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Read This Terms of
Use Agreement Before Accessing mensus.net.
Effective Date:
This Terms of Use Agreement was last updated on Dec 20, 2007.
This Terms of
Use Agreement sets forth the standards of use of the mensus.net
Online Service. By using the mensus.net
website you (the "Member") agree to these terms and
conditions. If you do not agree to the terms and conditions of this
agreement, you should immediately cease all usage of this website. We
reserve the right, at any time, to modify, alter, or update the terms
and conditions of this agreement without prior notice. Modifications
shall become effective immediately upon being posted at the
mensus.net
website. Your continued use of the Service after amendments are
posted constitutes an acknowledgement and acceptance of the Agreement
and its modifications. Except as provided in this paragraph, this
Agreement may not be amended.
1. Description of Service
mensus.net
is providing Member with various services accessed through a browser
and some require the Member to have a valid email account.
Member must provide (1) all equipment necessary for
their own Internet connection, including computer and modem and (2)
provide for Member's access to the Internet, and (3) pay any fees
required for such connection.
2. DISCLAIMER OF WARRANTIES
THE MENSUS.NET
WEBSITE IS PROVIDED BY mensus.net
ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MENSUS.NET
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEB SITE IN TERMS
OF ITS AVAILABILITY,CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
MENSUS.NET
DOES NOT GUARANTEE CONTINUOUS AVAILABILITY AND UNINTERRUPTED
SERVICE. MENSUS.NET
SHALL HAVE NO LIABILITY FOR ANY UNAVAILABILITY OR INTERRUPTIONS IN
THE USE OF THIS WEBSITE. MENSUS.NET
DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION AND SERVICE
PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME
JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES,
THEREFORE THE ABOVE REFERENCED EXCLUSION IS INAPPLICABLE IN THOSE
JURISDICTIONS.
3. LIMITATION OF LIABILITY
mensus.net
SHALL NOT be liable for any damages whatsoever, and in particular
mensus.net
shall not be liable for any special, indirect, consequential, or
incidental damages, or damages for lost profits, loss of revenue, or
loss of use, arising out of or related to this Service or the
information contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law, or otherwise,
even if mensus.net
has been advised of the possibility of such damages. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF
THE ABOVE LIMITATIONS ARE INAPPLICABLE IN THOSE JURISDICTIONS.
4. Indemnification
Member agrees to
indemnify and hold mensus.net,
its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim, demand or action, including reasonable
attorneys' fees and costs, made by any third party due to or arising
out of Member's use of the Service, violation of this Agreement or
any applicable laws or regulations, infringement by Memberof any
intellectual property or any other right of any person or entity, or
otherwise arising out of Member’s actionable use of the
Service. A Member shall be fully responsible for any access and use
of the Service by any third party using Member’s computer or
access code.
5. Modifications and Interruption to Service
mensus.net
reserves the right to modify or discontinue the Service with or
without notice to the Member or to cancel the Service to any Member
in mensus.net' discretion. mensus.net
shall not be liable to Member or any third party should
mensus.net
exercise its right to modify or discontinue the Service. Member
acknowledges and accepts that mensus.net
does not guarantee continuous, uninterrupted or secure access to our
website and operation of our website may be interfered with or
adversely affected by numerous factors or circumstances outside of
our control.
6. Resource Limitations
Since the use of
mensus.net's
servers use actual resources, such as CPU cycles, disk capacity,
etc., mensus.net
reserves the right to limit, or "throttle", resource use.
7. Third-Party Sites
Our website may include
links or access to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge
and agree that you are accessing these third-party websites at your
own risk and that mensus.net
is not responsible for the availability of, or the content located
on or through, any third-party site. You should contact the site
administrator or webmaster for those third-party sites if you have
any concerns regarding such links or the content located on such
sites. Your use of those third-party sites is subject to the terms of
use and privacy policies of each site, and we are not responsible
therein. We encourage all Members to review said terms of use and
privacy policies of third-parties' sites.
8. Governing Jurisdiction of the Courts of the
State of California and Dispute Resolution
Our website is operated
and provided in the State of California. As such, we are subject to
the laws of the State of California and any applicable Federal laws,
and such laws will govern this Terms of Use, without giving effect to
any choice of law rules. We make no representation that our website
or other services are appropriate, legal or available for use in
other locations. Accordingly, if you choose to access our site you
agree to do so subject to the internal laws of the State of
California and any applicable Federal laws.
Any claim or dispute between Member and
mensus.net
that arises in whole or in part from access or use of the
mensus.net
website or otherwise related to this Agement, shall be adjudicated
only in a state or federal court located in the Santa Clara County of
the State of California. Each party consents to the jurisdiction of
such courts over any such case, claim or controversy, to such courts
being the proper venue therefore.
9. Compliance with Laws.
Member assumes all
knowledge of applicable laws and reguilations and is responsible for
compliance with any such laws and regulations. Member may not use the
Service in any way that violates applicable state, federal, or
international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages
conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national,
or international law or regulation. Members are responsible for
acquiring all necessary licenses for files (data or code) that they
upload to servers.
10. Copyright and Trademark Information
All content included or
available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2006, 2007
and 2008 mensus.net,
with all rights reserved, or is the property of mensus.net
and/or third parties protected by intellectual property rights. Any
use of materials on the website, including reproduction for purposes
other than those noted above, modification, distribution, or
replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission
of an authorized officer of mensus.net
or the rightful copyright holder is strictly prohibited. Members
agree that they will not use any robot, spider, or other automatic
device, or manual process to monitor or copy our web pages or the
content contained therein without prior written permission of an
authorized officer of mensus.net.
mensus.net
are proprietary marks of mensus.net’s
owners . mensus.net's trademarks may not be used in connection with
any product or service that is not provided by mensus.net,
in any manner that is likely to cause confusion among customers, or
in any manner that disparages or discredits mensus.net
or otherwise violate applicable intellectual property laws.
All other
trademarks displayed on mensus.net's
website are the trademarks of their respective owners, and constitute
neither an endorsement nor a recommendation of those Vendors. In
addition, such use of trademarks or links to the web sites of Vendors
is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with mensus.net.
11. Other Terms
If any provision of
this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall remain valid and
enforceable to the maximum possible extent. You agree that this Terms
of Use Agreement and any other agreements referenced herein may be
assigned by mensus.net,
in our sole discretion, to a third party in the event of a merger,
acquisition or sale of assets. This Terms of Use Agreement shall
apply in addition to, and shall not be superseded by, any other
written agreement between us in relation to your participation as a
Member, unless the written agreement expressly so state. Member
agrees that by accepting this Terms of Use Agreement, Member is
consenting to the use of their personally identifiable information
and other practices described in our Privacy Policy Statement.
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