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These Terms of Use constitute a legal agreement
between you and TICCC.com, LLC (“SuccessfulComputerConsulting.com”).
The SuccessfulComputerConsulting.com Web Site is comprised of
http:// SuccessfulComputerConsulting.com.com, http://iccuniversity.com,
http://TICCC.com and their constituent web pages and various other
web sites, URLs and Web pages operated by
SuccessfulComputerConsulting.com.
The SuccessfulComputerConsulting.com Web Site,
any coaching products, programs or services and any other
publications in printed or digital form and the Products and
Services from time to time offered by
SuccessfulComputerConsulting.com (as defined below) are offered to
you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the
SuccessfulComputerConsulting.com Web Site and any such Products and
Services constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
SuccessfulComputerConsulting.com reserves the right to change the
terms, conditions, rules and regulations applying to and notices
under which the Products and Services and the
SuccessfulComputerConsulting.com Web Site are offered, including but
not limited to the charges associated with the use of them. All
changes shall be effective and deemed accepted by all users upon
posting of such changes on the SuccessfulComputerConsulting.com Web
Site. That version of these Terms of Use will then apply to all use
by you following the date of publication. Each access of information
from the SuccessfulComputerConsulting.com Web Site and the Products
and Services will be a separate, discrete transaction based on the
then prevailing terms. These Terms of Use and the license granted by
it may not be assigned or sublet by you without
SuccessfulComputerConsulting.com's advance written consent.
SUBSCRIPTION TERMS
SuccessfulComputerConsulting.com’s programs and content are
generally offered as monthly subscription services. Subscribers to
the Products and Services and SuccessfulComputerConsulting.com’s web
based programs, products, services and programs and users of the
SuccessfulComputerConsulting.com Web Site shall all pay a monthly
subscription fee. The monthly subscription fee will be based on the
product or service and established from time to time on the
SuccessfulComputerConsulting.com Web Site. From time to time,
SuccessfulComputerConsulting.com may offer subscribers and users the
right to subscribe to a program, product or service for a period of
longer than one month, often at a discounted rate (The “Periodic
Rate”). Each user agrees to pay to SuccessfulComputerConsulting.com
a monthly subscription fee or an agreed upon Periodic Rate, in
advance, via Pay Pal, credit card or other method from time to time
established by SuccessfulComputerConsulting.com, for each month’s or
other periodic use of the product, service or program selected
and/or access to the SuccessfulComputerConsulting.com Web Site. Each
user authorizes SuccessfulComputerConsulting.com to automatically
debit the payment source or mechanism associated with his or her
registered account for each monthly subscription fee or the Periodic
Rate agreed upon by them. Monthly subscription fees and Periodic
Rates are not refundable for any reason, except as expressly
provided from time to time on the SuccessfulComputerConsulting.com
Web Site, under SuccessfulComputerConsulting.com’s then applicable
and published termination, refund and cancellation policies.
Automatic debits shall continue unless the user terminates the
subscription in accordance with the terms and conditions for proper
cancellation or to support@SuccessfulComputerConsulting.com.com and
otherwise comply with the then published policy for refunds or
cancellations.
Commencing in September, 2009, SuccessfulComputerConsulting.com will
offer or recommend products, programs and services developed and
provided by third party providers, including certain web based
software applications and content, downloadable software, text
message, cellular, and telephony products others types of products
and services (The “Third Party Tools”). The Third Party Tools may be
offered as part of a “bundle” of products and services which include
access to the SuccessfulComputerConsulting.com Web Site, or as stand
alone products or services. While the Third Party Tools may feature
brand or trade names associated with
SuccessfulComputerConsulting.com and its brand and tradenames and
SuccessfulComputerConsulting.com may provide certain customer
support services for them, they are not products or services
developed by SuccessfulComputerConsulting.com. The Third party Tools
offered or recommended by SuccessfulComputerConsulting.com may or
may not include the following: IT Pro Dashboard, Intermedia Exchange
Hosting, Mozy Pro, Postini (offered by Google), LogMeIn, GFI Max
from HoundDog Technologies, Interstate Capital Corp. Factoring
Services, LogoNerds, VistaPrint. The Third Party Tools offered by
SuccessfulComputerConsulting.com may at any time change or be
revised and any specific Third Party Tools may cease to be offered
or supported by SuccessfulComputerConsulting.com at any time,
without notice. SuccessfulComputerConsulting.com may also from time
to time provide access to new or different Third Party Tools. The
availability, functionality, usability of utility of any of the
Third Party Tools are not warranted, represented or in any way
assured by SuccessfulComputerConsulting.com.
SuccessfulComputerConsulting.com makes no representations or
warranties regarding the Third Party Tools and disclaims all
liability for their use, implementation or availability.
SuccessfulComputerConsulting.com may from time to time establish
special promotional thirty day “trial offers”, in its discretion, on
such terms and conditions as may be posted on the
SuccessfulComputerConsulting.com Web Site.
SuccessfulComputerConsulting.com may provide access to or use of
thirty day promotional or trial offers using promotion codes,
coupons , credits or other mechanisms, in its sole discretion.
Promotional or trial offers may be modified or terminated at any
time, in SuccessfulComputerConsulting.com’s discretion, and will in
any case be limited to one offer per user. At the end of any thirty
day promotional or trial offer, the user’s credit card or Pay Pal
account will automatically be debited for each subsequent monthly
subscription period, and such automatic debits shall continue unless
the user terminates the subscription during the thirty day trial
period, in accordance with the terms and conditions for termination
on the SuccessfulComputerConsulting.com Web Site.
Promotional or trial subscriptions provide the user to access to
limited portions of the SuccessfulComputerConsulting.com Web site.
The entire SuccessfulComputerConsulting.com Web site will be made
available only to users paying the complete monthly subscription fee
for a given month.
From time to time, SuccessfulComputerConsulting.com may provide its
members with access to offers or promotions made available by or
from third parties. If a SuccessfulComputerConsulting.com member
provides an e mail address or other information to such a third
party, SuccessfulComputerConsulting.com will not be responsible for
the use of the information so provided.
LINKS TO THIRD PARTY SITES
The SuccessfulComputerConsulting.com Web Site may contain links to
other Web Sites ("Linked Sites"). The Linked Sites are not under the
control of SuccessfulComputerConsulting.com and
SuccessfulComputerConsulting.com is not responsible for the contents
of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site.
SuccessfulComputerConsulting.com is not responsible for webcasting
or any other form of transmission received from any Linked Site.
SuccessfulComputerConsulting.com is providing these links to you
only as a convenience, and the inclusion of any link does not imply
endorsement by SuccessfulComputerConsulting.com of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the SuccessfulComputerConsulting.com
Web Site, you warrant to SuccessfulComputerConsulting.com that you
will not use the SuccessfulComputerConsulting.com Web Site for any
purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the SuccessfulComputerConsulting.com
Web Site in any manner which could damage, disable, overburden, or
impair the SuccessfulComputerConsulting.com Web Site or interfere
with any other party's use and enjoyment of the
SuccessfulComputerConsulting.com Web Site. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the
SuccessfulComputerConsulting.com Web Sites.
USE OF COMMUNICATION SERVICES
The SuccessfulComputerConsulting.com Web Site may contain bulletin
board services, blogs, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at
large or with a group (collectively, "Communication Services"). You
agree to use the Communication Services only to post, send and
receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you
will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information.
• Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all
necessary consents.
• Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of
another's computer.
• Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically
allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain
letters.
• Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
distributed in such manner.
• Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or
source of software or other material contained in a file that is
uploaded.
• Restrict or inhibit any other user from using and enjoying the
Communication Services.
• Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
SuccessfulComputerConsulting.com has no obligation to monitor the
Communication Services. However, SuccessfulComputerConsulting.com
reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion.
SuccessfulComputerConsulting.com reserves the right to terminate
your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
SuccessfulComputerConsulting.com reserves the right at all times to
disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole
or in part, in SuccessfulComputerConsulting.com's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. SuccessfulComputerConsulting.com does not control or
endorse the content, messages or information found in any
Communication Service and, therefore,
SuccessfulComputerConsulting.com specifically disclaims any
liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service.
Managers and hosts are not authorized
SuccessfulComputerConsulting.com spokespersons, and their views do
not necessarily reflect those of SuccessfulComputerConsulting.com.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination. You
are responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO SUCCESSFULCOMPUTERCONSULTING.COM OR POSTED
AT ANY SUCCESSFULCOMPUTERCONSULTING.COM WEB SITE
SuccessfulComputerConsulting.com does not claim ownership of the
materials you provide to SuccessfulComputerConsulting.com (including
feedback and suggestions) or post, upload, input or submit to any
SuccessfulComputerConsulting.com Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting
SuccessfulComputerConsulting.com, its affiliated companies,
licensees and sublicensees permission to use your Submission in
connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. SuccessfulComputerConsulting.com is
under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in
SuccessfulComputerConsulting.com's sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH SUCCESSFULCOMPUTERCONSULTING.COM, OR ANY OTHER
PUBLICATION IN PRINTED OR DIGITAL FORM, ANY COACHING SERVICES, THIRD
PARTY TOOLS AND THE SUCCESSFULCOMPUTERCONSULTING.COM WEB SITE
(COLLECTIVELY “the “PRODUCTS AND SERVICES”), MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS, “BUGS”, FLAWS, FUNCTIONAL
PROBLEMS, ERRORS OR MISTAKES. DELETIONS, CHANGES AND REVISIONS ARE
PERIODICALLY MADE TO THE PRODUCTS AND SERVICES.
SUCCESSFULCOMPUTERCONSULTING.COM AND/OR ITS SUPPLIERS MAY MAKE
DELETIONS, MODIFICATIONS, CHANGES OR IMPROVEMENTS IN THE PRODUCTS
AND SERVICES AT ANY TIME, WITHOUT NOTICE. ADVICE RECEIVED VIA THE
PRODUCTS AND SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
SUCCESSFULCOMPUTERCONSULTING.COM AND ITS AGENTS, EMPLOYEES,
OFFICERS, OWNERS, MEMBERS, SUCCESSORS, ASSIGNS AND SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED IN THE PRODUCTS AND
SERVICES, INCLUDING THE SUCCESSFULCOMPUTERCONSULTING.COM WEB SITE
AND THIRD PARTY TOOLS, FOR ANY PURPOSE WHATSOEVER. ALL PRODUCTS AND
SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS, WHERE IS", WITHOUT WARRANTY OR
CONDITION OF ANY KIND. SUCCESSFULCOMPUTERCONSULTING.COM AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THE PRODUCTS AND SERVICES AND ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL SUCCESSFULCOMPUTERCONSULTING.COM AND/OR ITS
AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, REPRESENTATIVES,
SUCCESSORS, ASSIGNS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY
DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA, BUSINESS INTERRUPTION OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PURCHASE,
PERFORMANCE, AVAILABILITY, USE OR PERFORMANCE OF THE PRODUCTS AND
SERVICES, THE RESULTS OBTAINED FROM CONTENT, DATA OR ADVICE RENDERED
THROUGH ACCESS OR USE OF THE PRODUCTS OR SERVICES OR ON THE
SUCCESSFULCOMPUTERCONSULTING.COM WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE PRODUCTS OR SERVICES, THE
SUCCESSFULCOMPUTERCONSULTING.COM WEB SITE OR ANY RELATED PRODUCTS,
INFORMATION OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE PRODUCTS AND SERVICES, OR
OTHERWISE ARISING OUT OF THE USE OF THE PRODUCTS OR SERVICES,
WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF SUCCESSFULCOMPUTERCONSULTING.COM OR ANY OF ITS
AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, REPRESENTATIVES,
SUCCESSORS, ASSIGNS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LIABILITY OR DAMAGES. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE PRODUCTS OR SERVICES, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
APPLICABLE PRODUCTS AND SERVICES AND TEMINATING YOUR SUBSCRIPTION
FOR THEM IN ACCORDANCE WITH SUCCESSFULCOMPUTERCONSULTING.COM’S
CANCELLATION AND TERMINATION POLICIES THEN IN EFFECT AND POSTED ON
THE SUCCESSFULCOMPUTERCONSULTING.COM WEB SITE.
SUCCESSFULCOMPUTERCONSULTING.COM’S MAXIMUM LIABILITY FOR ANY BREACH
OF THIS AGREEMENT OR ANY CLAIM ARISING OF THE PIRCHASE OR USE OF THE
PRODUCTS OR SERVICES OR THE SUCCESSFULCOMPUTERCONSULTING.COM WEB
SITE OR ANY CONTENT APPEARING ON ITS WEB SITE SHALL BE A REFUND OF
ANY MONTHLY SUBSCRIPTION FEE PAID BY THE SUBSCRIBER FOR THE MONTH
DURING WHICH ANY CLAIM, DAMAGE OR ALLEGED CLAIM ARISES.
SERVICE CONTACT: support@SuccessfulComputerConsulting.com
TERMINATION/ACCESS RESTRICTION
SuccessfulComputerConsulting.com reserves the right, in its sole
discretion, to terminate your access to the Products and Services
and the SuccessfulComputerConsulting.com Web Site and the related
services or any portion thereof at any time, without notice. These
terms of use constitute an enforceable legal agreement which is
governed by the laws of the State of New York, U.S.A. You hereby
consent to the exclusive jurisdiction and venue of courts in
Manhattan County, New York, U.S.A. to hear and resolve all disputes
arising out of or relating to the use of the Products and service
and the SuccessfulComputerConsulting.com Web Site. Use of the
Products and services and the SuccessfulComputerConsulting.com Web
Site is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you
and SuccessfulComputerConsulting.com as a result of this agreement
or use of the Products and services and the
SuccessfulComputerConsulting.com Web Site.
SuccessfulComputerConsulting.com's performance of this agreement is
subject to existing laws and legal process, and nothing contained in
this agreement is in derogation of
SuccessfulComputerConsulting.com's right to comply with
governmental, court and law enforcement requests or requirements
relating to your use of the Products and services, the
SuccessfulComputerConsulting.com Web Site or information provided to
or gathered by SuccessfulComputerConsulting.com with respect to such
use.
If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the
user and SuccessfulComputerConsulting.com with respect to the
Products and Services and the SuccessfulComputerConsulting.com Web
Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user
and SuccessfulComputerConsulting.com with respect to the
SuccessfulComputerConsulting.com Web Site. A printed version of this
agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to
the parties that this agreement and all related documents be drawn
up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the SuccessfulComputerConsulting.com Web Site are:
Copyright © 2009 by TICCC.com, LLC. and/or its suppliers. All rights
reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended or
should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE
NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.
LIMITATION ON USE OF INFORMATION
You agree to use content or information obtained from the Products
and Services and SuccessfulComputerConsulting.com's Web Site only
for your own private use or the internal purposes of your home or
business, provided that is not the selling or broking of
information, and you will in no event cause or permit to be
published, printed, downloaded, transmitted, distributed,
reengineered, or reproduced in any form any part of such content or
information (whether directly or in condensed, selective or
tabulated form), whether for resale, republishing, posting on a web
site, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or
print out individual pages of information that have been
individually selected, to meet a specific, identifiable need for
information which is for your personal use only, on a confidential
basis. You may make such limited number of duplicates of any output,
both in machine-readable or hard copy form, as may be reasonable for
this purpose only. Nothing herein shall authorize you to create any
database, digital copy, directory or hard copy publication of or
from such content or information, whether for internal or external
distribution or use.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any
Subscriber Code, username, user ID, or password which you may have
received from SuccessfulComputerConsulting.com, and all information
to which you have access through password-protected areas of
SuccessfulComputerConsulting.com's Website and will not cause or
permit any such information to be communicated, copied or otherwise
divulged to any other person whatsoever.
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