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TERMS OF USE

ExploitsArt Terms of Use Agreement

Welcome to the Web site of ExploitsArt. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “ExploitsArt,” “us,” “we” or “our” refers to ExploitsArt, and the other entities and undertakings that are authorized to carry the name “ExploitsArt” or one or more of those undertakings as the context requires. The term “you” refers to the user or viewer of our Web site.

01
Acceptance of Agreement

You agree to the terms and conditions set forth in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you and substitutes all prior or simultaneous agreements, representations, warranties and understandings with respect to the Site and the subject matter of this Agreement. This Agreement may be modified at any time by us from time to time without specific notice to you. The latest version of the Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

02
Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property). The copying, distribution, use or publication by you of any such matters or any part of the Site, except as allowed by “Section 3” below, is strictly prohibited. You do not own rights to any article, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a resignation of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties.

03
Limited License/Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site only in accordance with this Agreement; (b) to use the Site only for internal, personal, non-commercial purposes; and (c) to print out particular information from the Site only for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained in them.

04
Restrictions and Prohibitions on Use

Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 3 above), republish, display, redistribute, transmit, sell, rent, lease, loan or in any other way make available in any form or by any means all or any parts of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may violate any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or overcast any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any part of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to extract information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or replica transmissions; (j) use the Site in a manner that violates any state or federal law regulating e-mail, replica transmissions or telephone requests; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

05
No Retained Professional Advice or Professional-Client Relationship

The information contained on or available through the Site is not intended to and does not constitute retained professional advice, recommendations, intervention or counseling under any circumstance. The Site and your use thereof does not create a professional-client relationship. We do not warrant or guarantee the accuracy, completeness, sufficiency or circulation of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. You should not act or rely on any information on the Site without seeking the advice of a qualified professional licensed to practice in your province for your particular problem. The information contained herein is not necessarily aligned with the opinions of our customers.

06
Forms, Agreements & Documents

We may make available through the Site sample forms, checklists, business documents and other documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, redistribute, assign or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with the appropriate professional to determine what documents are necessary for your particular transactions, as the Documents are only samples and may not be suitable to a particular situation.

07
Linking to the Site

You may provide links to the Site, provided (a) that you do not remove or conceal, by framing or otherwise, the copyright notice or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you stop providing links to the Site immediately upon request by us.

08
Certain Confidentiality Issues

If you communicate with us by e-mail, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages which are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.

09
Designation

To the extent you need to contact someone responsible for this site, we designate our Web site administrator, whom you may email at admin@exploitsart.com.

10
Errors, Corrections and Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that flaws will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may alter the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

11
Third Party Content

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any third party content. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither approved by nor does it necessarily reflect our belief.

12
Illegal Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we consider appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and revealing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses and traffic information.

13
Indemnification

You agree to compensate, defend and hold us and our partners, members, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.

14
Disclaimer

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN SECTION 15(b) `{`“LIMITATION OF LIABILITY”`}` OF THE EXPLOITSART TERMS OF USE AGREEMENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

15
Limitation of Liability

(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or information obtained, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay or failure in performance beyond the control of an Affiliated Party.<br /> (b) THE TOTAL LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

16
Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Terms of Use.

17
Links to other Web Sites

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. The inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

18
Copyrights and Copyright Agents

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:<br /> a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;<br /> b. A description of the copyrighted work that you claim has been infringed;<br /> c. A description of where the material that you claim is infringing is located on the Site;<br /> d. Your address, telephone number, and e-mail address;<br /> e. 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; and<br /> f. 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. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by sending an e-mail to admin@exploitsart.com.

19
Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and the Content and Materials provided therein.

20
Miscellaneous

Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 14 and Section 15. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

21
Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of 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 the State of Maryland. Each party shall bear one-half of the arbitration fees and costs incurred by the American Arbitration Association and each party shall bear its own attorneys’ fees.

22
Refund Policy

You can request a refund only in case (a) the products don't reflect the exact information and functionality details given to you by the Affiliated Parties and (b) the products are not delivered to you. We have no liability for other mistakes by your side, such as the personal need for more features than the product consists of and you misunderstanding the abilities of the product. Misunderstanding and overestimating, among other mistakes by you, will not stand as a reason for a refund.

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