Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing This Web Site.

Effective Date: This Terms of Use Agreement was last updated on September 09, 2009.

This Terms of Use Agreement sets forth the standards of use of the Free Agent Source Inc. Online Service (web site). By using the FreeAgentSource.com web site you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the FreeAgentSource.com web site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1) Description of Service
Free Agent Source Inc. is providing Member with information related to our business and a discussion board (the Free Agent Source forum). Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

2) Disclaimer of Warranties
The site is provided by Free Agent Source Inc. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Free Agent Source Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Free Agent Source Inc. shall have no liability for any interruptions in the use of this web site. Free Agent Source Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3) Limitation of Liability
FREE AGENT SOURCE INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FREE AGENT SOURCE INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FREE AGENT SOURCE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4) Indemnification
Member agrees to indemnify and hold Free Agent Source Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5) Modifications and Interruption to Service
Free Agent Source Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. Free Agent Source Inc. shall not be liable to Member or any third party should Free Agent Source Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Free Agent Source Inc. does not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6) Third-Party Sites
Our web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

7) Disclaimer Regarding Content Posted by Members
Members may post comments, questions, and other content; and submit suggestions, ideas, or other information, so long as that content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Members may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Free Agent Source Inc. reserves the right but not the obligation to remove or edit such content. Free Agent Source Inc. does guarantee all posted content will be reviewed. If Member does post content or submit material, and unless indicated otherwise by Free Agent Source Inc., Member grants Free Agent Source Inc. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Member grants Free Agent Source Inc. and sublicensees the right to use the name that Member submits in connection with such content. Member represents and warrants that Member owns or otherwise controls all of the rights to the content that Member posts; that the content is accurate; that use of the content Member supplies does not violate these Terms of Use and will not cause injury to any person or entity; and that Member will indemnifies Free Agent Source Inc. for all claims resulting from content supplied by you, the Member. Free Agent Source Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Free Agent Source Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.

8) Member Consent to Receive Electronic Communication
When you visit FreeAgentSource.com or send e-mails to Free Agent Source Inc., you are communicating with us electronically. You consent to receive communications from us electronically. Free Agent Source Inc. will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

9) Governing Jurisdiction of the Courts of California
Our web site is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.

10) Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11) Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Free Agent Source Inc., with all rights reserved, or is the property of Free Agent Source Inc. and/or third parties protected by intellectual property rights. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Free Agent Source Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Free Agent Source Inc. Free Agent Source Inc.™ and Free Agent Source.com™ are proprietary marks of Free Agent Source Inc. Free Agent Source Inc.’s trademarks may not be used in connection with any product or service that is not provided by Free Agent Source Inc. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Free Agent Source Inc. All other trademarks displayed on Free Agent Source Inc.’s web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Free Agent Source Inc.

12) Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Free Agent Source Inc. designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Postal Mail:

Free Agent Source Inc.
1223 Wilshire Boulevard Suite 481
Santa Monica, CA 90403

By Email:

contact@FreeAgentSource.com


13) Botnets
Free Agent Source Inc. retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Free Agent Source Inc. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

14) Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Free Agent Source Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.

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