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TERMS
OF USE AGREEMENT
This Terms of Use
Agreement (the “Agreement”) between We Like To Help, LLC (the
“Company,” “we” or “us”) and you sets forth the terms and conditions
which govern your use of ILoveToCheat.net.
BY ACCESSING OR
USING ILOVETOCHEAT.NET, YOU
AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY
THIS AGREEMENT, YOU MAY NOT ACCESS OR USE ILOVETOCHEAT.NET AND YOU
SHOULD IMMEDIATELY LEAVE
THIS WEBSITE. THIS
AGREEMENT WILL APPLY TO EVERY ACCESS TO WWW.ILOVETOCHEAT.NET. THE
COMPANY RESERVES THE RIGHT TO
REVISE THIS AGREEMENT AT ANY TIME, WITHOUT NOTICE, AT ITS SOLE
DISCRETION BY PUBLISHING A REVISED VERSION OF THIS AGREEMENT ON THIS
WEBSITE. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE YOU
ARE AWARE OF ANY REVISIONS. YOUR CONTINUED ACCESS OR USE OF THIS
WEBSITE FOLLOWING THE DATE OF PUBLICATION SHALL BE DEEMED
YOUR CONCLUSIVE ACCEPTANCE OF SUCH REVISIONS. EACH ACCESS OF
INFORMATION FROM WWW.ILOVETOCHEAT.NET
WILL BE A SEPARATE, DISCRETE
TRANSACTION BASED ON THE THEN
PREVAILING TERMS.
You should also
review our Privacy
Policy
which also governs
your visit to this website and which is incorporated into
this Agreement by this reference.
1.
Use of This Website
ILoveToCheat.net is
not designed for or directed to children under the age of
13. It is the Company’s policy to comply with the Children’s Online
Privacy Protection Act of 1998 ("COPPA") and all other applicable laws.
Therefore
we restrict this website to individuals eighteen years or older.
IF YOU ARE
UNDER
EIGHTEEN YEARS OF AGE, YOU MUST LEAVE THIS SITE IMMEDIATELY. NO
INDIVIDUAL UNDER EIGHTEEN IS PERMITTED TO ACCESS OR USE THIS WEBSITE
FOR ANY REASON. DUE TO THE FACT THAT THE USE OF ILOVETOCHEAT.NET IS
RESTRICTED TO INDIVIDUALS EIGHTEEN YEARS OF
AGE OR OLDER, WE DO NOT COLLECT ANY INFORMATION FALLING WITHIN COPPA
AND WE DO NOT MONITOR ILOVETOCHEAT.NET FOR THE COLLECTION
OF SUCH
INFORMATION.
The Company and its
affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion
without prior notice.
2.
Restrictions on Use of Website and Content
You may not use this
website for any purpose not expressly permitted by the Company.
All materials
included on this website, such as text, graphics, databases, HTML code,
logos, button icons, images, audio clips, digital downloads, software,
and other intellectual property (collectively, the “Content”) are
copyrighted and all rights are reserved. Such materials are the
property of the Company or its content suppliers and are protected by
copyrights, patents, trademarks, trade secrets and/or other proprietary
rights, and these rights are valid and protected in all forms, media
and technologies existing now or hereafter developed. All Content is
copyrighted under the United States copyright laws and international
copyright laws. All
software used on this site is the property of the Company or its
software suppliers and is protected by United States and international
copyright laws. All brand names, product names and other trademarks
that appear on this website are trade names, service marks, trademarks,
or registered trademarks of their respective owners. You may not copy,
modify, publish, republish, transmit, distribute, perform, reengineer,
translate, host, upload, post, or participate in the transfer or sale,
create derivative works of, or in any way or by any means exploit, any
of the Content, in whole or in part, without the express written
consent of the Company or unless authorized in writing elsewhere on
this website. You may not use this website for any commercial
purpose without the Company’s express prior written consent. You agree
not to frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page
layout, or form) of the Company or any of our content suppliers or our
affiliates without express
written consent. You may not use any meta tags or any other "hidden
text" utilizing the Company’s name, the I Love
to Cheat or ILoveToCheat.net name or any of the Company’s or any
content
supplier's trademarks without
the express written consent of the Company or the content supplier, as
the case may be. You agree not to change or
delete any proprietary notices from the Content downloaded from
this website. Modification or use of the Content except as
expressly provided in the Agreement violates the Company’s or the
content suppliers' intellectual
property rights. Neither title nor intellectual property rights are
transferred to you by access to this website. You are granted a
limited, revocable, and nonexclusive right to create a hyperlink to the
home page of ILoveToCheat.net so long as the link does not portray
the Company, ILoveToCheat.net, its content suppliers, its
affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive
manner. You may not use any Company logo or other proprietary graphic
or trademark as part of the link without express written permission.
3.
Prohibited Activities
You are responsible
for your communications and your use of ILoveToCheat.net. In
connection with your use of this website, you acknowledge and
agree that you will not, under any circumstances, do any of the
following:
a.
harm minors in any way;
b.
use simultaneous, unattended or continuous connections to
ILoveToCheat.net with one account or access this website
by any means other than through the standard industry-accepted
interfaces;
c.
upload, post, email, transmit or otherwise make available to this
website any message, information, data,
text, software, program or image, or other content or material that is
false, inaccurate, unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, indecent, vulgar, obscene, pornographic, racist,
offensive, libelous, or ethnically or otherwise objectionable (in our
sole discretion) which may violate the legal rights (including rights
of privacy and publicity) of others;
d.
“stalk” or otherwise harass another user or employee or any other
person affiliated with this website;
e.
impersonate any person or entity, including, but not limited to, a
member, director, officer, employee, shareholder, agent, or
representative of the Company, our content suppliers, our affiliates,
any other person or
entity, or falsely state or otherwise misrepresent your affiliation
with such a person or entity;
f.
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any materials transmitted to or through this website;
g.
intercept or attempt to
intercept email or other private communications not intended for you;
h.
register, subscribe, attempt
to register, attempt to subscribe, unsubscribe, or attempt to
unsubscribe, any party for any product or service offered on this
website or in any way
use another party’s personal information if you are not expressly
authorized by such party to do so;
i.
alter, remove, falsify, or delete any author attributions, legal
notices or other proprietary designations or labels of origin or
source of any other content appearing on this website or contained in a
file that you upload to this website;
j.
delete or revise any material posted by any other person or entity;
k.
upload, post, email, transmit or otherwise make available to this
website any material that advocates illegal activity or discusses an
intent to commit an illegal act;
l.
upload, post, email,
transmit or otherwise make available to this website any material that
infringes upon any patent, trademark, service mark, trade secret,
copyright, right of privacy or publicity or other proprietary rights of
any party;
m.
upload, post, email, transmit or otherwise make available to this
website any material that solicits funds, advertisers, or sponsors;
n.
upload, post, email, transmit or otherwise make available to this
website any unsolicited or unauthorized advertising, promotional
materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or
any other form of unsolicited message or solicitation or commercial
activity or endeavor except as may be specifically authorized on this
website;
o.
copy, reverse engineer, reverse assemble, otherwise attempt to discover
the source code, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer or sell any
information, software, products or services obtained through this
website;
p.
upload, post, email, transmit or otherwise make available to this
website any material that contains viruses, worms, Trojan horses,
corrupted data, or any other similar software or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
q.
use this website in a manner that adversely affects the availability of
its resources to other users or causes repeated disruptive incidents;
r.
disrupt the normal flow of dialogue, cause a screen to “scroll” faster
than other users are able to type, or otherwise act in a way which
affects the ability of other people to engage in real time activities
via this website;
s.
manipulate or otherwise display this website by using framing or
similar navigational technology;
t.
intentionally or unintentionally violate any applicable local, state,
national or international law including, but not limited to, any
regulations having the force of law;
u.
use this website for any purpose that is unlawful or prohibited by
these terms and conditions. You may not use this website in any manner
that could damage, disable, overburden or impair this website or
servers or networks connected to this website or disobey any
requirements, procedures, policies or regulations of networks connected
to the website. Furthermore, you may not attempt to gain unauthorized
access to this website or any of the accounts, computer systems or
networks connected to the Company through hacking, password mining or
any other means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available
through this website. You may not collect or store personal
data about other users of this website;
v.
violate or attempt to violate the security of this website or servers
or networks connected to this website, use or distribute tools designed
to compromise security (including, but not limited to, cracking tools,
banner blockers, network probing tools, and password or credit card
probes and decryption devices, and other guessing programs) of any
computer system or network, transfer excessive amounts of data through
this website or servers or networks connected to this website, or
resell any aspect of this website.
Statements made on ILoveToCheat.net, including in public areas such
as message boards, chat areas, and blogs, reflect only the views of
their authors and their views do not necessarily reflect those of
the Company.
The Company expressly disclaims all responsibility
and endorsement and make no representation as to the validity of any
opinion, advice, information or statement made or displayed in public
areas such as message boards, chat areas, and blogs by third parties,
nor is the Company responsible for any errors or
omissions in such postings, or for hyperlinks embedded in any messages.
Under no circumstances will the Company or its members, officers,
directors, employees, affiliates, agents,
contractors, licensors, content providers, or suppliers be liable for
any loss or damage caused by your reliance on information obtained
through these public areas such as message boards, chat areas, and
blogs.
Although under no
obligation to do so, the Company reserves the right to monitor use of
this website to determine compliance with this Agreement and reserves
the right to refuse or remove any information for any reason.
Notwithstanding these rights, you remain solely responsible for the
content of your submissions. You expressly agree that neither the
Company nor any third party that provides Content to us will
assume or have any liability for any action or inaction by the Company
or such third party with respect to any submission.
The company reserves
the right to, and you expressly agree that the Company may, take steps
the Company believes are reasonably necessary or appropriate to enforce
and/or verify compliance with any part of this Agreement (including but
not limited to the Company's right to cooperate with any legal process
relating to your use of this website, products and/or
services offered on this website, and/or a third party claim that your
use of this
website or products and/or services offered on this website is unlawful
and/or infringes such
third party's rights). You agree that the Company has the right,
without liability to you, to disclose your identity or any of your
account or user or other information to law enforcement authorities,
government officials, and/or a third party, as the Company believes is
reasonably necessary or appropriate to enforce and/or verify compliance
with any part of this Agreement (including but not limited to the
Company's right to cooperate with any legal process relating to your
use of this website, products and/or services offered on this website,
and/or a third
party claim that your use of this website or products and/or
services offered on this website is unlawful and/or infringes such
third party's rights).
4.
Billing Transactions and Policies
Certain products or
services may be offered for sale on this website. In the
event you wish to purchase or to subscribe to any of these products or
services, you will be asked by the Company or an authorized third party
to supply certain information, including, but not limited to, your full
name, address, telephone number and credit card information. You agree
to provide to the Company or such third party the foregoing information
as well as any other mandatory information that is accurate, complete
and current, and to comply with the terms and conditions of any
agreement that you may enter into governing your purchase of the
product or service. You shall be responsible for all charges incurred
through your account as well as for paying any applicable taxes.
Your use of this
website includes the ability to enter into agreements and/or
to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC
SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO
PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE
BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL
TRANSACTIONS YOU ENTER INTO ON THIS WEBSITE, INCLUDING NOTICES OF
CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
If you supply to the
Company or an authorized third party another individual’s or other
entity’s information for billing, reward or other purposes, you
represent and warrant to the Company that you have the express
permission from such other individual or entity to supply such
information to the Company and enter into the billing or other
transaction.
All items purchased
from the Company are made pursuant to a shipment contract. This means
that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
The Company and its
affiliates attempt to be as accurate as possible. However, the Company
does not warrant that product descriptions or other content of this
site is accurate, complete, reliable, current, or error-free. If a
product offered by the Company itself is not as described, your sole
remedy is to return it in unused condition.
5.
Submissions
By sending,
transmitting, or communicating to the Company creative suggestions,
ideas, testimonials, notes, concepts, information, or other materials
(collectively, “Submission Materials”) or by posting such Submission
Materials on ILoveToCheat.net, you agree to grant to the
Company and its designees a non-exclusive, worldwide, assignable,
royalty-free, irrevocable, perpetual license, with the right to use,
sublicense (through multiple tiers), reproduce, distribute (through
multiple tiers), transmit, create derivative works of, publicly display
and publicly perform, digitally perform, make, have made, sell, offer
for sale and import such Submission Materials (including, without
limitation, ideas contained therein for new or improved products or
services) by all means and in any media now known or hereafter
developed, in any form, for any purpose whatsoever, commercial or
otherwise, without compensation to you, the provider of the Submission
Materials. The foregoing license to the Company
shall be fully paid-up
and royalty free. In addition, under no circumstance shall the Company
have any obligation whatsoever to pay a fee to you in connection with
the Submission Materials upon the occurrence of a transfer of all or
any portion of the Company’s business through a merger, sale or
transfer of all or substantially all of the assets of the Company. You
hereby waive your moral rights in the Submission Materials and you
hereby warrant that the Submission Materials are original with you, or
that you have the right to submit the Submission Materials. You agree
that you shall have no recourse against the Company
for any alleged or
actual infringement or misappropriation of any proprietary right in
your communication with us.
None of the Submission Materials disclosed or posted via message
boards, chat areas, blogs, or other public forums shall be subject to
any obligation, whether of confidentiality, attribution, or otherwise,
on the Company's part and the Company shall not be liable for any use
or disclosure of
any such Submission Materials.
The Company will
treat any personal information that you submit through this website in
accordance with its Privacy
Policy as
set forth on
this website.
6.
Links, Marks, and Third Party Products and Services
This Agreement
applies only to ILoveToCheat.net and not to the websites of any
other person or entity. We may provide,
or third parties may provide, links to other worldwide websites or
resources. The linked sites are for your convenience only and you
access them at your own risk. We neither control nor endorse such
external websites or resources, nor has the Company reviewed or
approved the content which appears on such websites or resources. You
acknowledge and agree that we are not responsible for the availability
of such external websites or resources, and do not endorse (and are not
responsible or liable for) any content, advertising, products, or other
materials on or available from such websites or resources. You further
acknowledge and agree that, under no circumstances, will we be held
responsible or liable, directly or indirectly, for any loss or damage
that is caused or alleged to have been caused to you by or in
connection with your use of, or reliance on, any of the links, content,
advertisements, products, services or other resources available on any
other website (regardless of whether we directly or indirectly link to
such links, content, advertisements, products, services or other
resources). You should direct any concerns with respect to any other
website to that website's administrator or webmaster and you should
carefully review their privacy policies and other terms of use. You
expressly agree that your use of such links, external websites or
resources is at your own risk.
You may order
services, merchandise or other products through our website from other
parties (collectively, the "Third Party Vendors"). All matters
concerning the services, merchandise and other products from such Third
Party Vendors, including, but not limited to, purchase terms, payment
terms, representations, warranties, guarantees, maintenance and
delivery, are solely between you and the Third Party Vendors. We make
no warranties or representations whatsoever with regard to any
services, merchandise and other products provided by the Third Party
Vendors. You will not consider us (and we will not be construed as) a
party to such transactions, whether or not we may have received some
form of revenue or other remuneration in connection with such
transactions, and we will not be liable for any costs or damages
arising out of, either directly or indirectly, you or any other person
involved or related to the transactions.
Links to other
websites or references to specific products, services, publications,
companies, organizations, or authorities other than those of the
Company do not imply endorsement or approval of such websites,
products, services, publications, companies, organizations, or
authorities by the Company or its subsidiaries or affiliates, nor do
links to other websites or references to specific publications,
companies, organizations, or authorities imply that they endorse
ILoveToCheat.net, unless
expressly
stated otherwise.
Certain names,
graphics, logos, icons, designs, words, titles or phrases at this
website may constitute trade names, service marks, trademarks, or
registered trademarks of the Company or of other entities. The display
of trademarks on this website does not imply that a license of any kind
has been granted. Any unauthorized downloading, re-transmission, or
other copying or modification of trademarks and/or the contents herein
may be a violation of federal common law trademark and/or copyright
laws and could subject the copier to legal action.
All brand names and
product names used on this website are trade names, service marks,
trademarks, or registered trademarks of their respective owners.
7.
Rewards and Contests
The Company may
provide rewards and contests on this website or in newsletters. The
rules, regulations and procedures
governing any of the foregoing shall be described on the web page or in
the newsletter or shall be accessible through a hypertext link
prominently displayed on the web page or in the newsletter where the
reward or contest may be described or located. By entering or
participating in any reward or contest, you agree to be subject to the
rules, regulations and procedures governing such reward or contest.
Please remember to read the rules carefully before participating.
8.
Health Disclaimer
THIS WEBSITE
PROVIDES WEIGHT LOSS INFORMATION OR OTHER HEALTH INFORMATION FOR
EDUCATIONAL PURPOSES ONLY. IT IS
NOT A MEDICAL MANUAL AND IS NOT INTENDED AS A SUBSTITUTE FOR OR A
REPLACEMENT OF MEDICAL ADVICE OR ANY TREATMENT THAT MAY HAVE BEEN
PRESCRIBED BY YOUR PHYSICIAN. IF YOU SUSPECT THAT YOU HAVE A MEDICAL
PROBLEM, YOU SHOULD CONSULT A PHYSICIAN IMMEDIATELY.
THE COMPANY IS NOT A
MEDICAL ORGANIZATION AND THE COMPANY
CANNOT GIVE YOU MEDICAL ADVICE OR DIAGNOSIS. THE INFORMATION ON
THIS WEBSITE IS NOT INTENDED TO DIAGNOSE, MITIGATE,
TREAT, CURE, OR PREVENT DISEASE. CLAIMS MADE ON THIS WEBSITE HAVE NOT
BEEN EVALUATED BY THE FDA.
YOU ARE URGED AND
ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY WEIGHT
LOSS PLAN. WE ALSO URGE YOU TO GET PERIODIC
MEDICAL CHECKUPS. WEIGHT LOSS CAN CAUSE PHYSICAL CHANGES THAT SHOULD BE
MEDICALLY MONITORED. MEDICAL MONITORING IS ESPECIALLY IMPORTANT FOR
PEOPLE WITH A KNOWN MEDICAL CONDITION. THIS WEBSITE IS INTENDED FOR USE
ONLY BY HEALTHY ADULT INDIVIDUALS. THIS WEBSITE IS NOT INTENDED FOR USE
BY MINORS, PREGNANT WOMEN OR NURSING MOTHERS, OR INDIVIDUALS WITH ANY
TYPE OF HEALTH CONDITION. SUCH INDIVIDUALS ARE SPECIFICALLY WARNED TO
SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO BEGINNING ANY FORM OF WEIGHT
LOSS EFFORT OR REGIMEN.
WE DO NOT WANT
ANYONE TO LOSE WEIGHT WITHOUT MEDICAL SUPERVISION.
9.
Disclaimers of Warranties
THE PRODUCTS,
OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS,"
"AS AVAILABLE," AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND ALL OF OUR
AFFILIATES AND CONTENT PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE,
COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER THE COMPANY,
ANY OF OUR AFFILIATES OR CONTENT PROVIDERS, NOR ANY OF OUR OR THEIR
RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT
THAT THIS WEBSITE OR ANY
FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS WEBSITE OR THE
SERVERS THAT MAKE THIS WEBSITE AVAILABLE OR THAT EMAIL SENT FROM THE
COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT,
OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THIS WEBSITE IS DONE
AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER THE COMPANY,
ANY OF OUR AFFILIATES OR CONTENT PROVIDERS, NOR ANY OF OUR OR THEIR
RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NO ADVICE OR
INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE
SHALL CREATE ANY WARRANTY NOT
EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES, INFORMATION OR
MATERIALS PROVIDED ON OR
THROUGH THIS WEBSITE ARE AT YOUR
OWN RISK.
10.
Waiver, Release and Limitation of Liability
YOU AGREE THAT
NEITHER THE COMPANY NOR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, LICENSORS, CONTENT PROVIDERS OR
SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY
OR INDEMNITY IN CONNECTION WITH YOUR USE OF ILOVETOCHEAT.NET OR ANY
PRODUCTS OR SERVICES OFFERED ON OR THROUGH THIS WEBSITE. YOU HEREBY
RELEASE AND FOREVER
WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE COMPANY, ITS MEMBERS,
OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS,
LICENSORS, CONTENT PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU
SUSTAIN IN CONNECTION WITH YOUR USE OF ILOVETOCHEAT.NET OR PRODUCTS
OR SERVICES OFFERED ON OR THROUGH THIS WEBSITE. ALL OTHER DAMAGES,
DIRECT OR INDIRECT,
SPECIAL, INCIDENTAL, ACTUAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME,
PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR CLAIM, ARISING FROM
ANY USE OF THIS WEBSITE OR ANY PRODUCTS OR SERVICES OFFERED ON OR
THROUGH THIS WEBSITE ARE
HEREBY EXCLUDED EVEN IF THE COMPANY HAS BEEN NEGLIGENT OR THE COMPANY,
ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING THE FOREGOING, IN NO
EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY, ITS MEMBERS, OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSORS,
CONTENT PROVIDERS AND SUPPLIERS, IF ANY, TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING BUT
NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU,
IF ANY, FOR THE PARTICULAR PRODUCT, INFORMATION OR SERVICE PROVIDED OR
FOR ACCESSING THIS WEBSITE.
11.
Indemnification
YOU AGREE TO
INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND THE COMPANY AND OUR
SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICES
PROVIDERS, AND OUR AND THEIR MEMBERS, OFFICERS, DIRECTORS, PARTNERS,
EMPLOYEES, STOCKHOLDERS, AGENTS, CONTRACTORS AND REPRESENTATIVES FROM
ANY AND ALL THIRD PARTY CLAIMS, LOSSES, LIABILITY, DAMAGES, JUDGMENTS,
AWARDS, EXPENSES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS
FEES AND DISBURSEMENTS) ARISING DIRECTLY OR INDIRECTLY OUT OF OR FROM
YOUR IMPROPER USE OF THIS WEBSITE OR PRODUCTS OR SERVICES OFFERED ON OR
THROUGH THIS WEBSITE,
YOUR VIOLATION OF THIS AGREEMENT, OR YOUR INFRINGEMENT, OR THE
INFRINGEMENT OR USE BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY
INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR ANY
ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OR THE
INVESTIGATION OF LAW ENFORCEMENT AUTHORITIES OF A SUSPECTED VIOLATION
OF THIS AGREEMENT OR AS A RESULT OF INVESTIGATIONS BY EITHER THE
COMPANY OR LAW ENFORCEMENT AUTHORITIES OR THE COMPANY’S FINDING OR
DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS
THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE COMPANY, ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE
PROVIDERS, AND OUR AND THEIR MEMBERS, OFFICERS, DIRECTORS, PARTNERS,
EMPLOYEES, STOCKHOLDERS, AGENTS, CONTRACTORS AND REPRESENTATIVES AS A
RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY PURCHASE
ORDER, INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE
YOUR ACCESS TO THIS WEBSITE, OR
TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION
OR AS A RESULT OF THE COMPANY’S CONCLUSION (AT OUR SOLE DISCRETION)
THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS INDEMNIFICATION
PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR COMTEMPLATED BY
THIS AGREEMENT. THIS INDEMNIFICATION PROVISION SHALL SURVIVE IN THE
EVENT THIS AGREEMENT IS TERMINATED FOR ANY REASON.
12.
Jurisdictional Issues
The Company makes no
representation or warranty that the Content, materials, products and/or
services on this website are
appropriate or available for use in locations outside the United States
of America. Those who choose to access this website or use
the content, materials, products and/or services from other locations
do so on their own initiative and at their own risk, and are
responsible for compliance with local laws, if and to the extent
applicable. The Company reserves the right, at any time in our sole
discretion, to limit the availability and accessibility of this website
and its content, materials, products
and/or services to any person, geographic area, or jurisdiction we so
desire, and to limit the quantities of any service or products that we
provide.
13.
Governing Law and Other General Information
This Agreement constitutes the entire agreement between you and the
Company and governs your use of this website and the products and
services offered on or through this website, superseding any prior
agreements between you and the Company.
You expressly agree that this Agreement and the use of this
website and any dispute of any sort that might arise between you and
the Company or its affiliates or licensors shall be governed and
interpreted in
accordance with the laws of the Commonwealth of Pennsylvania, without
regard to its conflict of laws provision. Failure by the Company to
insist upon or enforce the strict performance of any provision of this
Agreement or to exercise any right under this Agreement shall not be
construed as a waiver or relinquishment to any extent of the Company’s
right to assert or rely upon such provision or right in that or any
other instance; rather, the same will be and remain in full force and
effect. Neither the course of conduct between you and the Company nor
trade practice shall act to modify any provision of this Agreement. If
any provision of this Agreement is unlawful, void or unenforceable in
whole or in part, that provision will be deemed severable and will not
affect the validity and enforceability of any remaining provisions. The
section titles in this Agreement are for convenience purposes only and
have no legal or contractual effect. The Company may assign its rights
and duties under this Agreement to any party at any time without notice
to you. Notwithstanding the foregoing, any additional terms and
conditions on this website will govern the items to which they pertain.
14.
Disputes
You expressly agree
that any dispute relating in any way to your visit to ILoveToCheat.net
or to any
products or services you purchase through ILoveToCheat.net shall be
submitted to confidential
arbitration in Allegheny County, Pennsylvania except that, to the
extent you have in any manner violated or threatened to violate the
intellectual property rights of the Company or its content providers or
licensors, the Company may seek
injunctive or other appropriate relief in any state or federal court in
the Commonwealth of Pennsylvania, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under the Agreement
shall be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be binding and
may be entered as a judgment in any court of competent jurisdiction. To
the fullest extent permitted by applicable law, no arbitration under
the Agreement shall be joined to an arbitration involving any other
party subject to the Agreement, whether through class arbitration
proceedings or otherwise.
15.
Notice
The Company may
deliver notice to you under this Agreement by means of
electronic mail, a general notice on ILoveToCheat.net or by written
communication delivered by first class U.S. mail to your address on
record in the Company’s account information for you.
You agree that all
agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing and you expressly
agree to receive such communications from us electronically.
16.
Our Address
We Like
To Help, LLC
P.O. Box
18382
Pittsburgh,
PA 15236
http://www.ILoveToCheat.net
Last
Updated: October 2007
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We
Like To Help, LLC
P.O.
Box 18382, Pittsburgh, PA 15236
412-881-3243
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Us
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