USER AGREEMENT
("Agreement")
ACCEPTANCE OF TERMS
THROUGH USE
By using this site,
you ("User") signify your agreement to these terms and conditions.
If you do not agree to this Agreement please do not use this site.
Please check this
Agreement periodically for changes as the owner of this site Leapahead Companies and PracticeFix.com. reserves the right to revise this Agreement and your continued
use of this site following the posting of any changes to the Agreement
constitutes acceptance of such changes. The Company reserves the
right to terminate a User's use of this site at any time without
notice and may do so for any breach of this Agreement or the instructions
on this site by User. This Agreement applies to licensors and advertisers
as well.
YOU MUST BE OVER
18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must
be completed, understood and agreed to by a person over 18. If a
parent or guardian wishes to permit a person under 18, and under
his or her supervision, to use this site, he or she should email
the Company with his or her explicit permission and acceptance of
full legal responsibility for the minor to do so. If you are not
yet 18, if you are easily offended, or are accessing this site from
any country where material on this site is prohibited or illegal,
please leave now as you do not have permission to access this site.
LICENSE TO USE THIS
SITE
Upon your agreement
to this Agreement, the Company hereby grants you a non-exclusive,
non-transferable limited license to use this site in strict accordance
with the terms and conditions in this Agreement and as permitted
via instructions on this site. You agree not to make any false or
fraudulent statements in your use of or to gain access to this site.
You acknowledge and agree that all content and services available
on this site are property of the Company and its advertisers and
licensors and are protected by copyrights, moral rights, trademarks,
service marks, patents, trade secrets, and other proprietary rights
and laws, in the U.S. and internationally. All rights not expressly
granted herein are fully reserved by the Company, its advertisers
and licensors.
LICENSE RESTRICTIONS
Use
Except as may be
explicitly permitted through this site, you agree not to save, download,
cut and paste, sell, license, rent, lease, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit, or create derivative works from materials, code or content
on or from this site. Systematic retrieval of data or other content
from this site to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from
the Company is prohibited. In addition, use of the content or materials
for any purpose not expressly permitted in this Agreement is prohibited.
Security
You agree that if
you are issued a Username and Password by the Company, you shall
use your best efforts to prevent access to this site through your
Username and Password by anyone other than yourself, including but
not limited to, keeping such information strictly confidential, notifying
the Company immediately if you discover loss or access to such information
by another party not under your control and supervision, and by using
a Username and Password not easily guessed by a third party.
You agree that you
shall not try to reverse engineer, reverse assemble, reverse compile,
decompile, disassemble, translate or otherwise alter any executable
code, contents or materials on or received via this site. You understand
that such actions are likely to subject you to serious civil and
criminal legal penalties and that the Company shall pursue such penalties
to the full extent of the law to protect its rights and the rights
of its other licensors.
International Users
Accessing this site,
and services, products or contents available on this site, except
as expressly allowed through instructions and truthful statements
by the User in regard to use of this site, from places outside the
U.S. or where their contents are illegal, is prohibited. Those who
choose to access this site from other locations do so knowingly on
their own initiative and voluntarily at their own risk and are responsible
for compliance with local laws. None of the information on this site
may be downloaded, exported or reexported into Iran, Iraq, Syria,
Libya, Sudan, Cuba, North Korea, Yugoslav Republic (Serbia and Montenegro),
Rwanda, Nigeria or any other country with restrictions imposed by
the U.S. Government. By using this site, you agree that you are not
a citizen of or a resident in any of these countries.
Export
You agree that you
shall comply with all applicable export and import control laws and
regulations in your use of this site, or materials or services received
through this site, and, in particular, you shall not export or re-export
anything on or received through this site in violation of local or
foreign export laws and/or without all required U.S. and foreign
government licenses.
Government Use.
If you are a branch
or agency of the U.S. Government, the following provision applies.
This site, code, contents, services and accompanying documentation
are comprised of "commercial computer software" and
"commercial computer software documentation" as such terms are used
in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government
(i) for acquisition by or on behalf of civilian agencies, consistent
with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition
by or on behalf of units of the Department of Defense, consistent with
the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3
(JUN 1995). Unpublished rights reserved under the copyright laws of
the United States.
USER'S LICENSE GRANT
TO SITE
Except with regard
to personal information, all information which you post on this site
or communicate to the Company through this site (collectively "Submissions")
shall forever be the property of the Company. You agree to the Site
Submission Rules found below as part of this Agreement if provided
on the site by the Company. The Company shall not treat any submission
as confidential and shall not incur any liability as a result of
any similarities that may appear in future Company services or products.
Without limitation, the Company shall have exclusive ownership of
all present and future existing rights to any Submission of every
kind and nature everywhere. You acknowledge that you are fully responsible
for the message, including its legality, reliability, appropriateness,
originality and copyright. You hereby represent and warrant that
your Submission does not infringe the rights of any third party.
TRADEMARKS
The Company's, licensors'
or other third party materials, services or products referenced on
this site are common law or registered trade marks or service marks
of such parties.
THIRD PARTY SITES
You may be transferred
to online merchants or other third party sites through links or frames
from this site. You are cautioned to read such sites' Terms and Conditions
and/or Privacy Policies before using such sites in order to be aware
of the terms and conditions of your use of such sites. These sites
may contain information or material that is illegal, unreasonable
or that some people may find inappropriate or offensive. These other
sites are not under the control of the Company, are not monitored
or reviewed by the Company, and the Company is not aware of the contents
of such sites. You acknowledge that the Company is not responsible
for the accuracy, copyright compliance, legality, decency, or any
other aspect of the contents or any transmissions received through
such sites. The inclusion of such a link or frame does not imply
endorsement of this site by the Company, its advertisers or licensors,
any association with its operators and is provided solely for your
convenience. You agree that the Company and its licensors have no
liability whatsoever from such third party sites and your usage of
them.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS
ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT
THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH
THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR
ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS
SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS
SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING
ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE
COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE
CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE,
RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR
THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE
IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES,
REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES
SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY
TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH
USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS
SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS,
EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS'
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend,
indemnify, and hold harmless the Company, its advertisers, licensors,
subsidiaries and other affiliated companies, and their employees,
contractors, officers, agents and directors from all liabilities,
claims, and expenses, including attorney's fees, that arise from
your use of this site, or any services, information or products from
this site, or any violation of this Agreement. The Company reserves
the right, at it own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you,
in which event you shall cooperate with the Company in asserting
any available defenses.
LEGAL COMPLIANCE
Company may suspend
or terminate this Agreement or User's use immediately upon receipt
of any notice which alleges that User has used this site for any
purpose that violates any local, state, federal or law of other nations,
including but not limited to the posting of information that may
violate third party rights, that may defame a third party, that may
be obscene or pornographic, that may harass or assault others, that
may violate hacking or other criminal regulations, etc. of its agents,
officers, directors, contractors or employees. In such event, Company
may disclose the User's identity and contact information, if requested
by a government or law enforcement body or as a result of a subpoena
or other legal action, and Company shall not be liable for damages
or results thereof and User agrees not to bring any action or claim
against Company for such disclosure.
CHOICE OF LAW AND
FORUM
This site (excluding
third party linked sites) is controlled by the Company from its offices
within the State of Indiana, U.S. of America. It can be access from
all 50 states as well as from other countries around the world to
the extent permitted by site. As each of these places has laws that
may differ from Indiana, by accessing this site, both you and the
Company agree that the statues and laws of Indiana shall apply to
any actions or claims arising out of or in relation to this Agreement
or your use of this site, without regard to conflicts of laws principles
thereof. You and the Company also agree and hereby submit to the
filing of any claim only in the exclusive personal jurisdiction and
venue of Indiana and any legal proceedings shall be conducted in
English. The Company makes no representation that materials on this
site are appropriate or available for use in other locations, and
accessing them from territories where their contents are illegal
is prohibited. This Agreement shall not be governed by the United
Nations Convention on Contracts for the Sale of Goods.
CLAIMS OR REPRESENTATIONS
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND
IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE
CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, 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 ENTIRELYDEPENDENT
ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT
THIS AS A “GET RICH SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN
BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS
CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM,
IDEAS 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.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE 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
MATERIAL 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 ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE
ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
MISCELLANEOUS
This Agreement incorporates
by reference the Site Submission Rules if this site allows posting
and posts such Rules. This Agreement constitutes the entire agreement
between the parties related to the subject matter thereof, supersedes
any prior or contemporaneous (oral, written or electronic) agreement
between the parties and shall not be changed except by written agreement
signed by an officer of the Company. If any provision of this Agreement
is prohibited by law or held to be unenforceable, the remaining provisions
hereof shall not be affected, and this Agreement as much as possible
under applicable law shall continue in full force and effect as if
such unenforceable provision had never constituted a part hereof
and the unenforceable provision shall be automatically amended so
as to best accomplish the objectives of such unenforceable provision
within the limits of applicable law. User shall not assign or transfer
this Agreement and any such transfer shall be void.
Site Submission Rules
By using features
of this site that allow you to post or otherwise transmit information
to or through this site, or which may be seen by other users, you
agree that you shall not upload, post, or otherwise distribute or
facilitate distribution of any content -- including text, communications,
video, software, images, sounds, data, or other information -- that:
" is unlawful, threatening,
abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, tortious, obscene, sexually explicit
or graphic, or otherwise in violation of this site's rules or policies;
" victimizes, harasses, degrades, or intimidates an individual or group
of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
" infringes any patent, trade mark, service mark, trade secret, copyright,
moral right, right of publicity, privacy or other proprietary right
of any party;
"
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail
(also known as "spamming"), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
" contains software viruses or any other computer code, files, or programs
that are designed or intended to disrupt, damage, or limit the functioning
of any software, hardware, or telecommunications equipment or to damage
or obtain unauthorized access to any data or other information of any
third party; or
" impersonates any person or entity, including any employee or representative
of this site, its licensors or advertisers.
You also agree that
you shall not harvest or collect information about the users of this
site or use such information for the purpose of transmitting or facilitating
transmission of unsolicited bulk electronic e-mail or communications
for any other commercial purpose of your own or a third party.
You further agree
that you shall not solicit or collect information, or attempt to
induce any physical contact with, anyone 18 years old or younger
without appropriate prior verifiable express parental consent.
This site generally
does not pre-screen, monitor, or edit the content posted by users
of this site. However, this site and its agents have the right, at
their sole discretion, to remove any content that, in this site's
sole judgment, does not comply with the Site Submission Rules or
is otherwise harmful, objectionable, or inaccurate. This site is
not liable for any failure, delay, damages or results, in removing
such content.
You agree that your
use of this site may be suspended or terminated immediately upon
receipt of any notice which alleges that you have used this site
in violation of these Rules and/or for any purpose that violates
any local, state, federal or law of other nations, including but
not limited to the posting of information that may violate third
party rights, that may defame a third party, that may be obscene
or pornographic, that may harass or assault others, that may violate
hacking or other criminal regulations, etc. of its agents, officers,
directors, contractors or employees. In such event, you agree that
the owner of this site may disclose your identity and contact information,
if requested by a government or law enforcement body or as a result
of a subpoena or other legal action, and the owner of this site shall
not be liable for damages or results thereof, and you agree not to
bring any action or claim against the owner of this site for such
disclosure.
This site reserves the right to revise these Rules
at its discretion, so check back from time to time to be sure you
are complying with the current version.