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Freebieland Gateway Terms of ServiceTHESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF OUR WEBSITE (FreebieLandGateway.com), WHICH IS PROVIDED BY Freebieland Gateway. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY Freebieland Gateway AT ANY TIME AT OUR DISCRETION. YOUR USE OF THIS WEBSITE AFTER SUCH CHANGES ARE MADE CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE UPDATED TERMS OF USE. You must be 18 years of age to access our website YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO. Description of Membership Services Freebieland Gateway provides users with access to an extensive host of resources including financial and other business-related content, various communications tools, forums, personalized content and branded programming through its network of properties (the "Membership Services"). You also understand and agree that the Membership Services we provide may include advertisements and that these advertisements are necessary for Freebieland Gateway to provide the you with those services. You also understand and agree that our Membership Services may include certain communications from Freebieland Gateway, such as service announcements, administrative messages and the Freebieland Gateway Newsletter, and that these communications are considered part of Freebieland Gateway membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that add to or enhance the current Membership Services, including the release of new Freebieland Gateway properties, shall be subject to the Terms of Use. You understand and agree that the Membership Services are provided "AS-IS" and that Freebieland Gateway assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to Membership Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Membership Services. Your Registration Obligations In consideration of your use of the Membership Services you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Membership Services registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Freebieland Gateway has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Freebieland Gateway has the right to suspend or terminate your account and refuse any and all current or future use of Membership Services (or any portion thereof). Freebieland Gateway is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 18 years old to create a Freebieland Gateway account. Freebieland Gateway Privacy Policy Registration and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at: http://www.freebielandgateway.com/privacy Member Account, Password and Security You will receive a password and account designation upon completing the membership registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Freebieland Gateway of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Freebieland Gateway cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Freebieland Gateway reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Freebieland Gateway reserves the right to investigate suspected violations of these Terms of Use. Freebieland Gateway reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Freebieland Gateway to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Freebieland Gateway FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Freebieland Gateway DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Freebieland Gateway OR LAW ENFORCEMENT AUTHORITIES. Affiliate Account, Password and Security You will receive a password and account designation upon completing the affiliate registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Freebieland Gateway of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Freebieland Gateway cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Freebieland Gateway reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Freebieland Gateway reserves the right to investigate suspected violations of these Terms of Use. Freebieland Gateway reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Freebieland Gateway to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Freebieland Gateway FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Freebieland Gateway DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Freebieland Gateway OR LAW ENFORCEMENT AUTHORITIES. Activation of Membership through one-time fee or other means From time to time we may offer Freebieland Gateway subscriptions at reduced prices, or for no charge. If you take advantage of such a promotion you may be required to perform certain other actions to activate your Freebieland Gateway account, including visiting our sponsors' and/or advertisers' websites and/or completing their special offer. Available offers will vary and some offers may require a purchase or payment of a shipping and handling fee to qualify. Member and Affiliate Conduct You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Freebieland Gateway, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Membership Services. Freebieland Gateway does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Freebieland Gateway be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available. You agree to not use the Membership Services to: harm minors in any way; impersonate any person or entity, including, but not limited to, a Freebieland Gateway official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Membership Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the Membership Services or servers or networks connected to the Membership Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Membership Services; intentionally or unintentionally violate any applicable local, state, national or international law; "stalk" or otherwise harass another; or collect or store personal data about other users. You acknowledge that Freebieland Gateway may not pre-screen Content, but that Freebieland Gateway and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Membership Services. Without limiting the foregoing, Freebieland Gateway and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Project Payday or submitted to Freebieland Gateway, including without limitation information in Freebieland Gateway Message Boards, and in all other parts of the Service. You acknowledge, consent and agree that Freebieland Gateway may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; respond to claims that any Content violates the rights of third-parties; respond to your requests for customer service; or protect the rights, property, or personal safety of Freebieland Gateway, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Membership Services and software embodied within the Membership Services may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Freebieland Gateway and/or content providers who provide content to the Membership Services. You may not attempt to override or circumvent any of the usage rules embedded into the Membership Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Membership Services, in whole or in part, is strictly prohibited. Content Submitted or Made Available For Inclusion in the Service Freebieland Gateway does not claim ownership of Content you submit or make available for inclusion on the Membership Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Membership Services, you grant Freebieland Gateway the following world-wide, royalty free and non-exclusive license(s):
Indemnity You agree to indemnify and hold Freebieland Gateway, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, or make available through the Membership Services, your use of the Membership Services, your connection to the Membership Services, your violation of the Terms of Use, or your violation of any rights of another. No Resale of Service You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Membership Services (including your Freebieland Gateway User ID), use of Membership Services, or access to the Membership Services. Use and Storage You acknowledge that Freebieland Gateway may establish general practices and limits concerning use of the Membership Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Membership Services, the maximum number of email messages that may be sent from or received by an account on the Membership Services, the maximum size of any email message that may be sent from or received by an account on the Membership Services, the maximum disk space that will be allotted on Freebieland Gateway's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Membership Services in a given period of time. You agree that Freebieland Gateway has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Membership Services. You acknowledge that Freebieland Gateway reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Freebieland Gateway reserves the right to modify these general practices and limits from time to time. Modifications to Membership Services and Affiliate Services Freebieland Gateway reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Membership or Affiliate Services (or any part thereof) with or without notice. You agree that Freebieland Gateway shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Membership or Affiliate Services. Termination You agree that Freebieland Gateway may, under certain circumstances and without prior notice, immediately terminate your Freebieland Gateway account, any associated email address, and access to the Membership or Affiliate Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Membership or Affiliate Services (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Freebieland Gateway account includes (a) removal of access to all offerings within the Membership or Affiliate Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Membership or Affiliate Services. Further, you agree that all terminations for cause shall be made in Freebieland Gateway's sole discretion and that Freebieland Gateway shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Membership or Affiliate Services. Dealings with Advertisers Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Membership Services, including payment 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 advertiser. You agree that Freebieland Gateway shall not be responsible or 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 advertisers on the Membership Services. Links to Other Websites The Membership Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Freebieland Gateway has no control over such sites and resources, you acknowledge and agree that Freebieland Gateway is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Freebieland Gateway does not guarantee, warrant or assume responsibility for the accuracy of information obtained from other websites, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Freebieland Gateway's Proprietary Rights You acknowledge and agree that the Membership Services and any necessary software used in connection with the Membership Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Membership Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Freebieland Gateway or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Membership Services, in whole or in part. Freebieland Gateway grants you a personal, non-transferable and non- exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Membership Services. You agree not to access the Membership Services by any means other than through the interface that is provided by Freebieland Gateway. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE MEMBERSHIP SERVICES IS AT YOUR SOLE RISK. THE MEMBERSHIP SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FREEBIELAND GATEWAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. FREEBIELAND GATEWAY MAKES NO WARRANTY THAT (i) THE MEMBERSHIP SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE MEMBERSHIP SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MEMBERSHIP SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MEMBERSHIP SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MEMBERSHIP SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREEBIELAND GATEWAY OR THROUGH OR FROM THE MEMBERSHIP SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE MEMBERSHIP SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE MEMBERSHIP SERVICES. IMMEDIATELY DISCONTINUE USE OF THE MEMBERSHIP SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE MEMBERSHIP SERVICES -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. EARNINGS DISCLAIMER YOU EXPRESSLY UNDERSTAND AND AGREE THAT: WE DO NOT REPRESENT IN ANY WAY THAT YOU WILL BECOME RICH, BE ABLE TO QUIT YOUR CURRENT EMPLOYMENT, OR RELY ON FREEBIELAND GATEWAY AND ITS SERVICES FOR FINANCIAL STABILITY. WHILE SOME PEOPLE DO ACHIEVE FINANCIAL STABILITY USING OUR PROGRAM AND NOTHING ELSE, SUCH RESULTS ARE SOLELY THE RESPONSIBILITY OF AND TOTALLY DEPENDENT UPON YOU, THE MEMBER/USER OF THE MEMBERSHIP SERVICES. WE SIMPLY SUPPLY THE TOOLS AND GUIDANCE IN GOOD FAITH. YOU MUST SUPPLY YOUR OWN CAPACITY, WILLINGNESS TO WORK, EFFORT, KNOWLEDGE, AND ANY OTHER RESOURCES YOU POSSESS THAT MAY ENHANCE YOUR ABILITY TO USE OUR SERVICE. EARNINGS SHOWN ON OUR WEBSITE AND TESTIMONIALS GIVEN BY OUR CLIENTS ARE 100% AUTHENTIC, BUT ARE NOT MEANT AS GUARANTEES THAT YOU WILL SEE THE SAME RESULTS. YOUR INDIVIDUAL RESULTS ARE SOLELY THE RESPONSIBLITY OF AND TOTALLY DEPENDENT UPON YOU, THE MEMBER/USER OF THE MEMBERSHIP SERVICES. WE SIMPLY SUPPLY THE TOOLS AND GUIDANCE IN GOOD FAITH. YOU MUST SUPPLY YOUR OWN CAPACITY, WILLINGNESS TO WORK, EFFORT, KNOWLEDGE, AND ANY OTHER RESOURCES YOU POSSESS THAT MAY ENHANCE YOUR ABILITY TO USE OUR SERVICE. YOU AGREE THAT FREEBIELAND GATEWAY'S SERVICES AND MENTORSHIP ARE NOT RESPONSIBLE FOR ANY SUCCESS OR FAILURE IN ANY WAY RELATED TO THE USE OF OUR MEMBERSHIP SERVICES. AFFILIATE EARNINGS AFFILIATES OF FREEBIELAND GATEWAY AGREE THAT THE QUALITY OF THEIR LEADS WILL BE MONITORED, AND FURTHER AGREE THAT WE RESERVE THE RIGHT TO REVOKE AFFILIATION AND ACCEPTANCE OF LEADS AT ANY TIME. LEADS DEEMED FRAUDULENT WILL NOT BE ACCEPTED. AFFILIATES ARE PAID ONLY FOR REFERRALS WHO REGISTER AND ACTIVATE THEIR MEMBERSHIP USING THE ONE-TIME ACTIVATION FEE OPTION. MEMBERS WHO REGISTER AND HAVE THEIR ONE-TIME ACTIVATION FEE WAIVED (SUCH AS FOR COMPLETING A SPONSOR OFFER OR OTHER TASK IN LIEU OF PAYMENT) ARE NOT CONSIDERED PAYABLE LEADS/REFERRALS. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEMBERSHIP SERVICES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FREEBIELANDGATEWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MEMBERSHIP SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MEMBERSHIP SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MEMBERSHIP SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE MEMBERSHIP SERVICES. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. No Third Party Beneficiaries You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Agreement. Notice Freebieland Gateway may provide you with notices, including those regarding changes to the Terms of Use, by either email, regular mail, or postings on the Membership Services. Trademark Information Freebieland Gateway, the Freebieland Gateway logo and other Freebieland Gateway product and service names are trademarks of Freebieland Gateway. Without Freebieland Gateway's prior permission, you may not display or use the Freebieland Gateway Marks in any way, shape or form. Disputes As part of the consideration that Freebieland Gateway requires for viewing and interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy of any kind (whether in contract, tort or otherwise) arising out of or relating to a purchase, this product, including solicitation issues, privacy issues, and terms of use issues. 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, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of Freebieland Gateway. In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses. Entire Agreement The Terms of Service constitute the entire agreement between you and Freebieland Gateway and govern your use of the Membership Services, superceding any prior agreements between you and Freebieland Gateway. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Freebieland Gateway services, affiliate services, third-party content or third-party software. Choice of Law and Forum The Terms of Service and the relationship between you and Freebieland Gateway shall be governed by the laws of the State of Kentucky without regard to its conflict of law provisions. You and Freebieland Gateway agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Greenup, KY. Waiver and Severability of Terms The failure of Freebieland Gateway to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. No Right of Survivorship and Non-Transferability You agree that your Freebieland Gateway account is non-transferable and any rights to your Freebieland Gateway User ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Membership Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose. Violations If you are aware of any violations of the Freebieland Gateway Terms of Service, please Contact Us. Last updated: April 25, 2009 |