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As you read this agreement, remember that the words "you", "your" and "subscriber", "member" mean the owner of the membership. The words "we", "our”,"us”, and "Fetch365™" refer to 365 Network Security Inc.
INTRODUCTION:
Please read this carefully. By accessing the Fetch365.com website ("the website", www.Fetch365.com) you are agreeing to the terms that appear below, whether or not you register as a user. If you do not agree to these Terms and Conditions please do not use the site. We reserve the right, at our discretion, to update or revise these Terms and Conditions. Please check the Terms and Conditions periodically for changes. Your continued use of this site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. These terms were last updated on December 1, 2001. The website is owned and operated by 365 Network Security.
1. TERM
Your membership will remain active indefinitely as long as you keep a current email address on file. If we receive a returned undeliverable email, you will have 60 days from the day we receive notice, to update your information or your membership will be cancelled.
2. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by 365 Network Security Inc., you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create, derivative works from such materials or content. You may receive and display the content from the website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal, non-commercial use.
The Fetch365™ business model is the subject of a pending patent application.
3. REGISTRATION
On registration, you must provide Fetch365™ with accurate and complete registration information and it is your responsibility to inform Fetch365™ of any changes to that information (in particular your email address). Changes to your details should be made directly to your personal portfolio maintained on the Fetch365™ secure server. Each registration is for a single user only. On registration you will choose a password (collectively "your id"). You are responsible for all access to the site made using your id. You are also responsible for preventing unauthorized use of your id. If you believe that there has been any breach of security such as the disclosure, theft or unauthorized use of your id you must notify Fetch365™ immediately by email to Support@Fetch365™.com.
4. FREE SERVICE
Registration for the Fetch365™ service entitles the registered user to the free use of the identifier printed on the Fetch365™ tag or labels. Further supplies of tags or other replacement identifiers will be charged at prices ruling at time of re-order. Members are responsible for all applicable phone, recovery, freight, or any other charges that may be associated with the recovery or attempted recovery of lost property.
5. LIMITATION OF LIABILITY AND DISCLAIMER
The Fetch365™ service is designed as a property marking system that will simplify the process by which a finder of lost property can contact the owner and arrange the return of that property. However, the use of the service is beyond the control of 365 Network Security Inc. who cannot therefore offer any guarantee that Fetch365™ tagged property will be returned to its owner. Under no circumstances shall 365 Network Security Inc. or any other party involved in creating, producing, or distributing the Fetch365™ goods or services be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Fetch365™ property recovery system, this website, or related services, including but not limited to reliance by a User on any omissions, interruptions, deletion of files, or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Fetch365™ records, programs, all content, merchandise, and services available through Fetch365™. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. All materials, information, software, products, and services included in or available through this site (the "content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or noninfringement. 365 Network Security Inc., its subsidiaries, and its licensors, and advertisers, do not warrant that the content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected. Your use of this site is solely at your risk.
6. PRIVACY POLICY
The information that you provide about yourself to Fetch365™ will only be used by us in accordance with our Privacy Policy Statement, which can be accessed on this website. This includes: Using your information for the effective administration of the website and to communicate with you. The disclosure of your information to your sponsoring company if you have given 365 Network Security Inc. permission to do so. You may change your wishes about whether you want your information held by 365 Network Security Inc. disclosed to your sponsoring organizations at any time by making the appropriate change in your personal portfolio details. If you make a change from allowing disclosure to preventing disclosure we will remove your details from disclosure within 14 days of your notification. However, we have no control over the use of your information that has already been released to this organization. Regardless of whether you have selected disclosure of your information to your sponsor organization or not 365 Network Security Inc. may at its sole discretion provide any information held about you to relevant law enforcement agencies having due cause to request such information.
7. ADVERTISING AND SPONSORSHIP
Parts of the website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the website complies with and national law. 365 Network Security Inc. will not be responsible for any error or inaccuracy in any advertising or sponsored material.
8. INDEMNIFICAITON
You agree to defend, indemnify, and hold harmless 365 Network Security Inc. and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site or related services.
9. INTERNATIONAL USE
365 Network Security Inc. makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
10. CHOICE OF LAW AND FORUM
These Terms and Conditions shall be governed by and constructed in accordance with the laws of the State of Florida, excluding its conflicts of law rules. Your expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of the site shall be filed only in the state or federal courts located in the State of Florida, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
11. GENERAL
You may not assign, sub-license or otherwise transfer any of your rights under these terms. Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy. 365 Network Security Inc. reserves the right, in its sole discretion, to terminate your access to all or part of this site and service, with or without notice. Headings in these terms are for convenience only and will have no legal meaning or effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and 365 Network Security Inc. either respect to this site and services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and 365 Network Security Inc. If any of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.
12. TERMINATION
365 Network Security Inc. reserves the right, in its sole discretion, to terminate your membership, with or without notice.
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