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Updated: June 26, 2005 When you ("You" or "User") use this Internet web site (or any co-branded versions of this web site) ("Site"), You agree to the following terms and conditions (the "User Agreement"). Clienty ("Clienty" or "We") may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USER AGREEMENT AND ALL REVISIONS THEREOF. This Site is for Adults Only Our services are available only to individuals who can form legally binding contracts under applicable law. You may use this site and the services available here during the time You are a registered user. The Site is Evolving We may modify or discontinue this Site and the services available at it without notice or liability to You. Clienty is a Venue and a Finder The Site functions as a venue to connect buyers and service providers in a virtual marketplace. As a neutral facilitator, Clienty is not directly involved in the actual transactions between users of the Site. As a result, Clienty has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the Internet is difficult, Clienty cannot and does not confirm the identity of users. Clienty also does not confirm nor verify the qualifications, background, or abilities of users. Therefore, We recommend that You be careful and exercise common sense and good judgment when dealing with any User on the Site. Because Clienty assists service providers in finding buyers in need of services, Clienty is considered the official finder for each project accepted through the site and its associated buyer and charges a transaction fee. Clienty service providers and buyers are responsible for meeting payroll, tax and legal requirements for any legal entity. Clienty provides a directory of service providers The Site contains a directory of service providers. The directory is populated with information from various public sources and from subscribing service providers themselves. Clienty provides this directory as a service convenience and does not confirm or verify the information within it. Consequently Clienty does not guarantee the truth, accuracy, quality, legality, or safety of the directory entries. While Clienty may make available to Users a voluntary third party verification service, Clienty does not confirm or verify the qualifications, background, abilities, or availability of the service providers listed. Therefore, We recommend that You be careful and exercise common sense and good judgment when dealing with any service provider listed on the Site. You agree not to hold Clienty liable for any loss or damage of any sort incurred as the result of use of any information contained within the directory or as the result of the presence of such information on the Site. Your Relationship with Merchants, Advertisers, and Users Your correspondence with merchants, advertisers, or users on the Site, including the development and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant, advertiser, or user. You agree not to hold Clienty liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants, advertisers, or users on the Site. Third Party Content, Verification and Monitoring Clienty may make available to users on the Site various services provided by third parties which verify a User's identity or credentials. Use of the services provided is voluntary. Clienty is a distributor (and not a publisher) of content supplied by any third parties (including but not limited to Verification Service Providers) and users of this Site. Clienty has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users and Verification Service Providers, are those of the respective author(s) or distributor(s) and not of Clienty. Clienty neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorized Clienty employees acting in their official capacities. Clienty does not confirm or verify if a service provider claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the services or advice being requested. You understand and acknowledge that Clienty is not responsible for and does not monitor content for accuracy or reliability. Clienty Fees Clienty is completely free for vendors and buyers. Feedback System As a User, you will be able to post public feedback about Users with whom you have transacted. You also agree to receive public feedback from Users with whom you have transacted. You acknowledge that your feedback may consist of comments and ratings left by other users and that Clienty may calculate a composite feedback number based on these individual ratings. Service providers agree to be rated by buyers along several criteria, as determined by Clienty. Clienty provides its feedback and rating system as a means through which users can express their opinions publicly, and Clienty does not monitor or censor these opinions or investigate any remarks posted by users for accuracy or reliability. Please note that you may be held legally responsible for damages suffered by other Clienty users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Under federal law, Clienty is not legally responsible for any feedback or comments posted or made available on its site by any users or third parties, even if that information is defamatory or otherwise legally actionable. You agree NOT to take any actions that undermine the integrity of the feedback system. Posting of Information on the Site As a User, You will be allowed to post information, data and text to publicly accessible and limited-access areas of the Site. You are not allowed to post logos, seals or slogans from third parties on any part of the Site unless they are provided by Clienty or a Clienty partner, such as a Verification Service Provider, or You have sought and received express written permission from Clienty to display such logo, seal or slogan. In order to operate the Site, Clienty must have certain rights. Consequently, when You post information, text, files, links, attachments, software or other materials ("Content") to publicly visible areas of the Site, You are granting, or warranting that the owner of such Content has expressly granted, a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed. You must use good judgment when posting information, remarks or other Content regarding other users, service providers, Clienty or any other third party. You may be held legally responsible for damages suffered by other Users, Clienty or third parties as a result of legally actionable or defamatory comments, remarks or other information or Content which You post to the Clienty Site. Under federal law (specifically, the Communications Decency Act of 1996), Clienty is not legally responsible for any remarks, information or other Content posted or made available on its Site by any User or third party, even if such information or Content is defamatory or otherwise legally actionable. Clienty is not responsible for and does not monitor or censor Content for accuracy or reliability. However, Clienty reserves the right to remove or restrict access to any information or Content posted or made available on its Site by its users or any third party if ordered to do so by a court or if Clienty considers such information or Content to be in violation of its User Agreement or posted rules or policies, including information or Content Clienty considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, illegal, overly disparaging or deprecating of Clienty or other users or otherwise objectionable. You also agree to all Clienty policies on the release of contact information between users, as described herein and elsewhere on the Site. You are restricted from releasing your telephone number, email address, URL and other such contact information to other users of the Clienty Site until such time as You agree to purchase a Lead from Clienty if you are a service provider or agree to post that information if you are a Buyer. Provide Accurate Information You agree to provide true, accurate and complete information as prompted by the registration form, and maintain and update such information to maintain its truth, accuracy and completeness. Whenever You post any information on or to the Site (including but not limited to posting a request for services, bidding on a posted project, and/or posting your profile), You agree to provide true, accurate and complete information. Clienty reserves the right to terminate Your account upon the discovery that the information You provided or posted is not complete or accurate. Further, your Clienty account (including feedback) and User ID may not be transferred or sold to another party. Guard Your Password You must safeguard the User ID and password You use to access this Site. You authorize us to assume that any person using the Site with Your User ID and password either is You or is authorized to act for You. No Payment Options through Clienty Clienty does NOT enable buyers to transmit payment electronically for services to the applicable service providers to pay their transaction. Clienty is not responsible for the payment methods and payment transactions, or lack of them, between buyers and service providers. Service providers are required to communicate and offer payment options to buyers. Privacy Please see our Privacy Agreement, which is can be seen on the bottom of www.clienty.com User Obligations You agree NOT to do any of the following while using the Site: • Violate any applicable law or regulation; • Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution; • Tamper with postings of other users; • Post logos, seals or slogans from third parties on any part of the Site unless they are provided by Clienty or a Clienty partner; • Solicit or gather any user's information available from the Site, such as other users' names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters; • Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site; • Frame or link to the Site except as permitted in writing by Clienty; • Impersonate or misrepresent Your affiliation with any person or entity. • Post false or misleading information about a product, service or service request; • Post or transmit any Content that infringes a third party's intellectual property rights or rights of publicity or privacy; • Post or transmit any Content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, tortuous, threatening, pornographic, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), overly disparaging or deprecating of Clienty or other users or otherwise objectionable; • Violate any other policies stated on the site; • Repeat any action after you receive warning or request to desist from Clienty, whether or not that action is explicitly stated in policies. This includes continuing to use the Clienty service under the same account, a different account or reregistering under a new account after your membership has been temporarily suspended, indefinitely suspended or terminated. • Fail to respond to an email from Clienty regarding violation, dispute or complaint. Buying and Selling Services on Clienty You agree to:(a) be financially responsible for Your use of Clienty and purchase of services; (b) abide by Clienty's guidelines on posting projects and bidding on projects, which may be updated from time to time; and (c) perform your obligations and complete the transaction as specified by the terms of your posted project and or your bid or Business Terms agreement, whichever is more recent, once you have selected a service provider or and the service provider has accepted a project, respectively, unless such transaction is prohibited by law or by this Agreement. Specifically, upon acceptance of a bid, the buyer agrees to purchase the services and the service provider agrees to provide the services according to the terms of the final bid or Business Terms agreed to by the parties, subject to any further increase or decrease in project scope. Circumvention of Clienty's Fee Structure You agree not to engage in any action or activities meant to circumvent our site or our stated fees. Prohibited systems or techniques include (but are not limited to) the following: • Offer a service directly to a buyer who has posted a project through Clienty, not using the site to place a bid and accept an award; • Any agreement between buyer and seller to mislead or defraud Clienty by conducting a transaction at different cost than the price agreed upon through Clienty; • Placing low value or place-holder bids, with unreasonably high final project charges; • Advertising, spamming or offering services to buyer outside of Clienty without receiving request for contact from buyer. Notices Clienty will provide notices by posting them on the Site and You agree to check the Site for notices. You also authorize Clienty to send notices to You, at Clienty's discretion, via electronic mail unless You otherwise indicate in writing to Clienty. Regardless of whether Clienty sends an email notification, You will be considered to have received a notice when it is made available to You by posting on the Site. Cancellation We may cancel Your membership if We reasonably believe that You have violated or acted inconsistently with the letter or spirit of this User Agreement, or violated our rights or those of another party. Clienty reserves the right to terminate any user for any reason, at its sole discretion. We will notify You if We cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, We will notify You that Your account will be canceled if the law requires such notification. When Your membership is canceled, You may no longer have access to data, messages, files and other material You keep on the Site. The material may be deleted along with all Your previous posts and bids. The provisions entitled "Errors and Disclaimer of Warranties," "Indemnity," "Limitation of Liability," "Audit Provisions and Maintaining Records," "Reservation of Rights," and "General Provisions" will survive cancellation of Your registration. If Clienty terminates this User Agreement based upon Your breach of any portion of the User Agreement, Clienty reserves the right to refuse to provide registration and/or membership to You in the future. Protection of Copyrights and Trademarks The Site contains trademarks and other material furnished by Clienty, its licensors, and other users. You should assume that everything You see or read in publicly viewable areas of the Site that was not furnished or received by You (such as images, photographs, illustrations, text and other materials) ("Site Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Clienty or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose except your own personal viewing. In order to protect Clienty's and its Licensor's trade secrets, You agree that You will not 'reverse engineer' any Site Content consisting of downloadable software, unless specifically authorized by the trade secret owner or otherwise permitted by law. If You violate any of these terms, Your permission to use the Site Content will automatically terminate; You must immediately destroy any copies You have made of the Site Content; and We may revoke Your authorization to use the Site. Reproduction This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Clienty. Clienty and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel service requests or memberships in its discretion, including, without limitation, if Clienty believes that a User's conduct violates applicable law or is harmful to the interests of Clienty and its affiliates. Intellectual Property Policy Clienty respects the intellectual property of others and expects our account holders to do the same. At our discretion and in appropriate circumstances, Clienty may terminate the accounts of users who infringe upon the intellectual property rights of others. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Clienty's designated agent for notice of alleged copyright infringement appearing on our Site is: Clienty New York, NY 10001 To send us an email, please visit our contact page. To file a notice of infringement with us, one needs to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, http://lcweb.loc.gov/copyright/ (visited February 23, 1999). Links The Site may contain links to other web sites or resources. You acknowledge and agree that Clienty is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that We endorse the linked site. You use the links at Your own risk. Limitation of Liability NEITHER CLIENTY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL CLIENTY'S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF ANY USE OF THIS SITE EXCEED $10,000.00. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You. Clienty is not responsible for any liability related to the completion, timeliness, adequacy, and/or payment for services listed on our Site. Any questions, complaints or claims related to the completion, timeliness, adequacy, and/or payment for services should be directed to the appropriate service provider. If Your use of the Site results in the need for servicing or replacing property, material, equipment or data, We are not responsible for those costs. Reservation of Rights; Limited Licenses Clienty and its licensors shall retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. User acknowledges that the Clienty logo and name are trademarks of Clienty, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site may be the trademarks of their respective owners. Except where expressly provided by Clienty, nothing in this User Agreement shall be construed to confer any license under any of Clienty's or any third party's intellectual property rights, whether by estoppels, implication, or otherwise. Errors and Disclaimer of Warranties YOU USE THE SITE AT YOUR RISK. We endeavor to provide a convenient and functional Site, but We do not guarantee that it will be error free or that the Site or the server that operates it are free of viruses or other harmful components. We urge You to keep backup copies of material You maintain on or use with the Site. As mentioned above, We remind You to be careful in Your dealings with other users. Without limiting the foregoing, EVERYTHING ON THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. CLIENTY MAKES NO WARRANTY THAT THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) WILL MEET USER'S REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CLIENTY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. CLIENTY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CLIENTY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Indemnity You agree to defend, indemnify, and hold harmless Clienty, its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content, including without limitation claims against Clienty for unsatisfactory performance of services listed on the Site, or Your violation of this User Agreement. General Provisions You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this User Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This User Agreement is personal to You and You may not transfer, assign or delegate this User Agreement to anyone without the express written permission of Clienty. Any attempt by You to assign, transfer or delegate this User Agreement without the express written permission of Clienty shall be null and void. This User Agreement and any registration for or subsequent use of the Site will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any User and Clienty. This User Agreement will be governed by the law of New York, U.S.A., without regard to its conflicts of law provisions. Any dispute related to this User Agreement will be settled in a binding arbitration under the arbitration rules of the American Arbitration Association. Any dispute You may have with respect to this Site must be commenced within one year after it arises, or the cause of action is barred The paragraph headings in this User Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. The User Agreement and the agreements referenced in this User Agreement comprises the entire agreement between You and Clienty with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any web site that links-to or is linked-from the Site. We suggest that You print out a copy of this User Agreement for Your records. |
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