DESCRIBED BELOW ARE YOUR RIGHTS AND RESPONSIBILITIES AND THEY
CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND
CLUBSQUARE.COM, INC. REGARDING YOUR USE OF OUR INTERNET WEBSITE
SERVICE WWW.RJENDA.COM. BY USING THE SERVICE, INCLUDING
VIEWING CONTENT, YOU AS AN INDIVIDUAL AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS OF THIS AGREEMENT BETWEEN YOU AND CLUBSQUARE.COM, INC.
(WHETHER OR NOT YOU CHOOSE TO BECOME A MEMBER). YOUR ACCESS TO AND
USE OF WWW.RJENDA.COM IS EXPRESSLY CONDITIONED ON YOUR
COMPLIANCE WITH THESE TERMS AND CONDITIONS.
TERMS OF SERVICE:
By using Rjenda
Services, you understand, acknowledge and agree to be bound by the
Agreement and that you will abide by the terms and conditions of our
Agreement with you, whether you are a "Visitor", meaning
that you simply browse the Site or you are a "Member"
meaning that you have registered with CLUBSQUARE. The term "User"
refers to a Visitor or a Member. When we use the term "Agreement"
terms and conditions that apply to and govern your use of Content,
Postings, and Groups, (all as defined below), any features, functions
and services we make available to you from time to time through our
Rjenda Services, any official rules which apply to your participation
in promotions, contests, sweepstakes, award programs, memberships,
e-mail and/or newsletters ("Rules") and any additional
terms and conditions referred to in any of the foregoing documents.
incorporated into our Agreement with you by this reference and this
Agreement will remain in full force and effect as long as you are a
user of Rjenda Services, even if your use of or participation in any
particular service, feature, function or promotional activity
terminates, expires, ceases, is suspended or deactivated for any
The words "use" or "using" in this Agreement, means any time a User, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from Rjenda Services, transmit, receive or exchange data or communicate with the Rjenda Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Rjenda Services, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.
Please choose carefully the information you post on Rjenda Services and that you provide to other Users. Your Postings may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material. If you become aware of misuse of Rjenda Services by any person, please contact us at www.rjenda.com/jsp/contactus.jsp.
This Agreement shall remain in full force and effect while you use Rjenda Services or are a User. There are portions of Rjenda Services and this Site that we make available to Users in the general public without registering and you may visit and browse those portions without charge or obligation; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.
We reserve the right, in its sole discretion, to reject, refuse to post or remove any posting, including email, by you, or to restrict, suspend, or terminate your access to all or any part of Rjenda Services at any time, for any or no reason, with or without prior notice, and without liability. Even after your account is terminated, this Agreement will remain in effect, including all sections.
You acknowledge that we reserve the right to charge for Rjenda Services and to change its fees from time to time in its discretion. If we terminate your account because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees.
We may modify this Agreement from time to time at our sole discretion and such modification shall be effective upon posting by us on the Site. We will post or display notices of material changes on this Site and we may also e-mail you about these changes. Once we post them on Rjenda Services, these changes become effective immediately and if you use the Rjenda Services after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. We reserve the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the Rjenda Services at any time, without any liability or obligation to you, with or without notice.
4. MONTHLY MEMBERSHIPS; FEES; CANCELLATION
During times when trial memberships are offered, you agree to accept the trial membership to the Site and by accessing the Rjenda Services you authorize the charges set forth below and agree to the following terms and conditions:
In the event you enroll in a trial membership, your trial membership will entitle you full access of the Site for the number of days starting on the day you submit your trial membership application to the Site.
You agree that if you do not send us notice of cancellation of your trial membership at least ONE DAY from the expiration of your trial membership term, we shall automatically and without further notice:
Subscription and Membership fees to the Site are subject to change at any time at the sole and absolute discretion of Company. The official standard membership rates for the Rjenda Services shall be set forth in the invoice you received from Rjenda.
Rjenda Services are billed in advance and fees paid are non-refundable.
TO CANCEL AUTOMATIC RENEWAL AT THE END OF ANY TRIAL MEMBERSHIP PERIOD, YOU MUST NOTIFY RJENDA AT LEAST ONE DAY PRIOR TO THE END OF THE PAID TRIAL PERIOD, BY CONTACTING RJENDA BY E-MAIL, TELEPHONE OR U.S. MAIL (AT THE THEN CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT WWW.RJENDA.COM.
TO CANCEL YOUR MONTHLY MEMBERSHIP YOU MUST NOTIFY RJENDA OF YOUR CANCELLATION BY E-MAIL, TELEPHONE, OR U.S. MAIL (AT THE THEN CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT WWW.RJENDA.COM AT LEAST 7 (SEVEN) DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT MEMBERSHIP TERM.
You hereby acknowledge and agree that if you cancel your membership, or if your membership is cancelled by us, your User ID will be removed from the system at the end of the then current membership period and that you will be entitled to receive the full benefits of your membership until the end of such period. You shall not be entitled to any pro-rated or partial refund if you cancel your monthly membership before the end of the then current membership period. You agree that if you cancel at any time after purchasing a membership to the Site (e.g., 20 minutes after you sign up), you will still be charged the full membership fee.
We may, at any time and at our sole discretion, cancel any trial membership or membership; provided, however, that if we cancel any paid membership prior to its expiration, we shall provide a pro-rata refund for the unexpired period of the cancelled membership .
If you paid by credit card, you hereby authorize Rjenda to charge your credit card (which you hereby acknowledge was given by you) to pay for all membership fees to the Site at the then current standard membership rate. You further authorize us to charge your credit card for any and all purchases of products, services and entertainment available through, at, in or on, or provided by, the Site. You agree to be personally liable for all charges incurred by you during or through the use of the Rjenda Services. Your liability for such charges shall continue after termination of your membership.
Payment for the Rjenda Services may be made by check, automatic credit card debit and you hereby authorize Rjenda and its agents to transact such payments on your behalf.
Unless and until you notify us that you wish to cancel or terminated your membership to the Site, you hereby agree and authorize Rjenda or its designated agent or assignee to automatically renew your membership to the Site on a continuing basis and to charge your credit card (or other approved facility) to pay for the ongoing cost of your membership. You hereby further authorize Rjenda or its designated agent or assignee to charge your credit card (or other approved facility) for any and all purchases of products, services and entertainment provided to you by or though the Site.
You further agree that as a Member, you must promptly inform us of any and all the following: loss or theft of the credit card used to pay for membership to the Site or other Rjenda Services; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding your membership, such as loss, theft, unauthorized disclosure or use of a User ID; and all other changes pertaining to your credit card account used to pay for services pursuant to this Agreement which may affect our ability to expeditiously obtain payments due to Rjenda. You agree that you will remain liable for any unauthorized use of the Rjenda Services, until you have notified us by contacting us at www.rjenda.com/jsp/contactus.jsp.
You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from the Site or any fraudulent reporting of an unauthorized charge to the Site on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to the Site remains outstanding at the time of such fraudulent reporting, you shall be liable to Rjenda for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
You further acknowledge and agree that you will remain liable to Rjenda for any unauthorized use of the Rjenda Services associated with your membership
You may not use any
computerized or automatic mechanism, including without limitation,
any web scraper, offline reader, spider or robot, to access, extract
or download any Content from the Rjenda Services, unless you are
expressly authorized to do so by us. You agree not to use or launch
any automated system that accesses the Site in a manner that sends
more request messages to our servers in a given period of time than a
person can reasonably create in the same period by using a
conventional on-line web browser. Notwithstanding the foregoing, we
grantthe operators of public search engines permission to use spiders
to copy materials from the site for the sole purpose of creating
publicly available searchable indices of the materials, but not
caches or archives of such materials. We reserve the right to revoke
these exceptions either generally or in specific cases. You agree not
to collect or harvest any personally identifiable information,
including account names, from the Site, nor to use the communication
systems provided by the Site for any commercial solicitation
purposes. You agree not to solicit, for commercial purposes, any
users of the Site with respect to their User Submissions. As an
express condition of your use of the Rjenda Services, you warrant to
us that you will not use Rjenda Services for any unlawful purpose or
purpose prohibited by this Agreement. If you violate any part of this
Agreement, your permission to use the Content automatically
terminates and you must immediately destroy any copies you have made
of any of the Content. We make no representation that any Content is
legal or appropriate for use outside of the United States or that it
is authorized for export from the United States or for import into
any other country. You are solely responsible for complying with all
import and export laws and regulations and all applicable laws of any
jurisdiction inside and outside of the United States from which you
may access Rjenda Services.
Our Content is protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights to its Content and Rjenda Services. We require users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other users. On notice, we will act expeditiously to remove content on the Rjenda Services that infringes the copyright rights of others and will disable the access to Rjenda Services, this Site and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others. Specific procedures to notify us about copyright infringement can be found in this Agreement which describes our Notice and Procedure for Making Claims of Copyright Infringement.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications ("marks") on or of Rjenda Services, including, without limitation, "CLUBSQUARE.COM, INC," and “Rjenda.com” are the intellectual property of, and proprietary to CLUBSQUARE.COM, INC., its affiliates, its or their Advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without our express prior written consent.
5. GROUPS, FORUMS, POSTINGS
Rjenda Services contains forum services, web communities and other message and communication facilities ("Groups") that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other users and/or with us and these are referred to in this Agreement as a "Post" or "Posting." Rjenda Services may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any submissions. We reserve the right at all times, but does not have the obligation to edit, refuse to post, or to remove any Posting, in whole or part, that we deem inappropriate for inclusion in the Groups, for any reason or for no reason. We may delete any Content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. We assume no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor Rjenda Services, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Groups are public and not private and you should assume your Postings will be read by others, with or without your knowledge or permission. Although a particular Group may have a policy of limited membership or access, we shall have no liability if unauthorized persons nevertheless obtain access to the Group. Your use of the Groups is at your own risk and you should not disclose or make available your personal information in any Posting or in any Group. Remember that once you have uploaded your Posting, you will not be able to remove it. Your Posting will become public and some cases permanent.
We do not endorse and has no control over the Content and we expressly disclaim any and all liability in connection with User Submissions. You understand that when using Rjenda Services, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You use the Groups solely at your own risk, you are solely responsible for the Content that you post on or through any of Rjenda Services, and any material or information that you transmit to other Members and for your interactions with other Users. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, our owners and Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. We neither endorse nor control user Postings available, delivered or displayed in the Groups and we assume no duty to monitor or endorse Postings within the Groups, nor do we represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of this Agreement and you should never rely upon any Posting as being true, accurate or reliable.
You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not us or Rjenda Services, are entirely responsible for the consequences of all your Postings on the Groups or otherwise on Rjenda Services. Postings do not reflect our views or any Affiliates. In no event shall we or any Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Groups and Rjenda Services; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on Rjenda Services, this Site and/or the Groups. You retain all of your ownership rights in your User Submissions. If a Posting originates from you or your User ID, you hereby agree that:
(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant us and our affiliates the right to use such Posting as described above; and
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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
(vi) 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.
To contact our designated Copyright Agent, please see the Notice and Procedure for Making Claims of Copyright Infringement in this document. The amount of storage space on Rjenda Services per user is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. We permit you to link to materials on the Site for personal, non-commercial purposes only.
You are solely responsible for your interactions with other Rjenda Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
6. CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS
If you believe Rjenda Services contains elements that infringe your copyrights in your work, please go directly to our Notice and Procedure for Making Claims of Copyright Infringement and follow the procedures described.
If you believe that any Content on Rjenda Services (including, without limitation, any Posting) violates any of the terms or conditions of this Agreement, please contact us at www.rjenda.com/jsp/contactus.jsp. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners ("Advertisers") as a result of or in connection with your use of Rjenda Services or a hyperlinked site. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). We will not be a party to or is in no way responsible for monitoring any transaction between you and an Advertiser. You should use your best judgment and exercise caution where appropriate.
8. RULES OF CONDUCT
Your use of Rjenda Services is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. The following is a partial list of the kind of Content and activity that is illegal or prohibited to post on or through the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from Rjenda Services and terminating the accounts of such violators; and/or reporting you to law enforcement authorities. Prohibited Content and/or activity include, but are not limited to Content and/or activity that, in our sole discretion are itemized below. You shall not use, allow, or enable others to use Rjenda Services, or knowingly condone use of Rjenda Services by others, in any manner that is, attempts to, or is likely to:
1) be libelous, patently offensive, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, sexually suggestive or sexually or violently exploitative, racially, culturally, or ethnically offensive, harmful, harassing or advocating harassment of another person, promoting bigotry, hatred or physical harm of any kind against any group or individual, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
2) submit any Content that contains nudity, violence, or is of an offensive subject matter;
3) affect us adversely or reflect negatively on us, Rjenda Services, this Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of Rjenda Services, or from advertising, linking or becoming a supplier to us in connection with the Rjenda Services;
4) further or promote any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
5) promote information that you know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
7) promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
8) use the Services in a manner inconsistent with any and all applicable laws and regulations;
9) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages and/or mass mailings, instant messaging, or so-called "spamming," “spimming,” and "phishing";
10) be used for commercial or business purposes without prior written consent, including, without limitation, advertising, marketing, contests, sweepstakes, barter, advertising, pyramid schemes or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages, advertising to, or solicitation of, any User to buy or sell any products or services through Rjenda Services. It is also a violation of these rules to use any information obtained from Rjenda Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Members from such advertising or solicitation;
11) You may not transmit any chain letters or junk email to other Users. We reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through Rjenda Services, you acknowledge that you will have caused substantial harm to us, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay us $50.00 for each such unsolicited email or other unsolicited communication you send through Rjenda Services;
12) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
13) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
14) forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
15) cover or obscure the banner advertisements on your personal profile page, or any Rjenda Services’ page via HTML/CSS or any other means;
16) any automated use of the system, such as using scripts to add friends;
17) sell or otherwise transfer your profile;
18) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; no Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law;
19) gain unauthorized access to Rjenda Services, other users' accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to Rjenda Services or to use Rjenda Services in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
20) use the account, username, or password of another User at any time or disclose your password to any third party or permit any third party to access your account; or attempt to impersonate another User or person;
21) solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; or solicit personal information from anyone under 18;
22) include a photograph or image of another person that you have posted without that person's consent;
23) provide any telephone numbers, street addresses, last names, URLs or email addresses;
24) contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
25) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of Rjenda Services or the rights or use and enjoyment of Rjenda Services by any other person, firm or enterprise; or
26) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of Rjenda Services, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
10. HYPERLINKS TO THIRD PARTY SITES
11. TERMINATION OF YOUR REGISTRATION
You may terminate your registration, at any time and for any reason, by contacting us at www.rjenda.com/jsp/contactus.jsp with your username, e-mail address and requesting termination of your registration. We will use commercially reasonable efforts to promptly remove your registration from the Rjenda Services and the Site. We may terminate your use of and registration on Rjenda Services and this Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
12. DISCLAIMER AND LIMITATIONS OF LIABILITY
FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE
AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN ADDITION, WE MAKE AND PROVIDE NO GUARANTY OR
ASSURANCE RJENDA SERVICES OR ANY CONTENT WILL OPERATE WITHOUT
INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS,
CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT
ANY PARTICULAR TIME OR TIMES. WITHOUT LIMITING THE FOREGOING, WE ARE
NOT RESPONSIBLE OR LIABLE FOR 1) MALICIOUS CODE, DELAYS,
INACCURACIES, ERRORS, OMISSIONS, MISTAKES OR OMISSIONS ARISING OUT OF
YOUR USE OF RJENDA SERVICES OR ANY SITES LINKED TO RJENDA SERVICES 2)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN 3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
OUR SITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR 5) THE
DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, FRAUDULENT, OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE
THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING RJENDA SERVICES AND
THE FEATURES AND FUNTIONS OF AND/OR ASSOCIATED WITH RJENDA SERVICES.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE, OUR AFFILIATES, OR WE OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF CLUBSQUARE SERVICES OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have us, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the services involved and to terminate and discontinue your registration and use of Rjenda Services. You further understand and acknowledge the capacity of Rjenda Services, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of Rjenda Services for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
We reserve the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
14. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement and your use of Rjenda Services shall be governed by, construed and enforced in accordance with the substantive laws of the State of California applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of California and County of Marin and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that we have the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF RJENDA SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITEF MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Copyright © 2008 CLUBSQUARE.COM, INC. - All Rights Reserved.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on Rjenda Services should be sent ONLY to our Designated Agent. NOTE: The following information is provided solely for notifying the service providers referenced below that your Copyrighted material may have been infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent: Service Provider(s): CLUBSQUARE.COM, INC.
Name of Agent Designated to Receive Notification of Claimed Infringement: Daniel A. Pepper, Esq. Full Address of Designated Agent to Which Notification Should be Sent: Pepper Law Group, LLC, 21 E. High Street, Suite D, Somerville, NJ 08876
Telephone Number of Designated Agent: (908) 698-0330
Facsimile Number of Designated Agent: (908) 248-9220
E-mail Address of Designated Agent: email@example.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Webmaster at www.rjenda.com/jsp/contactus.jsp. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) 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 the copyright owner's behalf.