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BEFORE YOU CLICK
ON THE "I AGREE" CHECK-BOX PLEASE READ THE TERMS AND
CONDITIONS OF THIS SUBSCRIBER AGREEMENT CAREFULLY.
BY CLICKING ON THE "I AGREE" CHECK BOX YOU ARE AGREEING TO
BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS
OF THIS SUBSCRIBER AGREEMENT.
Subscriber Agreement
The Web site located at http://www.trumpyourcompetition.com
("Site") is provided by Trump Your Competition™. Your access
to and use of the Site is governed by this Subscriber
Agreement ("Agreement"). As used in this Agreement, "Trump
Your Competition™," "we," "us,'" "our" or "our company" refers
to Trump Your Competition™ and the Trump Your Competition™
website located at: http://www.trumpyourcompetition.com, and
"you" or "your" refers to you, the user of the Site. The
Agreement below is the agreement you consented to upon
subscribing to the site. The Agreement does not apply to use
of the publicly available Web Site maintained by Trump Your
Competition™.
1. Access and Passwords
As part of the subscription process for
this Site, you may have have selected or been assigned a
particular username and password in accordance with our
companies username and password guidelines. YOU AGREE THAT YOU
ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR
USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO
ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree
that all actions taken by you, or any other user that accesses
the Site using your username and password, at or through the
Site will be attributed to and legally bind you, even with
respect to acts for which the user had no actual authority or
made an error. You assume all resulting liability from use of
the Site and any services available on it by you or others
using your username or password. If you lose your username or
password, please contact us at:

2. Subscription Fees and Payments
You can always find the current
Subscription Fees posted on our site. Your subscription will
continue and renew automatically, unless terminated by our
company or until you notify our company by email or as
designated on the Site of your decision to terminate your
subscription. If there are any annual, monthly, or similar
periodic fees for your subscription, these fees will be billed
automatically to the credit card designated during the
registration process for the Site or subsequently designated
by you to our company, at the start of the annual, monthly, or
similar period, and at the start of each renewal period,
unless you terminate your subscription before the relevant
period begins. You agree to pay or have paid all fees and
charges incurred in connection with your username and password
for the Site (including any applicable taxes) at the rates in
effect when the charges were incurred. All fees and charges
are nonrefundable. Our company may change the fees and charges
then in effect, or add new fees or charges, by giving you
notice in advance. All fees and charges incurred in connection
with our company username and password will be billed to the
credit card designated during the registration process for the
Site or subsequently designated by you to our company. If you
want to designate a different card or there is a change in
credit card validity or expiration date, or if you believe
someone has accessed the Site using your username and password
without your authorization, you may email us at:

You are also responsible for any fees or
charges incurred to access the Site through an Internet
service provider or other third party service. YOU, AND NOT
OUR COMPANY, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO
YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY
YOU.
3. Privacy
Our Privacy Notice is a part of this
Agreement and its terms are incorporated herein by this
reference. Please read it now at the link on our site or by
clicking here.
4. User Conduct
The Site may contain bulletin board
services, news groups, forums, and/or other message or
communication facilities ("Communication Services") designed
to enable you to communicate with others. You agree to use the
Communication Services only to submit or post messages and
material that are proper and, when applicable, related to the
particular Communication Service. You are also prohibited from
submitting to, posting or transmitting through our company any
unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane,
hateful, racially, ethnically, or otherwise objectionable
material of any kind, including but not limited to any
material that encourages conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or
international law. Content that consists of or contains
software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of
"spam" is prohibited. You may not use a false email or postal
address, impersonate any person or entity, or otherwise
mislead as to the origin of your posted content.
Any opinions, advice, statements, services,
offers, or other information that constitutes part of the
content expressed or made available by third parties are those
of the respective authors or distributors and not of our
company nor its affiliates, not any of their officers,
directors, employees, or agents. You acknowledge that our
company does not pre-screen all content, but that our company
and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any
content that is made available via the Communication Services.
Without limiting the foregoing, our company and its designees
shall have the right to remove any content that violates this
Agreement or is otherwise objectionable. You specifically
agree that our company is not responsible for any content sent
using and/or included in the Site by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material
of our company (or material that other suppliers have licensed
to our company for their use) which is protected by copyright
and other laws respecting proprietary rights. Our company
retains all rights in the material and media, including
(without limitation) all copyright and other proprietary
rights worldwide in all media. You may not use Trump Your
Competition™ (a registered Trademark of the United States of
America) except as expressly permitted under this Agreement
and under U.S. trademark and copyright laws. Any routine
and/or systematic redistribution of any portion of the
products licensed herein is expressly prohibited.
End users who are duly authorized may
access our company website for individual use, i.e., may view
the information on screen; may download small portions of the
information to a computer disk for personal convenience and
later reference; and may print paper copies of small portions
for personal use only.
The rights granted here are an expansion of
the rights granted under the Copyright Act and do not include
any rights to reproduce in its entirety any portion of the
information or materials contained therein. No part of the
information may be duplicated in any medium or format beyond
the express terms of this Agreement without prior written
authorization from our company. Any use not authorized by the
Agreement is prohibited and is not a fair use under the U.S.
copyright law.
You acknowledge that the information (and
the licensed materials contained therein) is highly
proprietary in nature and that unauthorized copying, transfer
or use may cause our company and/or our company's suppliers
irreparable injury that cannot be adequately compensated for
by means of monetary damages. You agree that any breach of
this provision by you, or any subscriber or end-user, may be
enforced by our company, and/or any of our company's
suppliers, by means of equitable relief (including, but not
limited to, injunctive relief) in addition to any other
available rights and remedies.
You agree that any supplier of any portion
of the licensed materials may enforce its rights against you,
even though that supplier is not a party to the Agreement.
You may not and may not permit others to:
reproduce, publish, distribute, sell, or otherwise access or
use any material retrieved from or contained in or on this
Site in any manner whatsoever that may infringe any copyright
or proprietary interest of our company; distribute the
information contained in and/on this Site to other users not
duly authorized to Access the Site; distribute, rent,
sublicense, lease, transfer or assign the information or
Agreement; decompile, disassemble, or otherwise
reverse-engineer this Site or information contained in or on
this Site or any software contained therein, or alter,
translate, modify, or adapt it to create derivative works.
Unauthorized reproduction, transfer, and/or use may be a
violation of criminal as well as civil law.
You are expressly prohibited from placing
or installing any portion of the information on any electronic
media, including, but not limited to, local or wide area
networks, timesharing services, multiple processing units,
multiple site arrangements, service or software rental
bureaus, list servers, online services, electronic bulletin
boards or forums, World Wide Web sites or any other server
that is Internet-enabled, without written authorization by our
company.
If you breach any provision of this
Agreement, our company may immediately terminate this
Agreement and all licenses granted hereunder without prior
notice and in addition to any other available rights and
remedies
6. Limitations on Use
The following activities are prohibited.
You agree not to:
a. Use Web-accelerated browsers or products
(including but not limited to NetJet, NetSonic, MSIECrawler
and Teleport-Pro), or other applications that are capable of
copying large portions of content from the Site. Our company
can detect the use of these systems through live log file
analysis and will ban any future use by offenders.
b. Use robots and crawlers, or similar
technology, without following the robot guidelines Found at:
http://info.webcrawler.com/mak/projects/robots.html
We are able to detect robots violating the
guidelines and we will ban any offenders. If you are using a
robot/crawler to check our company website links, it must
operate according to the robot guidelines (see above). Do not
leave new robots unattended and allow a minimum of 1 minute
between automated requests.
c. Use any device, software or routine or
the like to interfere or attempt to interfere with any Site
functionality;
d. Take any action that imposes an
unreasonable or disproportionately large load on the Site
infrastructure;
e. Use any email addresses appearing on the
Site for purposes not relating specifically to the Site;
f. Access the Site by any means other than
through the interface that is provided by our company, or
attempt or access any area of the Site to which your access is
not authorized; or
g. Reverse engineer, reverse assemble or
otherwise attempt to discover any source code relating the
Site, except to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and
other content compiled by our company. While we use
commercially reasonable efforts to provide accurate
information, our company gives no warranty as to the accuracy
of the database and other content on the Site. Our company
reserves the right to withdraw or delete information or
content from the Site at any time.
8. Links to Third Party Sites
Our company does not endorse the content on
any third-party Web site, including Web sites of our company's
affiliates ("Third-Party Sites"). Our company is not
responsible for the content of Third-Party Sites that you
reach through links on the Site, sites framed within the Site,
or third-party advertisements on the Site, and we do not make
any representations regarding their content or accuracy. Your
use of Third-Party Sites is at your own risk and subject to
the terms and conditions of use for such sites. Any
transaction that you conduct at a Third-Party site will be
between you and the party providing that Web site. This means
that our company is not your agent and is not a party to any
transaction at a Third-Party Site.
9. Representations and Warranties
You represent and warrant to our company
that: (a) you possess the legal right and ability to enter
into this Agreement; (b) all information submitted by you to
the Site is true and accurate; (c) you will be responsible for
all use of your username and password even if such use was
conducted without your authority or permission; (d) you are at
least 18 years old; and (e) you will not use the Site for any
purpose that is unlawful or prohibited by this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES
PROVIDED AT OR FOUND WITHIN THIS SITE BY OUR COMPANY AND ITS
AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT
WARRANTIES OF ANY KIND, AND OUR COMPANY AND ITS AFFILIATES
HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, OUR COMPANY DOES NOT MAKE ANY
WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE
SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR
HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c)
TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY;
(e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES
AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES,
FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR
SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR
CRITERIA OF PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL OUR COMPANY OR ANY OF ITS
AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE,
EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR
BREACH OF WARRANTY, AND EVEN IF OUR COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive
Remedy
ALSO, IN NO EVENT WILL OUR COMPANY OR ANY
OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY
AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED
BY OUR COMPANY FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE
SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR
CLAIM.
13. Indemnity
You agree to indemnify and hold us
harmless, and pay our attorney's fees and costs, if we become
liable for or incur any damages in connection with your breach
of this Agreement. You may not settle any dispute without our
prior consent, which may only be given in a non-electronic
writing signed by an authorized representative of our company.
14. Consent to Electronic Notices and Other
Communications
You agree that all of your transactions
relating to the Site may, at our option, be conducted
electronically, including any that we are otherwise required
to provide in "writing". For example, we may send you notices
via postings at the Site or via email to any email address
that you provide to us during registration as a Site member.
If you do not wish to deal with us electronically, you should
not use the Site or enter into this Agreement. If applicable
law now or later requires us to communicate with you
non-electronically, we reserve the right to charge a fee for
doing so. Notice will be deemed given 24 hours after the email
is sent, unless (for email) we are notified that the email
address is invalid. Alternatively, we may give you notice by
mail to the address provided during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic
copy of this Agreement (and any amendment from time to time)
and retain it in your records. You also agree to make a copy
of any other information that we deliver to you in writing.
16. Termination
Our company may terminate your subscription
and/or access, or suspend access to all or part of the Site,
without notice, for any conduct that our company, in its sole
discretion, believes is in violation of this Agreement, any
applicable law, or any act which is harmful to the interests
of another user, service provider, or our company. Our company
may also elect not to renew your subscription and access by
providing a notice of nonrenewal prior to the end of your
current subscription term. Applicable sections of this
agreement will survive any termination or expiration of this
Agreement.
17. Assignment
You agree not to assign your rights under
this Agreement without the consent of an authorized
representative of our company in a non-electronic record, and
any assignment without our company's consent will be voidable
at our company's option. This Agreement will inure to the
benefit of and bind the parties' respective successors and
permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of
the State of California, without regard to principles of
conflict of laws.
To the extent you have in any manner
violated or threatened to violate our company and/or its
affiliates' intellectual property rights, our company and/or
its affiliates may seek injunctive or other appropriate relief
in any state or federal court in the State of California, and
you consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as
follows:
If a dispute arises under this agreement,
we agree to first try to resolve it with the help of a
mutually agreed-upon mediator in the following location:
Orange County, California, United States of America. Any costs
and fees other than attorney fees associated with the
mediation will be shared equally by each of us.
If it proves impossible to arrive at a
mutually satisfactory solution through mediation, we agree to
submit the dispute to binding arbitration at the following
location: Orange County, California, United States of America,
under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
19. Amendments
Our company may change the provisions of
this Agreement. When our company changes the terms of this
Agreement, our company will notify you by email or online
postings on this Site. The changes will also appear in this
document, which you can access any time. You already agreed to
be bound by the changes when you first subscribed to the site.
If you do not agree to be bound by the changes, you should not
use the Site again and you should cancel your subscription to
the Site. Even if you have not clicked on the "I Agree" button
or checked the I agree box when subscribing, if you use the
Site after you have been notified of a change to this
Agreement, you are agreeing now to be bound by that change.
20. Entire Agreement; Severability; No
Waiver
This Agreement (including all documents
incorporated by reference) is the entire agreement between the
parties for its subject matter and supersedes all prior and
contemporaneous communications between the parties. No term of
this Agreement may be waived by our company except in a
signed, non-electronic writing signed by an authorized
representative of our company.
21. General
If any provision of this Agreement is found
by a court of competent jurisdiction to be invalid, the
parties agree that its remaining provisions will remain in
full force and effect, provided that the allocation of risks
described herein is given effect to the fullest extent
possible. Our failure to act with respect to a breach by you
or others does not waive our right to act with respect to
subsequent or similar breaches. You agree that no joint
venture, partnership, employment or agency relationship exists
between you and our company or its affiliates as a result of
this Agreement or your use of the Site.
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