCESS AND USE THIS OR ANY OTHER WEB SITE OWNED AND
OPERATED BY Marketing Services On The Web, LLC. CORPORATION MAY REVISE THIS
AGREEMENT AT ANY TIME WITHOUT NOTICE BY UPDATING THIS AGREEMENT. YOU SHOULD
VISIT THIS WEB PAGE PERIODICALLY TO REVIEW THE AGREEMENT.
Acceptance of Terms
Please read these Terms and Conditions carefully before using or obtaining
any materials, information, products or services through Marketing Services
On The Web, LLC, dba The Toma Group.
WHEREAS, Corporation has developed and owns certain websites (as defined
hereinafter) for use and access by Users via the Internet; and
WHEREAS, User desires to access and use this website in accordance with
the terms and provisions of this Agreement;
NOW, THEREFORE, in consideration of the mutual benefits of the covenants
and restrictions herein contained, User and Corporation hereby agree as
follows:
ARTICLE I: RECITALS AND DEFINITIONS
Section 1.01 -- Recitals: The above recitals and
identification of parties are true and correct.
Section 1.02 -- Definitions: The following definitions
shall apply:
(1) Access: The term “access” and variants thereof (including,
without limitation, “accessing” and “accessible”) shall mean to store data
in, retrieve data from or otherwise approach, display, reproduce, frame,
establish a Link to, or make use of (directly or indirectly) through electronic
means or otherwise.
(2) TheTomaGroup.com: The term “TheTomaGroup.com” shall refer to
any website produced, owned and operated by Marketing Services On The
Web, LLC dba The Toma Group which are located on the Internet including
any and all Corporation Technology used, incorporated, stored or accessible
therein, as implemented on the Corporation System. The terms “The Toma Group”
and “MSOTW, LLC” shall be synonymous with Marketing Services On The Web,
LLC.
(3) Effective Date: The term “Effective Date” shall mean the date
the User accesses TheTomaGroup.com, whichever occurs first.
(4) Corporation Marks: The term “Corporation Marks” shall mean
trademarks, trade names, service marks and trade dress of Corporation and
parent companies, subsidiaries and affiliates of Corporation, including,
but not limited to, the names, The Toma Group, Marketing Services On The
Web, LLC, MSOTW, LLC, UnitedStatesSeniors.com, YourNeighborsConnected.com,
YourGroupConnected.com, YourClubConnected.com, YourOrganizationConnected.com,
YourLifeConnected.com, YourProfessionalsConnected.com, YourChurchesConnected.com,
YourNeighborhoodConnected.com, YourCommunityConnected.com, YourSubdivisionConnected.com,
YourTownConnected.com, YourCityConnected.com, YourCountyConnected.com, YourStateConnected.com,
YourProfessionalsConnected.com, , and any and all additional website names,
company dba’s and logos that may be associated with Corporation now and
into the future.
(5) Corporation System: The term “Corporation System” shall mean
computer systems and communication equipment used for hosting The Toma Group
websites and providing User access to The Toma Group websites.
(6) Corporation Technology: The term “Corporation Technology” shall
mean any and all Technology developed by or for Corporation.
(7) Internet: The term “Internet” shall mean that certain global
network of computers commonly referred to as the Internet, including (without
limitation) the World Wide Web.
(8) Licensed Content: The term “Licensed Content” shall mean third
party Technology incorporated in whole or part into The Toma Group websites.
(9) Link: The term “Link” shall mean text, icons, graphic symbols
that upon selection or activation, link or associate to, execute, access
or retrieve an off-screen Web Site or Technology.
(10) Password: The term “Password” shall mean that certain password
and SUBSCRIBER name assigned by Corporation to User for accessing certain
password protected portions of The Toma Group websites as may be modified
from time to time as provided hereunder.
(11) Policy Statement: The term “Policy Statement” shall mean
those certain written statements of policies (in printed or electronic form)
concerning access to The Toma Group websites as may be adopted by Corporation
and as modified by Corporation from time-to-time. These would be, but not
necessarily limited to the Terms and Conditions of Use and the Privacy Statement.
(12) Restatements: The term “Restatements” shall mean Section 757
of the Restatement of Torts, Section 39 of the Restatement (Third) of Unfair
Competition, Section 1 of the Uniform Trade Secrets Act and 18 U.S.C. §1839.
(13) Subscriber: The term “Subscriber” shall mean the individual
or entity assigned the password used to access certain portions of The Toma
Group websites.
(14) Technology: The term “Technology” shall mean information,
data, ideas, works of authorship, computer software, source code, object
code, executable code, software libraries, documentation, databases, database
designs, data dictionaries, data models, fields, records, scripts, texts,
interfaces, interface designs, screen displays, web sites, web pages, links,
visual works, graphic images, audio, video, compilations, formulas, methodologies,
techniques, processes, procedures, adaptations, derivative works, computers,
hardware, peripherals, components, networks, product lists, supplier lists
and customer lists.
(15) Term: The term “Term” shall mean a period of time starting
on the Effective Date and ending on the date either party cancels the Password
as provided hereunder.
(16) Unauthorized Access: The term “Unauthorized Access” shall
mean any access to The Toma Group websites except for access during the
Term for the exclusive purpose of viewing, browsing, retrieving, uploading
and posting information on and ordering products through The Toma Group
websites and/or using the Password on behalf of Subscriber in accordance
with this Agreement.
(17) Unauthorized User: The term “Unauthorized User” shall mean
any individual who accesses The Toma Group websites except for Subscriber
and employees and agents of Subscriber authorized by Subscriber to access
The Toma Group websites for purposes of viewing, browsing, retrieving, uploading
and posting information on and ordering products through The Toma Group
websites during the Term in accordance with this Agreement.
(18) Web Site: The term “Web Site” shall mean that certain multimedia
interactive product which is a compilation of data, information, computer
software, graphics, audiovisual, components and coding formatted for use
on the world-wide-web of the Internet and commonly referred to as a web
site.
ARTICLE II: SCOPE OF USE
Section 2.01 -- Access: Corporation
hereby grants User a non-exclusive, non-transferable and revocable license
to access The Toma Group websites, during the Term, solely for viewing,
browsing, retrieving, uploading and posting information, and ordering products
on or through The Toma Group websites, subject to the terms and provisions
of this Agreement. Service is available to any entity, and to any individual
13 years of age and older, which provides all required information including
the name, and an accurate and legitimate e-mail address. If you are an individual,
by accepting this Agreement you signify that you are over the age of 13.
Each User can create an MSOTW, LLC password for future access to certain
areas of The Toma Group web sites. .
Section 2.02 – Privacy Statement: During the Term,
Subscriber shall comply and agree to the terms of The MSOTW, LLC Privacy
Statement. Corporation may modify the Privacy Statement from time to time
at the exclusive discretion of Corporation. The use of the MSOTW, LLC service
is governed by the MSOTW, LLC Privacy Statement as well as this Terms and
Conditions of Use Agreement. Please review the MSOTW, LLC Privacy Statement.
Section 2.03 -- Password: Subscriber hereby accepts
responsibility for, and shall be liable for, all access to The Toma Group
websites in connection with the Password. Subscriber shall be responsible
for the confidentiality of the Password. Modification of the Password shall
be subject to the approval of Corporation. Subscriber shall immediately
notify MSOTW, LLC of any unauthorized use of your registration or password.
Section 2.04 -- Unauthorized Access: Subscriber
shall prevent Unauthorized Users from accessing The Toma Group websites.
Subscriber shall prevent Unauthorized Access to The Toma Group websites.
Section 2.05 -- Cancellation: Corporation may
cancel the Password, for convenience and in the exclusive discretion of
Corporation, upon providing written notice of such cancellation to Subscriber
in accordance with Section 5.06 of this Agreement. Subscriber may cancel
the Password, for convenience and in the exclusive discretion of Subscriber,
upon providing written notice of such cancellation to Subscriber in accordance
with Section 5.07 of this Agreement. Upon cancellation of the Password,
Subscriber shall immediately cease and desist any and all access to and
attempts to access password protected areas of The Toma Group websites.
Section 2.06 -- Prohibited Uses of this Site:
Unacceptable actions and content on this Site, listed below, will constitute
grounds for blocking access, removal of posted or created material, termination
of your membership, termination of this Agreement with you and/or termination
of Postings. It is a condition of your use of The Toma Group websites that
you do not:
(a) Upload, post, e-mail or otherwise transmit any content that is unlawful,
harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of
another's privacy, hateful, or otherwise objectionable;
(b) Upload, post, e-mail or otherwise transmit any content that you do not
have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under non-disclosure agreements) or any content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party;
(c) Harm minors in any way;
(d) Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any content transmitted through the site;
(e) Upload, post, e-mail or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software;
(f) Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
(g) Interfere with or disrupt (or attempt to interfere with or disrupt)
this Site or Servers or networks connected to this Site, or disobey any
requirements, procedures, policies or regulations of networks connected
to this Site, including via overloading, "flooding," "mail bombing" or "crashing;"
(h) Exhibit expressions of abuse, offensive language and imagery, obscenity,
or pornography, including, but not limited to, child abuse, child pornography,
depictions of minors engaged in sexual conduct or explicitly sexual situations,
or any other material that could give rise to any civil or criminal liability
under applicable state or federal law, or violating any laws or regulations
of any governing body having jurisdiction over MSOTW, LLC, its affiliates,
content suppliers, clients or Users;
(i) Use or attempt 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 The Toma Group websites other
than the search engine and search agents available from MSOTW, LLC on this
Site and other than generally available third party web browsers (e.g.,
Netscape Navigator, Microsoft Explorer);
(j) Attempt to decipher, de-compile, disassemble or reverse engineer any
of the software comprising or in any way making up a part of this Site;
(k) Access or attempt to access any data not intended for you, log into
a server or account which you are not authorized to access; or
(l) Attempt to probe, scan or test the vulnerability of a system or network,
or breach security or authentication measures without proper authorization.
Section 2.07 -- Restrictions of Use: The Toma
Group websites are owned and operated by MSOTW, LLC dba The Toma Group and
contain Content which is derived in whole or in part from Content supplied
by MSOTW, LLC and other sources, and is protected by copyright and trademark
laws. We reserve the right, at any time, to change any of the terms and
conditions contained herein or any information contained in the Web Site.
Any such changes will appear on the individual pages of the Web Site and/or
on this screen. By using the Web Site, you agree in advance to accept any
such changes.
ARTICLE III: INTELLECTUAL PROPERTY
Section 3.01 -- Ownership and Title: Title to
The Toma Group websites (excluding Licensed Content), including ownership
rights to any and all patents, copyrights, trademarks and trade secrets
in connection therewith shall be the exclusive property of Corporation.
Section 3.02 -- Unauthorized Use: Subscriber shall
not copy or download any or all portions of The Toma Group websites without
the prior written consent of Corporation. Subscriber shall not access, modify,
reverse engineer, reproduce, display, perform or distribute, including (without
limitation) by framing or similar means, The Toma Group websites without
the prior written consent of Corporation. Subscriber shall not (directly
or indirectly) promote, advertise, market or provide any Web Site similar
to or competitive with The Toma Group websites.
Section 3.03 -- Trademarks: Corporation shall
retain all rights, title and ownership interests in the Corporation Marks
and goodwill associated therewith. Subscriber acknowledges that, excepting
the Corporation Marks, all other product, service and company names mentioned
in The Toma Group websites may be trademarks of their respective owners.
Section 3.04 -- Proprietary Information: Subscriber
shall hold Corporation Technology in strict confidence and shall not access
or disclose Corporation Technology except as otherwise permitted under this
Agreement. Subscriber hereby acknowledges and agrees that the Corporation
Technology derives independent economic value (actual or potential) from
not being generally known to other persons who can obtain economic value
from its disclosure or use and not being readily ascertainable by proper
means by other persons who can obtain economic value from its disclosure
or use; is the subject of reasonable efforts under the circumstances to
maintain its secrecy; and is a trade secret as defined under the Restatements.
Section 3.05 -- No Contest: Subscriber shall not
contest or aid in contesting the ownership or validity of the copyrights,
trademarks, service marks and trade secrets (as applicable) of Corporation
in connection with The Toma Group websites.
Section 3.06 -- Subscriber Submissions: Any Technology
(except the Password and ordering information) uploaded, posted or submitted
by Subscriber on The Toma Group websites shall be deemed non-confidential.
Subscriber hereby grants Corporation an irrevocable, worldwide, perpetual,
nonexclusive license to access, use, reproduce, modify, adapt, release,
perform, display, distribute, sell and disclose such Technology, in whole
or in part, in any manner and for any purpose whatsoever, and to have and
authorize others to do so. Subscriber represents and warrants that Subscriber
possesses all necessary rights, title and interests to rightfully grant
Corporation the foregoing license, free and clear of any encumbrances, third
party interests and restrictions. Subscriber also represents and warrants
that all information provided by Subscriber in connection with The Toma
Group websites and this Agreement is true, complete and accurate. However,
private data by associations, individuals, groups, clubs, organizations,
or other entities posted within their private password protected sections
and data posted in conjunction with private sections known by such names
as “My Home Central” and “YourLifeConnected.com” shall remain private and
exempt from the terms of this section.
When you register for a password for an MSOTW, LLC website, you will be
asked to provide MSOTW, LLC with certain information, including a valid
email address ("your Information"). In addition to and notwithstanding to
the terms and conditions that may be set forth in any privacy policy or
privacy statement on this Site, you understand and agree that MSOTW, LLC
may disclose to third parties, on an anonymous basis, certain aggregate
of your Information. MSOTW, LLC will not disclose to any third party your
name, address, e-mail address or telephone number without your prior consent,
except to the extent necessary or appropriate to comply with applicable
laws or in legal proceedings where such information is relevant. MSOTW,
LLC reserves the right to offer third party services and products to you
based on the preferences that you identify in your registration and at any
time thereafter. Such offers may be made by MSOTW, LLC or by third parties.
Please see MSOTW, LLC Privacy Statement for further details regarding your
Information.
ARTICLE IV: WARRANTY AND INDEMNIFICATION
Section 4.01 -- Express Warranties: Subscriber
hereby acknowledges and agrees that Corporation (including officers, employees,
agents, directors and independent contractors of Corporation has not made
or granted to Subscriber any express warranties concerning The Toma Group
websites or any products and services offered through The Toma Group websites.
Subscriber hereby acknowledges that The Toma Group does not grant an express
warranty concerning any products and services offered through The Toma Group
websites and Subscriber hereby waives any and all claims of warranty based
on The Toma Group websites.
SECTION 4.02 -- WARRANTY LIMITATION: THE TOMA
GROUP WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CORPORATION,
TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS AND SUBSCRIBER
HEREBY WAIVES ALL WARRANTIES BY CORPORATION, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NON-INFRINGEMENT
OF THIRD PARTY RIGHTS IN CONNECTION WITH THE TOMA GROUP WEBSITES AND PRODUCTS
AND SERVICES OFFERED THROUGH THE TOMA GROUP. CORPORATION DOES NOT WARRANT
AND SUBSCRIBER HEREBY WAIVES ANY WARRANTY THAT USE OF OR ACCESS TO THE TOMA
GROUP WEBSITES BY SUBSCRIBER WILL BE UNINTERRUPTED OR ERROR FREE. CORPORATION
DOES NOT MAKE ANY WARRANTY AND SUBSCRIBER HEREBY WAIVES ANY AND ALL WARRANTIES
AS TO THE RESULTS OBTAINED FROM USE OF THE TOMA GROUP WEBSITES OR AS TO
THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE TOMA GROUP
WEBSITES. SUBSCRIBER HEREBY ACKNOWLEDGES AND AGREES THAT USE OF THE INTERNET
AND THE TOMA GROUP WEBSITES SHALL BE AT THE SOLE AND EXCLUSIVE RISK OF SUBSCRIBER
AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS,
POLICIES, APPLICABLE LAWS AND CODES OF CONDUCT GOVERNING THE INTERNET AND
THE TOMA GROUP WEBSITES.
Section 4.03 -- Inaccuracies: Subscriber hereby
acknowledges that The Toma Group websites may contain errors, inaccuracies
and omissions. Subscriber shall assume any and all risk of loss, harm or
damage associated with Subscriber access to and use of The Toma Group websites.
SECTION 4.04 -- LIMITATION OF LIABILITY: CORPORATION
SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL
OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH (I)
USE, PERFORMANCE OR OPERATION OF THE TOMA GROUP WEBSITES; (II) USE, PERFORMANCE
OR OPERATION OF THE INTERNET OR USE OF THE INTERNET BY SUBSCRIBER; (III)
LOSS OF DATA; AND (IV) PRODUCTS AND SERVICES OFFERED THROUGH THE TOMA GROUP
WEBSITES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT,
INCLUDING NEGLIGENCE, AND REGARDLESS OF WHETHER CORPORATION HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE
REASONABLY FORESEEABLE.
SECTION 4.05 -- LIMITATION OF DAMAGES: THE SOLE REMEDY OF
SUBSCRIBER FOR ANY REASON AND FOR ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION
WITH THIS AGREEMENT, THE TOMA GROUP WEBSITES, AND PRODUCTS AND SERVICES
OFFERED THROUGH THE TOMA GROUP, REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, SHALL BE MODIFICATION OF THE
TOMA GROUP WEBSITE(S), AS DETERMINED BY CORPORATION.
Section 4.06 -- Indemnification: Subscriber shall
release, defend, indemnify and hold harmless Corporation (including its
officers, directors, employees, affiliates, contractors and agents) from
and against any expense, loss, cost or liability (including, without limitation,
attorney fees and paralegal fees) arising from any and all claims, demands,
damages or actions resulting from or related to (i) use by Subscriber of
the Internet, The Toma Group websites or products or services offered through
The Toma Group (including, without limitation, any claims for breach of
warranty, loss of data, libel, slander, invasion of privacy or false advertising);
(ii) performance of The Toma Group websites; (iii) Subscriber’s negligence
or any tortuous acts (or failures to act) of Subscriber; (iv) products or
services offered through The Toma Group; and (v) any breach by Subscriber
of the obligations of Subscriber under this Agreement.
Section 4.07 -- Export Assurance: Subscriber shall
not perform any act in conflict with or in violation of the export laws
and regulations of the United States of America, including (without limitation)
the Export Administration Act, 50 U.S.C. §2401, et seq., the Export Administration
Regulations, 15 C.F.R. Parts 730-774, the Arms Export Control Act, 22 U.S.C.
§2751, and the International Traffic in Arms Regulations, 22 C.F.R. Parts
120-130, as amended.
Section 4.08 -- Links: Subscriber hereby acknowledges
that The Toma Group websites may contain Links to third party Web Sites.
Any such Links are provided solely as a convenience to Subscriber and do
not constitute an endorsement by Corporation of such Web Sites and the third
party content therein. MSOTW, LLC has no control over and is not responsible
for the content of linked third-party web 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
ARTICLE V: MISCELLANEOUS
Section 5.01 -- Entire Agreement: This Agreement
contains the entire understanding of the parties relating to the subject
matter hereof and supersedes all previous verbal and written agreements
between Corporation and Subscriber relating to the subject matter hereof.
Section 5.02 -- Amendments and Modifications:
Excepting modifications made to the Privacy Policy Statement by Corporation
and modifications made to this Terms and Conditions of Use Agreement by
Corporation, any alteration, modification or amendment of this Agreement
shall be void unless such alteration, modification or amendment is in writing
and signed by an authorized representative of Corporation.
Section 5.03 -- Severability: If a provision of
this Agreement is rendered invalid, the remaining provisions shall remain
in full force and effect.
Section 5.04 -- Captions: The headings and captions
of this Agreement are inserted for convenience of reference and do not define,
limit or describe the scope or intent of this Agreement or any particular
section, paragraph, or provision.
Section 5.05 -- Governing Law: This Agreement
shall be governed by the laws of the State of Washington and the City of
Olympia, WA, without regard to any rules of conflict or choice of laws which
may require the application of laws of another state, and venue shall be
Thurston County, WA.
Section 5.06 -- Subscriber Notice: All notices
to Subscriber shall be in writing. Notices to Subscriber shall be deemed
delivered when posted conspicuously on The Toma Group websites or when delivered
to Subscriber electronically, by commercial overnight delivery service,
by Certified or Registered Mail - Return Receipt Requested - or by hand.
Notices to Subscriber shall be deemed given when dispatched. Notices posted
conspicuously on The Toma Group websites or delivered to Subscriber electronically
(including, without limitation, electronic mail) shall be deemed written
notices.
Section 5.07 -- Corporation Notice: All notices
to Corporation shall be in writing. Notices to Corporation shall be deemed
delivered when delivered by commercial overnight delivery service, Certified
or Registered Mail - Return Receipt Requested - or by hand to the address
set forth below for Corporation. Notices to Corporation shall be deemed
given on the date notice is received by Corporation (as evidenced in the
case of Certified or Registered Mail by Return Receipt).
Corporation
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Address |
Marketing Services On The Web, LLC |
2607 Martin Way E., #102
Olympia, WA 98506
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Section 5.08 -- Pronouns/Gender:
Pronouns and nouns shall refer to the masculine, feminine, singular or plural,
as the context shall require.
Section 5.09 -- Remedies: All remedies under this
Agreement are in addition to equitable remedies and remedies provided by
law and are cumulative. The parties hereby acknowledge and agree that damages
at law will be an inadequate remedy to Corporation. In addition to remedies
at law and other rights, which may be available, Corporation shall have
the right of specific performance, injunction or other equitable remedy
(including, without limitation, the right to such equitable remedies prior
to or pending arbitration) in the event of a breach or threatened breach
of this Agreement by Subscriber.
Section 5.10 -- Waiver: Waiver of a breach of
this Agreement shall not constitute a waiver of any other breach. Failure
to enforce any provision of this Agreement shall not constitute a waiver
or create an estoppel from enforcing such provision. Any waiver of a provision
of this Agreement shall not be binding unless such waiver is in writing
and signed by the waiving party.
Section 5.11 -- Survival: The terms and provisions
of Sections 2.04 and 2.05 and Articles I, III, IV and V of this Agreement
shall survive cancellation of the Password.
Section 5.12 -- Public Announcements: All public
announcements concerning The Toma Group websites or the relationship of
Subscriber and Corporation shall be subject to the prior written approval
of Corporation.
Section 5.13 -- Arbitration: Any controversy or
claim arising out of or relating to this Agreement, or breach thereof, shall
be settled by arbitration in accordance with the Arbitration Rules of MyTechnologyLawyer.com
in Olympia, Washington. Judgment upon the award rendered by the arbitrators
may be entered in any court having jurisdiction thereof. Qualified Arbitrators
shall be selected by the parties in accordance with the Arbitration Rules
of MyTechnologyLawyer.com. Each party shall have the right of discovery
as set forth in the Federal Rules of Civil Procedure. The Arbitration shall
be administered by MyTechnologyLawyer.com.
Section 5.14 -- Litigation Expense: In the event
of litigation or arbitration arising out of or relating to this Agreement,
each party shall pay its own costs and expenses of litigation or arbitration
(excluding fees and expenses of arbitrators and administrative fees and
expenses of arbitration).
Section 5.15 -- Notice of Copyright Infringement:
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to MSOTW, LLC's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE
A RESPONSE. If you believe that your copyrighted work has been uploaded,
posted or copied to this Site and is accessible on this Site in a way that
constitutes copyright infringement, please notify us by providing our designated
copyright agent with the following information:
1. The physical or electronic signature of either the copyright owner or
of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work you claim has been infringed, and
a description of the activity that you claim to be infringing;
3. Identification of the URL or other specific location on this Site where
the material or activity you claim to be infringing is located or is occurring;
you must include enough information to allow MSOTW, LLC to locate the material
or the activity;
4. Your name, address, telephone number and, if you have one, your e-mail
address;
5. A statement by you that you have a good faith belief that use on this
Site of the copyrighted work in the manner you are complaining of is not
authorized by the copyright owner, any agent of the copyright owner, or
the law; and 6. A statement by you, made under penalty of perjury, that
the information you have provided in your notice is accurate and that you
are either the copyright owner or are authorized to act on behalf of the
copyright owner. MSOTW, LLC has designated Doug Burger as its agent to receive
notices of claims of copyright infringement on this Site. You can contact
Doug as follows:
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By Mail : |
Doug Burger
MSOTW, LLC, Inc.
3415 Pacific Ave. SE, Suite F-2
Olympia, WA 98501
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By Email : |
doug@msotw.com |
Section 5.16 -- Unsolicited Idea Submission Policy: MSOTW,
LLC generally does not accept or consider unsolicited ideas, including ideas
for new advertising campaigns, new promotions, new products or technologies,
processes, materials, marketing plans or new product names. Please do not
send any original creative artwork, samples, demos, or other works to MSOTW,
LLC. The sole purpose of this policy is to avoid potential misunderstandings
or disputes when MSOTW, LLC’s products or marketing strategies might seem
similar to ideas submitted to MSOTW, LLC. Therefore, please do not send
your unsolicited ideas to MSOTW, LLC or anyone at MSOTW, LLC. If, despite
this request that you not send MSOTW, LLC your ideas and materials, you
still send them, please understand that MSOTW, LLC makes no assurances that
your ideas and materials will be treated as confidential or proprietary.
Section 5.17 -- Feedback and Information: Any feedback you provide at this
site shall be deemed to be non-confidential. MSOTW, LLC is free to use such
information on an unrestricted basis.
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