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Use of Site.
Content on the Site may be displayed and printed solely for your personal, non-commercial use. You may not reproduce, copy, sell, resell or otherwise exploit this Site, or any portion of this Site, without the express prior written consent of Opportunity Engine, Inc. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). We reserve the right to refuse service, terminate accounts, and/or cancel orders in our sole discretion. You are responsible for maintaining the confidentiality of your password(s). In the event of a breach of security through your account, you will be liable for unauthorized use until you notify us at email@example.com
You are responsible for obtaining access to the Site and understand that access may involve third party fees (such as Internet services provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.
Fees and Transactions for Service.
Opportunity Engine, Inc. reserves the right to charge you fees for access to imanifest.biz site portfolio features. In order to use the portfolio features you will be required to register and create an account using the imanifest.biz online registration form. All registration information provided by you must be accurate and updated. If any of your registration information changes, you can update it by visiting our Edit Portfolio page. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. Opportunity Engine, Inc. reserves the right to change the amount of, or basis for determining, any fees, and to institute new fees, effective upon prior notice to you.
In order to set up an account with imanifest.biz you may be asked to provide valid credit card information. By submitting such credit card information, you give Opportunity Engine, Inc. permission to charge all fees incurred through your account to the credit card you designate on the Registration Form. All fees (other than renewal fees) will be charged at the time they are incurred.
Your right to use the portfolio features is subject to any restrictions established by Opportunity Engine, Inc. or by your credit card issuer. If payment cannot be charged to your credit card or your payment is returned for any reason, including charge back, Opportunity Engine, Inc. reserves the right to either suspend or terminate your account.
Non-Transferability of Subscription.
Your right to use this Site is personal to you and you may not sub-license, transfer, sell or assign this Agreement to any third party without our approval. Any attempt to do so will be void.
Subscription Renewal and Cancellation.
DISCLAIMER OF UNAUTHORIZED ACCESS:
It is possible that unauthorized users, unauthorized programmers or unauthorized "hackers" may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such materials. It may also be possible for unauthorized users, unauthorized programmers or unauthorized "hackers" to obtain personal information about you. By using the Site, you assume the risk of such occurrences.
You agree not to submit, publish or display on the Site any defamatory, abusive, obscene, threatening, racially or sexually offensive or illegal material, or any material that infringes or violates another party's rights. You agree not to target imanifest.biz, Opportunity Engine, Inc. or any other user with the intent to cause harm, distress, embarrassment or other discomfort. You agree to use the Site in a manner consistent with applicable laws and regulations. You agree not to use a false e-mail address, impersonate any person or entity, utilize more than one screen name, or otherwise mislead as to the origin of content. If you violate these terms Opportunity Engine, Inc. may, with or without prior warning, terminate your account without compensation.
Liability and Indemnification.
You agree to defend, indemnify and hold harmless Opportunity Engine, Inc., its subsidiaries, affiliates, officers, directors, employees, agents and licensees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), arising out of or relating to your use of the Site.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL OPPORTUNITY ENGINE, INC., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, including but not limited to reliance on information obtained on the Site, mistakes, omissions, interruptions, deletion of files or electronic mail, loss of or damage to data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Opportunity Engine, Inc.’s records, programs or services. It is agreed that if you elect to entrust Opportunity Engine, Inc., imanifest.biz, its employees or agents with your personal information and property (including electronic file information, .jpg files and mp3 files), you assume any and all risk (including but not limited to claims based on monetary damages, property damage, theft, electronic file damage or public liability damage). Additionally, Opportunity Engine, Inc., and their officers, directors and agents, shall be held harmless for any resultant loss incurred by your election to entrust said property to Opportunity Engine, Inc., imanifest.biz, its employees or agents.
In connection with the services provided generally under this Agreement and specifically by Opportunity Engine, Inc. through imanifest.biz, in no event shall Opportunity Engine, Inc. be liable to you for damages to any property or person or for indemnification in an amount greater than the amount paid by you in connection with the performance of such services by Opportunity Engine, Inc. whose actions or omissions are the basis for such damages or indemnification provided, however, that Opportunity Engine, Inc. shall not be liable for any damages whatsoever caused by any acts or omissions beyond its control or not due to its fault, or for any special or consequential damages, loss of profits, interest, penalties or fines; and provided further, that if you request or direct that Opportunity Engine, Inc. perform an act or omit the performance of an act, and if Opportunity Engine, Inc. performs or omits the performance of such act as directed or requested, or if you approve, affirm or ratify the performance or omission of any act of Opportunity Engine, Inc., then notwithstanding anything in any section of this Agreement, you shall have no claim against Opportunity Engine, Inc. for liability or indemnification in connection with such act or omission to act. YOU HEREBY ACKNOWLEDGE THAT THESE PROVISIONS WILL APPLY WHETHER OR NOT OPPORTUNITY ENGINE, INC. IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THESE PROVISIONS WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM OPPORTUNITY ENGINE, INC., IMANIFEST.BIZ OR ITS SUBSIDIARIES AND AFFILIATES.
Opportunity Engine, Inc. shall have the right to defend, or cause you to defend, any claim for indemnification and you shall extend reasonable cooperation in connection with such defense, which shall be at Opportunity Engine, Inc.’s expense. Opportunity Engine, Inc. or its designated representative shall also have the sole right to settle any such claim for indemnification if such settlement includes a complete release of Opportunity Engine, Inc. You may at your own expense participate in the defense of any such claim for indemnification if its position is not materially inconsistent with that of Opportunity Engine, Inc. and if in its reasonable judgment such claim or the resolution thereof would have an ongoing material effect on you. In the event Opportunity Engine, Inc. fails to defend the same within a reasonable length of time, you shall be entitled to assume the sole defense thereof. Opportunity Engine, Inc. shall not be liable to repay you for any expenses incurred in connection with said defense (including attorneys’ fees and settlement payments ) if it is determined that such request for indemnification was proper.
Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF OUR WEB SITE IS AT YOUR OWN RISK. OUR WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM 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.
WE MAKE NO WARRANTY THAT (i) OUR WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM OUR SITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
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 may not apply to you.
The content displayed on the Site, including without limitation text, graphics, logos, images, artwork, audio files, video files, digital downloads, data compilations, trademarks, service marks and software, is the exclusive property of Opportunity Engine, Inc. or its content suppliers and is protected by copyright, intellectual property and/or trademark laws.
Opportunity Engine, Inc. and imanifest.biz respect the intellectual property of others and we require our users to do the same. If you believe that your copyrighted work has been copied and is accessible on our web site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
(i) An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
(ii) A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
(iii) Identification of the location where the original or an authorized copy of the copyrighted work exists, for example, the URL (i.e., web page address) where it is posted or the name of the book in which it has been published.
(iv) Identification of the URL or other specific location on the Site where the material you claim is infringing is located, including enough information to allow us to locate the material.
(v) Your name, address, telephone number and e-mail address.
(vi) A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
(vii) A signed statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the author's behalf.
The imanifest.biz copyright agent is Peter Salter, Chief Executive Officer, who can be reached as follows:
Name: Peter Salter
Address: 4820 South Martin Luther King Drive, Suite 3B, Chicago, IL 60610
Editing, Deleting and Modification.
We reserve the right (but not the obligation) in our sole discretion to monitor, edit or delete any documents, activity, information or other content appearing on the Site. If you post content of submit material, and unless we indicate otherwise, you grant Opportunity Engine, Inc., imanifest.biz and its affiliates a royalty-free, non-exclusive worldwide right and license, but not the obligation, to post, display, exhibit, reproduce, mechanically reproduce, modify, adapt, translate, encode, print, distribute, transmit, retransmit, stream, archive, stream on-demand, make available digitally for download and publicly perform, broadcast, rebroadcast, and webcast through any use of Internet based protocols, distribute in any media through any electronic, wireless or broadband means, now known or hereafter devised, electronically publish and synchronize with visual images, electrically transcript, your content and other materials.
You agree that we may disclose electronic mail or other postings as required by law or legal officials. YOU AGREE THAT ANY AND ALL ELECTRONIC MAIL AND OTHER POSTINGS SENT OR RECEIVED BY YOU ARE TO BE IN THE PUBLIC DOMAIN AND READILY ACCESSIBLE TO THE PUBLIC.
Commerce on our Web Site.
You may have opportunities to order and purchase merchandise or services through the Site. All transactions relating to merchandise or services offered by any party other than imanifest.biz and Opportunity Engine, Inc. are solely between the seller and you, and you acknowledge that Opportunity Engine, Inc., imanifest.biz and its subsidiaries and affiliates make no warranties or representations with regard to such merchandise and/or services.
The Site may contain links to other web sites or resources. Opportunity Engine, Inc. and imanifest.biz are not responsible for the content or operation of such other web sites or resources, and shall have no liability in connection with them.
Severability. If any term or provision of this Agreement shall be found to be illegal or otherwise unenforceable, the same shall not invalidate the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary by the adjudication to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties herein set forth.
Associated Legal Provisions.
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