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Terms
of Service
AMLOH-Central.com
is owned by AMLOH ENTERPRISE, LLC., (hereinafter the "COMPANY"
or "we"). AMLOH-Central.com
requires that all persons or entities visiting this Website
agree to the following terms and conditions. Please read our
Terms of Service Agreement (the "TOS") carefully before
continuing on with your use of this Website or becoming a Member/Customer
of the Website. The Agreement and/or Terms shall govern the
use of the Website and apply to all Internet traffic visiting
the Website. If you do not agree to any of these terms, then
do not use the Website.
1.
ACCEPTANCE OF TERMS AND BINDING EFFECT
THIS IS
A BINDING AGREEMENT. BY USING AND/OR VISITING THIS WEBSITE (COLLECTIVELY,
INCLUDING ALL CONTENT AVAILABLE THROUGH THE AMLOH-Central.com
DOMAIN NAME, THE "WEBSITE"), YOU ("User,"
"YOU" OR "YOUR" ) SIGNIFY YOUR ASSENT TO
THE TOS, THE WEBSITE'S PRIVACY POLICY, WHICH IS PUBLISHED AT
WWW. .COM AND THE GOODS/SERVICES YOU OBTAIN FROM THE UTILIZATION
OF WEBSITE'S SERVICES AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.
IT IS YOUR RESPONSIBILITY TO REVIEW THE TOS PERIODICALLY. IF
AT ANY TIME YOU FIND THE TOS AND INCORPORATED AGREEMENTS UNACCEPTABLE,
YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE ALL USE OF
THE SERVICES AND THE WEBSITE. YOU AGREE THAT BY USING THE SERVICES
YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU
ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
A. AMLOH-Central.com
reserves the right to update the TOS at any time without notice
to User.
B. The right
to use AMLOH-Central.com is personal to User and is not transferable
to any other person or entity. User is responsible for all use
of User's Account (under any screen name or password) and for
ensuring that all use of User's Account complies fully with
the provisions of this Agreement. User shall be responsible
for protecting the confidentiality of User's password(s), if
any.
C. COMPANY
shall have the right at any time to change or discontinue any
aspect or feature of AMLOH-Central.com, including, but not limited
to, content, hours of availability, and equipment needed for
access or use.
2.
CHANGED TERMS
The most
current version of the TOS can be reviewed by clicking on the
"Terms of Service" hypertext link located or published
at the bottom of our Web pages. AMLOH ENTERPRISE, LLC. shall
have the right at any time to change or modify the terms and
conditions applicable to User's use of AMLOH-Central.com, or
any part thereof, or to impose new conditions, including, but
not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including,
but not limited to, posting on AMLOH-Central.com, or by electronic
or conventional mail, or by any other means by which User obtains
notice thereof. Any use of AMLOH-Central.com by User after such
notice shall be deemed to constitute acceptance by User of such
changes, modifications or additions.
3.
DESCRIPTION OF SERVICES
Through
its Website and Protected Materials, AMLOH ENTERPRISE, LLC.
provides User with access to a variety of resources, including:
For
Affiliates:
affiliate area, training modules, promotion tools
For
Customers: customer/membership area
Protected
Materials are all materials or other intellectual property rights,
or which may be construed as proprietary information including,
but not limited to, any and all technical and non-technical
information that is valuable to AMLOH ENTERPRISE, LLC. such
as subscription programs, audio/visual programs, coaching programs,
tele-seminars, tele-coaching, flip charts, audio/video products,
books, training routines, training processes, course material,
literature, pamphlets, processes, procedures, patents, trademarks,
service marks, products, copyrights, trade secrets, techniques,
sketches, drawings, models, invention, know-how and equipment
related to current and contemplated products and services, inventions,
manufacturing, purchasing, accounting, engineering, marketing,
merchandising and sales, to the extent necessary and as may
be reasonably required during the relationship will be considered
protected material. The Services, including any updates, enhancements,
new features, and/or the addition of any new Protected Materials,
are subject to the TOS, the privacy policy and the domain licenses.
4.
EQUIPMENT
User shall
be responsible for obtaining and maintaining all telephone,
computer hardware, software and other equipment needed for access
to and use of AMLOH-Central.com and all charges related thereto.
5.
USER CONDUCT
A. User
shall use AMLOH-Central.com for lawful purposes only. User shall
not post or transmit through AMLOH-Central.com any material
which violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or
otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability
or otherwise violate any law, or which, without AMLOH ENTERPRISE,
LLC.'s express prior approval, contains advertising or any solicitation
with respect to products or services. Any conduct by User that
in AMLOH ENTERPRISE, LLC.'s discretion restricts or inhibits
any other User from using or enjoying AMLOH-Central.com will
not be permitted. User shall not use AMLOH-Central.com to advertise
or perform any commercial solicitation, including, but not limited
to, the solicitation of users to become subscribers of other
on-line information services competitive with AMLOH ENTERPRISE,
LLC..
B. AMLOH-Central.com
contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software,
photos, video, graphics, music and sound, and the entire contents
of AMLOH-Central.com are copyrighted as a collective work under
the United States copyright laws. AMLOH ENTERPRISE, LLC. owns
a copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original
to it. User may not modify, publish, transmit, participate in
the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. User may download
copyrighted material for User's personal use only. Except as
otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation
of downloaded material will be permitted without the express
permission of AMLOH ENTERPRISE, LLC. and the copyright owner.
In the event of any permitted copying, redistribution or publication
of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made.
User acknowledges that it does not acquire any ownership rights
by downloading copyrighted material.
C. User
shall not upload, post or otherwise make available on AMLOH-Central.com
any material protected by copyright, trademark or other proprietary
right without the express permission of the owner of the copyright,
trademark or other proprietary right and the burden of determining
that any material is not protected by copyright rests with User.
User shall be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or any other
harm resulting from such a submission. By submitting material
to any public area of AMLOH-Central.com, User automatically
grants, or warrants that the owner of such material has expressly
granted AMLOH ENTERPRISE, LLC. the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material
(in whole or in part) worldwide and/or to incorporate it in
other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist
in such material. User also permits any other User to access,
view, store, or reproduce the material for that User's personal
use. User hereby grants AMLOH ENTERPRISE, LLC. the right to
edit, copy, publish and distribute any material made available
on AMLOH-Central.com by User.
D. The foregoing
provisions of Section 5 are for the benefit of AMLOH ENTERPRISE,
LLC., its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert
and enforce such provisions directly or on its own behalf.
6.
USE OF SERVICES
A. The Services
may contain email services, bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars,
photo albums, file cabinets and/or other message or communication
facilities designed to enable User to communicate with others
(each a "Communication Service" and collectively "Communication
Services"). User agrees to use the Communication Services
only to post, send and receive messages and material that are
proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, User agrees
that when using the Communication Services, User will not:
- Use the
Communication Services in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any
duplicative or unsolicited messages (commercial or otherwise).
- Defame,
abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish,
post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic,
name, material or information.
- Upload,
or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property
laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless User own or control the rights thereto or have received
all necessary consent to do the same.
- Use any
material or information, including images or photographs,
which are made available through the Services in any manner
that infringes any copyright, trademark, patent, trade secret,
or other proprietary right of any party.
- Upload
files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software
or programs that may damage the operation of another's computer
or property of another.
- Advertise
or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows
such messages.
- Download
any file posted by another user of a Communication Service
that User know, or reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed in such
manner.
- Falsify
or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software
or other material contained in a file that is uploaded.
- Restrict
or inhibit any other user from using and enjoying the Communication
Services.
- Violate
any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
- Harvest
or otherwise collect information about others, including email
addresses.
- Violate
any applicable laws or regulations.
- Create
a false identity for the purpose of misleading others.
- Use,
download or otherwise copy, or provide (whether or not for
a fee) to a person or entity any directory of users of the
Services or other user or usage information or any portion
thereof.
B. AMLOH
ENTERPRISE, LLC. has no obligation to monitor the Communication
Services. However, AMLOH ENTERPRISE, LLC. reserves the right
to review materials posted to the Communication Services and
to remove any materials in its sole discretion. AMLOH ENTERPRISE,
LLC. reserves the right to terminate User's access to any or
all of the Communication Services at any time, without notice,
for any reason whatsoever. AMLOH ENTERPRISE, LLC. reserves the
right at all times to disclose any information as it deems necessary
to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in AMLOH
ENTERPRISE, LLC. sole discretion.
C. Materials
uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; User
is responsible for adhering to such limitations if User downloads
the materials.
D. Always
use caution when giving out any personally identifiable information
in any Communication Services. AMLOH ENTERPRISE, LLC. does not
control or endorse the content, messages or information found
in any Communication Services and, therefore, AMLOH ENTERPRISE,
LLC. specifically disclaims any liability with regard to the
Communication Services and any actions resulting from User's
participation in any Communication Services. Managers and hosts
are not authorized AMLOH ENTERPRISE, LLC. spokespersons, and
their views do not necessarily reflect those of AMLOH ENTERPRISE,
LLC..
7.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of
the Services requires User to open an account, User must complete
the registration process by providing AMLOH ENTERPRISE, LLC.
with current, complete and accurate information as prompted
by the applicable registration form. User also will choose a
password and a username. User is entirely responsible for maintaining
the confidentiality of User's password and account. Furthermore,
User is entirely responsible for any and all activities that
occur under User's account. User agrees to notify AMLOH ENTERPRISE,
LLC. immediately of any unauthorized use of User's account or
any other breach of security. AMLOH ENTERPRISE, LLC. will not
be liable for any loss that User may incur as a result of someone
else using User's password or account, either with or without
User's knowledge. However, User could be held liable for losses
incurred by AMLOH ENTERPRISE, LLC. or another party due to someone
else using User's account or password. User may not use anyone
else's account at any time, without the permission of the account
holder.
8.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
A. Any software
that is made available to download from the Services ("Software")
is the copyrighted work of AMLOH ENTERPRISE, LLC. and/or its
suppliers. Use of the Software is governed by the terms of the
end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement").
An end user will be unable to install any Software that is accompanied
by or includes a License Agreement, unless he or she first agrees
to the License Agreement terms.
B. The License
Agreement is based upon one domain name use. Domains need to
be fully owned by the User. Users can buy as many licenses as
they need for as many domains that the User owns.
C. The Software
is made available for download solely for use or personal use
by end users according to the License Agreement. Any reproduction
or redistribution of the Software not in accordance with the
License Agreement is expressly prohibited by law, and may result
in severe civil and criminal penalties. The Software is made
available for download solely for use or personal use by end
users according to the License Agreement. Violators will have
their licenses revoked if they do not follow these terms and
will be prosecuted to the maximum extent possible.
D. WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT
ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT
AS WARRANTED IN THE LICENSE AGREEMENT, AMLOH ENTERPRISE, LLC.
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT
E. FOR YOUR
CONVENIENCE, AMLOH ENTERPRISE, LLC. MAY MAKE AVAILABLE AS PART
OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES
FOR USE AND/OR DOWNLOAD. AMLOH ENTERPRISE, LLC. DOES NOT MAKE
ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR
OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN
USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission
to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) the
below copyright notice appears in all copies and that both the
copyright notice and this permission notice appear, (2) use
of such Documents from the Services is for informational and
non-commercial or personal use only and will not be copied or
posted on any network computer or broadcast in any media, and
(3) no modifications of any Documents are made. Accredited educational
institutions, such as universities, private/public colleges,
and state community colleges, may download and reproduce the
Documents for distribution in the classroom. Distribution outside
the classroom requires express written permission. Use for any
other purpose is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
AMLOH ENTERPRISE,
LLC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS
AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED
OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL AMLOH ENTERPRISE, LLC. AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS
AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. AMLOH ENTERPRISE,
LLC. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN
AT ANY TIME.
10.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE
ON THIS SITE
IN NO EVENT
SHALL AMLOH ENTERPRISE, LLC. AND/OR ITS RESPECTIVE SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11.
MATERIALS PROVIDED TO AMLOH ENTERPRISE, LLC. OR POSTED AT ANY
OF ITS WEBSITES
A. AMLOH
ENTERPRISE, LLC. does not claim ownership of the materials User
provides to AMLOH ENTERPRISE, LLC. (including feedback and suggestions)
or post, upload, input or submit to any Services or its associated
services for review by the general public, or by the members
of any public or private community, (each a "Submission"
and collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting ("Posting")
User's Submission User is granting AMLOH ENTERPRISE, LLC., its
affiliated companies and necessary sublicenses permission to
use User's Submission in connection with the operation of their
Internet businesses (including, without limitation, all AMLOH
ENTERPRISE, LLC. Services), including, without limitation, the
license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat User's
Submission; to publish User's name in connection with User's
Submission; and the right to sublicense such rights to any supplier
of the Services. No compensation will be paid with respect to
the use of User's Submission, as provided herein. AMLOH ENTERPRISE,
LLC. is under no obligation to post or use any Submission User
may provide and AMLOH ENTERPRISE, LLC. may remove any Submission
at any time in its sole discretion. By Posting a Submission
User warrants and represents to own or otherwise control all
of the rights to User's Submission as described in these Terms
of Service including, without limitation, all the rights necessary
for User to provide, post, upload, input or submit the Submissions.
B. In addition
to the warranty and representation set forth above, by Posting
a Submission that contain images, photographs, pictures or that
are otherwise graphical in whole or in part ("Images"),
User warrants and represents that (a) User is the copyright
owner of such Images, or that the copyright owner of such Images
has granted User permission to use such Images or any content
and/or images contained in such Images consistent with the manner
and purpose of User's use and as otherwise permitted by these
Terms of Service and the Services, (b) User has the rights necessary
to grant the licenses and sublicenses described in these Terms
of Service, and (c) that each person depicted in such Images,
if any, has provided consent to the use of the Images as set
forth in these Terms of Service, including, by way of example,
and not as a limitation, the distribution, public display and
reproduction of such Images. By Posting Images, User is granting
(a) to all members of User's private community (for each such
Images available to members of such private community), and/or
(b) to the general public (for each such Images available anywhere
on the Services, other than a private community), permission
to use User's Images in connection with the use, as permitted
by these Terms of Service, of any of the Services, (including,
by way of example, and not as a limitation, making prints and
gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license
to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat User's Images without
having User's name attached to such Images, and the right to
sublicense such rights to any supplier of the Services. The
licenses granted in the preceding sentences for a Images will
terminate at the time User completely remove such Images from
the Services, provided that, such termination shall not affect
any licenses granted in connection with such Images prior to
the time User completely remove such Images. No compensation
will be paid with respect to the use of User's Images.
C. AMLOH
ENTERPRISE, LLC. is a distributor (and not a publisher) of content
supplied by third parties and Users. Accordingly, AMLOH ENTERPRISE,
LLC. has no more editorial control over such content than does
a public library, bookstore, or newsstand. Any opinions, advice,
statements, services, offers, or other information or content
expressed or made available by third parties, including information
providers, Users or any other user of AMLOH-Central.com, are
those of the respective author(s) or distributor(s) and not
of AMLOH ENTERPRISE, LLC.. Neither AMLOH ENTERPRISE, LLC. nor
any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose.
12.
COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When accessing
the Website or using the Services, you agree to obey the law
and to respect the intellectual property rights of others. Your
use of the Services and the Website is at all times governed
by and subject to laws regarding copyright ownership and use
of intellectual property. You agree not to upload, download,
display, perform, transmit, or otherwise distribute any information
or Materials in violation of any third party's copyrights, trademarks,
or other intellectual property or proprietary rights. You agree
to abide by laws regarding copyright ownership and use of intellectual
property, and you shall be solely responsible for any violations
of any relevant laws and for any infringements of third party
rights caused by any Materials you provide or transmit, or that
is provided or transmitted using your User ID. The burden of
proving that any Materials do not violate any laws or third
party rights rests solely with you.
13.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER
EXPRESSLY AGREES THAT USE OF AMLOH-Central.com IS AT USER'S
SOLE RISK. NEITHER COMPANY, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS
OR LICENSORS WARRANT THAT AMLOH-Central.com WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF AMLOH-Central.com, OR AS TO
THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE,
OR MERCHANDISE PROVIDED THROUGH AMLOH-Central.com.
B. AMLOH-Central.com
IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT COMPANY
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO
EVENT SHALL AMLOH ENTERPRISE, LLC., OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING AMLOH-Central.com
OR THE AMLOH ENTERPRISE, LLC. SOFTWARE, BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE
USE OF OR INABILITY TO USE AMLOH-Central.com. USER HEREBY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT
ON THE SITE.
E. IN ADDITION
TO THE TERMS SET FORTH ABOVE NEITHER AMLOH ENTERPRISE, LLC.
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN AMLOH-Central.com,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF
TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM
OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE
LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL
DAMAGES.
F. PRIOR
TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT
WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY
PRICING OR OTHER INFORMATION. AMLOH ENTERPRISE, LLC., ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY
FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED.
NEITHER AMLOH ENTERPRISE, LLC. NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE
USE OF THE INFORMATION.
G. FORCE
MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE
OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT,
EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS,
ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE
FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES,
NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS
(INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS).
THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER
PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE.
THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR
AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM
PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
14.
LINKS TO THIRD PARTY SITES
A. THE LINKS
IN THIS AREA WILL LET YOU LEAVE AMLOH ENTERPRISE, LLC.'S SITE.
THE LINKED SITES ARE NOT UNDER THE CONTROL OF AMLOH ENTERPRISE,
LLC. AND AMLOH ENTERPRISE, LLC. IS NOT RESPONSIBLE FOR THE CONTENTS
OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR
ANY CHANGES OR UPDATES TO SUCH SITES. AMLOH ENTERPRISE, LLC.
IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. AMLOH ENTERPRISE, LLC. IS PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION
OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY AMLOH ENTERPRISE,
LLC. OF THE SITE.
B. AMLOH
ENTERPRISE, LLC. is a distributor (and not a publisher) of content
supplied by third parties and Users. Accordingly, AMLOH ENTERPRISE,
LLC. has no more editorial control over such content than does
a public library, bookstore, or newsstand. Any opinions, advice,
statements, services, offers, or other information or content
expressed or made available by third parties, including information
providers, Users or any other user of AMLOH-Central.com, are
those of the respective author(s) or distributor(s) and not
of AMLOH ENTERPRISE, LLC.. Neither AMLOH ENTERPRISE, LLC. nor
any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose.
C. In many instances, the content available through AMLOH-Central.com
represents the opinions and judgments of the respective information
provider, User, or other user not under contract with AMLOH
ENTERPRISE, LLC.. AMLOH ENTERPRISE, LLC. neither endorses nor
is responsible for the accuracy or reliability of any opinion,
advice or statement made on AMLOH-Central.com by anyone other
than authorized AMLOH ENTERPRISE, LLC. employee spokespersons
while acting in their official capacities. Under no circumstances
will AMLOH ENTERPRISE, LLC. be liable for any loss or damage
caused by a User's reliance on information obtained through
AMLOH-Central.com. It is the responsibility of User to evaluate
the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through AMLOH ENTERPRISE,
LLC.. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion,
advice or other content.
15.
UNSOLICITED IDEA SUBMISSION POLICY
AMLOH ENTERPRISE,
LLC. OR ANY OF ITS EMPLOYEES DO 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. THE SOLE PURPOSE
OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES
WHEN COMPANY'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR
TO IDEAS SUBMITTED TO AMLOH ENTERPRISE, LLC.. SO, PLEASE DO
NOT SEND YOUR UNSOLICITED IDEAS TO COMPANY OR ANYONE AT AMLOH
ENTERPRISE, LLC.. IF, DESPITE OUR REQUEST THAT YOU NOT SEND
US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT AMLOH ENTERPRISE, LLC. MAKES NO ASSURANCES THAT YOUR IDEAS
AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
16.
PRIVACY POLICY
AMLOH ENTERPRISE,
LLC. respects your privacy and permits Users to control the
treatment of personal information. A complete statement of AMLOH
ENTERPRISE, LLC. current Privacy Policy can be reviewed on our
Privacy Policy link located or published
at the bottom of our Web pages.
17.
MONITORING
AMLOH ENTERPRISE,
LLC. shall have the right, but not the obligation, to monitor
the content of AMLOH-Central.com, including chat rooms and forums,
to determine compliance with this Agreement and any operating
rules established by AMLOH ENTERPRISE, LLC. and to satisfy any
law, regulation or authorized government request. AMLOH ENTERPRISE,
LLC. shall have the right in its sole discretion to edit, refuse
to post or remove any material submitted to or posted on AMLOH-Central.com.
Without limiting the foregoing, AMLOH ENTERPRISE, LLC. shall
have the right to remove any material that AMLOH ENTERPRISE,
LLC., in its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
18.
INDEMNIFICATION AND HOLD HARMLESS
User agrees
to defend, indemnify and hold harmless AMLOH ENTERPRISE, LLC.,
its affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of AMLOH ENTERPRISE,
LLC. by User or User's Account.
19.
TERMINATION
Either AMLOH
ENTERPRISE, LLC., AMLOH-Central.com or User may terminate this
Agreement at any time. Without limiting the foregoing, AMLOH
ENTERPRISE, LLC. shall have the right to immediately terminate
User's Account in the event of any conduct by User which AMLOH
ENTERPRISE, LLC., in its sole discretion, considers to be unacceptable,
or in the event of any breach by User of this Agreement.
20.
ENTIRE AGREEMENT
This Agreement,
the privacy policy, domain licenses and any operating rules
for AMLOH-Central.com established by AMLOH ENTERPRISE, LLC.
constitute the entire agreement of the parties and supersede
all previous written or oral agreements between the parties.
21.
ARBITRATION
Each party
to this Agreement expressly agrees that all disputes, claims
or controversies that exist or may come to exist between them
including, without limitation, all disputes, claims or controversies
that exist or may arise out of, under or in connection with
this Agreement, first to binding arbitration located in edit
County, State of edit in accordance with the Commercial Arbitration
Procedures of the American Arbitration Association. The parties
agree that judgment upon the arbitration award will be final,
binding and conclusive upon each party and may be entered into
any court having jurisdiction. In the case of action under this
Section, the prevailing party shall be entitled to recover its
costs of the proceeding, including reasonable attorneys' fees
and out of pocket expenses.
22.
CHOICE OF LAW, VENUE AND FORUM
The TOS,
the privacy policy, domain licenses and any operating rules
for AMLOH-Central.com shall be construed in accordance with
and governed by the laws of the United States and the State
of edit, without reference to their rules regarding conflicts
of law. You hereby irrevocably consent to the exclusive jurisdiction
of the state or federal courts in edit County, State of edit,
United States in all disputes arising out of or related to the
use of the Website or, without reference to their rules regarding
conflicts of law.
23.
SEVERABILITY
If, for
whatever reason, a court of competent jurisdiction finds any
term or condition in these Terms of Service to be unenforceable,
all other terms and conditions will remain unaffected and in
full force and effect.
24.
WAIVER
No waiver
of any breach of any provision of these Terms of Service shall
constitute a waiver of any prior, concurrent, or subsequent
breach of the same or any other provisions hereof, and no waiver
shall be effective unless made in writing and signed by an authorized
representative of the waiving party.
25.
HEADINGS
The section
headings used herein are for convenience only and shall not
be given any legal importance.
26.
COPYRIGHT
All contents
of Website or Services are: © AMLOH ENTERPRISE, LLC.. All
rights reserved.
27.TRADEMARKS
The names
of actual companies and products mentioned herein may be the
trademarks of their respective owners. The example companies,
organizations, products, domain names, email addresses, logos,
people and events depicted herein are fictitious. No association
with any real company, organization, product, domain name, email
address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
28.
NO LICENSE
Nothing
contained on the Website should be understood as granting you
a license to use any of the trademarks, service marks, logos
and the like owned by AMLOH ENTERPRISE, LLC. or by any third
party.
29.
NOTICES
Any notices
to AMLOH ENTERPRISE, LLC. shall be given via the Support Helpdesk
here.
Or if you
are sending a certified mail, return receipt requested to:
AMLOH
ENTERPRISE
14 Robinson Road #13-00, Far East Finance Building,
Singapore 048545
Any notice
to Users shall be sent by email to the email address provided
by the User. Email notices to a User shall be deemed delivered
twenty-four (24) hours from the time the email is sent. Notices
to AMLOH ENTERPRISE, LLC. shall be deemed delivered five (5)
calendar days after sent by certified mail.
30.
COPYRIGHT INFRINGEMENT
AMLOH ENTERPRISE,
LLC. has in place certain legally mandated procedures regarding
allegations of copyright infringement occurring on the Website
or with the Services. AMLOH ENTERPRISE, LLC. has adopted a policy
that provides for the immediate suspension and/or termination
of any Website or Services user who is found to have infringed
on the rights of AMLOH ENTERPRISE, LLC. or of a third party,
or otherwise violated any intellectual property laws or regulations.
AMLOH ENTERPRISE, LLC.'s policy is to investigate any allegations
of copyright infringement brought to its attention. If you have
evidence, know, or have a good faith belief that your rights
or the rights of a third party have been violated and you want
AMLOH ENTERPRISE, LLC. to delete, edit, or disable the material
in question, you must provide AMLOH ENTERPRISE, LLC. with all
of the following information:
(a) a physical
or electronic signature of a person authorized to act on behalf
of the owner of the exclusive right that is allegedly infringed;
(b) identification
of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works are covered by a single notification,
a representative list of such works;
(c) identification
of the material that is claimed to be infringed or to be the
subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably
sufficient to permit AMLOH ENTERPRISE, LLC. to locate the material;
(d) information
reasonably sufficient to permit AMLOH ENTERPRISE, LLC. to contact
you, such as an address, telephone number, and if available,
an electronic mail address at which you may be contacted;
(e) a statement
that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
(f) a statement
that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
31.
INDEPENDENT PARTIES
You and
AMLOH ENTERPRISE, LLC. expressly agree that each is an independent
contractor of the other. Neither party is an agent, representative,
broker, employee, partner or joint venturer of the other party.
This Agreement shall not be interpreted or construed to create
an association, joint venture, agency, franchise or partnership
between the parties or to impose any partnership obligation
or liability upon either party
32.
ACKNOWLEDGEMENT
BY USING
THE SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT
YOU HAVE READ THESE Terms of Service AND AGREE TO BE BOUND BY
THEM.
ANY
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
This
Terms of Service Agreement Was Generated Using Software From
ProtectYourOnlineAssets.com
It Is Protected Under Copyright. Do Not Copy Or Replicate Without
A Valid Licence.
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