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WebRunners
241 Calle Pintoresco
San Clemente, CA 92673
info@WebRunners.com

WebRunners Terms of Use and Limitations
The WebRunners web site is one of the various web sites comprised and operated by WebRunners or its affiliates. This web site will be referred to in this agreement as "WebRunners." This Agreement applies to the WebRunners collection of web sites, including, but not limited to, WebRunners. You will need to read this Agreement in its entirety to review the general provisions of the Terms of Use and Notices and Additional Terms specific to the product or service for which you are now signing up.

The WebRunners Network is offered to you conditioned on your acceptance without modification of these Terms of Use and Notices. Your use of the WebRunners Network constitutes your agreement to these Terms of Use and Notices. Your use of a particular WebRunners web site included within, or acceptance of a product, service or benefit obtained through the WebRunners Network, may also be subject to additional terms specified in this document, on the applicable WebRunners web site or in other accompanying documentation (as such terms may be modified by WebRunners from time to time as described below in the "Additional Terms").

If any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within or applicable to any particular WebRunners web site, including, but not limited to WebRunners, service, product or benefit, then the applicable Additional Terms shall control. You agree to familiarize yourself with the Terms of Use and Notices, including the Additional Terms, and other terms and guidelines found throughout the WebRunners Network and abide by them if you choose to use the sites, or accept the products, services or benefits, to which such terms apply.

MODIFICATION OF THESE TERMS OF USE AND NOTICES
WebRunners reserves the right to change the Terms of Use and Notices, and any Additional Terms at anytime, effective upon making the modified provisions available on the WebRunners Network. You are responsible for regularly reviewing these terms and conditions. Continued use of the WebRunners Network after any such changes shall constitute your consent to such changes. WebRunners does not and will not assume any obligation to notify you of any changes to the Terms of Use and Notices, or Additional Terms.

ACCEPTABLE USE LIMITATION
Your right to use WebRunners is personal to you, the user. As a condition of your use of the WebRunners Network, you warrant to WebRunners that you will not use WebRunners products or services for any purpose that is unlawful, or prohibited by these Terms of Use and Notices or the Additional Terms (as may be modified from time to time). You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from WebRunners, except as expressly provided herein.

In addition, you may not use the products or services provided through or in connection with WebRunners to: defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; conduct or forward illegal contests, pyramid schemes or chain letters; publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks" or other programs written to defeat the security measures of any computer, system or programs); sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and Controled substances, counterfeit, pirated or stolen goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) would cause WebRunners to violate any law, statute or regulation; harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties; restrict or inhibit any other user from using and enjoying its rights in WebRunners ; or violate any applicable governmental laws or regulations.
The information provided by WebRunners to you may be proprietary in nature. You agree not to share any information provided to you by or on behalf of WebRunners with any third party. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by WebRunners via the WebRunners Network, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of WebRunners for which you offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of WebRunners.

WebRunners is not obligated to monitor the content on WebRunners Network. However, with respect to the use of the products and services offered on WebRunners Network, WebRunners reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the WebRunners web site, in WebRunners's sole discretion.

FEES
Some products and services available through or in connection with WebRunners require that you purchase a subscription or otherwise pay a fee. You hereby authorize the WebRunners Network or WebRunners to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with your use of the WebRunners product or service you have chosen to use. You shall be solely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of WebRunners. WebRunners reserves the right to modify the fees charged for WebRunners products and services from time to time; provided that such modifications shall not take effect earlier than thirty (30) days after WebRunners posts such modifications on the WebRunners web site. Amounts not paid by you to the WebRunners Network or WebRunners when due may bear interest at the lesser of (a) one and one-half percent (1.5%) per month, and (b) the maximum rate permitted by applicable law. If you notify WebRunners in writing that you are terminating this Agreement, fees pre-paid by you to the WebRunners Network or WebRunners for WebRunners products or services will be credited back to your applicable credit card on a pro rated basis (except to the extent such termination is due to your breach of this Agreement) within forty-five (45) days after receipt of your notice of termination. WebRunners is not required to refund directly to you any amounts paid hereunder.

LINKS TO THIRD PARTY SITES
Links within WebRunners may let you leave the WebRunners web site and/or the WebRunners Network. You acknowledge that the linked sites are not under the control of WebRunners or WebRunners and that WebRunners or WebRunners are not responsible for the contents or operation of such linked sites or any link contained in such linked site, or any changes or updates to such sites. WebRunners or WebRunners are not responsible for webcasting or any other form of transmission received from any linked site. WebRunners is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WebRunners of the linked site or any association with their operators.

USE OF COMMUNICATION SERVICES
WebRunners may contain bulletin board services, chat areas, news groups, forums, communities, personal and business web pages, electronic mail postings and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service, and to comply with all applicable laws and these Terms of Use and Notices. By way of example, and in addition to above acceptable use limitations, you agree that when using a Communication Service, you will not: Advertise or offer to sell or buy any goods or services, unless such Communication Service specifically allows such messages; Falsify, delete or alter any material, author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material contained in a file that is uploaded via the Communication Services; Restrict or inhibit any other user from using and enjoying its rights in the Communication Services; Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service; Harvest or otherwise collect information about others, including e-mail addresses, without their express consent; Link the Communication Services to any unsolicited communication sent to any third party, or otherwise use or mention the Communications Services in connection with any such unsolicited communication; or, Violate any applicable laws or regulations. WebRunners reserves the right, but is not obligated, to review materials posted to a Communication Service and to remove any such materials in its sole discretion, without notice at any time. In addition, WebRunners reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Furthermore, WebRunners reserves the right to terminate or change any Communication Service at anytime.

WebRunners is not obligated to monitor the Communication Services. However, with respect to the use of the Communication Service, WebRunners reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Communication Service in WebRunners's sole discretion.
You acknowledge that Communication Services are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or others in any Communication Service. WebRunners does not control or endorse the content, messages or information found in any Communication Service and, therefore, WebRunners specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Forum managers and hosts of the Communication Services are not authorized WebRunners agents or spokespersons, are not able to bind WebRunners, nor do their views necessarily reflect those of WebRunners.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.

LICENSE YOU GRANT TO WebRunners
WebRunners does not claim ownership of the materials you provide to WebRunners (including feedback and suggestions) or post, upload, input or submit in connection with your use of WebRunners or any Web site ("Your Web Site") created by you or on your behalf in connection with the use of WebRunners (collectively "Submissions"). However, you grant WebRunners a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat your Submission, and to publish your name in connection with your Submission) your Submission only in connection with the operation and promotion of WebRunners. You also grant WebRunners the right to publish your name in connection with any such communication. No compensation will be paid or due you with respect to WebRunners' or its sublicensee’s use of the materials as licensed above. WebRunners is under no obligation to post or use any materials you may provide, and may remove such materials at any time in WebRunners' sole discretion. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any WebRunners Network web site, included, but not limited to, WebRunners, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant WebRunners the license set forth above, and you will defend and indemnify WebRunners and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

SOFTWARE AVAILABLE ON THE WebRunners NETWORK
Software (if any) that is made available to download from or otherwise through the WebRunners Network, excluding software that may be made available by third parties via WebRunners, ("Software") is the copyrighted work of WebRunners, WebRunners Network, and/or their suppliers. Your use of the Software is governed by these Terms of Use and Notices, and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Use and Notices, and/or Additional Terms, the terms of the License Agreement shall govern your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement. For any Software not accompanied by a license agreement, WebRunners hereby grants to you, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular v web site in accordance with the applicable Terms of Use and Notices, and for no other purpose. In addition, you shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by WebRunners, WebRunners Network, and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All software downloaded or otherwise obtained by the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein.

LIABILITY DISCLAIMER
The information, software, products, services and other material included in or available through the WebRunners Network may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via the WebRunners Network should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.

Your access to and use of the WebRunners Network, and products and services of WebRunners, is at your own risk. WebRunners, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of the WebRunners Network, or such products or services. WebRunners makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the WebRunners Network, or such products or services. Without limiting the foregoing, WebRunners, WebRunners NETWORK, AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN WebRunners FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WebRunners, WebRunners NETWORK, AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL WebRunners, WebRunners NETWORK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF WebRunners OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE V OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH WebRunners, OR OTHERWISE ARISING OUT OF THE USE OF WebRunners, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WebRunners OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF WebRunners, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING WebRunners AND ITS RELATED SERVICES. Without limiting the foregoing, WebRunners is not responsible for any of your data residing on WebRunners and WebRunners hardware. You are responsible for backing-up your data and information that may reside on the WebRunners hardware, whether or not such information is produced through the use of WebRunners. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained.

You agree to defend, indemnify and hold WebRunners and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of these Terms of Use and Notices (including, without limitation, violation of applicable Additional Terms of Use), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with WebRunners or your use of WebRunners.

SERVICE CONTACT
If you need to contact WebRunners, please send email to info@WebRunners.com.

TERMINATION
WebRunners may terminate this agreement and your access to WebRunners (in whole or in part) and related services at any time, with or without cause, and with or without notice. Anyone determined by WebRunners to have violated these Terms of Use and Notices, or any Additional Terms may be barred from using the WebRunners Network, or from receiving any products, services or benefits from WebRunners. In addition, if you violate any of these Terms of Use and Notices, or Additional Terms (as applicable) you will forfeit all in-kind credits and amounts accruing to you (if any) in connection with the WebRunners Network.

COPYRIGHT AND TRADEMARK NOTICES
All contents of WebRunners and the WebRunners Network are: Copyright (c) 2002 WebRunners and/or its suppliers. All rights reserved.

TRADEMARKS
WebRunners is either a trademark or registered trademark of WebRunners. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved by WebRunners.

 

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