1. Introduction
Welcome to the user agreement (hereinafter the "Agreement" or "User Agreement")
for Blog preparation websites, which include, but are not limited to, blogpreparation.com,
all owned by Blog preparation, an Arizona Limited Liability Corporation ("Blog preparation
"). This agreement applies to persons who have purchased a product or service from
a Blog preparation Web site ("Customers"). If you do not agree to be bound by the
terms and conditions of this Agreement, do not use or access Blog preparation
services ("Services") or Blog preparation websites (hereinafter referred to
collectively as "the Site").
2. Binding Nature
You must read, agree to, and accept all of the terms and conditions contained in
this User Agreement and our Privacy Policy, which include those terms and conditions
expressly set out below and those incorporated by reference, before you use our
Site or become a member of Blog preparation. We strongly recommend that, as you
read this User Agreement, you also access and read the information referred to in
this document, as it may contain further terms and conditions that apply to you
as a Blog preparation user.
3. Change Control
Blog preparation reserves the right to change any of the terms and conditions contained
in this Agreement or any policies or guidelines governing the Site or Services,
at any time and in its sole and independent discretion. Any changes will be effective
upon the posting of the revisions on the Site. You are responsible for reviewing
the notice and any applicable changes. Changes to referenced policies and guidelines
may be posted without notice to you. Your continued use of this Site and the Services
following Blog preparation posting of any changes will constitute your acceptance
of such changes or modifications. If you do not agree to any changes to this Agreement,
do not continue to use the Services or this Site.
4. Eligibility
Our services are available only to, and may only be used by, individuals who can
form legally binding contracts under applicable law. Without limiting the foregoing,
our services are not available to children (persons under the age of 18) or to temporarily
or indefinitely suspended Blog preparation affiliates. Competitors are not authorized
to access or use our website without express, written permission from us in advance
of such access. If you do not qualify, please do not use our Site. Further, your
Blog preparation account User ID and password may not be transferred, loaned, given
or sold to another party. If you are registering as a business entity, you represent
that you have the authority to bind the entity to this Agreement.
5. Refund Policy
This Agreement constitutes the entire understanding and Agreement between the parties
and supersedes any and all prior or contemporaneous agreements, understandings,
or contracts, written or oral, entered into between you and Blog preparation with
respect to the subject matter hereof. Blog preparation failure to enforce your strict
performance of any provision of this Agreement will not constitute a waiver of Blog
preparation right to subsequently enforce such provision or any other provision
of this Agreement. No waiver of any breach of this Agreement shall be effective,
unless made in writing and signed by an authorized representative of the waiving
party. Neither your rights nor your obligations arising under this Agreement are
assignable or otherwise transferable by you (whether voluntarily or by operation
of law) without Blog preparation prior expressed, written consent; and any such
prohibited assignment or transfer shall be void and without effect, provided that
if Blog preparation should so consent in writing, the Assignee shall be bound by
all of the Terms and Conditions of this Agreement. You agree to NOT request a chargeback
from your credit card company or our credit card processor. You further agree to
give up all rights of requesting a refund from your credit card if that’s how you
are paying for our services. All refunds, if applicable will be issued by check
from our company, Blog preparation.
6. Customer's Responsibilities
As a Blog preparation Customer you are obligated to read this Agreement before
you purchase anything or provide any information via any of the Blog preparation
Sites. You agree to read and be bound to the terms of this Agreement. Blog preparation
does not offer legal or financial advice concerning the purchase of any of the products
offered via the Site. Nothing in this Agreement is to be interpreted as legal advice
or guidance.
7. Restricted Activities
Your information and activities on the Site shall not: (a) be false, inaccurate
or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited
to, those governing export control, consumer protection, unfair competition, antidiscrimination
or false advertising); (e) be defamatory, trade libelous, unlawfully threatening
or unlawfully harassing; (f) contain any viruses, Trojan horses, or the like, or
other computer programming routines that may damage or interfere with the Site;
and (g) create liability for us or cause us to lose (in whole or in part) the services
of our ISPs or other suppliers. Furthermore, you may not consummate any transaction
on the Site, or that was initiated using our Service, that could cause us to violate
any applicable law, statute, ordinance or regulation.
8. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means
to access the Site for any purpose without our express written permission. Additionally,
you agree that you will not: (i) take any action that we, in our sole discretion,
believe imposes an unreasonably large load on our servers; (ii) copy, reproduce,
modify, create derivative works from, distribute or publicly display any Site content
without the prior expressed written permission of Blog preparation and the
appropriate third party, as applicable; (iii) attempt to interfere with the proper
working of the Site or any activities conducted on the Site; or (iv) bypass any
measures we may use to prevent or restrict access to the Site.
9. Breach
Without limiting other remedies, we may limit your activity, issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership and refuse to provide
our services to you if, within our sole and independent judgment: (a) you breach,
or we anticipate that you are about to breach, this Agreement or the documents it
incorporates by reference; (b) we are unable to verify or authenticate any information
you provide to us; or (c) we believe that your actions may cause financial loss
or legal liability for you, our users or us. We can also terminate this Agreement
at any time, with or without cause.
10. Privacy
We only use your information as described in our Privacy Policy. Our current Privacy
Policy is available here. Blog preparation may change the Privacy Policy in the
future. You should check the Privacy Policy frequently for changes.
11. Intellectual Property
The Site contains intellectual property that is protected by the laws of the United
States as well as international law. You may not publish, re-transmit, distribute,
or otherwise make unauthorized use of the material on the Site except as permitted
under the applicable laws.
12. DMCA Policy
Blog preparation takes claims of copyright infringement very seriously. Our policy
for handling claims of infringement is to have our designated agent review and respond
to notices of infringement by removing from our website any infringing material
when a DMCA compliant notice is provided to us.
13. DMCA Notice
In accordance with the Digital Millennium Copyright Act ("DMCA"), Blog preparation
has designated an agent to receive notification of alleged copyright infringement
occurring on the Site. If you believe that your copyrighted work is being infringed,
notify the designated agent specified below: General Manager Blog preparation ,
Email: blogpreparation@qwest.net The Digital Millennium Copyright Act requires that
all infringement claims must be in writing and must include the following information:
" A description of the copyrighted work claimed to have been infringed; " A description
of the infringing material and information reasonably sufficient to permit Blog
preparation to locate the material; " Your contact information, including
your mailing address, telephone number, and email address; " A statement that you
have a good faith belief that the use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law; " A statement,
under penalty of perjury, that the information in the notification is accurate and
that you are authorized to act on behalf of the copyright owner; and " A physical
or electronic signature of the copyright owner or the person authorized to act on
its behalf.
14. National Do Not Call Registry
Please be advised that if you complete a contact form on the Site, you have expressly
agreed to be contacted via telephone by Blog preparation , regardless of whether
you are listed on the National Do Not Call Registry.
15. Fax Policy
Please be advised that if you provide us with a fax number, you have expressly granted
us the right to contact you via fax.
16. Results May Vary
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS AND PROGRAMS. EXAMPLES
AND TESTIMONIALS ON THE SITE ARE NOT TO BE INTERPRETED AS PROMISES OR GUARANTEES
OF EARNINGS. EARNINGS WILL VARY PER PERSON. Your level of success in attaining the
results claimed in our materials depends on a number of factors, including, but
not limited to, the time you devote to the business, ideas and techniques mentioned,
your finances, knowledge, and various skills. THESE FACTORS VARY ACCORDING TO INDIVIDUALS,
AND THEREFORE, Blog preparation CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR
ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS OR INACTIONS. MANY FACTORS WILL BE IMPORTANT
IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE
RESULTS SIMILAR TO THOSE DESCRIBED ON THE SITE AND IN OUR MATERIALS.
17. No Warranty
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE
OUR WEBSITE AND SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS
AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow
the disclaimer of implied warranties, so the foregoing disclaimer may not apply
to you. This warranty gives you specific legal rights and you may also have other
legal rights that vary from state to state. IN ADDITION, WE SPECIFICALLY DISCLAIM
ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS
BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
ANY IMPLIED WARRANTY ARISING FROM COURSE OR DEALING OR USAGE OF TRADE; AND ANY OBLIGATION,
LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE
OF Blog preparation. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Blog preparation
DISCLAIMS ANY AND ALL SUCH WARRANTIES.
18. General Release
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASE Blog preparation
, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS,
DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND
UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA
CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR." YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND
MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD
NOT HAVE BEEN ENTERED INTO BY Blog preparation.
19. Limitation of Liability
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND
SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD
PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU
PAY TO US IN ANY ONE YEAR OR B) $100.
20. Indemnity
You agree to indemnify and hold us and our officers, directors, agents, employees,
contractors and suppliers, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your breach of
this Agreement or the documents it incorporates by reference, your violation of
any law or the rights of a third party, or any claim or demand alleging such breach
or violation.
21. Dispute Resolution
You agree that any controversy or claim arising out of or relating to this Agreement
and/or your use of the website, except for matters exclusively between registered
or authorized users and not involving Blog preparation , shall be settled by binding
arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration shall be conducted in Richmond,
Virginia, and judgment on the arbitration award may be entered in any court having
jurisdiction thereof. Either you or Blog preparation may seek any interim or preliminary
relief exclusively from a court of competent jurisdiction in Richmond, Virginia
necessary to protect the rights or property of you or Blog preparation pending the
completion of arbitration.
22. Licenses
Blog preparation grants a limited license to each participant to make personal use
only of the Site and the Services in accordance with this Agreement. This license
expressly excludes, without limitation, any reproduction, duplication, sale, resale
or other commercial use of the Site and the Services, making any derivative of the
Site or the Services, the collection and use of participant e-mail addresses or
other participant information, ratings or listings, or any data extraction or data
mining whatsoever. You agree that you will not compile, reproduce, republish or
resell for any commercial purpose any information on our Site and not use any device,
software or routine that may interfere with the operation of the Site.
23. General Provisions
This is the entire Agreement governing the use of the Blog preparation Site. No
delay by either party shall waive rights under this Agreement. This Agreement is
governed by, and to be construed in accordance with, the laws of the State of Arizona,
without regard to that state's conflict of laws provisions. By using the Site you
expressly agree that personal jurisdiction and venue are proper in the state and
federal courts located in the State of Arizona. No waiver of any breach of this
Agreement shall be a waiver of any other provision of this Agreement, and no waiver
shall be valid unless in writing signed by the parties. If any provision of this
Agreement is held invalid, such provision shall be restated to reflect, as nearly
as possible, the original intention of Blog preparation in accordance with applicable
law and the remainder of the Agreement shall remain in full force.
24. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail
to Blog preparation , Blogpreparation LLC P.O.Box 8124 Glendale, AZ 85312 (in the case of Blog
preparation ), or to the email address you provide to Blog preparation during
the registration process (in your case). Notice shall be deemed given 24 hours after
email is sent, unless the sending party is notified that the email address is invalid.
25. Disclaimer
Blog Preparation LLC blogs might host affiliate programs and offers for third party
sellers and/or aggregate traffic to third party sites. All purchases made at these
sites are the sole responsibility of the third party site and the purchaser. The
purchaser should therefore look to that specific retailer/site from whom it purchases
goods or services to establish what warranties, terms and conditions apply to such
purchase. Blog Preparation LLC shall have no liability to any third party purchaser,
and makes no representations or warranties (express or implied) to any third party
purchaser with respect to third party sellers represented in the Blog Preparation
LLC blogs. The items displayed in or the contents of these retailers’ sites and
in particular, without limitation, give no warranties or representations as to merchantability
or fitness for purpose of any goods being sold. In addition, all third party seller
information accessible via this site is provided by the retailers and Blog Preparation
LLC shall have no liability to any user, and does not represent or warrant to any
user, that any information accessible via this site is accurate, complete or current.
For the further avoidance of doubt, Blog Preparation LLC does not exercise any editorial
control over sellers' sites.
Except as specifically stated by Blog Preparation LLC on this site and so far as
permitted by law, Blog Preparation LLC will not be liable for any damages arising
out of or in connection with the use of the Blog Preparation LLC virtual products
and blogs.
Security
The security of information or payments transmitted via the Internet cannot be guaranteed.
Any losses incurred or sustained by users who transmit information by means of e-mail
or other Internet link shall be borne solely and exclusively by such users and in
no event shall any losses in whole or part be borne by Blog preparation LLC.
Copyright and Trade Marks
All text and graphics in, and the design of, this Web site are protected by copyright
and other intellectual property rights. Permission is granted to users of the site
to electronically copy and to print in hard copy portions of this Web site for the
sole purpose of using this Web site as a shopping resource. Any other use or copying
of material on this Web site is strictly prohibited.
The Blog Preparation name is the unregistered trademark of Blog Preparation LLC
Other product and company names appearing on the Blog Preparation LLC may be the
trade marks or registered trade marks of their respective owners. No permission
is granted in respect of the use of any of the above; such use may constitute an
infringement of the holders' rights.
Indemnity
As a user of the Blog Preparation LLC site you agree to indemnify Blog Preparation
LLC against claims, losses, expenses or liabilities which it may incur as a result
of your misuse or unlawful use of the Blog Preparation LLC site or the server on
which it is located including, without limitation, arising from any spamming activity,
defamatory statements, use of pornography, explicit and inflammatory language, or
infringement of intellectual property or other third party rights carried out by
you or for which you are responsible.
Content and Guest Comments
The opinions expressed by the blog writers, or any employee thereof, are their sole
responsibility. Blog Preparation LLC is not responsible for the accuracy of any
of the information supplied by those who write or comment on these blog. Blog posts,
articles, comments or content may not be reproduced or republished without express
written permission from the blog owner. Blog owners and Blog Preparation LLC reserve
the right to remove or edit any blog comments that are found to be offensive, or
inappropriate to the common interests of the client and Blog preparation LLC.
Governing Law and Jurisdiction
These disclaimer and indemnity provisions shall be governed by the laws of the United
States of America and its courts who shall have exclusive jurisdiction to all matters
relating to these terms.