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Terms and Conditions

Written by Administrator   
Tuesday, 28 April 2009 20:26

Terms and Conditions

 

LEGAL DISCLAIMERS

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS INTERNET SITE (”SITE”). BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS SITE.

  1. OptimalGuidance.com may alter, suspend, or discontinue this Site at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

  2. By using this Site, you agree to indemnify, hold harmless and defend the owner(s) and operator(s) of OptimalGuidance.com from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that alleges injury, damage or harm in whole or in part arising from the provision by you of information from, or claimed to be from, this Site, or that in any way arises from your use of this Site or information provided by this Site in violation of these terms.

  3. In the event that any Products or Services are incorrectly or erroneously marked or in the event that the shopping cart or payment processing system incorrectly or erroneously charges the wrong amount, OptimalGuidance, Inc. maintains the right to charge the difference between the correct price and that which was incorrectly or erroneously charged. In the event that the customer does not wish to pay the correct price OptimalGuidance, Inc., may at its discretion, void the transation and return the paid funds to the customer.



COPYRIGHT AND TRADEMARK INFORMATION
  1. This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, tutorials, tips, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), is the property of OptimalGuidance, Inc. and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the site are owned by third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of the owner(s) or operator(s) of OptimalGuidance.com or such third party that may own the trademark or copyright of material displayed on this Site. To seek permission to republish any content please contact us.

  2. Subject to your full compliance with these terms visitors to this site are authorized to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.


DISCLAIMER OF WARRANTIES

 

  1. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OWNER(S) AND OPERATOR(S) OF OPTIMALGUIDANCE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, BUT WITHOUT LIMITATION, OPTIMALGUIDANCE.COM DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR- FREE; OR (iii) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


RESPONSES TO ONLINE REQUESTS

 

  1. From time to time, OptimalGuidance.com may offer to provide information or materials via email or otherwise to interested persons. OptimalGuidance.com reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.

 

LIMITATIONS OF LIABILITY

 

  1. UNDER NO CIRCUMSTANCES SHALL THE OWNER(S) AND OPERATOR(S) OF OPTIMALGUIDANCE.COM BE LIABLE FOR ANY DAMAGES, INCLUDING INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES OR FOR LOST PROFITS OR LOSS OF USE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN IF THE OWNER(S) AND OPERATOR(S) OF OPTIMALGUIDANCE.COM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE EXCEED $1.


INDEMNIFICATION

  1. You agree to indemnify, defend and hold harmless OptimalGuidance.com, its owners, officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

 

JURISDICTIONAL ISSUES

 

  1. OptimalGuidance, Inc. makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


 

LINKS TO OTHER SITES

 

  1. This Site may contain links to third-party sites. These links are provided to you only as a convenience. Such linked sites are not under the control of OptimalGuidance.com and OptimalGuidance.com is not responsible for the contents of any linked site, or any link contained in a linked site. The inclusion of any link does not imply endorsement by OptimalGuidance.com of the site, and the owner(s) and operator(s) of OptimalGuidance.com shall have no responsibility for information which is referenced by or linked to this Site.

 

SUBMISSIONS TO OPTIMALGUIDANCE.COM AND AFFILIATED SERVERS

 

  1. Information, including but not limited to tutorials, how-to guides, tips, remarks, suggestions, ideas, graphics, or other submissions, communicated to OptimalGuidance.com through this Site does not create a confidential relationship between you and OptimalGuidance.com. Any electronic communication between you and OptimalGuidance.com will not be privileged or confidential; may be disclosed to other persons; and may not be secure. Therefore, you should not send any email or submit any form to OptimalGuidance.com that contains confidential or sensitive information. Further, all information submitted, including but not limited to tutorials, how-to guides, tips, remarks, suggestions, ideas, graphics, or other submissions is the exclusive property of OptimalGuidance.com, even if you are the original author. By submitting  content to OptimalGuidance.com you relinquish all rights and ownership of your submission. OptimalGuidance.com is entitled to use any information submitted for any purpose, without restriction (except as stated in the Privacy Policy) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to OptimalGuidance.com and accepts responsibility for its accuracy, appropriateness, and legality.


REVENUE SHARING

  1. The Service includes a feature allowing Users to receive a share of revenue generated from advertising published on user submitted content such as tutorials, How-To Guides and tips (the “Revenue Sharing Program”).  Use of the Revenue Sharing Program requires that the User maintain a valid Google AdSense account, and that the User meets Google’s guidelines.  OptimalGuidance is not responsible for (a) cancellation of a User’s Google AdSense account due to any breach by or on behalf of the User by the terms of service of Google AdSense; (b) the consequences of Google AdSense publisher IDs that are entered invalidly; or (c) the irregular display of your publisher ID.
  2. The Revenue Sharing Program uses a random function to select whether the publisher ID shown next to your content is the OptimalGuidance.com publisher ID or the User publisher ID, with a goal that the OptimalGuidance.com and User publisher ID’s will each be displayed on half of all displays of your submitted content.  You acknowledge that the nature of the function may not guarantee an exact 50/50 split.  You acknowledge that Google AdSense pays on the basis of clicks on advertisements displayed, and that OptimalGuidance.com has no control over which publisher ID is displayed when a user of OptimalGuidance.com clicks on an advertisement.
  3. You also acknowledge that OptimalGuidance.com is not obligated to provide this service. Revenue Sharing Program is provided as a benefit and not a right to users who submit content to OptimalGuidance.com. The ratio of the split between OptimalGuidance.com and the User may be changed at any time by OptimalGuidance.com.
  4. Users may opt out of the Revenue Sharing Program at any time.

 

ENFORCEMENT OF TERMS AND CONDITIONS

 

  1. These Terms are governed and interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law.

  2. All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Cook County, Illinois, U.S.A. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Illinois. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, OptimalGuidance.com shall be entitled to seek injunctive relief, other equitable remedies and/or damages from the United States Federal District Court or any other court of competent jurisdiction for the infringement of any intellectual property assets.

  3. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. OptimalGuidance.com may, at their sole discretion and without notice, revise these terms at any time by updating this posting.


MISCELLANEOUS

  1. Any rights not expressly granted herein are reserved.

 

ENTIRE AGREEMENT

 

  1. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by OptimalGuidance.com, as described above.

 


Please be aware that all content submitted and published becomes the intellectual property of OptimalGuidance.com and may not redistributed afterwards wihout our permission. In other words, if we publish it, you give up your rights as an author regarding this content. Also, please be aware that your participation in our revenue sharing program may be terminated at any time, for any reason. Also, the terms and conditions are subject to change. This is unlikely, but there is always a chance something might change.



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