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SHORT
VERSION:
WE'RE RIGHT,
YOU'RE WRONG.
LONG
VERSION:
1. ACCEPTANCE
OF TERMS
Welcome
to ETP Consulting! ETP Consulting provides its service to you, subject to
the following Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you. You can review the most current
version of the TOS at any time here. In
addition, when using particular ETP Consulting services, you and ETP Consulting
shall be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines
or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION
OF SERVICE
ETP Consulting
currently provides users with access to a rich collection of resources,
including, various communications tools, forums, shopping services,
personalized content and branded programming through its network of
properties (the "Service"). You also understand and agree that the Service
may include advertisements and that these advertisements are necessary
for ETP Consulting to provide the Service. You also understand and agree
that the service may include certain communications from ETP Consulting,
such as service announcements, administrative messages and the ETP Consulting
Newsletter, and that these communications are considered part of ETP Consulting
membership and you will not be able to opt out of receiving them. Unless
explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new ETP Consulting properties,
shall be subject to the TOS. You understand and agree that the Service
is provided "AS-IS" and that ETP Consulting 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.
Please
be aware that ETP Consulting has created certain areas on the Service
that contain adult or mature content. You must be at least 18 years
of age to access and view such areas.
3. YOUR
REGISTRATION OBLIGATIONS
In consideration
of your use of the Service, you 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. If you provide any information that
is untrue, inaccurate, not current or incomplete, or ETP Consulting has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, ETP Consulting has the right to suspend or
terminate your account and refuse any and all current or future use
of the Service (or any portion thereof).
4. MEMBER
ACCOUNT, PASSWORD AND SECURITY
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 ETP Consulting 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. ETP Consulting cannot and will not
be liable for any loss or damage arising from your failure to comply
with this Section 5.
5. MEMBER
CONDUCT
You understand
that all information, data, text, software, music, sound, photographs,
graphics, 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 ETP Consulting, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the Service.
ETP Consulting does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under no circumstances
will ETP Consulting 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
to not use the Service to:
| a. |
upload,
post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable; |
| b. |
harm
minors in any way; |
| c. |
impersonate
any person or entity, including, but not limited to, a ETP Consulting
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity; |
| d. |
forge
headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service; |
| e. |
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); |
| f. |
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; |
| g. |
upload,
post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that
are designated for such purpose; |
| h. |
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; |
| i. |
disrupt
the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in
a manner that negatively affects other users' ability to engage
in real time exchanges; |
| j. |
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; |
| k. |
intentionally
or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of law; |
| l. |
"stalk"
or otherwise harass another; or |
| m. |
collect
or store personal data about other users. |
You acknowledge
that ETP Consulting does not pre-screen Content, but that ETP Consulting
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available via
the Service. Without limiting the foregoing, ETP Consulting and its designees
shall have the right to remove any Content that violates the TOS or
is otherwise objectionable. 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 ETP Consulting or submitted to ETP Consulting, including without limitation
information in ETP Consulting Message Boards, ETP Consulting Clubs, and
in all other parts of the Service.
You acknowledge
and agree that ETP Consulting may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of ETP Consulting, its users and
the public.
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.
6. SPECIAL
ADMONITIONS FOR INTERNATIONAL USE
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.
7. CONTENT
SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
ETP Consulting
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 ETP Consulting the following world-wide, royalty free
and non-exclusive license(s), as applicable:
- With
respect to Content you submit or make available for inclusion on publicly
accessible areas of ETP Consulting, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purposes of providing and promoting
the specific ETP Consulting to which such Content was submitted or made
available. This license exists only for as long as you elect to continue
to include such Content on the Service and will terminate at the time
you remove or ETP Consulting removes such Content from the Service.
9. INDEMNITY
You agree
to indemnify and hold ETP Consulting, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOS, or your violation
of any rights of another.
10. NO
RESALE OF SERVICE
You agree
not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or access
to the Service.
11. GENERAL
PRACTICES REGARDING USE AND STORAGE
You acknowledge
that ETP Consulting may establish general practices and limits concerning
use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on the Service,
the maximum size of any email message that may be sent from or received
by an account on the Service, the maximum disk space that will be allotted
on ETP Consulting's servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service
in a given period of time. You agree that ETP Consulting 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 ETP Consulting reserves the right to log off accounts
that are inactive for an extended period of time. You further acknowledge
that ETP Consulting reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS
TO SERVICE
ETP Consulting
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 ETP Consulting shall not be liable to you
or to any third party for any modification, suspension or discontinuance
of the Service.
13. TERMINATION
You agree
that ETP Consulting, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if ETP Consulting believes that you have
violated or acted inconsistently with the letter or spirit of the TOS.
ETP Consulting may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any
provision of this TOS may be effected without prior notice, and acknowledge
and agree that ETP Consulting may immediately deactivate or delete your
account and all related information and files in your account and/or
bar any further access to such files or the Service. Further, you agree
that ETP Consulting shall not be liable to you or any third-party for
any termination of your access to the Service.
14. DEALINGS
WITH ADVERTISERS
Your correspondence
or business dealings with, or participation in promotions of, advertisers
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 ETP Consulting 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.
15. LINKS
The Service
may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because ETP Consulting has no control over such
sites and resources, you acknowledge and agree that ETP Consulting is
not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that ETP Consulting
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available
on or through any such site or resource.
16. MARIHUANA.RO'S
PROPRIETARY RIGHTS
You acknowledge
and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws.
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. Except as expressly authorized
by ETP Consulting or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service
or the Software, in whole or in part.
ETP Consulting
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 ETP Consulting for use in accessing the
Service.
17. DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
| a. |
YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARIHUANA.RO 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. |
| b. |
MARIHUANA.RO
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 SOFTWARE WILL BE CORRECTED. |
| c. |
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. |
| d. |
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM MARIHUANA.RO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS. |
18. LIMITATION
OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT MARIHUANA.RO SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF MARIHUANA.RO HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS
AND LIMITATIONS
SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO
YOU.
20. SPECIAL
ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you
intend to create or join any service, receive or request any news, messages,
alerts or other information from the Service concerning companies, stock
quotes, investments or securities, please read the above Sections 17
and 18 again. They go doubly for you. In addition, for this type of
information particularly, the phrase "Let the investor beware" is apt.
The Service is provided for informational purposes only, and no Content
included in the Service is intended for trading or investing purposes.
ETP Consulting and its licensors shall not be responsible or liable for
the accuracy, usefulness or availability of any information transmitted
or made available via the Service, and shall not be responsible or liable
for any trading or investment decisions made based on such information.
21. NOTICE
Notices
to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
22. TRADEMARK
INFORMATION
ETP Consulting,
the ETP Consulting logo and other ETP Consulting logos and product and service
names are registered trademarks. Without ETP Consulting's prior permission,
you agree not to display or use in any manner, the ETP Consulting Marks.
23. GENERAL
INFORMATION
The TOS
constitute the entire agreement between you and ETP Consulting and govern
your use of the Service, superceding any prior agreements between you
and ETP Consulting. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content
or third-party software. The TOS and the relationship between you and
ETP Consulting shall be governed by the laws the Romanian Republic without
regard to its conflict of law provisions. You and ETP Consulting agree
to submit to the personal and exclusive jurisdiction of the courts located
within the country of Romania. The failure of ETP Consulting to exercise
or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found
by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. 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 TOS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred.
The section
titles in the TOS are for convenience only and have no legal or contractual
effect.
25. VIOLATIONS
Please
report any violations of the TOS to our Customer Care group.
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