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January 1, 2007
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1. DESCRIPTION OF SERVICE
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My5MinuteNetworking is a business networking website that provides users with
the ability to create profiles, search profiles, receive leads, upload list of
organization members or event attendees, view the profiles of individuals that
attended the same networking events and perform a variety of other functions
now known or hereafter developed (the "Service"). You understand and agree that
the Service may include advertisements and that these advertisements are
necessary for My5MinuteNetworking to provide the Service. Unless explicitly
stated otherwise, any new features that augment or enhance the current Service
shall be subject to the Terms of Use. You understand and agree that the Service
is provided AS-IS and that My5MinuteNetworking assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for obtaining
access to the Service and that access may involve third party fees (such as
Internet service provider or airtime charges). You are responsible for those
fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
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You must be at least 18 years of age to access
My5MinuteNetworking.
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2. COPYRIGHT NOTICE
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© Copyright 2006 My5MinuteNetworking. All rights reserved. All content,
graphics and publications on this site are protected by copyright and
international treaties and may not be copied without the express permission of
My5MinuteNetworking, which reserves all rights. Re-use of any of
My5MinuteNetworking content and graphics for any purpose is strictly
prohibited.
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3. TERMS OF USE-GENERAL
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Please read the Terms of Use as this
contains important information concerning the use of this website (the “site”).
By accessing this site, you accept and agree to be bound by, and comply with,
the Terms of Use, regardless of your status, and including whether you are a
"Visitor" (which means that you simply browse the My5MinuteNetworking website) or
you are a "Member" (which means that you have registered with
My5MinuteNetworking.com as an individual or as a representative of an
Organization). The term "User" refers to a Visitor or a Member. If you do not
accept the Terms of Use, you should leave this site immediately and discontinue
use of My5MinuteNetworking services. If you wish to become a Member,
communicate with other Members and make use of the My5MinuteNetworking
Services, you must read this Agreement and indicate your acceptance during the
Registration process.
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These Terms of Use are to be read in conjunction with any terms, conditions or
disclaimers provided in the pages of the site. The Terms of Use contain
important information and should be accessed and read before in conjunction
with the information displayed on the site. The section titles in the Terms of
Use are for convenience only and have no legal or contractual effect.
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This site has been issued for
and on behalf of My5MinuteNetworking. |
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4. CHANGES TO TERMS OF USE
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My5MinuteNetworking reserves the right to change the Terms of Use or any
material on this website at any time. Any such change will become effective
immediately upon publication to this website. You agree to review these Terms
of Use each time you access this site.
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5. ELIGIBILITY
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In consideration of your use of the
Service, you represent that you are of legal age to form a binding contract and
are not a person barred from receiving services under the laws of the United
States or other applicable jurisdiction. You also agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. My5MinuteNetworking reserves the right, in its
sole discretion, to reject, refuse to post or remove any posting (including
private messages) by you, or to restrict, suspend, or terminate your access to
all or any part of the My5MinuteNetworking Services at any time, for any or no
reason, with or without prior notice, and without liability.
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6. TERM
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This Agreement shall remain in full force
and effect while you use the My5MinuteNetworking Services or are a Member. You
may terminate your Membership at any time, for any reason, by following the
instructions on the Member's Subscription Status tab of the Account Information
page. My5MinuteNetworking may terminate your Membership at any time, without
warning. Even after Membership is terminated, this Agreement will remain in
effect.
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7. FEES
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You acknowledge that My5MinuteNetworking
reserves the right to charge for the My5MinuteNetworking Services and to change
its fees from time to time in its discretion. If My5MinuteNetworking terminates
your membership because you have breached the Agreement, or if you cancel your
My5MinuteNetworking membership for any reason, you shall not be entitled to the
refund of any unused portion of subscription fees.
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8. PRIVACY
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Your expectations of privacy are
important. The Privacy Policy which you can find on this site explains how
My5MinuteNetworking collects personal information from you and then maintains,
uses and discloses that information. Use of the My5MinuteNetworking Services is
also governed by our Privacy Policy, which is incorporated into this Agreement
by this reference.
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9. MEMBER ACCOUNT
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You will receive a password and account
designation upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your password or
account. You agree to (a) immediately notify My5MinuteNetworking of any
unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session.
My5MinuteNetworking cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section.
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10. MEMBER CONDUCT
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Please choose carefully the information
you post on My5MinuteNetworking and that you provide to other Users. You
understand that all information, data, text, software, music, sound,
photographs, graphics, artwork, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you, and not
My5MinuteNetworking, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the Service.
My5MinuteNetworking may delete any Content that in the sole judgment of
My5MinuteNetworking violates this Agreement or which may be offensive, illegal
or violate the rights, harm, or threaten the safety of any person.
My5MinuteNetworking assumes no responsibility for monitoring the
My5MinuteNetworking Services for inaccurate or inappropriate Content or
conduct. If at any time My5MinuteNetworking chooses, in its sole discretion, to
monitor the My5MinuteNetworking Services, My5MinuteNetworking nonetheless
assumes 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. |
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You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable. Under no
circumstances will My5MinuteNetworking be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via the
Service. You agree that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that you may not
rely on any Content created by My5MinuteNetworking or submitted to
My5MinuteNetworking in all parts of the Service. |
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You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. |
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Your profile may not include the following items:
street addresses, 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
My5MinuteNetworking Members (for instance, in their Profile) may contain
inaccurate, inappropriate, offensive or sexually explicit material, products or
services, and My5MinuteNetworking assumes no responsibility or liability for
this material. If you become aware of misuse of the My5MinuteNetworking
Services by any person, please contact My5MinuteNetworking by clicking on the
"Report Abuse" link at the bottom of any My5MinuteNetworking.com webpage. |
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11. PROHIBITED CONDUCT/CONTENT
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The following is a partial list of the kind of Content that is illegal or
prohibited to post on or through the My5MinuteNetworking Services.
My5MinuteNetworking reserves the right to investigate and take appropriate
legal action against anyone who, in My5MinuteNetworking’s sole discretion,
violates this provision, including without limitation, removing the offending
communication from the My5MinuteNetworking Services and terminating the
Membership of such violators. You agree to not use the Service to:
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a)
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upload, post, email, transmit or otherwise make available any Content that is
unlawful,harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene,libelous,invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
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b)
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impersonate any person or entity, including, but not limited to, a
My5MinuteNetworking official or falsely state or otherwise misrepresent your
affiliation with a person or entity;
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c)
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forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted through the Service;
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upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
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upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any party;
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upload, post, email, transmit or otherwise make available any
Content that involves the transmission of "junk mail," "chain letters,"
or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
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upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment;
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h)
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disrupt the normal flow of dialogue, or otherwise act in a manner
that negatively affects other users' ability to engage in real time exchanges;
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i)
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interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;
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intentionally or unintentionally violate
any applicable local, state, national or international law;
provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of material support or
resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section
219 of the Immigration and Nationality Act;
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k)
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"stalk" or otherwise harass another;
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l)
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collect or store personal data about other users,
including but not limited to name, company, email address, title, etc.;
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upload, post, email, transmit or otherwise
make available any Content that contains nudity,
violence, or offensive subject matter or contains a link to an adult website;
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n)
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Solicits personal information from anyone under 18;
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upload, post, email, transmit or otherwise make available
any Content that contains restricted or password only access pages or hidden
pages or images (those not linked to or from another accessible page); or
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p)
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post a profile for another person without that person’s consent and/or
uploading a photograph of another person without that person's consent.
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The following is a partial list of the kind of
activity that is illegal or prohibited on the My5MinuteNetworking Website and
through your use of the My5MinuteNetworking Services. My5MinuteNetworking
reserves the right to investigate and take appropriate legal action against
anyone who, in My5MinuteNetworking’s sole discretion, violates this provision,
including without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to: |
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q)
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criminal activity, including child pornography, fraud,
trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, sending of viruses or other harmful
files, copyright infringement, patent infringement, or theft of trade secrets;
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r)
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covering or obscuring the banner advertisements on your personal profile
page, or any My5MinuteNetworking page via HTML/CSS or any other means;
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s)
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any automated use of the system, such as using
scripts to add contacts or send messages;
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t)
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interfering with, disrupting, or creating an undue
burden on the My5MinuteNetworking Services or the networks or services
connected to the My5MinuteNetworking Services; |
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u)
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attempting to impersonate another Member or person; |
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using the account, username, or password of another
Member at any time or disclosing your password to any third party or permitting
any third party to access your account; |
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w)
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selling or otherwise transferring your profile;
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x)
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using any information obtained from the
My5MinuteNetworking Services in order to harass, abuse, or harm another person;
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y)
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unauthorized framing or linking to the website; or
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z)
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using the My5MinuteNetworking Services in a manner
inconsistent with any and all applicable laws and regulations. |
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12. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
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My5MinuteNetworking does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content you
submit or make available for inclusion on publicly accessible areas of the
Service, you grant My5MinuteNetworking the following world-wide, royalty free,
irrevocable, and non-exclusive license(s), as applicable: With respect to
Content you submit or make available for inclusion on publicly accessible area
of the Service, the perpetual, irrevocable license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purpose for which such Content was submitted or made
available and for the additional purpose of marketing the My5MinuteNetworking
Service to potential new members. |
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"Publicly accessible" areas of the Service are those that are intended by
My5MinuteNetworking to be available to the general public, including but not
limited to profiles. However, publicly accessible areas of the Service would
not include My5MinuteNetworking services intended for private communication
such as private messages, or areas off of the My5MinuteNetworking network of
properties such as portions of World Wide Web sites that are accessible through
hypertext or other links but are not hosted or served by My5MinuteNetworking. |
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You represent and warrant that: (i) you own the Content posted by you on or
through the My5MinuteNetworking Services or otherwise have the right to grant
the license set forth in this section, and (ii) the posting of your Content on
or through the My5MinuteNetworking Services does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights of
any person. You agree to pay for all royalties, fees, and any other monies
owing any person by reason of any Content posted by you to or through the
My5MinuteNetworking Services.
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The My5MinuteNetworking Services contain Content of My5MinuteNetworking
("My5MinuteNetworking Content"). My5MinuteNetworking Content is protected by
copyright, trademark, patent, trade secret and other laws, and
My5MinuteNetworking owns and retains all rights in the My5MinuteNetworking
Content and the My5MinuteNetworking Services. My5MinuteNetworking hereby grants
you a limited, revocable, nonsublicensable license to reproduce and display the
My5MinuteNetworking Content (excluding any software code) solely for your
personal use in connection with viewing the My5MinuteNetworking Website and
using the My5MinuteNetworking Services.
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The My5MinuteNetworking Services contain Content of
Users and other My5MinuteNetworking licensors. Except for Content posted by
you, you may not copy, modify, translate, publish, broadcast, transmit,
distribute, perform, display, or sell any Content appearing on or through the
My5MinuteNetworking Services.
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13. COPYRIGHT POLICY
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You may not post, modify, distribute, or
reproduce in any way any copyrighted material, trademarks, or other proprietary
information belonging to others without obtaining the prior written consent of
the owner of such proprietary rights. It is the policy of My5MinuteNetworking
to terminate Membership privileges of any Member who repeatedly infringes the
copyright rights of others upon receipt of prompt notification to
My5MinuteNetworking by the copyright owner or the copyright owner's legal
agent. Without limiting the foregoing, if you believe that your work has been
copied and posted on the My5MinuteNetworking Services in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following
information: (i) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; (ii) a description of
the copyrighted work that you claim has been infringed; (iii) a description of
where the material that you claim is infringing is located on the
My5MinuteNetworking Services; (iv) your address, telephone number, and email
address; (v) a written statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the
law; (vi) 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. My5MinuteNetworking‘s
Copyright Agent for notice of claims of copyright infringement can be reached
as follows: Copyright Agent, My5MinuteNetworking, PO Box 2235, Newport Beach CA
92659; Facsimile: (714) 242-7671; Attn: Copyright Agent; and email: CopyrightAgent@My5MinuteNetworking.com.
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14. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
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Recognizing the global nature of the
Internet, you agree to comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United States or
the country in which you reside
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15. MODIFICATIONS TO SERVICE
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My5MinuteNetworking reserves the right at
any time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. You
agree that My5MinuteNetworking shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
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16. TERMINATION
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You agree that My5MinuteNetworking may,
under certain circumstances and without prior notice, immediately terminate
your My5MinuteNetworking account, any associated other accounts, and access to
the Service. Cause for such termination shall include, but not be limited to,
(a) breaches or violations of the Terms of Use or other incorporated agreements
or guidelines, (b) requests by law enforcement or other government agencies,
(c) discontinuance or material modification to the Service (or any part
thereof), (d) unexpected technical or security issues or problems, and (e)
extended periods of inactivity. Termination of your My5MinuteNetworking account
includes (a) removal of access to all offerings within the Service (b) deletion
of your password (c) barring further use of the Service. Further, you agree
that all terminations for cause shall be made in My5MinuteNetworking's sole
discretion and that My5MinuteNetworking shall not be liable to you or any
third-party for any termination of your account, any associated email address,
or access to the Service.
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17. NO RESALE OF SERVICE
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You agree not to reproduce, duplicate,
copy, sell, rent, lease, trade, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service, or access to the Service.
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18. GENERAL PRACTICES REGARDING USE AND STORAGE
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You acknowledge that My5MinuteNetworking
may establish general practices and limits concerning use of the Service,
including without limitation the maximum number of days that private messages
or uploaded Content will be retained by the Service, the maximum number of
private messages that may be sent from or received by an account on the
Service, the maximum size of any private message that may be sent from or
received by an account on the Service, the maximum disk space that will be
allotted on My5MinuteNetworking’s servers on your behalf. In order to protect
Members from inappropriate advertising or solicitation, My5MinuteNetworking
reserves 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 My5MinuteNetworking deems
appropriate in its sole discretion. You agree that My5MinuteNetworking has no
responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the
Service. You acknowledge that My5MinuteNetworking reserves the right to log off
accounts that are inactive for an extended period of time. |
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You further acknowledge that My5MinuteNetworking
reserves the right to modify these general practices and limits from time to
time and without notice to you. |
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19. ADVERTISERS
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Your correspondence or business dealings
with, or participation in promotions of, advertisers, whether the advertisers
pays for the consideration or not, found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser. You agree that My5MinuteNetworking
shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such
advertisers on the Service.
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20. THIRD PARTY LINKS
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The Service may provide, or third parties
may provide, links to other World Wide Web sites or resources. These links
allow you to exit this site and enter third party websites. The linked websites
are not reviewed, controlled, examined, sponsored, or endorsed by
My5MinuteNetworking and My5MinuteNetworking is not responsible for the
information, advertising, products, resources or other material, of any linked
site or any link contained in a linked site. In no event shall
My5MinuteNetworking be liable, directly or indirectly, to anyone for any damage
or loss arising from or occasioned by the creation, use or reliance, on the
third parties' websites or the information, advertising, products, resources or
material accessed through these websites. My5MinuteNetworking reserves the
exclusive right and sole discretion to add, decline or remove, without warning,
any icon or link to a list or website, from this website.
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21. NOTICE
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My5MinuteNetworking may provide you with
notices, including those regarding changes to the Terms of Use, by either
email, regular mail, or postings on the Service.
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22. WAIVER AND SEVERABILITY OF TERMS
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This Terms of Use is accepted upon your
use of the My5MinuteNetworking Service and is further affirmed by you becoming
a Member. This Agreement constitutes the entire agreement between you and
My5MinuteNetworking regarding the use of the My5MinuteNetworking Services. |
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The failure of My5MinuteNetworking to exercise or
enforce any right or provision of the Terms of Use shall not constitute a
waiver of such right or provision. If any provision of the Terms of Use is
found by an arbitrator, or pursuant to the Dispute Resolution section below, a
court of competent jurisdiction, to be invalid, the parties nevertheless agree
that the arbitrator or court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the Terms
of Use remain in full force and effect |
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23. NO THIRD PARTY BENEFICIARIES
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You agree that, except as otherwise
expressly provided in this Terms of Use, there shall be no third party
beneficiaries to this Agreement.
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24. NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
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You agree that your My5MinuteNetworking
account is non-transferable and any rights to your My5MinuteNetworking I.D. or
contents within your account terminate upon your death. Upon receipt of a copy
of a death certificate, your account may be terminated.
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25. STATUTE OF LIMITATIONS
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You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related
to use of the Service or the Terms of Use must be filed within three (3) months
after such claim or cause of action arose or be forever barred.
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26. U.S. EXPORT CONTROLS
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Software available in connection with the
My5MinuteNetworking Services (the "Software") is further subject to export
controls. No Software may be downloaded from the My5MinuteNetworking Services
or otherwise exported or re-exported in violation of U.S. export laws.
Downloading or using the Software is at your sole risk.
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27. INTELLECTUAL PROPERTY
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You acknowledge and agree that the
Service, the Software, and all information contained therein, including,
without limitation, the look and feel of the site and all design, text, images,
trademarks, tradenames, logos, white papers, press releases and other
information, and all products advertised, presented, or discussed therein, is
protected under United States and other copyright laws and is owned by
My5MinuteNetworking or used under license from the owner of the respective
intellectual property rights. In addition, all right, title, and interest in
all servers and server-based technology related to this Service, and all
information contained therein, including, without limitation, protocols,
parameters, designs, specifications, and user identification algorithms, and
technology underlying such algorithms are owned by My5MinuteNetworking. You
further acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. The foregoing may not, except under written license, be copied,
reproduced, transmitted, displayed, performed, distributed, leased, loaned,
rented, sublicensed, altered, stored for subsequent use, or used to create
derivative works based on the Service in whole or in part in any manner without
My5MinuteNetworking's or its advertiser’s prior written consent, except to the
extent that such use is expressly authorized under the United States copyright
laws. My5MinuteNetworking's trademarks, tradenames, logos, images, and, service
marks used on this site are the property of My5MinuteNetworking and may not be
used without prior written permission from My5MinuteNetworking and then only
with proper acknowledgment. |
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My5MinuteNetworking grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by My5MinuteNetworking
for use in accessing the Service.
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28. MEMBER TYPES
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When registering for the Service, Members
can choose between an account in which all features are free (“Free Account”)
and an account which must be paid for either on a monthly or yearly basis which
gives the Member access to advanced features, including but not limited to
sending emails, receiving leads, viewing the profiles of other individuals that
attended the same events, and adding business contacts and testimonials to
their profile (“Subscription Account”). Members of My5MinuteNetworking include
those that are accessing only free features of the My5MinuteNetworking Service
(“Free Account Holders”) and those that are paying a monthly or yearly fee to
access advanced features of the My5MinuteNetworking Service (“Subscribers”).
Subscribers that are paying a monthly fee are hereby referred to as “Monthly
Subscribers”. Subscribers that are paying a yearly fee are hereby referred to
as “Yearly Subscribers”. My5MinuteNetworking reserves the right to change the
features associated with a Free Account or Subscription Account at any time.
You agree that My5MinuteNetworking may, under certain circumstances and without
prior notice, immediately downgrade your My5MinuteNetworking account from a
Subscription Account to a Free Account at any time. Cause for such downgrade
shall include, but not be limited to, (a) breaches or violations of the Terms
of Use or other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) discontinuance or material
modification to the Service (or any part thereof), (d) unexpected technical or
security issues or problems, (e) extended periods of inactivity, (f) credit
card expiration or transaction decline, and (g) reports of spam. Downgrading of
your My5MinuteNetworking account includes (a) removal of access to all
offerings that are only available to Subscribers (b) deletion of your business
contacts, testimonials, and all other offerings that are only available to
Subscribers. Further, you agree that all downgrading for cause shall be made in
My5MinuteNetworking's sole discretion and that My5MinuteNetworking shall not be
liable to you or any third-party for the downgrading of your account. |
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An individual that represents a membership based
organization, conference, or similar grouping of individuals (“Organization”)
can create an “Organization Account” on behalf of the Organization. Individuals
that create an Organization Account on behalf of an organization are hereby
referred to as “Organization Representatives”. The term Members includes
Organization Representatives. |
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29. ORGANIZATION PROGRAM
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Items in section 29 only apply to Organizations. | |
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a)
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General Description of Services: "The Organization Program" is part of the
Service which allows an organization to provide members or individuals
associated with the Organization the ability to create profiles, search
profiles, receive leads, and provide a variety of other functions now known or
hereafter developed. Each Organization that signs up for the Service will
receive a unique registration link. When the Organization’s members or
individuals associated with the Organization sign-up through the link and
become Subscribers, the Organization will receive commission based on the
monthly or yearly subscription dues paid by the Member to My5MinuteNetworking.
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b)
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Eligibility: By creating an Organization Account, an
Organization Representative warrants that he/she has the authority to create an
account on behalf of the Organization.
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c)
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Changes to Program: My5MinuteNetworking may change
the Terms and Use of the Organization Program including the pay-out dollar
amount or the frequency or method of payment without notice. Please check the
Terms of Use on a regular basis. |
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d)
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Indemnification: The Organization will indemnify
My5MinuteNetworking against all liability or loss resulting from all claims or
actions based upon or arising out of any act of negligence of the Organization
or his/her employees, agents, subcontractors or others in connection with their
participation under the Organization Program. My5MinuteNetworking is not
responsible for any actions of its Organizations or Organization
Representatives. |
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e)
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Relationship of Parties: The parties mutually
acknowledge that they are not employer and employee and nothing herein will be
construed as creating an employment relationship between them. In addition, the
parties mutually acknowledge that the Organization or Organization
Representative is not a partner, agent, principal, or joint venture partner of
My5MinuteNetworking due to this Agreement. Organizations or Organization
Representatives are not authorized and will not in any manner whatsoever
conduct business or incur any obligations in the name of My5MinuteNetworking or
seek to bind My5MinuteNetworking contractually. |
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f)
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Termination: My5MinuteNetworking reserves the right
to terminate its agreement with an Organization or Organization Representative
in the event that the Organization or Organization Representative is abusing
the program or violates the Terms of Use. The definition of abuse will be at
the discretion of My5MinuteNetworking, on a case by case basis. |
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g)
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Fees: An Organization will earn 20% commission from
individuals that subscribe to My5MinuteNetworking through the Organization’s
unique registration link. My5MinuteNetworking pays its Organizations via check
on a quarterly basis. Checks will be made payable to the Organization. The
quarterly periods are defined as follows:January 1 - March 31, April 1 – June
30, July 31 – September 30, and October 1 – December 31. At the end of each
quarter, My5MinuteNetworking will calculate the amount that each Organization
has accrued, and will cut a check to each Organization. The check will be
mailed to the Organization’s last address My5MinuteNetworking has on file. In
the event that an Organization changes mailing address, it is the
responsibility of the Organization Representative to update the Organization’s
mailing address via the Organization’s My5MinuteNetworking administrative
webpage. Limitations: If an individual is already a Member of
My5MinuteNetworking, the Organization will not receive commission for that
individual. If an Organization is a membership-based organization, the
Organization will only receive commission for Subscribers that are members of
the Organization and that have their profile associated with the Organization
on My5MinuteNetworking. If an Organization is an event-based Organization or
non-membership based Organization, the Organization will only receive
commission for Subscribers that have their profile associated with the
Organization on My5MinuteNetworking. If an individual disassociates their
My5MinuteNetworking profile from an Organization, the Organization will no
longer receive commission for that individual. |
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h)
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Insurance and Licensing: Organization and
Organization Representative agrees that he/she will be responsible for all
matters pertaining to the Organization’s own insurance and any applicable
licensing requirements, including but not limited to workers compensation
insurance, if applicable.Organization and Organization Representative agrees
that he/she does not have, nor shall hold him/herself out as having, any right,
power, or authority to create any contract or obligation, either express or
implied, on behalf of, in the name of, or binding upon My5MinuteNetworking. In
addition, the Organization and Organization Representative hereby warrants that
he/she is engaged in a bona-fide business operation and in possession of a
valid business license to provide the services described in this Agreement (to
the extent that such is required by the jurisdiction where Organization is
located). |
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i)
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W-9: Once the Organization has accrued $500
commission in a calendar year, My5MinuteNetworking will e-mail
the Organization Representative a W-9 to be filled out, signed
and returned, via fax or mail, to My5MinuteNetworking. It is the
responsibility of the Organization Representative to make sure
that the W-9 has been received by My5MinuteNetworking. If an Organization
has accrued $599 or more in a calendar year and My5MinuteNetworking has not
yet received a completed W-9, My5MinuteNetworking will place the Organization’s
commission account on hold until the W-9 is received. During the time the
commission account is on hold, commission can accrue, but no commission
will be paid out to the organization. If the W-9 is not received by December
31, the organization forfeits the right to all commission earned that year in excess of $599.
The Organization’s commission account will be re-activated January 1 of the subsequent calendar year.
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j)
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Employee Benefits: As an independent contractor, the
Organization and Organization Representative will not be eligible and will have
no claim against My5MinuteNetworking for any employee benefits including but
not limited to: sick or disability leave; vacation pay; health, life, or
disability insurance; retirement benefits; training; unemployment benefits; or
workers’ compensation insurance coverage. |
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k)
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Expenses: In connection with the services to be
performed for My5MinuteNetworking, the Organization and Organization
Representative may expend money for travel or other business expenses,
including film, telephone, internet, mailing, printing, and copying expenses.
The Organization and Organization Representative will be solely liable and
responsible for payment of such expenses and will indemnify and hold the
My5MinuteNetworking harmless from claims made by any entity for payment of
expenses incurred in connection with services performed under this Agreement. |
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l)
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Disclaimer: The Service allows Organization Accounts
to be created through the My5MinuteNetworking website. My5MinuteNetworking has
no way of who is and who is not a valid representative of an organization.
My5MinuteNetworking assumes no responsibility for checking the validity of
Organization Accounts or of Organization Representatives. If at any time,
My5MinuteNetworking chooses, in its sole discretion, to take reasonable
measures to verify the validity of Organization Accounts or Organization
Representatives, My5MinuteNetworking nonetheless assumes no responsibility for
the actions of Organizations or of individuals that falsely claims to be a
representative of an Organization.
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30. SUBSCRIBER INVITATION LINK PROGRAM
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Items in item 30 only apply to
Subscribers. |
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a)
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General Description of Services: When an individual
purchases a subscription to My5MinuteNetworking through a Subscriber’s unique
registration link, the Subscriber will be compensated by a reduction in their
dues, equivalent to 20% of the dues of the referred individual.
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b)
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Changes to Program: My5MinuteNetworking may change
the Terms of Use of the Subscriber Invitation Link Program including the
commission rate without notice. Please check the Terms of Use on a regular
basis. |
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c)
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Monthly Subscribers: If an individual purchases a
monthly subscription through a Monthly Subscriber’s invitation link, the
Monthly Subscriber’s dues will reduce by $1.99 per month. If an individual
purchases a yearly subscription through a Monthly Subscriber’s invitation link,
the commission will be spread over a twelve month period and the Monthly
Subscriber will see their dues decrease by $1.65 per month. If commission due
for a certain month exceeds the Monthly Subscriber’s $9.95 monthly fee, the
Monthly Subscriber will not be charged that month of the Service. Any
commission in excess of the $9.95 is not rolled over the subsequent month nor
is it paid to the Subscriber. If a Monthly Subscriber changes their
subscription from a monthly to a yearly subscription, the commission due for
the last month of monthly service will be applied to reduce the $99.50 yearly
subscription dues.
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d)
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Yearly Subscribers: If an individual purchases a
monthly subscription through a Yearly Subscriber’s invitation link, commission
of $1.99 per month will accumulate on a monthly basis and be used to offset the
Yearly Subscriber’s subsequent year’s dues to My5MinuteNetworking. If an
individual purchases a yearly subscription through a Yearly Subscriber’s
invitation link, commission of $1.65 per month will accumulate and be used to
offset the Yearly Subscriber’s subsequent year’s dues to My5MinuteNetworking.
If commission due exceeds the subscriber’s $99.50 yearly fee, the subscriber
will not be charged that year of the Service. Any commission in excess of the
$99.50 yearly subscription is not rolled over to the subsequent year nor is it
paid to the Subscriber. If a Yearly Subscriber changes their subscription from
a yearly to a monthly subscription, the accumulated commission will only apply
to the first month of My5MinuteNetworking service. Any accumulated commission
in excess of the $9.95 is not rolled over the subsequent month nor is it paid
to the Subscriber. |
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e)
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Limitations: If the referred individual
discontinues their membership to My5MinuteNetworking or becomes a Free Account
Holder, commission will no longer be paid to the Subscriber, even if the
referred individual pre-paid for a yearly subscription.
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31. DISCLAIMERS OF WARRANTIES AND LIABILITY
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT: |
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A.
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
MY5MINUTENETWORKING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MY5MINUTENETWORKING, ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO
NOT REPRESENT OR IMPLY ANY PERFORMANCE LEVEL OR GUARANTEE IN RELATION TO THE
MY5MINUTENETWORKING SYSTEM OR THIS SITE. MY5MINUTENETWORKING SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES
RESULTING FROM THE USE OF THE MY5MINUTENETWORKING SYSTEM OR IN CONNECTION WITH,
YOUR USE OF THIS SITE OR ANY INFORMATION DISPLAYED ON THIS SITE. |
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B.
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MY5MINUTENETWORKING AND IT'S EMPLOYEES, AGENTS,
REPRESENTATIVES AND ASSOCIATES MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE
CORRECTED.
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C.
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YOUR ABILITY TO ACCESS THIS SERVICE MAY, FROM TIME
TO TIME, BE DELAYED AND/OR INTERRUPTED DUE TO SCHEDULED AND/OR UNSCHEDULED
CAUSES. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT
ANY WARRANTY OF ANY KIND. NO WARRANTY IS MADE THAT THE FUNCTIONS OR SERVICES
PERFORMED BY USER IN CONNECTION WITH THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. USER EXPRESSLY
AGREES THAT USE OF THIS SERVICE IS AT IT'S OWN RISK. |
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D.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
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E.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM MY5MINUTENETWORKING OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. |
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F.
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A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER
SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR
SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY
DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY
OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS. |
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G.
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MY5MINUTENETWORKING DOES NOT WARRANT OR GUARANTEE
THAT ANY INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE WILL BE FREE OF
INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING
CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS THE SOLE RESPONSIBILITY OF THE
USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE,
AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF
CONTAMINATED OR INFECTED, WILL NOT DAMAGE USER'S INFORMATION OR SYSTEM.
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H.
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MY5MINUTENETWORKING DOES NOT SCREEN THE MEMBERS
REGISTERING FOR SERVICES OFFERED BY MY5MINUTENETWORKING IN ANY WAY. AS A RESULT
MY5MINUTENETWORKING WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT,
INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE,
INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR
MEETING WITH OTHER MEMBERS OF THIS SERVICE, OR INTRODUCED TO YOU VIA THIS
SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY
INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT. MY5MINUTENETWORKING DOES NOT
SCREEN THOSE WHO CREATE ACCOUNTS ON THE SERVICE. WE DO NOT VERIFY INFORMATION
PROVIDED WHEN ACCOUNTS ARE CREATED. THEREFORE, MY5MINUTENETWORKING IS NOT
LIABLE FOR THE INTEGRITY OF STATEMENTS MADE BY MEMBERS AS TO THEIR IDENTITY,
PROFESSION AND GENERAL BACKGROUND. IT IS INCUMBENT AND ADVISED UPON THE USER TO
VERIFY ANY AND ALL INFORMATION RELATING TO BUT NOT LIMITED TO THIS SUBJECT. IT
IS ADVISED TO CHECK REFERENCES OF ANY MEMBER. | |
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32. INDEMNIFICATION
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You will defend, indemnify, and hold
harmless My5MinuteNetworking, its officers, directors, employees, agents and
third parties, for any losses, costs, liabilities and expenses (including
reasonable attorneys' fees) made by any third party relating to or arising out
of your use of the My5MinuteNetworking service, including any breach by you of
the terms of this Agreement, a breach of your representations and warranties
set forth above and /or if any Content that you posted on the
My5MinuteNetworking website or through the My5MinuteNetworking Services that
causes My5MinuteNetworking to be liable to another.
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33. LIMITATION ON LIABILITY
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IN NO EVENT SHALL MY5MINUTENETWORKING BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF MY5MINUTENETWORKING HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, MY5MINUTENETWORKING'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MY5MINUTENETWORKING FOR THE
MY5MINUTENETWORKING SERVICES DURING THE TERM OF MEMBERSHIP.
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34. MEMBER DISPUTES
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You are
solely responsible for your interactions with other My5MinuteNetworking
Members. My5MinuteNetworking reserves the right, but has no obligation, to
monitor disputes between you and other Members.
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35. DISPUTE RESOLUTION
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These Terms of
Use and any dispute in connection with this Service will be governed by
the laws of the State of California without regard to conflict of law
provisions and you agree to exclusive personal jurisdiction and venue in
the state and federal courts of the United Stateslocated in the State of
California, City of Los Angeles. Either My5MinuteNetworking or you may
demand that any disputes in connection with this Service must be settled
in arbitration in accordance with and subject to the American Arbitration
Association (AAA) in Los Angeles California, USA, provided that the
foregoing shall not prevent My5MinuteNetworking from seeking injunctive
relief in a court of competent jurisdiction. Expedited Commercial
Arbitration Rules, and to the extent permitted under those rules the
Arbitrator will be a person recommended by the American Arbitration
Association. User and My5MinuteNetworking agree to accept the
determination of the arbitrator as final and binding and submit to the
jurisdiction of the Courts of the State California and/or the federal
courts located in the State of California for the enforcement of any such
determination. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
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36. COMPLAINTS
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You have any questions, or to resolve a
complaint regarding My5MinuteNetworking, please contact us at
CustomerService@My5MinuteNetworking.com.
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37. AGREEMENT TO TERMS OF USE
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By creating an account on
My5MinuteNetworking, or browsing the My5MinuteNetworking Service, you are
agreeing to abide by the Terms of Use stated herein.
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