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Terms & Conditions
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Terms & Conditions
IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE,
WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE
INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.
THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS
DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED
CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE
CONSULT THESE TERMS OF USE REGULARLY. Language It is the express wish of
the parties that the Terms of Use and all related documents have been drawn
up in English. This Web site is provided by a third party service provider to
REF (the "Rare Earth Finds Web Site", “REF” or "we and our company").
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU
ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB
SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB
SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD
ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
To access this site or some of the resources it has to offer, you may be
asked to provide certain registration details or other information. It is
a condition of your use of this site that all the information you provide
on this site will be correct, current, and complete. If our Company
believes the information you provide is not correct, current, or complete,
we have the right to refuse you access to this site or any of its
resources, and to terminate or suspend your access at any time, without
notice. See our Privacy Policy.
Restrictions On Use
You may use this site for purposes expressly permitted by this site. You
may not use this site for any other purpose, including any commercial
purpose, without our Company's express prior written consent. For
example, you may not (and may not authorize any other party to) (i)
co-brand this site, or (ii) frame this site, or (iii) hyper-link to this
site, without the express prior written permission of an authorized
representative of our Company. For purposes of these Terms of Use,
"co-branding" means to display a name, logo, trademark, or other means of
attribution or identification of any party in such a manner as is
reasonably likely to give a user the impression that such other party has
the right to display, publish, or distribute this site or content
accessible within this site. You agree to cooperate with our Company in
causing any unauthorized co-branding, framing or hyper-linking immediately
to cease.
Proprietary Information
The material and content (hereinafter referred to as the "Content")
accessible from this site, and any other World Wide Web site owned,
operated, licensed, or controlled by our Company is the proprietary
information of our Company or the party that provided the Content to our
Company, and our Company or the party that provided the Content to our
Company retains all right, title, and interest in the Content.
Accordingly, the Content may not be copied, distributed, republished,
uploaded, posted, or transmitted in any way without the prior written
consent of our Company, or unless authorized in writing elsewhere on our
site, except that you may print out a copy of the Content solely for your
personal use. In doing so, you may not remove or alter, or cause to be
removed or altered, any copyright, trademark, trade name, service mark, or
any other proprietary notice or legend appearing on any of the Content.
Modification or use of the Content except as expressly provided in these
Terms of Use violates our Company's intellectual property rights. Neither
title nor intellectual property rights are transferred to you by access to
this site.
Website Unavailability
REF does not accept responsibility in the event that
the website is unavailable to you due to any computer downtime, malfunction
or such other event outside the control of REF.
Hyper-Links
This site may be hyper-linked to other sites which are not maintained by,
or related to, our Company. Hyper-links to such sites are provided as a
service to users and are not sponsored by or affiliated with this site or
our Company. Our Company has not reviewed any or all of such sites and is
not responsible for the content of those sites. Hyper-links are to be
accessed at the user's own risk, and our Company makes no representations
or warranties about the content, completeness or accuracy of these
hyper-links or the sites hyper-linked to this site. Further, the
inclusion of any hyper-link to a third-party site does not necessarily
imply endorsement by our Company of that site.
Submissions
You hereby grant to REF the royalty-free, perpetual, irrevocable,
worldwide, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
perform, and display all content, remarks, suggestions, ideas, graphics,
or other information communicated to our Company through this site
(together, hereinafter known as the "Submission"), and to incorporate any
Submission in other works in any form, media, or technology now known or
later developed. Our Company will not be required to treat any Submission
as confidential, and may use any Submission in its business (including
without limitation, for products or advertising) without incurring any
liability for royalties or any other consideration of any kind, and will
not incur any liability as a result of any similarities that may appear in
future Company operations.
Our Company will treat any personal information that you submit through
this site in accordance with its Privacy Policy as set forth on this site. Disclaimer
You understand that REF cannot and does not guarantee or warrant
that files available for downloading from the Internet will be free of
viruses, worms, Trojan horses or other code that may manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to this site for the reconstruction of any
lost data. Our Company does not assume any responsibility or risk for
your use of the Internet.You must consult your own health, legal, finance
consultants, we do not offer that realm of expertise, nor guarantee Success
of future results with any Internet business
The Content is not necessarily complete and up-to-date and should not be
used to replace any written reports, statements, or notices provided by
Company. Investors, borrowers, and other persons should use the Content
in the same manner as any other educational medium and should not rely on
the Content to the exclusion of their own professional judgment.
Information obtained by using this site is not exhaustive and does not
cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided "AS
IS" and without warranties of any kind, either expressed or implied. Our
Company disclaims all warranties, including any implied warranties of
merchantability, fitness for a particular purpose, TITLE, OR
NON-INFRINGEMENT. Our Company does not warrant that the functions OR
CONTENT contained in this site will be uninterrupted or error-free, that
defects will be corrected, or that this site or the server that makes it
available are free of viruses or other harmful components. Our Company
does not warrant or make any representation regarding use, or the result
of use, of the content in terms of accuracy, reliability, or otherwise.
The content may include technical inaccuracies or typographical errors,
and Company may make changes or improvements at any time. You, and not
our Company, assume the entire cost of all necessary servicing, repair or
correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS
SITE OR ITS CONTENT. Our COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE
CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or
forward-looking, speaks only as of the date the information is posted on
this site, and Company does not undertake any obligation to update such
information after it is posted or to remove such information from this
site if it is not, or is no longer, accurate or complete.
Limitation On Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE
LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF
REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR
DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE
GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE
CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
International Use
This website may be accessed throughout the world. REF makes
no representation that the material on this website
complies with the laws of your country. Those who choose to access this Site
from other locations do so of their own initiative and areresponsible for
compliance with all applicable laws in the place where they are located.
These references do not imply that REF intends to announce such
products, services, or programs in your country.
The Site is operated, and administered by REF from its offices within the
United States of America. REF makes no representation that the Site,
or the Services or Materials available through it, are appropriate or
available for use at other locations outside the United States, and
access to the Site from territories where the Site or any of its Services
or Materials are illegal is prohibited. If you access the Site from a
location outside the United States, you are responsible for compliance
with all local laws and international laws.
Acceptance Of Orders
Payment shall be made by a credit card or some other
pre-arranged method of payment acceptable to the Rare Earth Finds Web site.
Your receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute
confirmation of the order or our offer to sell. We reserve the right, without
prior notification, to accept or decline your order or limit the order
quantity for any reason. Where payment is made by credit card, such payment
is subject to the approval of the financial institution
issuing the credit card and we shall not be liable in any way if such financial
institution refuses to accept or honor the credit card for any reason.
Pricing and Availability Information:
Pricing and availability as set forth in the Rare Earth Finds Web site are
subject to change without notice, limited resources and quantities, and may
not be available in all countries. The Rare Earth Finds Web site may contain
references to Rare Earth Finds products, services and programs that have not
been announced in your country. These references do not imply that
Rare Earth Finds intends to announce or make available such products, services
or programs in your country. Further, the Rare Earth Finds Web site may
contain references to future planned Rare Earth Finds products. Such products
are only planned and may not actually be produced. Any planned ship dates
mentioned in reference to such future products are estimated ship dates only,
and are not guaranteed. |
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Third Party Company and Products (Real and Fictitious):
Mention of third party companies and products on the Rare Earth Finds
Web site is for informationalpurposes only and constitutes neither
an endorsement nor a recommendation. All third party products
must be ordered directly from vendor, and all licenses and warranties,
if any take place between you and the vendor. Persons and
companies listed in the examples on the Rare Earth Finds Web site may be
fictitious, and resemblance to existing persons and companies is purely
coincidental.
Use of software.
The software and/or accompanying documentation that is
made available to download from this Site is the copyrighted and/or
patented work of REF and/or its suppliers. Use of the software is governed
by the terms of the license agreement that accompanies or is
included with such software.
Export control laws; notice to U.S. government users
The export and re-export of REF and/or its suppliers software products
are controlled by the United States Export Administration
Regulations, and such software may not be exported or re-exported to Cuba,
Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country
to which the United States embargoes goods. In addition, software may not
be distributed to persons on the Table of Denial Orders, the
Entity List, or the List of Specially Designated Nationals. By downloading an REF and/or its suppliers software product you are certifying
that you are not a national of Cuba, Iran, Iraq, Libya, North Korea,
Sudan, Syria, or any country to which the United States embargoes goods,
and that you are not a person on the Table of Denial Orders, the
Entity List, or the List of Specially Designated Nationals.
All products and publications are commercial in nature. The software
and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer
Software" and "Commercial Computer Software Documentation,"
as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as
applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are
licensed to U.S. Government end users (A) only as Commercial Items and (B)
with only those rights as are granted to all other end users
pursuant to the terms and conditions herein. Indemnity
You will indemnify and hold Company, its subsidiaries, affiliates,
licensors, content providers, service providers, employees, agents,
officers, directors, and contractors (hereinafter known as the
"Indemnified Parties") harmless from any breach of these Terms of Use by
you, including any use of Content other than as expressly authorized in
these Terms of Use. You agree that the Indemnified Parties will have no
liability in connection with any such breach or unauthorized use, and you
agree to indemnify any and all resulting loss, damages, judgments, awards,
costs, expenses, and attorney's fees of the Indemnified Parties in
connection therewith. You will also indemnify and hold the Indemnified
Parties harmless from and against any claims brought by third parties
arising out of your use of the information accessed from this site.
Trademarks
Trademarks, service marks, and logos appearing in this site are the
property of Company or the party that provided the trademarks, service
marks, and logos to Company. Company and any party that provided
trademarks, service marks, and logos to Company retain all rights with
respect to any of their respective trademarks, service marks, and logos
appearing in this site.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with
this site any material that:
· you do not have the right to post, including proprietary material
of any third party;
· advocates illegal activity or discusses an intent to commit an
illegal act;
· is vulgar, obscene, pornographic, or indecent;
· does not pertain directly to this site;
· threatens or abuses others, libels, defames, invades privacy,
stalks, is obscene, pornographic, racist, abusive, harassing, threatening
or offensive;
· seeks to exploit or harm children by exposing them to
inappropriate content, asking for personally identifiable details or
otherwise;
· infringes any intellectual property or other right of any entity
or person, including violating anyone copyrights or trademarks or their
rights of publicity;
· violates any law or may be considered to violate any law;
· impersonates or misrepresents your connection to any other entity
or person or otherwise manipulates headers or identifiers to disguise the
origin of the content;
· advertises any commercial endeavor (e.g., offering for sale
products or services) or otherwise engages in any commercial activity
(e.g., conducting raffles or contests, displaying sponsorship banners,
and/or soliciting goods or services) except as may be specifically
authorized on this site;
· solicits funds, advertisers or sponsors;
· includes programs which contain viruses, worms and/or Trojan
horses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications;
· disrupts the normal flow of dialogue, causes a screen to scroll
faster than other users are able to type, or otherwise act in a way which
affects the ability of other people to engage in real time activities via
this site;
· includes MP3 format files;
· amounts to a 'pyramid' or similar scheme;
· disobeys any policy or regulations established from time to time
regarding use of this site or any networks connected to this site; or
· contains hyper-links to other sites that contain content that
falls within the descriptions set forth above.
Although under no obligation to do so, our Company reserves the right to
monitor use of this site to determine compliance with these Terms of Use,
as well the right to remove or refuse any information for any reason.
Notwithstanding these rights, you remain solely responsible for the
content of your submissions. You acknowledge and agree that neither
Company nor any third party that provides Content to Company will assume
or have any liability for any action or inaction by Company or such third
party with respect to any submission.
Security
Any passwords used for this site are for individual use only. You will be
responsible for the security of your password (if any). Company will be
entitled to monitor your password and, at its discretion, require you to
change it. If you use a password that Company considers insecure, Company
will be entitled to require the password to be changed and/or terminate
your account.
You are prohibited from using any services or facilities provided in
connection with this site to compromise security or tamper with system
resources and/or accounts. The use or distribution of tools designed for
compromising security (e.g., password guessing programs, cracking tools or
network probing tools) is strictly prohibited. If you become involved in
any violation of system security, Company reserves the right to release
your details to system administrators at other sites in order to assist
them in resolving security incidents. Company reserves the right to
investigate suspected violations of these Terms of Use.
Company reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing Company to disclose the
identity of anyone posting any e-mail messages, or publishing or otherwise
making available any materials that are believed to violate these Terms of
Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS REF FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF
ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER [COMPANY] OR LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws
of San Diego, United States of America, notwithstanding any principles of
conflicts of law. You specifically consent to personal jurisdiction in
San Diego, in connection with any dispute between you and Company arising out
of these Terms of Use or pertaining to the subject matter hereof. The
parties to these Terms of Use each agree that the exclusive venue for any
dispute between the parties arising out of these Terms of Use or
pertaining to the subject matter of these Terms of Use will be in the
state and federal courts in San Diego, California. If any part of these Terms
of Use is unlawful, void or unenforceable, that part will be deemed severable
and will not affect the validity and enforceability of any remaining
provisions. These Terms of Use constitute the entire agreement among the
parties relating to this subject matter. Notwithstanding the foregoing,
any additional terms and conditions on this site will govern the items to
which they pertain. REF may revise these Terms of Use at any time by
updating this posting. Contact Us or use snail mail:
Rare Earth Finds POBox 2132, La Mesa, CA 91943-2132.
Last updated: January 17, 2005.
© 2005 by Rare Earth Finds, LLC. |
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