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User Agreement
The text below is our user site agreement. These are the terms and conditions
required for access to our site. Please read completely before deciding to
agree or disagree with these terms.
Terms of Service Agreement
1. DEFINITIONS
NationalFishingDirectory.com means
NationalFishingDirectory.com LLC "Client" means the
party utilizing
NationalFishingDirectory.com's services. "Agreement"
means this Terms of Service Agreement between the Client
and
NationalFishingDirectory.com. "Content" and "Client
Content" mean all information and materials submitted by
Client to
NationalFishingDirectory.com. "Service" or "Services"
means the services provided to Client by
NationalFishingDirectory.com including, but not limited
to, press release distribution, Internet clips,
webcasting, and EDGAR filing. “Partner” or “Partners”
means a third party that has a joint venture or
marketing relationship with
NationalFishingDirectory.com.
2. CLIENT REPRESENTATIONS AND WARRANTIES
The Client is solely responsible for the accuracy and
authenticity of the Content submitted by Client to
NationalFishingDirectory.com. Client represents and
warrants to NationalFishingDirectory.com, as follows:
That Client has the right and is authorized to submit
the Content to NationalFishingDirectory.com for
distribution, broadcasting and/or filing;
That the Content is true and accurate;
That the Client is not impersonating any person or
entity or misrepresenting Client's affiliation with any
person or entity;
That the distribution, broadcasting and/or filing of the
Content does not violate the state, federal or common
law copyright, trademark, or service mark rights, any
other property rights, privacy rights, intellectual
property rights, confidentiality rights or other
proprietary or contract rights of any third party;
That the Content does not contain any information which
is libelous or otherwise illegal;
That Client will not misuse the Services or
misappropriate the Content to compete directly or
indirectly with Market Wire or to engage in derivative
commercial activities without
NationalFishingDirectory.com's prior written consent;
and
That Client has investigated the desirability of
utilizing NationalFishingDirectory.com's services and is
not relying on any representation, guarantee, or
statement other than as set forth in these Terms of
Service or in the materials on .
NationalFishingDirectory.com
3. INDEMNIFICATION
In the event any third party brings any action,
arbitration, or other legal proceeding (collectively,
"legal proceeding") against NationalFishingDirectory.com,
its officers, directors, shareholders, agents, employees
or other representatives of
NationalFishingDirectory.com, or against any third party
who broadcasts, displays or distributes the Content with
the permission of NationalFishingDirectory.com, or
against any third party who provides advertising
forNationalFishingDirectory.com, or against any other
third party who otherwise uses the Content with
NationalFishingDirectory.com's permission (collectively
hereinafter referred to as "the Indemnitees"), or
against any Partner, arising from the distribution,
broadcast, filing or display of any Content provided by
Client to
NationalFishingDirectory.com or, from any breach by
Client of this Agreement, or, based upon the inaccuracy
of any warranty or representation made by Client herein,
or, based upon the contention that the Content defames
or slanders any third party or, based upon the
contention that the Content violates any provision of
state or federal law or the intellectual property rights
of any third party, Client shall indemnify, defend, and
hold the Indemnitees harmless in connection with the
claims made in the legal proceeding. Included in
Client's obligation to indemnify, defend, and hold the
Indemnitees harmless is the obligation to pay all
attorneys' fees, expert witness fees, costs, and
expenses incurred or to be incurred by the Indemnitees
in connection with the defense of the legal proceeding
(even if the legal proceeding is without merit).
4. LICENSE
Client hereby grants NationalFishingDirectory.com a
non-exclusive, royalty-free, sub-licensable,
transferable, and assignable license to store, display,
reproduce, distribute and, if appropriate, translate the
Content submitted. Client also grants
NationalFishingDirectory.com the right to mention
Client's name in marketing information, unless Client
requests in writing that NationalFishingDirectory.com
refrain from such mentions.
5. LIMITATION OF LIABILITY
NationalFishingDirectory.com AND PARTNER’S LIABILITY
SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON
BEHALF OF THE CLIENT TO NationalFishingDirectory.com IN
CONNECTION WITH THE SERVICES OUT OF WHICH THE CLAIM BY
CLIENT ARISES.
NationalFishingDirectory.com shall not be liable for
indirect, incidental, consequential, special or
exemplary damages (even if Market Wire has been advised
of the possibility of such damages and including such
damages as might be incurred by third parties), arising
from performance under, or failure of performance under,
any provision of this Agreement, such as, but not
limited to, loss of revenue, change in share price, loss
of anticipated profits or lost business.
This limitation of liability applies to any damages,
including without limitation those caused by any failure
or performance, error, omission, interruption, deletion,
defect, delay in operation or transmission,
communications line failure, theft or destruction or
unauthorized access to, alteration of, or use of
records, whether for breach of contract, tortuous
conduct, acts or omissions, negligence, or under any
other claim or cause of action.
6. NOTICES
At NationalFishingDirectory.com's sole discretion,
notices by Market Wire to Clients regarding matters
pertaining to this Agreement and/or the performance of
this Agreement may be given by means of posting on the
NationalFishingDirectory.com web site or by email to the
Client.
7. ENTIRE AGREEMENT
This Agreement, together with the Policies referenced in
section 5 above (“Policies”) constitute the entire
agreement between Client and
NationalFishingDirectory.com regarding the Services
provided and/or to be provided by
NationalFishingDirectory.com. This Agreement replaces
any and all prior written and oral understandings and
writings. Unless otherwise explicitly stated, the
provisions of this Agreement shall survive its
termination.
8. EFFECT OF DELIVERY OF NOTICES BY FACSIMILE OR
ELECTRONIC MAIL
The parties agree that the parties shall treat any
document sent to the other by facsimile or by electronic
mail as if the document were an original delivered to
the recipient by hand delivery. |
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Transmitted: 1/6/2009 4:02:39 AM
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