IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE. ScottsWebTips MAKES THE SITE CONTENT AND INFORMATION ON THE SITE AVAILABLE TO YOU CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS WITHOUT MODIFICATION.
THESE TERMS APPLY TO ALL USERS, INCLUDING VISITORS TO THE SITE, AND REGISTERED MEMBERS. IF YOU WISH TO BECOME A REGISTERED USER AND MAKE USE OF ScottsWebTips SERVICES, YOU MUST READ THIS AGREEMENT AND ALSO INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.
#1 No warranties
This website is provided “as is” without any representations or warranties, express or implied. ScottsWebTips makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, ScottsWebTips does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
MOREOVER, THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM ScottsWebTips.com, ITSUSERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY. YOU USE THE SITE AND CONTENTAT YOUR OWN RISK.
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WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE CONTENT.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, ScottsWebTips.com MAKES NOREPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENTINCLUDED ON THE SITE. ScottsWebTips.com MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE,SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ScottsWebTips.com EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOTLIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE,USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ONIMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOTAPPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF CONTENT AND OTHER MATERIAL, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
Without limiting any of the foregoing, ScottsWebTips.com makes the following specific disclaimers for the following categories of information:
INVESTMENT & FINANCIAL INFORMATION: The Content located on the Site should not be interpreted as financial or investment advice nor should it be interpreted as creating any kind of investment advisor or financial advisor relationship. You should NOT rely upon the financial and investment information or opinions provided herein and you should conduct your own independent research and consult with your personal investment advisor before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions or actions you take. Neither ScottsWebTips.com, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your financial/investment decisions based upon, or the results obtained from, the Content on the ScottsWebTips.
LEGAL INFORMATION: The Content located on the Site should not be interpreted as legal advice nor should it be interpreted as creating any kind of attorney-client or legal advisor relationship. You should NOT rely upon the legal information or opinions provided and you should consult with your personal legal advisor; this Site is not a substitute for an in-person consultation with an attorney, as the applicability of the legal principles discussed at this Website may differ substantially in individual situations or in different states or countries. You are solely responsible for any legal decisions or actions you take or omissions you commit. Neither ScottsWebTips.com, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your legal decisions based upon, or the results obtained from, the Content on the ScottsWebTips.
#2 Prohibited Uses
Breach of Terms and Member Termination. The uses of ScottsWebTips.com Services set forth in this section herein below are prohibited. The engaging in any prohibited use as set forth herein by Member or by any affiliate or member of Member (as determined in the sole discretion of ScottsWebTips.com) constitutes a material breach of these Terms and will subject Member’s account to immediate termination without notice. (your IP will be blocked)
Gengeral. ScottsWebTips prohibits the use of this Site by Members to promote websites containing pornographic, racist or illegal content. The definition of pornographic, racist or illegal content is entirely at the discretion of ScottsWebTips. ScottsWebTips will terminate the account (and block the IP) of any member if said member is found using ScottsWebTips.com to promote or create websites containing pornographic, racist or illegal content. ScottsWebTips will cooperate with Local, State and Federal authorities at all levels as required by law, and will, notify law enforcement agencies when it becomes aware of any criminal activity.
ScottsWebTips prohibits the use of this Site by Members to promote:
- Term papers or essays for sale to college students, PLR (Private Label Rights) articles as a good thing (it’s not),
- the promotion of email Safe-Lists as a good thing (it’s not),
- or bulk email spamming as a good thing (it’s not),
- advocacy for paid auto-surf programs as a good thing (it’s not),
- advocacy of click fraud or clicking on Adsense ads as a good thing (it’s not),
- advocacy of creating MFA’s (Made For Adsense) sites as a good strategy (it’s not),
- or advocacy of Adsense Arbitrage as a good thing (it’s not).
Adsense Arbitrage: The basic principle is to pay a low price for a keyword in an advertising program like AdWords, Overture Yahoo Search Marketing, or MSN AdCenter and direct users to a page with AdSense or another contextual advertising program on it that has higher payout.
Prescription Drugs. ScottsWebTips prohibits the use of this site by Members to promote websites that are related to the transaction of prescription drugs. ScottsWebTips will terminate the account of any member and block the IP address, if said member is found to be promoting or creating websites from ScottsWebTips tutorials for the purpose of selling prescription drugs.
CAN-SPAM Act of 2003
ScottsWebTips operates in full compliance with the CAN-SPAM Act of 2003 and requires its members to also comply. ScottsWebTips will terminate your account if you have sent spam or engaged in any unsolicited promotional activities. Whether or not it overloads the Services or disrupts service to ScottsWebTip’s Members, is prohibited. The term “Spamming” includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. ScottsWebTips.com requires that all email messages contain an automated opt out. ScottsWebTips Members are required to follow all rules in the Can Spam Act(http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) as well as our company spam rules. ScottsWebTips reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list.
No Member may utilize ScottsWebTips.com Blog Comments or Forum categories to provide, sell or offer to sell the following:
- Controlled substances;
- Illegal drugs and drug contraband;
- Pirated materials;
- Instructions on making, assembling or obtaining illegal goods or weapons to attack others;
- Information used to violate the copyright(s) of,
- Information used to violate the trademark(s) of,
- Or to destroy others\’ intellectual property or information;
- Information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
Profanity or profane subject matter by any member posted in blog comments or forum categories in any way are prohibited.
Violations of Intellectual Property Rights.
Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. ScottsWebTips.com will remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement.
Viruses and Other Destructive Activities.
Use of Scottswebtips information for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Member to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
“Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
Export Control Violations.
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Member may not use ScottsWebTips.com to export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordinances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
The use of the Services to store, post, display, transmit, advertise orotherwise make available child pornography is prohibited.ScottsWebTips.com is required by law to notify and will notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, ScottsWebTips.com.
Other Illegal Activities.
These of the Services to engage in any activity that is determined byScottsWebTips.com, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws.ScottsWebTips.com will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the site or services.
Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Engaging in any activity that, in ScottsWebTip’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, ScottsWebTip’s business, operations, reputation, goodwill, Members and or Member relations, or the ability of ScottsWebTip’s Members to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Member to cooperate with ScottsWebTips.com in correcting or preventing violations of these Terms by, or that result from the activity of, a member, patron, customer, invitee, visitor, or guest of the Member constitutes a violation of these Terms by Member.
#4 Limitations of liability
ScottsWebTips will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if ScottsWebTips has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ScottsWebTips’s liability in respect of any:
- Death or personal injury caused by ScottsWebTips’s negligence;
- Fraud or fraudulent misrepresentation on the part of ScottsWebTips; or
- Matter which it would be illegal or unlawful for ScottsWebTips to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
#7 Other parties
Each member, guest or entity accepts that, as a limited liability entity, ScottsWebTips has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ScottsWebTips’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ScottsWebTips’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ScottsWebTips.
#8 Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
#9 Membership Requirements
ScottsWebTips members shall be an individual at least 18 years old and otherwise legally competent in all respects to, or, if an entity, member is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms.
Additionally, Member represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section #11 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from ScottsWebTips. Further, Member represents and warrants all information provided by Member to ScottsWebTips.com has been and is complete, accurate, and current, and that Member shall continue to provide complete, accurate and current information toScottsWebTips.com in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information.
Although members of paid services offered through ScottsWebTips.com must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Term, a parent or legal guardian of a minor may obtain an account on the minor’s behalf, and by doing so, consents to such minor’s use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor’s use of any of the Services.
#11. Prohibited Individuals.
The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively “Prohibited Individuals” and individually “Prohibited Individual”), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of ScottsWebTips.com.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU AREREPRESENTING WITH RESPECT TO ScottsWebTips.com MEMBERSHIP, DO NOT AGREETO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANYSUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOURUSE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ScottsWebTips.com ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU INUSING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU ANEXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.
This website disclaimer is based on a precedent created by template-contracts.co.uk and published by freenetlaw.com