Open-a-Bar.com & SMW Information Systems International Web Site Agreement
The Open-a-Bar.com Web Site (the "Site") is an online information
service provided by SMW Information Systems International ("Open-a-Bar.com "),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. Open-a-Bar.com MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Open-a-Bar.com, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or
proprietary notices from the materials. In many instances, these areas
are specifically protected. You agree to grant to Open-a-Bar.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to Open-a-Bar.com by all
means and in any media now known or hereafter developed. You also
grant to Open-a-Bar.com the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
Open-a-Bar.com for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
Open-a-Bar.com. Open-a-Bar.com furthermore asserts that all
materials, in all forms, are used/displayed with permission from their
respective licensors or used in good faith or as "fair use" in a what is to
be construed as beneficial and promotional aspects in observation of all known
and applicable copyrights and trademarks. Use/display of materials on the Site
in no way constitutes endorsement or affiliation and these materials have not
been altered in a deceptive manner or placed to be derived as such.
Should a party have a sincere and reasonable concern about use/display issues
in regard to their own copyright or trademark being used/displayed on the Site,
it is urged that contact be initiated by the proper representatives of that
entity through the Site's "Contact" page(s) in order that use/display of any and
all materials in question be immediately suspended until such time a mutual
determination is made as to their usage/discontinuation. Open-a-Bar.com
wishes to make clear that our first and foremost concern is cooperation
in these matters and urgent and passive resolve in all cases is paramount.
Publications, products, content or services referenced herein or on
the Site are the exclusive copyrights of Open-a-Bar.com. Other product
and company names featured in the Site may be copyrights of their respective
owners and/or licensors.
TRADEMARKS
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or service marks of
Open-a-Bar.com. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by Open-a-Bar.com,
Open-a-Bar.com does not operate, control or endorse any information, products or
services on the Internet in any way. Except for
Open-a-Bar.com;
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with
Open-a-Bar.com a. You also understand that
Open-a-Bar.com cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. Open-a-Bar.com PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND Open-a-Bar.com SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
Open-a-Bar.com DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
Open-a-Bar.com HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Open-a-Bar.com BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF Open-a-Bar.com OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, Open-a-Bar.com LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Open-a-Bar.com makes no representations whatsoever about any other
web site which you may access through this one or which may link to
this Site. When you access a non-Open-a-Bar.com web site, please
understand that it is independent from Open-a-Bar.com, and that
Open-a-Bar.com has no control over the content on that web site. In
addition, a link to a Open-a-Bar.com web site does not mean that
Open-a-Bar.com endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Open-a-Bar.com, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Open-a-Bar.com and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree that any legal
action or proceeding between Open-a-Bar.com and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any cause of action or claim you
may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. Open-a-Bar.com's failure to insist upon or
enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. Open-a-Bar.com may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
EARNINGS DISCLAIMER
Every effort has been made to accurately represent our recommended products, materials and their potential. Even though this industry can be highly lucrative, there is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our products, ideas and techniques and inherently possesses many variables that exist beyond our control or influence.
We do not purport this as any type of "get rich scheme." The Site and Materials featured herein are considered to be business planning and strategizing tools and would be employed in a manner consistent with legitimate business development. Any claims made of actual earnings or examples of actual results can be verified upon request, however we cannot extend this promise in third-party situations. Your level of success in attaining the results claimed in our materials depends on the time you devote to the various programs, ideas, strategies and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions. We are also not liable for the claims or opinions represented within third-party advertisers, materials or products. We have selected products that we feel are in line with our mission statement and will likely best benefit our targeted demographic.
Materials in our products and our website(s) may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as "anticipate," "estimate," "expect," "project," "intend," "plan," "believe," and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward-looking statements here or on any of our sales materials are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else's, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our materials.
AMAZON AFFILIATION DISCLAIMER
Open-a-Bar.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com or myhabit.com.
Any rights not expressly granted herein are reserved.