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TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES
IN THIS WEBSITE.
By using or accessing this website you signify your acknowledgment
and assent to the terms and conditions of use set forth below. If you do not
agree to these terms of use, please do not use this website. Company can revise
these terms of use at any time by updating this posting, and your use after
such change signifies your acceptance of the changed terms. Please check these
terms of use periodically for changes.
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This website is owned and operated by The Momentum Project LLC and its affiliates
(collectively "Company," "we," or "us"). Questions concerning this website
or its operation should be directed to the contact points set forth at the
end of these terms of use.
In connection with viewing and using this website you are permitted to temporarily
download one copy of the materials posted on this website onto a single computer
for your personal, non-commercial use only. This license does not include any
resale or commercial use of this site or its contents; any collection and use
of any product listings, descriptions, or prices; any derivative use of this
site or its contents; any downloading or copying of account information for
the benefit of another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools.
Except as otherwise specifically provided elsewhere on this website, redistribution,
retransmission, republication or commercial exploitation of the contents of
this website are expressly prohibited without the written consent of Company
and any copyright owner from whom we have obtained a license. Requests for
such permission should be made to the contact specified below. All rights not
expressly granted herein are reserved. Downloading of any information, content
or images from this website does not transfer any right or ownership of such
information, content or images to you, and such information, content or images
may be used solely in accordance with these terms of use. You may not mirror
or archive any part of this site or any material contained on this site on
any server or computer without Company's written permission.
CONTENTS AND HYPERLINKS
This website contains hyperlinks to third party websites which are the sole responsibility
of such independent third parties, and use thereof is solely at your own risk.
Company has no control over the content or policies of such third party websites,
and we are not responsible for (and under no circumstances shall be liable
for) the contents, accuracy or reliability of any websites hyperlinked to this
website. Those who choose to access information from this website (including
any information obtained through any hyperlink) are solely responsible for
the compliance of such information with any applicable law.
If you want to link to this website please contact chris@bewareofgarbagetrucks.com
before creating that link so the site may be previewed. Company does not allow
the unauthorized use of its logos, trademarks, or other graphics to create
links. Text links are permitted upon approval and must be made to the site
home page at [www.company.com] rather than to any other specific pages within
the site.
USER CONTENT
Company is pleased to hear from its customers, however we do not accept or consider
any creative ideas, suggestions or other materials related to products, services
or marketing unless we have specifically requested them. Therefore, please
do not send us any original creative materials such as product ideas or suggestions.
Anything you disclose or offer to us by or through this website ("Disclosures"),
including e-mails to Company or postings on interactive portions of this website,
shall be deemed and shall remain the property of Company. Any such Disclosure
is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep
such information secret. Company is free to use, for any purpose whatsoever,
any Disclosure, including but not limited to publishing, or developing, manufacturing,
and marketing products using such information. You hereby RELEASE Company from
any liability under any legal theory in connection with the use, modification,
sale, or disclosure of any Disclosure. By uploading or otherwise providing
any Disclosure to this website or Company, you hereby grant Company, to the
extent you retain any rights, the unlimited, perpetual right to reuse, redistribute,
modify and create derivative works from such Disclosure for any purpose and
in any media without compensation, and you warrant that all "moral rights" in
uploaded materials have been waived.
INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT
Company does not ordinarily, but reserves the right to in its sole discretion,
filter, censor, edit or regulate information and content provided by third
parties on this website, including any such information provided in chat rooms,
bulletin boards or other interactive areas, and we neither endorse nor are
responsible for (and under no circumstances shall be liable for) the contents,
accuracy or reliability of such information and content.
When participating in interactive portions of this website, you represent that
you have proper right and authorization to use any information or content you
upload or post and agree to abide by the following code of acceptable conduct:
(1) You will not upload or otherwise provide infringing, defamatory, obscene,
pornographic, threatening, abusive, illegal or otherwise improper content.
(2) You will not upload viruses or harmful components.
(3) You will not use the website to further any illegal purpose or to violate
the rights of any party. (4) You will not upload or otherwise provide content
with a commercial purpose or attempt to solicit funds or advertise goods and
services. Company will assist law-enforcement officials investigating illegal
activity or violations of these terms of use.
PRODUCTS, SERVICES AND SOFTWARE
Downloading software from this website does not give you title to such software,
including any files, data and images incorporated in or associated with the
software. Your use of any such software shall be only in accordance with the
license agreement that is included with the software or presented upon download
of such software. Software available on this website is copyrighted by Company
or its owner. Software may not be copied, redistributed or placed on any server
for further distribution. You may not sell, modify, decompile, disassemble,
or otherwise reverse engineer the software.
A description or reference to a product, service or publication on this website
(including any description or reference via hyperlink) does not imply endorsement
by Company of that product, service or publication.
In the event a product is listed at an incorrect price due to mistake, typographical
error, or error in pricing information received from suppliers, Company shall
have the right to refuse or cancel any orders placed for the products listed
at the incorrect price whether or not the order has been confirmed or accepted.
ELECTRONIC COMMUNICATIONS
When you visit our website or send e-mails to us, you are communicating with
us electronically, and you consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such communications
be in writing.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Chris Abbott, The Momentum Project,
85 SE Fourth Ave, Suite #109, Delray Beach, FL, 33483. (561) 265-1165. chris@bewareofgarbagetrucks.com.
To be effective, such notification must be in writing, comply with applicable
law and provide the following: (1) information reasonably sufficient to permit
the Company to locate the copyrighted work claimed to have been infringed (the
“Work”); (2) the complaining party’s contact information including an email address
if available; (3) a statement that the complaining party has a good-faith belief
that use of the Work in the manner complained of is not authorized by the copyright
owner, its agent, or the law; (4) a statement that the information in the notice
is accurate, and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed;
and (5) a physical or electronic signature of the complaining party.
NO REPRESENTATIONS OR WARRANTIES
Company makes no representations or warranties that this website is free of defects,
viruses or other harmful components. We shall not be responsible for any damages
or loss that may result from the hacking or infiltration of this website or Company's
computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND
BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU
AGREE TO HOLD COMPANY HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY
CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS
OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.
The pages on this website may contain technical inaccuracies, outdated information
and typographical errors. To the extent permitted by applicable law, THIS WEBSITE
IS PROVIDED "AS IS." COMPANY DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT,
FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE
THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT,
GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE
AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE
WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
INDEMNIFICATION FOR ACCOUNT
You are responsible for maintaining the confidentiality of your password and
account, and for all activities that occur under your account. You agree to indemnify,
defend and hold Company harmless from and against any and all liabilities and
costs (including reasonable attorney’s fees) incurred by us or our affiliates,
employees, or representatives arising out of your breach of these terms of use
or from your account. You agree not to settle any such claim or incur any liability
or admission of guilt on our behalf without our consent. We reserve the right,
at our expense, to assume the defense and control of any matter subject to indemnification
by you.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM
THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS
ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO
EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
JURISDICTION AND CHOICE OF LAW
Company controls and manages this website from its facilities in the state of
[Illinois]. Unless otherwise stated, materials and content on this website are
presented solely for promoting products and services in [Illinois] and the United
States of America. Information published on this website may contain references
to products, programs and services that are not announced or available in your
country or region. We make no representation that such information, products,
programs or services referenced on this website are legal, available or appropriate
in your country or region.
These terms of use shall be governed by and construed in accordance with the
laws of the State of [Illinois], without giving effect to any principles of conflicts
of law. You and Company irrevocably consent to the exclusive jurisdiction of
the courts located in [Illinois] in connection with any action arising out of
or related to these terms of use or their subject matter. You and Company waive
any objection based on lack of personal jurisdiction, place of residence, improper
venue or forum non conveniens in any such action.
TRADEMARKS AND COPYRIGHTS
Nothing on this website shall be construed as conferring any license under any
intellectual property right, including any right in the nature of trademark or
copyright, of Company or any third party, whether by estoppel, implication, or
otherwise. All brands and names are the property of their respective owners.
Except as otherwise noted, Company is the owner of all trademarks and service
marks on this website, whether registered or not. All registered trademarks are
registered in the United States of America (and other applicable jurisdictions).
SECURITIES AND INVESTMENT
This website and the information contained or referred to herein does not constitute
an offer or a solicitation of an offer for the purchase or sale of any securities.
This website may contain information and press releases about and by Company.
While information prepared by us was believed to be accurate as of the date so
prepared, we disclaim any duty or obligation to update such information or to
verify the accuracy of information prepared by others. Any statements in this
site that are not historical facts, including but not limited to plans, projections,
objectives, goals, strategies, future events or performance and underlying assumptions,
are forward-looking statements as provided in the rules and regulations of the
Securities Act of 1933, Securities Exchange Act of 1934, and the Private Securities
Litigation Reform Act of 1995. Such statements are intended to fit within the
'safe harbor' for forward-looking information and is subject to material risk
factors which may or may not be disclosed herein. Statements or phrases that
use such words as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "estimates," "predicts," "is
designed to," "with the intent," "potential," and similar expressions commonly
indicate forward-looking statements, but in their absence do not mean that a
statement is not forward-looking. Any forward-looking statements contained herein
involve risks and uncertainties, including but not limited to, general economic
and currency conditions, various conditions specific to the Company's business
and industry, market demand, competitive factors, supply constraints, technology
factors, government and regulatory actions, Company's accounting policies, future
trends, and other risks which are detailed in Company's Securities and Exchange
Commission filings.
SEVERABILITY
If any provision of these terms of use shall be deemed unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from
the remaining terms of use and shall not affect the validity and enforceability
of any remaining provisions.
PRIVACY
Please see our Privacy Policy for information regarding the collection and use
of personal information from this website.
Despite any representations concerning privacy, Company reserves the right to
disclose without notice to you any information in its possession if required
to do so by law or upon a good-faith belief that such action is necessary to
comply with the law, to protect or defend our rights or property, or to respond
to an emergency situation. Specific areas or pages of this website may include
additional or different terms relating to the use of personal information collected
from such areas or pages.
GENERAL
These terms of use represent the entire understanding relating to the use of
this website and prevail over any prior or contemporaneous, conflicting or additional
communications.
Any unauthorized access, modification or change of any information, or any interference
with the availability of or access to this website is strictly prohibited. Company
reserves all legal rights and remedies available to it and this disclaimer shall
in no way be deemed a limitation or waiver of any other rights Company may have.
Specific areas or pages of this website may include additional or different terms
relating to the use of this website or the rights or obligations of you or Company.
In the event of a conflict between such terms and these terms of use, such specific
terms shall control.
Unless otherwise indicated, all material on this site © Copyright 2002 [Company
Industries, Inc.] All rights reserved.
CONTACT INFORMATION:
The Momentum Project
85 SE Fourth Ave, Suite #109
Delray Beach, FL 33483
Chris Abbott
(561) 265-1165
chris@bewareofgarbagetrucks.com
PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
Notification must be submitted to the following Designated Agent:
Service Provider(s): [Company]
Name of Agent Designated to Receive Notification of Claimed Infringement: [employee
name]
Full Address of Designated Agent to Which Notification Should Be Sent:
[address]
Telephone Number of Designated Agent: [number]
Facsimile Number of Designated Agent: [number]
E-mail Address of Designated Agent: [employee@company.com]
To be effective, the notification must be a written communication that includes
the following: 1. A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site; 3. Identification
of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider to locate the
material; 4. Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone number, and,
if available, an electronic mail address at which the complaining party may be
contacted; 5. A statement that the complaining party has a good-faith belief
that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; 6. A statement that the information
in the notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
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