FlipFocus
Promotion has the right at any time
to change, modify, or discontinue any aspect
or feature of the site, including, without
limitation, the content, hours of availability,
and equipment needed for access or use of the
site. All pages within this website and any
material made available for download are the
property of FlipFocus Promotion. You are responsible
for obtaining and maintaining all connection,
computer hardware and other equipment needed
for access to and use of the website and all
charges related thereto.
FlipFocus Promotion
may update, modify, or otherwise change these
any terms or conditions applicable to this
website, or any part thereof, or to impose
new conditions, including, without limitation, adding fees and charges for
use without prior notice to you. Any updates, modifications, and/or changes
will be fully binding on you from the time of their posting. The most current
version of our Terms of Use on this website is available at all times. You
are urged to review them on a regular basis. Such changes, which may be given
by any means including, without limitation, posting on the site, or by email
or conventional mail, or by any other means. Any use of the website by you
after such notice shall be deemed to constitute acceptance of such changes,
modifications, additions or deletions. Any changes to the Terms of Use modifications,
additions or deletions shall be effective immediately upon notice thereof,
will be binding on you even if you have not read them or are not otherwise
aware of them. Reading these Terms of Use and keeping apprised of all changes
to them is your responsibility.
FlipFocus Promotion reserves the right to
post advertisements, banners, promotions, and
similar content throughout the website. Any
such postings are subject to change. Any interactions,
correspondence, and/or business dealings in
which you engage with any advertisers and other
third parties businesses found on or via FlipFocus
Promotion's website or your participation in
any of their promotions or offers, including
payment and delivery of related goods or services
and any other terms, conditions, guarantees,
warranties, or representations associated with
such interactions, are solely and entirely
between you and the Third Party Businesses.
is not and will not be liable for any harm,
loss, or damage of any kind incurred as a result
of any such interactions, correspondence, or
business dealings.
FlipFocus Promotion reserves
the right, but not the obligation, to monitor the content
of the website, to determine compliance with
these conditions of use and any operating rules
established by and to satisfy any law, regulation
or authorized government request. FlipFocus
Promotion has the right at its sole discretion
to edit, refuse to post or remove any material
submitted to or posted on the site. Without
limiting the foregoing, has the right to remove
any material that , in its sole discretion,
finds to be in violation of the provisions
hereof or otherwise objectionable.
You agree
to defend, indemnify and hold harmless FlipFocus
Promotion and its affiliates and their respective
directors, officers, employees, and/or agents
from and against any and all claims, actions,
demands, damages, costs, liabilities, losses
and expenses (including reasonable attorneys'
fees) arising out of your use of the site.
YOU
EXPRESSLY AGREE THAT USE OF THE WEBSITE IS
AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED
TO YOU ON AN "AS IS" AND "AS
AVAILABLE" BASIS. FLIPFOCUS PROMOTION
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES
OF EVERY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. NEITHER FLIPFOCUS
PROMOTION, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE SITE, OR AS
TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION,
SERVICE OR MERCHANDISE PROVIDED THROUGH THE
SITE. FLIPFOCUS PROMOTION MAKES NO WARRANTY
THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS,
THE WEBSITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, YOUR USE OF THE WEBSITE
WILL ACHIEVE ANY PARTICULAR RESULT, THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL OBTAINED BY YOU THROUGH THE
WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY
THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS)
WILL MEET YOUR REQUIREMENTS, OR ANY ERRORS
IN OUR SOFTWARE WILL BE CORRECTED. ANY MATERIAL
DOWNLOADED AND ANY MATERIAL, PRODUCT, OR SERVICE
OBTAINED THROUGH THE USE OF THE WEBSITE (INCLUDING,
WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES
AND THIRD PARTY ITEMS) IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE
TO YOUR COMPUTER SYSTEM AND ANY OTHER PROPERTY
ITEM THAT RESULTS FROM ANY SUCH ACTIVITY. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM FLIPFOCUS PROMOTION OR
THROUGH OR FROM THE WEBSITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS
OF USE. THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH
ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE
THE WEBSITE TO YOU.
FLIPFOCUS PROMOTION WILL
NOT AND SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES OR INJURY, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES
(EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM:
- ANY USE OR INABILITY TO USE THE SITE;
- 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 SITE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA;
FURTHER, THIS DISCLAIMER OF LIABILITY APPLIES
TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INACCURACY,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF THIS SITE,
WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR
(INCLUDING STRICT LIABILITY), NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT FLIPFOCUS PROMOTION IS NOT
LIABLE FOR DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU.
As a condition to your
use of this website, you represent, warrant,
and guarantee that you will use the website
in compliance with these Terms of Use and all-applicable
laws and regulations.
These terms of use constitute the entire agreement of the parties with respect
to the subject matter hereof and supersede all previous written or oral agreements
between the parties with respect to such subject matter. These terms of use
shall be construed in accordance with the laws of the Commonwealth of Massachusetts.
No waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be given any legal
import.
Copyright 2006 FlipFocus Promotion. All Rights Reserved.
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