DiscountDistributing.net is comprised of the
internet sites
www.DiscountDistributing.net ,
www.bodywraps.com
,
www.toningtables.com ,
www.greatcurves.com , (the
"DiscountDistributing.net Sites"), provides the information
and services on DiscountDistributing.net Sites to you, the
user, conditioned upon your acceptance, without
modification, of the terms and conditions of use ("Terms")
contained herein. Your use of DiscountDistributing.net Sites
constitutes agreement with such Terms.
Before using DiscountDistributing.net Sites, please
carefully read this agreement relating to your use of
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these terms and conditions. If you do not agree to these
terms and conditions, please do not use
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DiscountDistributing.net reserves the right, at
DiscountDistributing.net's sole discretion, to change,
modify, add or remove portions of these Terms periodically.
Such modifications shall be effective immediately upon
posting of the modified agreement to the website unless
provided otherwise (e.g., when implementing major,
substantive changes, DiscountDistributing.net intends to
provide users with up to fourteen days of advance notice).
Your continued use of the DiscountDistributing.net Sites
following the posting of changes to these Terms will mean
that you accept those changes.
Use of DiscountDistributing.net Sites
constitutes full acceptance of and agreement to the Terms;
if a user does not accept DiscountDistributing.net's Terms,
he or she is not granted rights to use
DiscountDistributing.net Sites as defined herein, and should
refrain from accessing DiscountDistributing.net Sites.
DiscountDistributing.net reserves the right at any time and
from time to time to modify or discontinue, temporarily or
permanently, any or all DiscountDistributing.net Sites (or
any part thereof). DiscountDistributing.net shall not be
liable to any user or other third party for any such
modification, suspension or discontinuance except as
expressly provided herein.
By using
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DiscountDistributing.net that you will not use
DiscountDistributing.net Sites, or any of the content
obtained from DiscountDistributing.net Sites, for any
purpose that is unlawful or prohibited by these Terms. If
you violate any of these Terms, your permission to use the
DiscountDistributing.net Sites automatically terminates.
The DiscountDistributing.net Sites are owned
and operated by DiscountDistributing.net for the purpose of
software development, discussion, implementation and
innovation (the "Purpose"). The DiscountDistributing.net
Sites provide products and services for the health & fitness
industry, specifically the commercial indoor sunlamp tanning
industry.
All information, data, text, software,
music, sound, photographs, graphics, video, messages, or any
other materials whatsoever (collectively, "Content"),
whether publicly posted or privately transmitted, is the
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originated. This means that the user, and not
DiscountDistributing.net, is entirely responsible for all
Content that he or she uploads, posts, emails or otherwise
transmits via the DiscountDistributing.net Sites. No user
shall transmit Content or otherwise conduct or participate
in any activities on DiscountDistributing.net Sites that, in
the judgment of DiscountDistributing.net, is likely to be
prohibited by law in any applicable jurisdiction, including
laws governing the encryption of software, the export of
technology, the transmission of obscenity, or the
permissible uses of intellectual property.
DiscountDistributing.net reserves the right to refuse or
delete any Content of which it becomes aware and reasonably
deems not to fulfill the Purpose. In addition,
DiscountDistributing.net shall have the right (but not the
obligation) in its sole discretion to refuse or delete any
Content that it reasonably considers to violate the Terms or
be otherwise illegal. DiscountDistributing.net, in its sole
and absolute discretion, may preserve Content and may also
disclose Content if required to do so by law or judicial or
governmental mandate or as reasonably determined useful by
DiscountDistributing.net to protect the rights, property, or
personal safety of DiscountDistributing.net Sites' users and
the public. DiscountDistributing.net does not control the
Content posted to the DiscountDistributing.net Sites and, as
such, does not guarantee the accuracy, integrity or quality
of such Content. Under no circumstances will
DiscountDistributing.net be liable in any way for any
Content, including, but not limited to, liability 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 or otherwise transmitted via
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Each
user, by using DiscountDistributing.net Sites, may be
exposed to Content that is offensive, indecent or
objectionable. Each user 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.
Use, reproduction, modification, and other
intellectual property rights to data stored on the
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arrangements that may be approved by
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Content located on any DiscountDistributing.net-hosted
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the appropriate license applicable to such Content, or to
such other licensing arrangements as may be approved by
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You agree not to sell, resell, or offer for
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DiscountDistributing.net may establish
general practices and limits concerning use of the
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DiscountDistributing.net will use reasonable efforts to back
up site data and make such data available in the event of
loss or deletion, DiscountDistributing.net has no
responsibility or liability for the deletion or failure to
store any messages and other communications or other Content
maintained or transmitted by any DiscountDistributing.net
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"inactive" and archive accounts and/or Content that are
inactive for an extended period of time.
DiscountDistributing.net reserves the right to change these
general practices at any time, in its sole discretion, with
notice to users and the public as described in Section 1
above.
DiscountDistributing.net, any
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links to other websites. DiscountDistributing.net exercises
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availability thereof or the Content, advertising, products
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not be responsible or liable, directly or indirectly, for
any damage or loss incurred or suffered by any user in
connection therewith. Your access and use of linked
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services therein, is solely at your own risk.
The
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applicable only when you are on an DiscountDistributing.net
Site. Once you choose to link to another website, you should
read that website's privacy statement before disclosing any
personal information.
Each user shall indemnify, defend and hold
harmless DiscountDistributing.net, and its parent
corporation and affiliates and their respective officers,
employees and agents, and each of DiscountDistributing.net's
website partners, from any and all claims, demands, damages,
costs, and liabilities including reasonable attorneys' fees,
made by any third party due to or arising out of that user's
acts or omissions, including claims arising out of that
user's use of the DiscountDistributing.net Sites; his or her
submission, posting or transmission of Content or his or her
violation of the Terms.
EACH USER'S USE OF THE DiscountDistributing.net SITES IS AT
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TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY
USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER
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UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE
QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR
OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER
EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE
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MISCONDUCT, DiscountDistributing.net SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF DiscountDistributing.net HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S
USE OR INABILITY TO USE ANY DiscountDistributing.net SITES
OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE
SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE DiscountDistributing.net SITES; OR ANY OTHER
MATTER RELATING TO THE DiscountDistributing.net SITES. IN NO
EVENT SHALL DiscountDistributing.net'S TOTAL CUMULATIVE
LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF
SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO
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LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
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SECURE ACCESS TO DiscountDistributing.net SITES. OPERATION
OF DiscountDistributing.net SITES MAY BE SUBJECT TO
INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL.
FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS
REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY
INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS
OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT
LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET,
WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS
BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY
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DiscountDistributing.net respects the
intellectual property rights of others, and requires that
the people who use the DiscountDistributing.net Sites do the
same. It is our policy to respond promptly to claims of
intellectual property misuse.
If
you believe that your work has been copied and is accessible
on this site in a way that constitutes copyright
infringement, you may notify us by providing our copyright
agent with the following information in writing:
(1)
the electronic or physical signature of the owner of the
copyright or the person authorized to act on the owner's
behalf;
(2)
identification of the copyrighted work that you claim has
been infringed;
(3)
identification of the material that is claimed to be
infringing and information reasonably sufficient to permit
DiscountDistributing.net to locate the material, including
the full URL.
(4)
your name, address, telephone number, and email 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;
(6)
a statement, made under penalty of perjury, that the above
information in your notice is accurate and that you are the
copyright owner or are authorized to act on the copyright
owner's behalf.
If
DiscountDistributing.net receives such a claim,
DiscountDistributing.net reserves the right to refuse or
delete Content as described under Section 5 hereto, or to
terminate a user's account in accordance with Section 9.
Our
designated agent to receive notification of claimed
infringement under the Digital Millennium Copyright Act OF
1998 ("DMCA") is Rick Houston, 400 Shearer Blvd, Cocoa, FL
32922
After receiving a claim of infringement,
DiscountDistributing.net will process and investigate
notices of alleged infringement and will take appropriate
actions under the DMCA and other applicable intellectual
property laws. Upon receipt of notices complying or
substantially complying with the DMCA,
DiscountDistributing.net will act expeditiously to remove or
disable access to any material claimed to be infringing or
claimed to be the subject of infringing activity, and will
act expeditiously to remove or disable access to any
reference or link to material or activity that is claimed to
be infringing. DiscountDistributing.net will take reasonable
steps to expeditiously notify the subscriber that it has
removed or disabled access to such material.
Upon receipt of a proper counter notification under the
DMCA, DiscountDistributing.net will promptly provide the
person who provided the initial notification of claimed
infringement with a copy of the counter notification and
inform that person that it will replace the removed material
or cease disabling access to it in ten (10) to fourteen (14)
business days. Additionally, DiscountDistributing.net will
replace the removed material and cease disabling access to
it ten (10) to fourteen (14) business days following receipt
of the counter notice, unless DiscountDistributing.net's
designated agent first receives notice from the person who
submitted the initial notification that such person has
filed an action seeking a court order to restrain the
subscriber from engaging in infringing activity relating to
the material on the DiscountDistributing.net system or
network.
You
may provide us with a counter notification by providing our
copyright agent the following information in writing:
(1)
your physical or electronic signature;
(2)
identification of the material that has been removed or to
which access has been disabled, and the location at which
the material appeared before it was removed or access to it
was disabled, including the full URL;
(3)
a statement under penalty of perjury that you have a good
faith belief that the material was removed or disabled as a
result of mistake or misidentification of the material to be
removed or disabled;
(4)
your name, address, and telephone number, and a statement
that you consent to the jurisdiction of Federal District
Court for the judicial district in which your address is
located, or if your address is outside of the United States,
for any judicial district in which DiscountDistributing.net
may be found and that you will accept service of process
from the person who provided the initial notification of
infringement.
The Terms constitute the entire agreement
between each user and DiscountDistributing.net and govern
each user's use of DiscountDistributing.net Sites,
superseding any prior agreements. Each user may be subject
to additional terms and conditions that may apply when that
user uses affiliate services, third party content or third
party software. The Terms and the relationship between each
user and DiscountDistributing.net shall be governed by the
laws of the State of California without regard to its
conflict of law provisions and each party shall submit to
the personal and exclusive jurisdiction of the courts
located within the county of Santa Clara, California . If
any provision of the Terms 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 remain in full force and
effect.
Please report any violations of the Terms
(except for claims of intellectual property infringement) to
the DiscountDistributing.net Site Director at
dist7900@bellsouth.net
