TERMS AND CONDITIONS OF USE
Welcome to our website. This site is
maintained as a service to our customers. By using this site, you agree to
comply with and be bound by the following terms and conditions of use. Please
review these terms and conditions carefully. If you do not agree to these terms
and conditions, you should not use this site.
1. Agreement. This Agreement (the “Agreement'”) specifies the Terms
and Conditions for access to and use of any and all sites run by Dennis J. Becker
(d.b.a. MDM Sports) (the “Site'”) and describe the terms and conditions
applicable to your access of and use of the Site. This Agreement may be
modified at any time by the site operator upon posting of the modified
agreement at this address. Any such modifications shall be effective
immediately. Each use by you shall constitute and be deemed your unconditional
acceptance of this Agreement.
2. Intellectual Property Ownership.
(a) Our
Content. All content included on this site is and shall continue to be the
property of the site operator or its content suppliers and is protected under
applicable copyright, patent, trademark, and other proprietary rights. Any
copying, redistribution, use or publication by you of any such content or any
part of the Site is prohibited without express permission by the site operator.
Under no circumstances will you acquire any ownership rights or other interest
in any content by or through your use of this site. Product and company names
mentioned on this Site may be trademarks of their respective owners.
(b) User
Supplied Content. By accessing our forum, bulletin board, chat room, or any
other user interactive area of our site, and placing any information in any of
those areas, you hereby grant us a perpetual, irrevocable, royalty free license
in and to such materials, including but not limited to the right to post,
publish, transmit, distribute, create derivative works based upon, create
translations of, modify, amend, enhance, change, display and publicly perform
such materials in any form or media, whether now known or later discovered. You
also grant to others who access the forum, bulletin board, chat room or any
other user interactive area of our site a perpetual, non-revocable, royalty
free license to view, download, store and reproduce your postings but such
license is limited to the personal use and enjoyment of such other party.
(c) Personal Use. the
site operator grants you a limited, revocable, nonexclusive license to use this
site solely for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works, or other use.
You agree not to copy materials on the site, reverse engineer or break into the
site, or use materials, products or services in violation of any law. The use
of this website is at the discretion of the site operator and the site operator
may terminate your use of this website at any time.
(d) Other
Uses. All other use of Content from the Site, including, but not limited to
uploading, downloading, modification, publication, transmission, participation
in the transfer or sale of, copying, reproduction, republishing, creation of
derivative works from, distribution, performance, display, incorporation into
another web site, reproducing the Site (whether by linking, framing or any
other method), or in any other way exploiting any of the Content, in whole or
in part, is strictly prohibited without the site operator prior express written
consent.
3. Disclaimers.
(a) DISCLAIMER
OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,” “AS
AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. the site operator DISCLAIMS ALL WARRANTIES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND
ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF
THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE, THE SITE OPERATOR DOES NOT
WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR
FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE
OPERATOR, ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY
FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR
MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE.
USE OF THE SITE'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF
DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION
OF LIABILITY. THE SITE OPERATOR SHALL NOT BE RESPONSIBLE OR LIABLE TO
PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH THE SITE OPERATOR OR
THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED
THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED,
RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE
NATURE OF THE CAUSE OF ACTION, EVEN IF THE SITE OPERATOR HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS. The information
presented in this Website is intended to be for your educational and
entertainment purposes only.
We
are not presenting you with a business opportunity.
We
are not presenting you with a distributorship.
We
are not making any claims as to income you may earn.
We
are not presenting you with an opportunity to get rich.
Before
embarking on any endeavor, please use caution and seek the advice your own
personal professional advisors, such as your attorney and your accountant.
Where
income figures are mentioned (if any), those income figures are anecdotal
information passed on to us concerning the results achieved by the individual
sharing the information. We have performed no independent verification of the
statements made by those individuals. Please do not assume that you will make
those same income figures.
Please
do not construe any statement in this website as a claim or representation of
average earnings. There are NO average earnings. Testimonials and statements of
individuals are not to be construed as claims or representations of average
earnings. We cannot, do not, and will not make any claims as to earnings,
average, or otherwise.
Success
in any endeavor is based on many factors individual to you. We do not know your
educational background, your skills, your prior experience, or the time you can
and will devote to the endeavor.
Please
perform your own due diligence before embarking on any course of action. Follow
the advice of your personal qualified advisors.
There
are risks in any endeavor that are not suitable for everyone. If you use
capital, only "risk" capital should be used.
There
is no guarantee that you will earn any money using any of the ideas presented
in our in materials. Examples in our materials are not to be interpreted as a
promise or guarantee of earnings. 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. No
guarantee is made that you will achieve any result at all from the ideas in our
material.
You
agree that we will not share in your success, nor will we be responsible for
your failure or for your actions in any endeavor you may undertake.
Please
understand that past performance cannot be an indication of possible future
results.
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 in our materials are intended to express our opinion of earnings
potential. They are opinions only and should not be relied upon as fact.
4. Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You enter
and participate in our forum, bulletin board, chat room, or any other user
interactive area of our site, and gain access to the materials contained
thereon at your own risk.
(b) No Monitoring. We do not monitor or
screen communications on our forum, bulletin board, chat room, or any other
user interactive area of our site and we are not responsible for any material
that any of our forum, bulletin board, chat room, or any other user interactive
area of our site participant posts and we do not assume the responsibility to
do so. In the event that we are notified by any party that any communications
contained in our forum, bulletin board, chat room, or any other user
interactive area of our site is contrary to these terms, we may, but are not
obligated to, investigate the situation and determine in our own discretion,
whether to remove such communication from our forum, bulletin board, chat room,
or any other user interactive area of our site.
We have no liability or responsibility to investigate or remove any
content from our forum, bulletin board, chat room, or any other user
interactive area of our site based upon a complaint or otherwise.
(c) Your Reliance at Your Risk. We do not
make any representations or warranties as to the truth or accuracy of any
statement made or materials posted on or through our forum, bulletin board,
chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the
risk of any actions you take in reliance upon the information that may be
contained in our forum, bulletin board, chat room, or any other user
interactive area of our site.
(d) No Endorsement. We do not endorse or
lend any credence for any statements that are made by any participant in our
forum, bulletin board, chat room, or any other user interactive area of our
site. Any opinions or views expressed by our forum, bulletin board, chat room,
or any other user interactive area of our site participants are their own. We do not endorse or support or otherwise give
any credence or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully
responsible for your own statements and materials that you post in our forum,
bulletin board, chat room, or any other user interactive area of our site and
any consequences, whether or not foreseen, to any party who may rely upon these
statements. You agree that you will not
take any action directed towards attempting to hold us responsible for any such
materials or statements.
(f) Removal of Material. As a participant
in our forum, bulletin board, chat room, or any other user interactive area of
our site, you agree that we may remove any materials from our forum, bulletin
board, chat room, or any other user interactive area of our site for any
reason, in our sole discretion, or for no reason at all. This includes material which is disruptive,
abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any
damage you or others may suffer as a result of our removal of any content from
our forum, bulletin board, chat room, or any other user interactive area of our
site or from the discontinuance of our forum, bulletin board, chat room, or any
other user interactive area of our site at any time.
(g) Right to Expel. We have the right to
remove, expel, or disqualify any party from participation and access to our
forum, bulletin board, chat room, or any other user interactive area of our
site for any time and for any reason, or for no reason whatsoever, in our sole
and absolute discretion. This includes,
but is not limited to any violation of this agreement, disruptive behavior,
complaints from other parties, any allegedly illegal activity, or for any other
reason or for no reason at all.
(h) Right to Terminate. We reserve the
right to terminate our forum, bulletin board, chat room, or any other user
interactive area of our site at any time and all users hold us harmless from
and against any claims, damages, suits, threats, demands, liabilities, actions,
causes of action, or injuries that may result therefrom, including but not
limited to any consequential, incidental, and special damages of every nature
and type.
(i) Prohibitions. You agree that you will
not (1) use our forum, bulletin board, chat room, or any other user interactive
area of our site for any illegal purpose, (2) place any material in our forum,
bulletin board, chat room, or any other user interactive area of our site that
violates the copyrights, trademarks, trade secrets, confidential information or
other rights of any other party, (3) place any material in our forum, bulletin
board, chat room, or any other user interactive area of our site that contains
a false statement about any person, infringes upon the privacy rights of any
other person, or threatens, harasses, abuses or embarrasses any other person,
(4) place any obscene, pornographic, sexually explicit or violent materials,
graphics, photographs, text or otherwise in our forum, bulletin board, chat
room, or any other user interactive area of our site, (5) place any
advertising, attempted business solicitation, marketing materials or sales
promotional materials in our forum, bulletin board, chat room, or any other
user interactive area of our site, (6) pretend to be another person that you
are not, (7) place materials in our forum, bulletin board, chat room, or any
other user interactive area of our site that are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You hold
us harmless from, and indemnify us against, any and all claims for damages from
third parties arising from your participation, use or conduct in our forum,
bulletin board, chat room, or any other user interactive area of our site.
5. Miscellaneous.
(a) Prohibition
Against Data Mining. You are prohibited from data mining, scraping,
crawling, email harvesting or using any process or processes that send
automated queries to the the site operator Web site.
You may not use the the site operator Web site to
compile a collection of listings, including a competing listing product or
service. You may not use the Site or any Materials for any unsolicited
commercial e-mail.
(b) Intended Audience. This website
is intended for adults only. This website is not intended for any children
under the age of 18.
(c) Compliance with Laws. You agree
to comply with all applicable laws regarding your use of the website. You
further agreed that information provided by you is truthful and accurate to the
best of your knowledge.
(d) Indemnification. You agree to
indemnify, defend and hold the site operator and our partners, employees, and
affiliates, harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement or use
of the Site.
(e) Privacy. Your visit to our site is
also governed by our Privacy Policy. Please review our Privacy Policy at http://earn1kaday.net/privacy.html
. The site operator reserves the right,
and you authorize us, to use and assign all information regarding site uses by
you and all information provided by you in any manner consistent with our
Privacy Policy.
(f) DMCA Notice. If you believe your work
has been copied in a way that constitutes copyright infringement, please
provide a notice containing all of the following information to our Copyright
Agent:
(1) An
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
(2) A
description of the copyrighted work that you claim has been infringed;
(3) A
description of where the material that you claim is infringing is located on
the Site;
(4)
Your address, telephone number, and e-mail address;
(5) A
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
(6) A
statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
Our Copyright Agent for Notice of
claims of copyright infringement on the Site is Dennis Becker, who can be reached
at the address shown in the Contact Information section below.
(g) Applicable Law. You agree that the
laws of the state of New Jersey, without regard to conflicts of laws provisions
will govern these Terms and Condition of Use and any dispute that may arise
between you and the site operator or its affiliates. Venue shall be in the
United States of America.
(h) Arbitration. As part of the consideration that the site operator requires
for viewing, using or interacting with this website, you agree to the use of binding
arbitration for any claim, dispute, or controversy of any kind (whether in
contract, tort or otherwise) arising out of or relating to this website. Arbitration
shall be conducted pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute is submitted to the
American Arbitration Association. Information about the American
Arbitration Association, its rules, and its forms are available from the
American Arbitration Association,
(i) Severability. If any provision of
this Agreement shall be adjudged by any court of competent jurisdiction to be
unenforceable or invalid, that provision shall be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise remain in full
force and effect.
(j) Termination. the
site operator may terminate this Agreement at any time, with or without notice,
for any reason.
(k) Contact Information.
HOW TO CONTACT US:
MDM Sports (the site operator)
42 South Washington Ave.
Bergenfield NJ 07621
Phone: 201-384-2271
Email: 5buckguy [at] 5bucksaday.com