This Terms of Use Agreement was last updated on April 8, 2006.
By using the fromdoppler.com website ("Service"), a service of Common Sense LLC, you agree to be bound by the following terms and conditions of this agreement. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on www.fromdoppler.com. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, the Agreement may not be amended.
Common Sense LLC is providing Member with Free Trial, Fees and Payment. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection. 1.1 The Services are provided subject to this Agreement, as it may be amended by Common Sense LLC , and any guidelines, rules or operating policies that Common Sense may establish and post from time to time (the "Agreement"), including without limitation Common Sense email privacy Policyas linked from all email generated from Common Sense or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the Fromdoplper.com website, or otherwise providing notice to you, Common Sense may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service or at eTargetDelivery's website. 1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services. 1.3 You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and fi
2.1 Once you have completed your free trial ... 2.2 Fees will be billed monthly or your pre-paid account will be debited monthly for Services. The Fees are based on the highest number of subscribers in your account at any time during the previous month. If selected by you, you will also be billed for premium image hosting services. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by eTargetDelivery. The Fee Schedule, including subscriber levels and prices, is subject to change at any time in eTargetDelivery's discretion. eTargetDelivery will attempt to notify you via email prior to the effectiveness of any change to the Fee Schedule. 2.3 Payment for Services will be made by a valid credit card accepted by Common Sense. Fees are payable in US dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Common Sense to charge your credit card for such amounts on a regular monthly. . If Common Sense Contact is for any reason unable to effect automatic payment via your credit card, Common Sense will attempt to notify you via email and your Common Sense Contact account will be disabled until payment is received. Amounts paid for the Services are not refundable. 2.4 You acknowledge and agree that you are responsible for paying Fees for all email messages sent through eTargetDelivery , regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party.
The site is provided by Common Sense LLC on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Common Sense LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Common Sense LLC shall have no liability for any interruptions in the use of this Website. Common Sense LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Comon sense llc shall not be liable for any damages whatsoever, and in particular common sense llc shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if common sense llc has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable.
Member agrees to indemnify and hold Common Sense LLC its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Common Sense LLC of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Common Sense.
Common Sense LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Common Sense LLC shall not be liable to Member or any third party should Common Sense LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Common Sense LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Our website is operated and provided in the State of Texas. As such, we are subject to the laws of the State Texas, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Texas].
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 Fromdoppler.com, will all rights reserved, or is the property of Common Sense LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Common Sense LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Common Sense LLC.
Common Sense LLC and www.getcs.com are proprietary marks of www.fromdoppler.com trademarks and may not be used in connection with any product or service that is not provided by Common Sense, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Common Sense.
All other trademarks displayed on www.fromdoppler.com website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Common Sense LLC.
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Common Sense, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement Texas.
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