Systems Operations Success International, LLC
Last updated 10/17/2011
SOS Intl and its affiliates own all rights, title and interest in and to the Sites, including but not limited to all intellectual property and proprietary rights. Unless otherwise indicated on a Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, "Marks") are subject to the trademark rights of, and are proprietary to, SOS Intl and its affiliates. All the text, content, graphics, interfaces, code and materials on the Sites, the look and feel, selection and arrangement, design and organization of the Sites and the compilation of the content, code, data and materials on our Sites (collectively, the "Content") are copyrighted works owned or licensed by SOS Intl. and our affiliates. Copyright 2002-2011. ALL RIGHTS RESERVED. You are not granted any ownership or other interest in the Sites, Marks or Content as a result of your visiting and using the Sites.
PERMITTED USE; RESTRICTIONS
You may only display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download onto a single personal computer and print single hard copy portions of the Content from a Site solely for your own internal, non-commercial, lawful use. Except as expressly permitted in this paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Sites or any Content, information, software, products or services obtained from Sites, without our prior written permission. If you make any use of a Site except as permitted in this paragraph, you may violate copyright and other laws of the U.S.A. and other countries, as well as applicable state laws, and may be subject to liability for unauthorized use.
You may not: (a) engage in harvesting e-mail addresses or other personal information, unsolicited emailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any other activity directed to obtaining user lists or other information from a Site; (b) send chain letters or pyramid schemes via any Site; (c) decompile, disassemble or reverse engineer any part of any Site; or (d) attempt to gain unauthorized access to any part of any Site or any other computer systems through any Site. You agree that you will not use any Site in any manner that could damage, disable, overburden or impair it, or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain data or information through any means not intentionally made available or provided for through our Sites.
USER ACCOUNT AND PASSWORD
In connection with certain features on a Site, we may issue to you, or enable you to establish, a username and password. If so, you are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control access to and use of your password, control access to and use of your account, and notify SOS Intl when you desire to cancel your account for a Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this paragraph.
We are not responsible for and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any resulting loss or damage, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. We are not liable for any statements, representations, or User Content provided by its users of our Sites. Although we have no obligation to screen, edit or monitor any User Content posted to or distributed through any of our Sites, we reserves the right, and have sole discretion, to remove without notice any and all User Content posted or stored on a Site. You acknowledge and agree that you are solely responsible for the accuracy and content of your User Content. SOS Intl will have no obligations with respect to your User Content. By submitting or sending User Content to us: (i) you represent and warrant to us that the User Content is original to you, that no other party has any rights thereto, that any "moral rights" in such User Content have been waived and that such User Content, and our uses thereof, do not violate, misappropriate or infringe any third party right or law; and (ii) you grant us and our designees a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, reproduce, disclose, distribute, transmit, display, publish, perform, modify, translate, adapt, make derivative works from, incorporate and otherwise use and exploit the User Content (in whole or part), including all data, images, creative works, sounds, text, and other things embodied therein, for any and all commercial or noncommercial purposes. We cannot be responsible for maintaining any User Content that you provide to us, and we may delete or destroy any such User Content at any time. We are not responsible for the content or text of, or any typos, misspellings, grammar or other errors in, your User Content.
We do not accept or consider unsolicited ideas, including ideas for new product or service enhancements, processes, materials, marketing plans or new product or services names. Do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("Unsolicited Submissions") to us in any form. If, despite this request, you persist in sending us any Unsolicited Submissions, then regardless of what your communication might say, the following terms shall apply to your Unsolicited Submissions: You agree that: (1) your submissions and their contents will automatically become the property of SOS Intl, without any compensation to you; (2) SOS Intl may use or redistribute your submissions and their contents for any purpose and in any way; (3) SOS Intl has no obligation to review your submissions; and (4) SOS Intl has no obligation to keep any submission confidential.
PRODUCTS AND SERVICES
Prices and availability of the products and services described on a Site are subject to change without notice. Listing, display or reference to a particular product or service on a Site does not mean that the product or service is presently available or available in all countries, and does not constitute an offer to sell or supply that product or service.
SITE MODIFICATIONS OR TERMINATION
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of any of the Sites, including, but not limited to, content, services, features or hours of availability. We may also impose limits on certain features of a Site, or restrict your access to part or all of a Site without notice or penalty.
COPYRIGHT INFRINGEMENT COMPLAINTS
In accordance with the Digital Millennium Copyright Act and other applicable law, we have implemented a procedure for contacting us in the event you feel certain rights might be infringed by content posted on a SOS Intl Web Site. If you believe in good faith that content hosted by us infringes your copyright, provide our Registered Agent with the following written information: (1) A full and complete identification of the copyrighted work you claim was infringed. (2) A clear identification of the material you claim is infringing the copyrighted work, the Site on which the material is posted and information that will allow us to locate that material on the Site, such as a link to the infringing material. (3) Your name, address, email and telephone number. (4) Include the following statement, signed by you: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law." (5) Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed." (6) The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on any Site should be emailed or mailed, at your choice, to firstname.lastname@example.org or at the address below:
System Operations Success International, LLC
Attn: Copyright Infringement Notice
10715 Sikes Place, Suite 114
Charlotte, NC 28277
We recommend that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, submitters who are deemed to be repeat infringers. We may also, at our sole discretion, limit the access to any of the Sites for any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to indemnify, defend, and hold harmless SOS Intl, its affiliates, and its and their officers, directors, managers, owners, employees, agents, licensors, insurers and vendors from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting in any way from your use or any activity otherwise related to your use of any Sites (including negligent or wrongful conduct) by you or any other person accessing a Site using an account registered to you, including, without limitation, communication, placement or transmission of any information or other materials on or through any Site, your breach or violation of the law, of any third party right or of these Terms and Conditions.
OUR SITES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS ON OUR SITES, ARE EACH PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, SOS INTL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SOS INTL DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES ANY SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOS INTL DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN ANY SITE OR WITH RESPECT TO THEIR COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOS INTL OR THROUGH ANY SITE SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, SOS INTL NOT EXPRESSLY MADE IN THESE TERMS AND CONDITIONS. IF YOU ARE DISSATISFIED WITH A SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SHOULD NOT RELY ON A SITE TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE SHOULD THAT SITE FAIL OR BE UNAVAILABLE, OR SHOULD THE DATA OR INFORMATION BE LOST.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL SOS INTL, ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, MANAGERS, OWNERS, EMPLOYEES, AGENTS, LICENSORS, INSURERS OR VENDORS (I) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR ANY OTHER DAMAGES UNDER ANY OTHER THEORY WHATSOEVER, RESULTING FROM OR IN CONNECTION WITH ANY SITE'S USE; PERFORMANCE OR NON-PERFORMANCE; AVAILABLE CONTENT, PRODUCTS AND SERVICES; OR CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH A SITE; Or (II) BE LIABLE, IN THE AGGREGATE, FOR MORE THAN $100.00 FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, IN THE AGGREGATE, ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITES.
THE LIMITATIONS ABOVE MAY NOT APPLY IN SOME JURISDICTIONS THAT DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY.
By using any Site, you agree that SOS Intl , at its sole discretion, may require you to submit any disputes arising from the use of any Site, or these Terms and Conditions, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in these Terms and Conditions or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall take place in Mecklenburg County, North Carolina, U.S.A. and shall be governed by the laws of the state as set forth in the preceding Applicable Laws section. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by applicable law.