As a condition to your entering and viewing this Web site, located at http://www.saranokelley.com, or as otherwise located from time to time (hereinafter the " Site"), you agree to the terms and conditions of this Acceptable Use Policy (the "Policy"). If you do not agree with this Policy, you do not have permission to use the Site.
This Site is owned and operated by and for TCE ASSOCIATES, LLC, a California limited liability company ("TCE"). "You" are the person or entity using the Site, ordering or using applications or services described in the Site or on the registration form. "TCE Parties" includes TCE, its affiliates, principals, employees, consultants, services providers and business partners.
TCE reserves the right, at its discretion, to change, modify, add, or remove portions of the terms of this Policy at any time. Notification of changes to these terms will be posted on the Site or sent via e-mail, and you are encouraged to check the current Policy each time you use the Site. If any future changes to this Policy are unacceptable to you, you must discontinue use of the Site. Your continued use of this Site after you click the acceptance button below indicates you agree to the terms of the most current version of this Policy, as amended from time-to-time.
If you are a registered subscriber to the Site and have entered into the Sarano Kelley's The Game Registration Form (the "Registration Form"), you acknowledge and agree that the terms and conditions of this Policy are incorporated into the Registration Form. A breach of the Registration Form shall be deemed a breach of this Policy, and vice versa.
Certain areas of the Site are generally accessible to the public. You may access only the restricted portions of the Site which have been properly subscribed to, in accordance with the Registration Form.
This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved by TCE Parties. TCE Parties reserve the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in this Policy.
You represent and warrant for the benefit of TCE Parties that you possess the legal right and ability to enter into and be bound to this Policy.
In consideration of your use of the Site, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration process, provided that in connection with registration, you do not need to use your full or true name for your username. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness.
Access to restricted areas of the Site is password protected, and you may not make your password available to others, or use the passwords of others, to gain access to the Site. Account sharing is strictly prohibited. Accounts which have been transferred to other parties, or which show activity in violation of this condition, may be terminated without notice. If you think you have compromised your password, you must contact TCE immediately, in order to cancel and issue a new password. You agree that you are solely liable for all actions taken using your password, whether or not made with your knowledge or authority.
For purposes of this Policy, "Materials" shall mean all text, data, software, audio, video, artwork, graphics, messages and other materials of any nature.
You acknowledge that this Site does not provide individualized counseling or consulting services. This Site solely provides generally applicable opinions and strategies in the form of Materials provided by TCE Parties; services, products, advertising, newsletters and other information provided from time-to-time; an online venue and software tools for parties to establish calendars, journals and record personal and professional goals; and messaging capabilities and interactive forums for subscribers to communicate with each other (all of the foregoing, collectively the "TCE Materials").
You understand and agree that TCE Parties: (i) are not acting as your agent, counselor or advisor; (ii) are not a party to any communications between you and other Site visitors, whether or not conducted through the Site; (iii) have no control over the reliability or accuracy of information or services provided by other parties accessible on or through the Site; and (iv) assumes no responsibility or liability for actions or inactions as a result of your use of the Site.
TCE DOES NOT PROVIDE ANY LEGAL, BUSINESS OR FINANCIAL ADVICE, AND YOU ARE SOLELY RESPONSIBLE TO ASSESS THE LEGALITY, FINANCIAL SOUNDNESS, OR OTHER RISKS AND OBLIGATIONS BASED ON YOUR USE OF THE SITE, ACTS OR OMISSIONS.
You understand that all Materials, as well as feedback, data, comments, suggestions and other information that are transmitted to or via the Site by you or any other Site visitors (collectively "Subscriber Materials") are the sole responsibility of the person from whom the Subscriber Materials originated. This means you and other Site visitors, and not TCE Parties, are entirely responsible for the Member Materials transmitted through the Site.
TCE makes no representations that the Site is appropriate, legal or available for use from locations outside the United States and Canada. If you choose to access this Site from outside the U.S. or Canada, you do so at your own risk and you are responsible for continued compliance with all applicable laws, rules and regulations.
The TCE Materials, software, code and scripts are the sole property of TCE, or its licensors, and are protected by copyright, trademark, patent, trade secret and other intellectual property rights. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any TCE Materials available on or through this Site. You agree not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, code, scripts or other proprietary information used or accessible on or through the Site. All right, title and interest in the trade dress, selection, coordination, arrangement and enhancement of the Site, including the TCE Materials, are specifically reserved to TCE or its licensors. Permission is granted to electronically copy and print hard copies of pages from the Site solely for personal non-commercial purposes, and any such copies must bear the copyright notice included on the applicable Web page.
You may not "deep link" or frame any pages on the Site. You may not use the trademarks associated with the Site for any purpose without prior written permission of TCE, including, but not limited to, use as metatags in other Web site pages.
If you believe your works have been copied and made accessible on this Site in any way that constitutes an infringement of copyright or other intellectual property rights, please promptly contact TCE in writing at the address provided below.
You represent and warrant for the benefit of TCE Parties that all Subscriber Materials submitted by you to the Site are true and accurate, and do not infringe any third party rights, such as copyright, trademark, publicity or privacy rights.
Your use of chat rooms, bulletin boards, interactive forums and similar areas available on the Site are considered "Community Areas" and are subject to this Policy. TCE does not claim ownership in Subscriber Materials you submit. However, by submitting Subscriber Materials in any form to the Community Areas or by e-mail or correspondence to any of the TCE Parties (unless you mark it "Private and Confidential" or the like), you hereby grant to TCE a worldwide, royalty-free, perpetual and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display any such items in any form, media or technology now known or later developed. By submitting Subscriber Materials to the Site you irrevocably waive, and transfer and assign to TCE, any copyrights, "moral rights" or any other rights you may claim therein, in any form and media.
Provided, however, our license rights do not extend to (a) information that you post outside Community Areas, such as in your calendar entries, journals, or points maintained through the Site or (b) one-way messaging between you and other subscribers to the Site. Click here for information about our PRIVACY POLICY.
You agree you shall not disclose on or through the Site any confidential information of third parties. This includes, without limitation, information which may violate policies (such as policies of your employer) and laws (such as securities, privacy or publicity laws). For example, you cannot use the Site to tout stock based on insider information, disclose protected information, or share personal information about others.
You agree, represent and covenant you will not, nor shall you permit others under your control to, violate any terms or conditions of this Policy, or otherwise do any of the following:
a. access or use this Site or services in any manner that violates any laws, rules or regulations (collectively "Laws");
b. copy, sell, rent, lease, license, sublicense, time-share, transfer, or otherwise assign to any party any of the services or any of your rights to access and view the Site;
c. tamper or otherwise interfere with the operation of the Site in any manner;
d. breach or attempt to breach the security of the software, network, servers, data or computers relating to the Site or that used by any other party that is affiliated with the Site, or otherwise compromise the privacy of any Subscriber's data maintained through the Site;
e. use or distribute on the Site any software or other tools or devices designed to violate this Policy or Laws;
f. engage in spamming, mailbombing, spoofing or any other fraudulent, illegal or unauthorized use of the Site;
g. publish through the Site any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would violate the rights of any party or violate any Laws;
h. solicit funds, advertise commercial products or services, or promote giveaways, drawings, contests or prizes on the Site;
i. circumvent the payment of fees due to TCE or use any systems or techniques, or engage in any activities or practices, that may interfere with TCE's interest in any such fees; or
j. engage in activities that we reasonably determine to be harmful to the operations, customers or goodwill of the TCE Parties.
You understand and agree that as a condition to permitting you to access and use the Site, TCE Parties reserve the right in their sole discretion, but assume no obligation, to monitor, filter, restrict, block or remove any Subscriber Materials supplied, posted or otherwise made available on or through any part of the Site (whether private areas, such as calendars and online journals, or in Community Areas), based on any TCE Party's legitimate business purpose, including, without limitation, for purposes of complying with applicable Laws or in the event of a suspected violation of this Policy.
In order to enforce this Policy, such as in the event of any breach or threatened breach of this Policy, violations of applicable Laws or infringement of intellectual property rights (in the reasonable opinion of TCE), TCE Parties may suspend and/or terminate without notice, in whole or in part, your access to the Site. Furthermore, recognizing that damages alone may be insufficient to protect and compensate TCE Parties for any such breach or threatened breach, you understand and agree that TCE Parties shall be entitled to seek and receive preliminary and permanent injunctive relief (without posting bond) and other equitable and legal remedies against you relating to the enforcement of this Policy.
After termination of your Registration Form for any reason, we reserve the right to delete your Subscriber Materials, including Materials posted in your online journals. You agree that TCE has no liability or responsibility for the storage or deletion of any Subscriber Materials. If your Registration Form has terminated other than as a result of your breach of this Policy or the Registration Form, you may request a copy of your Subscriber Materials within ten (10) days after termination, and we will attempt to accommodate you.
This Site may contain links that will let you access other Web sites. TCE is not responsible for the availability of these other Web sites, nor does TCE endorse the Materials, advertising, products, services or other information made available on or through other Web sites. TCE makes no representation and assumes no liability for any materials, products or services that may be accessed on other Web sites, even if accessed through this Site.
TCE prohibits unauthorized links to this Site and the framing of any information contained on this Site. TCE reserves the right to disable any unauthorized links or frames. TCE has no responsibility or liability for any material on other Web sites that may contain links to this Site.
THE SITE AND SERVICES PROVIDED BY TCE, INCLUDING, WITHOUT LIMITATION, ALL TCE MATERIALS, SUBSCRIBER MATERIALS, SOFTWARE, CODE, SCRIPTS, DATABASES AND SERVICES AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TCE PARTIES DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ACCESS TO THE SITE MAY BE UNAVAILABLE AT ANY TIME DUE TO INTERNET-RELATED, TECHNICAL OR TELECOMMUNICATIONS PROBLEMS.
TCE's objective is to make the Site accessible twenty-four (24) hours per day, seven (7) days per week, but TCE may interrupt, limit or suspend the Site operations, or any part thereof, at any time for purposes of performing maintenance and upgrades, addressing technical problems, and complying with applicable Laws. In addition, TCE has the right to suspend, change, add, remove or discontinue any services or any feature of the Site or services at any time and for any reason; TCE will make reasonable efforts to post notices on the Site in advance of material changes to the Site or services. You agree that TCE will not be liable to you or to any other party for any such suspension, change, addition, removal or discontinuance of the Site or services.
UNDER NO CIRCUMSTANCES SHALL TCE PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE, THIS SITE, EVEN IF ANY TCE PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITIES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. THE AGGREGATE LIABILITY OF TCE PARTIES FOR ALL CLAIMS ARISING FROM ACCESS OR USE OF THE SITE SHALL NOT EXCEED THE LESSER OF YOUR SUBSCRIPTION FEES PAID TO TCE THROUGH THE DATE OF TERMINATION OR $100. INDEMNITY
You agree to indemnify, defend and hold harmless TCE Parties and its respective officers, directors, employees, contractors, agents, and partners from all claim and demands, including reasonable attorneys fees, arising out of Subscriber Materials, your use of or inability to use the Site, your acts or omissions, your breach of this Policy or your warranties herein, or your violation of any third party's rights.
TCE uses commercially reasonable efforts to protect the security of the Site and the hosting and transmission of your Subscriber Materials on or through the Site. For example, when you submit confidential information through online forms, such as the Site's registration form, we use SSL to encrypt your information in transit. We also require our financial processors to agree to maintain security procedures to protect your confidential data.
However, TCE Parties cannot guaranty that your Subscriber Materials will be entirely secure from unauthorized access and viewing. Furthermore, the security of information transmitted through the Internet can never be guaranteed. TCE is not responsible for any interception or interruption of any communications through the Internet and Site or for changes to or losses of data.
Protecting your privacy is important to TCE. Please read the TCE PRIVACY STATEMENT, which describes how we collect, use, share and protect information you provide to us.
a. JURISDICTION/GOVERNING LAW. You understand that you are purposely entering into this binding Policy and accessing this Site of TCE, which business maintains a presence in the State of California; therefore, you agree that your use of the Site and this Policy (except for TCE Parties' rights to injunctive relief, as described in Section 10 above) shall be governed and construed in accordance with the laws of the State of California, USA, and applicable federal laws and regulations, without regard to conflicts of law principals. Without limiting the arbitration provisions in Section 18(b), you understand and agree that all proceedings relating to this Site and the subject matter contained herein shall be maintained exclusively in the state or federal courts in and for San Diego, California. As a condition to your use of this Site, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without any form of class action.
b. ARBITRATION. Any controversy or claim (other than TCE Parties' rights to injunctive relief under Section 10 above), whether based on contract, tort or other legal theory arising out or relating to this Site and/or Acceptable Use Policy shall be resolved exclusively by arbitration conducted in San Diego, California. The arbitrator will be bound by the provisions of this Acceptable Use Policy and by the rules and procedures of the American Arbitration Association. The arbitrator's awards and decisions shall be final and binding upon the parties, and any decision rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof.
c. ATTORNEYS FEES. The prevailing party in any action to interpret or enforce this Policy shall be entitled to reasonable attorney's fees and costs.
d. WAIVER; SEVERABILITY. Any failure by TCE Parties to enforce any of its rights under this Policy or applicable laws shall not constitute a waiver of such rights. If any provision of this Policy shall be deemed unlawful or unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions hereunder.
e. AGREEMENT TO DEAL ELECTRONICALLY. You agree that all transactions with or through the Site or TCE may, at TCE's option, be conducted electronically. If you desire to stop entering into transactions electronically, you must notify us in writing. TCE may keep records of any type of communication conducted via the Site. You may receive written copies of records by contacting us at the address below. You agree that all properly addressed electronic communications and records sent to your e-mail address provided during your registration to the Site, and any updates thereto, shall be deemed delivered to and received by you.
f. AMENDMENT. TCE Parties may amend this Policy at any time by posting the amended Policy to the Site or e-mailing you, and the new policy shall be effective upon such posting. Otherwise, no amendment to this Policy shall be effective without the signature of TCE's authorized representative.
g. ENTIRE AGREEMENT. This Policy, and any Registration Form and subsequent related transactions you have properly entered into, constitutes the entire agreement between you and TCE with respect to your access to and use of the Site.
h. SURVIVAL. The provisions of Sections 3, 6, 8 through 11, 14 through 17, 20 and 21, shall survive termination of your use of the Site for any reason.
The contact information for TCE is: TCE ASSOCIATES, LLC; 311 Fourth Ave., #517, San Diego, California 92101; Tel. (619) 702-GAME (4263); Fax. (619) 702-4255; E-mail ask@saranokelley.com; Attn: President.
© 2003 TCE ASSOCIATES, LLC. ALL RIGHTS RESERVED.