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Menifee Online Terms of Service 


When using MenifeeOnline.Com, Incorporated, (herein referred to as MenifeeOnline.Com) you agree to the terms and conditions listed on this page (the "Terms of Service"). You can always view out the most current version of these Terms of Service at this page. In addition, when using particular MenifeeOnline.Com services, you shall be subject to any posted guidelines applicable to such services, including the Tell a Friend terms or conditions applicable to MenifeeOnline.Com services provided in conjunction with any of MenifeeOnline.Com's content and service partners. All such rules and guidelines are hereby incorporated by reference into the Terms of Service. If you do not agree to these Terms of Service, do not use the site and do not register to be a member of MenifeeOnline.Com. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of the MenifeeOnline.Com Service following the posting of changes to these terms (including MenifeeOnline.Com's Tell a Friend Rules and Forum Guidelines) constitutes your acceptance of those changes.

MenifeeOnline.Com is a service which allows you to access products, services, information, Personal Blogs, Community Blogs, Light a Candle, Classified and Personal Ads, Forums, Business Directory, Shopping, News, Financial Information and a broad range of other content (collectively the "MenifeeOnline.Com Service"). These Terms of Service apply to the MenifeeOnline.Com Information, Products and Services, as well as any new products or services that we may add in the future (unless stated otherwise).

Please be aware that MenifeeOnline.Com also operates an ongoing Tell a Friend contest. In order to register with MenifeeOnline.Com and in order to participate in the Tell a Friend Contest, you must be 13 or older and a resident of the United States of America.

General Terms of Service and, Restrictions on Use of Materials

By using the MenifeeOnline.Com Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, MenifeeOnline.Com reserves the right to terminate your access the MenifeeOnline.Com Service. MenifeeOnline.Com may discontinue or alter any aspect of the MenifeeOnline.Com Service, including, but not limited to, (i) restricting the time the MenifeeOnline.Com Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the MenifeeOnline.Com Service, at MenifeeOnline.Com's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the MenifeeOnline.Com Service through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the MenifeeOnline.Com Service. You further certify that you are an individual and, if you are participating in the Tell a Friend Contest, that you are 13 or older.

In order to permit MenifeeOnline.Com to protect the quality of its products and services, you hereby consent to MenifeeOnline.Com employees being able to access your account and records on a case-by-case basis to investigate complaints or other allegations or abuse. MenifeeOnline.Com shall not disclose the existence or occurrence of such an investigation unless required by law.

You acknowledge that the MenifeeOnline.Com Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and MenifeeOnline.Com owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The MenifeeOnline.Com name and logo are trademarks of MenifeeOnline.Com, Inc. All other trademarks appearing on the MenifeeOnline.Com Service are trademarks of their respective owners. MenifeeOnline.Com's partners may also have additional proprietary rights in the content which they make available through the MenifeeOnline.Com service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by MenifeeOnline.Com, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by MenifeeOnline.Com. MenifeeOnline.Com does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

Registration

If you elect to register for the free services to users at MenifeeOnline.Com and/or participate in the Tell a Friend Contest, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the MenifeeOnline.Com Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or MenifeeOnline.Com has reasonable grounds to suspect that such is the case, MenifeeOnline.Com has the right to suspend or terminate your account and refuse any and all current or future use of the MenifeeOnline.Com Service (or any portion thereof).

Community Standards and Conduct in MenifeeOnline.Com Forums

In order to post messages to MenifeeOnline.Com’s Forum, you must register with us by providing your name and e-mail address. Posting messages may allow others to contact you.

You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the MenifeeOnline.Com Service. MenifeeOnline.Com does not control all of the Content posted via the MenifeeOnline.Com Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the MenifeeOnline.Com Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MenifeeOnline.Com 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 or otherwise transmitted via the MenifeeOnline.Com Service.

You agree to not use the MenifeeOnline.Com Service (including the MenifeeOnline.Com Forums described below) to:

  • upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, libelous, harassing, pornographic, profane, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, indecent or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a MenifeeOnline.Com 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 or otherwise transmit any Content that you do not have a right to transmit 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 or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
  • upload, post, email or otherwise transmit 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 MenifeeOnline.Com Service or an MenifeeOnline.Com Forum 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 MenifeeOnline.Com Service or servers or networks connected to the MenifeeOnline.Com Service, or disobey any requirements, procedures, policies or regulations of networks connected to the MenifeeOnline.Com Service;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • "stalk" or otherwise harass another member or user of the MenifeeOnline.Com Service; or
  • collect or store personal data about other users, or members.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.

Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by MenifeeOnline.Com for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.

A "Forum" to a virtual community is offered as part of the MenifeeOnline.Com Service. The Forums shall be used only in a non-commercial manner. You shall not, without MenifeeOnline.Com's express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. We reserve the right to remove posting privileges of any user who violates these Guidelines or for any other reason. It is our policy to respect the privacy of all users. Therefore, in addition to our Privacy Policy, we will not monitor, edit, or disclose the contents of a user unless required in the course of normal maintenance of MenifeeOnline.Com Service and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on MenifeeOnline.Com; (2) protect and defend the rights or property of MenifeeOnline.Com; (3) enforce the Terms of Service; (4) respond to claims that any Content violates the rights of third parties; (5) respond to your requests for customer service; or (6) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of your messages.

All MenifeeOnline.Com Forum communications, including Classified and Personal Ads, Personal Blogs and Community Blog post, and Light a Candle communications are public and not private communications. Our forums are not for commercial use. Do not post advertisements or use our forum software to deliver advertising to other users. If you are interested in advertising, contact MenifeeOnline.Com via e-mail at advertise@menifeeonline.com or call 951-246-3116. Although MenifeeOnline.Com reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. We do not and cannot control who reads postings. Therefore, we recommend that you do not post telephone numbers, addresses or other personal information about yourself or others. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Your privilege to use the MenifeeOnline.Com Forums and contribute to discussions on the MenifeeOnline.Com Forums depends on your compliance with the member conduct guidelines set forth above. MenifeeOnline.Com may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, MenifeeOnline.Com, in its sole discretion, may terminate your membership or participation in any offered community or Forum for any reason.

Parental permission is required for children 12 years of age or under to use any MenifeeOnline.Com Forums.

Please remember, when using any MenifeeOnline.Com services or Forums, you agree to abide by the member conduct guidelines set forth above.

MenifeeOnline.Com reserves the right to monitor some, all, or no areas of MenifeeOnline.Com Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, MenifeeOnline.Com is acting as a passive conduit for such distribution and MenifeeOnline.Com is not undertaking any obligation or liability relating to any content or activities in any Forum or Forum area.

Submissions

If at our request you send content (e.g., postings to forum) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of MenifeeOnline.Com. None of the Submissions shall be subject to any obligation of confidence on the part of MenifeeOnline.Com, and MenifeeOnline.Com shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, MenifeeOnline.Com shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Contest Rules and Conduct

MenifeeOnline.Com operates a monthly Win $100 Tell a Friend Contest. In order to register with MenifeeOnline.Com and in order to participate in the Tell a Friend Contest, you must be 13 years of age or older and a resident of the United States of America.

By participating in the MenifeeOnline.Com’s Tell a Friend Contest, entrants acknowledge and agree that these Official Rules and all decisions are final and legally binding and without appeal in all matters relating to the Contest and the awarding of a prize. Entrants who have not complied with these Official Rules are subject to disqualification.

MenifeeOnline.com reserves the right in its sole discretion to prohibit an individual from participating in the Contest or winning a prize if it finds or believes such individual is attempting to undermine the legitimate operation of the Contest or by engaging in any unlawful or unethical manner.

Winners, and winners' parents or legal guardians if winner is a minor (both on behalf of themselves and winner) must complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within 15 days of notification. Failure to return documents in a timely manner, or if prize notification is returned undeliverable, or if winner is found not to be in compliance with these Official Rules or otherwise ineligible, may result in disqualification with an alternate winner selected.

Entrant Rules and Qualifications

  1. Entrant MUST be 13 years or older.
  2. Winner is determined by entrant who submits the most unique e-mail addresses via the “Tell a Friend” link on MenifeeOnline.Com.
  3. Entrants may not enter with multiple email and/or multiple identities, nor may entrants use any other device or artifice to enter the Tell a Friend Contest.
  4. Each month, entrant must enter new (unique) e-mail addresses.
  5. Duplicate e-mail addresses submitted in one month will not count.
  6. Any entrant who attempts to participate with multiple email and/or multiple identities or submits e-mail addresses of an unknown individual will be disqualified.
  7. The contest will begin on the 1st day of each month and end with the last day of each month.
  8. There will only be one winner each month.
The winner’s name from will be posted the first week of each month at MenifeeOnline.Com’s website link: “Win $100 Tell a Friend.” MenifeeOnline.Com will send the winner an e-mail notification and the entrant must contact and complete the required forms accurately within 15 days on the date of e-mail notification. Upon receipt of required documentation, MenifeeOnline.Com will send a $100.00 check to the winner via mail with tracking capability to winner/entrant’s address provided.

MenifeeOnline.Com does not contact or send any information to e-mail addresses submitted for this contest unless the user registers with MenifeeOnline.Com.

Participants, (and participants parents or legal guardians if participant is a minor (both on behalf of themselves and winner), release and agree to hold harmless MenifeeOnline.Com, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Grand Prize, participation in this Contest, or participation in any of this Contest’s related activity.

Third-Party Links, Products and Services

MenifeeOnline.Com Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MenifeeOnline.Com has no control over such sites and resources, you acknowledge and agree that MenifeeOnline.Com 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 MenifeeOnline.Com 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.

Your use of third-party sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. We disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

Cancellation and Refund Policy

MenifeeOnline.Com Business Advertisers (herein referred to as "Vendors") must provide a 30-day written notification to cancel advertising or any other business conducted with MenifeeOnline.Com via Certified Mail, Return Receipt through the United States Postal Service; Federal Express; United Parcel Service; or any other means of mail transport which provides a valid tracking number and proof of delivery, requesting the removal of all related vendor advertising, vendor directory listings, vendor banners, vendor logos, vendor web sites, all vendor content and references, coupons and links to vendor sites from all areas of MenifeeOnline.Com to the following: Attn: Cancellation Department, MenifeeOnline.Com, 30141 Antelope Road #D-808, Menifee, California 92584.

After the 30-day notice to cancel advertising or do business with MenifeeOnline.Com goes into effect, all related vendor advertising, vendor directory listings, vendor banners, vendor logos, all vendor content and references, coupons and links to vendor sites will be removed from all areas of MenifeeOnline.Com.

If a vendor has paid for a year in advance through a special, discounted offer, the vendor will be credited back the pro-rated monthly amount less any discounts promised. This means the vendor will be liable to pay the full amount for each month used without any discounts applied.

No guarantee is provided to vendor that future advertising banner space will be available on MenifeeOnline.Com should they decide to re-establish an account at a later date. A new set-up fee of $50.00 will apply when account is re-opened.

Once the account has been canceled, MenifeeOnline.Com will send the vendor an e-mail (to the address on file) notice stating membership, future financial transactions/payments, vendor advertising, and all related content to vendor has been removed and the account has been terminated to include the effective date of cancellation.


Disclaimer

MenifeeOnline.Com uses diligent efforts to maintain the MenifeeOnline.Com Service, but MenifeeOnline.Com is not responsible for any defects or failures associated with the MenifeeOnline.Com Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, MenifeeOnline.Com makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the MenifeeOnline.Com Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the MenifeeOnline.Com Service may locate unintended and objectionable content.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE MENIFEEONLINE.COM SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK MENIFEEONLINE.COM 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.

WITHOUT LIMITATION, MENIFEEONLINE.COM MAKES NO WARRANTY THAT THE MENIFEEONLINE.COM SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE MENIFEEONLINE.COM SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE MENIFEEONLINE.COM SERVICE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MENIFEEONLINE.COM SERVICE IS DONE AT YOUR SOLE RISK AND 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.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM MENIFEEONLINE.COM PERSONNEL OR THROUGH THE MENIFEEONLINE.COM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

Disclaimer Regarding Financial Information

The MenifeeOnline.Com Service allows you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The MenifeeOnline.Com Service, including all such financial information, is provided for informational purposes only, and no information you may obtain is intended by MenifeeOnline.Com to be used for trading or investing purposes. MenifeeOnline.Com shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the MenifeeOnline.Com Service, and shall not be liable for any trading or investment decisions made based on such information.

Disclaimer Regarding Shopping Retailers

The MenifeeOnline.Com Service provides shopping services to help you locate and potentially purchase products from online and offline retailers. MenifeeOnline.Com does not, however, control these independent retailers and MenifeeOnline.Com does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services.

When shopping by means of services provided by MenifeeOnline.Com you acknowledge and agree that:

MenifeeOnline.Com does not endorse any of the products or services ("Merchandise") linked to from or through the MenifeeOnline.Com Service, nor has MenifeeOnline.Com taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through MenifeeOnline.Com or their own web sites. MenifeeOnline.Com expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MENIFEEONLINE.COM 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 MENIFEEONLINE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MENIFEEONLINE.COM SERVICE AND/OR PARTICIPATE IN THE MENIFEEONLINE.COM SWEEPSTAKES ; (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 MENIFEEONLINE.COM SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MENIFEEONLINE.COM SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE MENIFEEONLINE.COM SERVICE OR OPERATION OF THE MENIFEEONLINE.COM TELL A FRIEND CONTEST. IN NO EVENT SHALL MENIFEEONLINE.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

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.

Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MENIFEEONLINE.COM, INCORPORATED., THEIR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MENIFEEONLINE.COM OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination, Modification, and Notification

You agree that MenifeeOnline.Com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the MenifeeOnline.Com Service, and remove and discard any Content within the MenifeeOnline.Com Service, for any reason, including, without limitation, for lack of use or if MenifeeOnline.Com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. MenifeeOnline.Com may also in its sole discretion and at any time discontinue providing the MenifeeOnline.Com Service, or any part thereof, with or without notice.

Subject to any rights you may have under the Tell a Friend Contest Rules, you agree that any termination of your access to the MenifeeOnline.Com Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that MenifeeOnline.Com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the MenifeeOnline.Com Service. Further, you agree that MenifeeOnline.Com shall not be liable to you or any third-party for any termination of your access to the MenifeeOnline.Com Service.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this Agreement whatsoever.

Governing Law and Additional Miscellaneous Terms

These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Riverside County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and MenifeeOnline.Com relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of MenifeeOnline.Com's successors, assigns and licensees.

Account Non-Transferability

You hereby agree that your MenifeeOnline.Com account is non-transferable and any rights to your MenifeeOnline.Com Username, Password, Pictures, Graphics and Information within your account terminate upon your death. Upon MenifeeOnline.Com’s receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Arbitration

MenifeeOnline.Com may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Riverside County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Riverside County, California, necessary to protect the rights or the property of you or MenifeeOnline, Inc. (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

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 our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and MenifeeOnline.Com and govern your use of our sites, superseding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Riverside County, California, if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

Copyright

MenifeeOnline.Com respects the intellectual property of others, and we ask our users to do the same. MenifeeOnline.Com may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MenifeeOnline.Com's Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • 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;
  • 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.
  • Please contact MenifeeOnline.Com for Notice of claims of copyright infringement on :
     
        Attn: Copyright Department
    MenifeeOnline.Com
    30141 Antelope Road, #D-808
    Menifee, California 92584
    Telephone: 951-246-3116

 

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