- 1. Intellectual Property Notices
- All content on the Site, including the logo, articles, other text and graphics (collectively, the “Site Content”) is the intellectual property of Exclusively@9. The Site Content available on this Site are protected by trademark, trade dress, copyright, and patent laws of the U.S. The Site Content may not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of Exclusively@9. You may view, print, copy, and download portions of the Site Content solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. Exclusively@9 reserves the right to revoke this authorization at any time.
- You may not reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any software except and only to the extent that such activity is expressly permitted by Exclusively@9.
- 2. Service Eligibility
- The Site Content on Exclusively@9 may not be appropriate or functional for use outside the United States of America. Users located outside the United States use Exclusively@9 understanding this limitation.
- 3. General Terms and Conditions
- You must provide correct and complete personal and business information as requested by us in the Exclusively@9 registration process. As part of your use of the Site, you may be required to submit certain content (including any name, contact information, business information, and other personal information) (“User Content”). By submitting any information to us, you represent and warrant that such submission is accurate, complete, current, and is not in violation of any contractual restrictions or other third party rights.
- Exclusively@9 exercises no control over any content you or others submit while using the Site. While we reserve the right to, we are not obligated or responsible for monitoring, editing, screening, or removing any content you or others submit while using the Site. Exclusively@9 has no obligation to verify the identity of any Users when they are connected to Exclusively@9 or to supervise the content which has been provided by Users. We may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise misappropriating your information, you must immediately inform Exclusively@9 by contacting us at firstname.lastname@example.org.
- You are responsible for the security of your password and user ID. Keep your password confidential, do not use other users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach by contacting us at email@example.com, close down your account, or prove that your account security was compromised due to a fault of our systems.
- You are prohibited from selling, trading or otherwise transferring your Exclusively@9 account, any rights that run with the account, or any information therein to another party or charging anyone for access to any portion of Exclusively@9, or any information therein.
- You are prohibited from registering or creating an account for any entity or individual other than yourself, unless you are expressly authorized to create accounts on behalf of the entity or individual.
- 4. Prohibited Conduct
- You expressly agree to refrain from doing, either personally or through an agent, any of the following:
- 1. Use any device, a robot, spider, script, automated process, or manual process or other means to harvest information about other Users, or any content from the Site.
- 2. Transmit, install, upload or otherwise transfer any virus, malware, or other item or process to the Site that in any way affects the use, enjoyment or Service of the Site.
- 3. Transmit, install, upload or otherwise transfer any virus, malware, or other item to the Site that in any way affects the use, enjoyment or service of any User’s or Exclusively@9 employee’s computer or other medium used to access the Site.
- 4. Transmit, install, upload or otherwise transfer any material to the Site that is fraudulent, inaccurate, offensive, violent, lewd, salacious, explicit, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive. Exclusively@9 reserves the sole discretion to determine the nature of the material.
- 5. Transmit, install, upload or otherwise transfer to the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
- 6. Modify the information, including headers, found on the Site.
- 7. Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication, including but not limited to spam, and phishing emails.
- 8. Engage in any action that imposes an unreasonable or disproportionately large load on the Site, or that Exclusively@9 determines is detrimental to the use and enjoyment of the Site.
- 9. Use the Site for any unlawful or defamatory means.
- 10. Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
- 5. Dispute Resolution
- All disputes shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The parties shall appoint a mutually agreeable arbitrator. In the event the parties are unable to agree to a single arbitrator, the dispute shall be submitted to a panel of three (3) arbitrators. Each party shall appoint an arbitrator and the two arbitrators so appointed shall then select a third arbitrator. The arbitrators shall apply applicable federal laws and regulations and the laws of the state of Indiana and shall not use equitable or other principles which would permit the arbitrator to ignore the law. The sole and exclusive location for any arbitration shall be in Indianapolis, Indiana. The decision of the arbitrators shall be binding and conclusive on all parties involved, and judgment upon their decision may be entered in a court of competent jurisdiction. The prevailing party in any such arbitration shall be entitled to collect from the non-prevailing party all costs of the arbitration, including reasonable attorneys’ fees. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis, or on a basis involving claims brought in a purported representative capacity on behalf of others. Nothing in this Section shall limit the right of any party to obtain from a court provisional or ancillary remedies such as, but not limited to, injunctive relief, before, during or after the pendency of any arbitration, or in lieu of such proceedings.
- 6. Indemnity
- YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS EXCLUSIVELY@9 AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY TO OR ARISING OUT OF YOUR USE OF THE SITE, OR YOUR USE OF OR CONNECTION TO EXCLUSIVELY@9 (INCLUDING ANY USE BY YOU ON BEHALF OF A THIRD PARTY). WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
- WE RESERVE THE RIGHT TO DENY SERVICE TO ANYONE, AT ANY TIME, AND FOR ANY REASON, AS ALLOWED BY LAW, OR FOR ANY OTHER REASON.
- 7. Disclaimer of Warranties
- SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
- YOUR USE OF THE SITE, AND THE SITE CONTENT IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION AND EXCLUSIVELY@9 SERVICES (AS DEFINED ABOVE) ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. EXCLUSIVELY@9 DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EXCLUSIVELY@9 MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE, ANY CONTENT ON THE SITE, OR SERVICES.
- EXCLUSIVELY@9 MAKES NO WARRANTY OR REPRESENTATION THAT: (a) EXCLUSIVELY@9 WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF EXCLUSIVELY@9 WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, SITE CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN EXCLUSIVELY@9 WILL BE CORRECTED. IN PARTICULAR, EXCLUSIVELY@9’S OPERATION MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. EXCLUSIVELY@9 DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, EXCLUSIVELY@9 DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE EXCLUSIVELY@9 SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
- YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SITE CONTENT FROM EXCLUSIVELY@9, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
- EXCLUSIVELY@9 IS NOT RESPONSIBLE AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF COMMENTS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH EXCLUSIVELY@9 TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE EXCLUSIVELY@9 SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON EXCLUSIVELY@9 MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
- EXCLUSIVELY@9 DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS EXCLUSIVELY@9 SERVICES BY OTHER USERS; THEREFORE, EXCLUSIVELY@9 DECLINES ALL LIABILITY FOR INACCURATE INFORMATION; FRAUD; NEGLIGENCE; WILLFUL MISCONDUCT; OR ANY OTHER INAPPROPRIATE USE OF EXCLUSIVELY@9.
- EXCLUSIVELY@9 DOES NOT GUARANTEE AND IS NOT OBLIGATED TO GUARANTEE THE AVAILABILITY, ACCESSIBILITY, OR USABILITY OF OUR SITE. EXCLUSIVELY@9, IN OUR SOLE DISCRETION, MAY INTERRUPT THE AVAILABILITY, ACCESSIBILITY, OR USABILITY OF OUR SERVICES, WITHOUT NOTICE, AT ANY TIME, WITHOUT ANY LIABILITY.
- 8. Limitation of Liability
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
- TO THE FULL EXTENT PERMITTED BY LAW, EXCLUSIVELY@9 IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH EXCLUSIVELY@9, EVEN IF EXCLUSIVELY@9 HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE EXCLUSIVELY@9; (b) 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 EXCLUSIVELY@9; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON EXCLUSIVELY@9, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) EXCLUSIVELY@9 CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY OR DISTRIBUTE.
- 9. Termination of Service
- 10. Advertisements and Promotions
- Exclusively@9 may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Exclusively@9 found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Exclusively@9 is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Exclusively@9 advertisers on the Site.
- 11. Third Party Content
- You may find links to other Internet sites or resources on the Site. You acknowledge and agree that Exclusively@9 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Site Content, advertising, products, or other materials on or available from such sites or resources. Exclusively@9 will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Site Content, goods or services available on or through any such site or resource.
- In addition, the Services provided by Exclusively@9 through the Site may require the use of potentially copyrightable material such as photographs, video recordings, audio recordings, and works of authorship. Copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to if they have a good-faith belief that their protected works are being infringed. We will respond to all such notifications that are sent via surface mail or courier to:
- THE GLOBAL COLLABORATION GROUP, LLC
1475 W. OAK ST.
ZIONSVILLE, IN 46077
- Please write: “Infringing Content” on the envelope or cover sheet to speed up processing of your request. To be effective, your notification to us must be in writing and include:
- 1. A physical signature of the owner of an exclusive right that is allegedly infringed, or of a person authorized to act on behalf of the owner;
- 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a sin le site are covered by a single notification, a representative list of such works at that site;
- 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Upon receipt of such notification, we shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After we remove or disable access to such material, we will notify the user who posted such material. The user may then provide our designated agent proper “counter-notification” stating his or her authority to post the allegedly infringing material, which we will forward to the alleged copyright owner.
- An effective counter-notification must be sent via surface mail, courier, or fax to our agent designated above. The counter-notification must be in writing and include the following information:
- 1. The individual’s name, address, and telephone number;
- 2. The individual’s physical signature;
- 3. Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
- 4. A statement, under penalty of perjury, that the individual has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- 5. A statement that the individual consents to the jurisdiction of the United States District Court in his or her district, or if the individual resides in a foreign country, that he or she consents to jurisdiction in any United States District Court where Exclusively@9 is subject to jurisdiction, and that the individual will accept service if process originates from the alleged copyright owner who provided us with notification, or from an agent of such a person.
- 12. Use of Third Party Applications
- From time to time, Exclusively@9 uses third party applications, hardware, software, and services in providing functionality to you. For the purposes of providing functionality to you, including but not limited to email delivery, calendar sharing, and user use data, Exclusively@9 will pass data, including, but not limited to, user login credentials, contact data, email addresses, and other stored information for your clients, guests or event, to third parties. Exclusively@9 is not required to disclose third parties involved in any of the above described transactions or features.
- 13. Controlling Law
- 14. Entire Agreement
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