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.
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
7) Disclaimer Regarding Content Posted by Members
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
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
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