TERMS AND CONDITIONS OF
USE
We have taken every effort to design our Web site to be useful,
informative, helpful, honest and fun. Hopefully we have
accomplished that — and would ask that you let us know if you would like
to see improvements or changes that would make it even easier for you to
find the information you need and want.
All we ask is that you agree to abide by the following Terms and
Conditions. Take a few minutes to look them over because by using our
site you automatically agree to them. Naturally, if you do not agree,
please do not use the site. We reserve the right to make any
modifications that we deem necessary at any time. Please continue to
check these terms to see what those changes may be! Your continued use
of the PrepareMag.com Web site means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the PrepareMag.com site, including, without
limitation, text, software, names, logos, trademarks, service marks,
trade names, images, photos, illustrations, audio clips, video clips,
and music are copyrighted intellectual property. All usage rights
are owned and controlled by PrepareMag.com. You, the visitor, may
download Online Materials for non-commercial, personal use only provided
you 1) retain all copyright, trademark and propriety notices, 2) you
make no modifications to the materials, 3) you do not use the materials
in a manner that suggests an association with any of our products,
services, events or brands, and 4) you do not download quantities of
materials to a database, server, or personal computer for reuse for
commercial purposes. You may not, however, copy, reproduce, republish,
upload, post, transmit or distribute Online Materials in any way or for
any other purpose unless you get our written permission first. Neither
may you add, delete, distort or misrepresent any content on the
PrepareMag.com site. Any attempts to modify any Online Material, or to
defeat or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data accompanying
it, is considered licensed to you by PrepareMag.com or third-party
licensors for your personal, non-commercial home use only. We do not
transfer title of the software to you. That means that we retain full
and complete title to the software and to all of the associated
intellectual-property rights. You are not allowed to redistribute or
sell the material or to reverse-engineer, disassemble or otherwise
convert it to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other
information that you send to PrepareMag.com through our site (other than
information we promise to protect under our privacy policy becomes and
remains our property, even if this agreement is later terminated.
That means that we do not have to treat any such submission as
confidential. You can’t sue us for using ideas you submit. If we use
them, or anything like them, we do not have to pay you or anyone else
for them. We will have the exclusive ownership of all present and future
rights to submissions of any kind. We can use them for any purpose we
deem appropriate to our PrepareMag.com mission, without compensating you
or anyone else for them.
You acknowledge that you are responsible for any submission you make.
This means that you (and not we) have full responsibility for the
message, including its legality, reliability, appropriateness,
originality, and copyright.
Limitation of Liability
PrepareMag.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT
ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY
ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM
OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR
DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR
INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY
(KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY
FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL
DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE
LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL"
DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION
OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT
TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE
CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY
NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY ARE CLAIMED UNDER ANY
OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF
ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web
sites from our site. Such a link should not be seen as an endorsement,
approval or agreement with any information or resources offered at sites
you can access through our site. If in doubt, always check the Uniform
Resource Locator (URL) address provided in your WWW browser to see if
you are still in a PrepareMag.com-operated site or have moved to another
site. PrepareMag.com is not responsible for the content or practices of
third party sites that may be linked to our site. When PrepareMag.com
provides links or references to other Web sites, no inference or
assumption should be made and no representation should be inferred that
PrepareMag.com is connected with, operates or controls these Web sites.
Any approved link must not represent in any way, either explicitly or by
implication, that you have received the endorsement, sponsorship or
support of any PrepareMag.com site or endorsement, sponsorship or
support of PrepareMag.com, including its respective employees, agents or
directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You
may terminate this agreement at any time, by destroying all materials
obtained from all PrepareMag.com Web site, along with all related
documentation and all copies and installations. PrepareMag.com may
terminate this agreement at any time and without notice to you, if, in
its sole judgment, you breach any term or condition of this agreement.
Upon termination, you must destroy all materials. In addition, by
providing material on our Web site, we do not in any way promise that
the materials will remain available to you. And PrepareMag.com is
entitled to terminate all or any part of any of its Web site without
notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you are
responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the North Carolina, as it is applied to
agreements entered into and to be performed entirely within such
jurisdiction.
To the extent you have in any manner violated or threatened to
violate PrepareMag.com and/or its affiliates' intellectual property
rights, PrepareMag.com and/or its affiliates may seek injunctive or
other appropriate relief in any state or federal court in the State of
North Carolina, and you consent to exclusive jurisdiction and venue in
such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: Buncomb County. Any costs and fees other than
attorney fees associated with the mediation will be shared equally by
each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration
at the following location: Buncomb County, under the rules of the
American Arbitration Association. Judgment upon the award rendered by
the arbitration may be entered in any court with jurisdiction to do so.
PrepareMag.com may modify these Terms of Use, and the agreement they
create, at any time, simply by updating this posting and without notice
to you. This is the ENTIRE agreement regarding all the matters that have
been discussed.
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