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For purposes of this messageNOW Site, “messageNOW” means messageNOW LLC, its subsidiaries, associates, divisions, contractors and all of its and their data sources and suppliers.
messageNOW does not guarantee the accuracy, entirety or timeliness of any of the data and/or programs (“Information”) available at this messageNOW Site.
In no event will messageNOW or its associates be liable to any party for any direct, indirect, distinctive or other costs for any use of or dependence upon the Information originated at this Web Site, or on any other linked web site, including, without limitation to, lost profits, business disruption, loss of programs or other data, even if messageNOW is expressly informed of the chance of such damages.
You will be responsible for the content of any material you enter on the messageNOW Site. messageNOW has no responsibility for the content of any messages or information posted by users, or for the content of information of third parties on the Internet, even if accessed through the messageNOW Site. However, messageNOW retains the right, which it may or may not exercise in its sole discretion, to review, edit or delete any material that messageNOW deems to be illegal, offensive or otherwise inappropriate.
messageNOW makes no representations, warranties or endorsements with respect to any web site that may be accessed from a messageNOW Site. When you access a non-messageNOW site, please understand that messageNOW has no control over the content or information at that site.
messageNOW, the messageNOW logo and the names and content of messageNOW products referenced in a messageNOW Site are either trademarks, service marks, registered trademarks, copyrights or other intellectual property of messageNOW or its affiliates (“messageNOW IP”). Other products and company names mentioned in a messageNOW Site may be the intellectual property of their respective owners. You may not use any messageNOW IP without the consent of messageNOW. You may not use, frame or utilize framing techniques to enclose any messageNOW IP, including the images found at this messageNOW Site, the content of any text or the layout/design of any page or form contained on a page without messageNOW’s consent. You are not conveyed any right or license by implication, estoppels, or otherwise in or under any messageNOW IP or the intellectual property of any third party.
No part of the messageNOW Site may be reproduced, modified, or distributed in any form or manner without the prior written permission of messageNOW; provided no such permission is necessary in connection with the fair use of excerpts of freely available (i.e., available to any visitor to the messageNOW Site without any requirement of registration or payment of fees) factual information on the messageNOW Site regarding descriptions of messageNOW and its products and services.
You may not robotically or otherwise automatically harvest information from a messageNOW Site.
messageNOW complies with all applicable laws, including, but not limited to, privacy laws and individual state laws with respect to the sale or lease of real property. You agree that you will comply with all such laws applicable to you.
messageNOW or its business partners may present advertisements or promotional materials on or through the site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that messageNOW is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the site.
You acknowledge that you have read this agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this agreement represents the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.
messageNOW maintains this site (“the Site”) for your personal entertainment, information, education and communication. The site (including all of its content) is provided to you “as is.” Any use of this site is at your own risk.
messageNOW makes no representations, warranties or guarantees that use or results of the use of the site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, messageNOW may modify, suspend, or discontinue any aspect or feature of this site or your use of this site. If messageNOW elects to modify, suspend, or discontinue the site, it will not be liable to you or any third party.
a) Use of and browsing in the Site is done at user’s own risk. messageNOW, nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect, special, exemplary or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the generality of the foregoing, everything on the Site is provided to you on an “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. messageNOW DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
b) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, messageNOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. messageNOW DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; messageNOW ‘S SERVERS; OR E-MAIL MESSAGES SENT FROM messageNOW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. messageNOW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
(c) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
messageNOW maintains and operates this Site from its offices in the State of Nevada, United States. These Terms and Conditions are governed and interpreted exclusively under (a) the laws of the State of Nevada, excluding its conflicts of law rules/principles, and (b) the federal laws of the United States of America. If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.
You acknowledge that your submission of any information to us is at your own risk. messageNOW does not assume any liability to you with regard to any loss or liability relating to such information in any way.
Some of the content, products, and services available through the messageNOW site may include materials that belong to third parties. You acknowledge that messageNOW assumes no responsibility for such content, products or services.
You will indemnify and hold messageNOW, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use or misuse of the site.
This site is owned and operated by messageNOW. Your privacy on the Internet is of the utmost importance to us. At messageNOW, we want to make your experience online satisfying and safe. Because we gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.
Information this site Gathers & Tracks
This site gathers two types of information about users:
Information that users provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters, to participate in our message boards or forums, to email a friend, and from participation in polls and surveys
Information messageNOW gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to readers’ needs and to help our advertisers and sponsors better understand the demographics of our audience. Because messageNOW derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping our service free to users. Under no circumstances does messageNOW divulge any information about an individual user to a third party. messageNOW Gathers User Information In The Following Processes:
Optional Voluntary Information We offer the following free services, which require some type of voluntary submission of personal information by users:
Electronic newsletters policy (Dispatches): We will offer a free electronic newsletter to users. www.messageNOW.com gathers the email addresses of users who voluntarily subscribe. Users may remove themselves from this mailing list by following the link provided in every newsletter that points users to the subscription management page. Users can also subscribe to the newsletters at the time of registration.
Message boards/forums policy: Users of the site’s Message Boards and Forums must register separately for these services (both are free of charge) in order to post messages, although they needn’t register to visit the site. During registration the user is required to supply a username, password, and email address.
Polling: We may offer interactive polls to users so they can easily share their opinions with other users and see what our audience thinks about important issues. Opinions or other responses to polls are aggregated and are not identifiable to any particular user. messageNOW may use a system to “tag” users after they have voted, so they can vote only once on a particular question. This tag is not correlated with information about individual users.
Surveys: messageNOW may occasionally conduct user surveys to better target our content to our audience. We sometimes share the aggregated demographic information in these surveys with our sponsors, advertisers and partners. We never share any of this information about specific individuals with any third party.
Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.
messageNOW tracks user traffic patterns throughout all of our sites. However, we do not correlate this information with data about individual users. messageNOW does break down overall usage statistics according to a user’s domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user’s browser). messageNOW sometimes tracks and catalogs the search terms that users enter in our Search function, but this tracking is never associated with individual users. We use tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.
USE OF INFORMATION
messageNOW uses any information voluntarily given by our users to enhance their experience in our network of sites, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users. As stated above, we use information that users voluntarily provide in order to send out electronic newsletters and to enable users to participate in polls, surveys, message boards, and forums. We send out newsletters to subscribers on a regular schedule (depending on the newsletter), and occasionally send out special editions when we think subscribers might be particularly interested in something we are doing. messageNOW never shares newsletter mailing lists with any third parties, including advertisers, sponsors or partners. When we use tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. We track search terms entered in Search function as one of many measures of what interests our users. But we don’t track which terms a particular user enters. messageNOW creates aggregate reports on user demographics and traffic patterns for advertisers, sponsors and partners. This allows our advertisers to advertise more effectively, and allows our users to receive advertisements that are pertinent to their needs. Because we don’t track the usage patterns of individual users, an advertiser or sponsor will never know that a specific user clicked their ad. We will not disclose any information about any individual user except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
SHARING OF THE INFORMATION
messageNOW uses the above-described information to tailor our content to suit your needs and help our advertisers better understand our audience’s demographics. This is essential to keeping our service free. We will not share information about individual users with any third party, except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
messageNOW operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers.
We give users options wherever necessary and practical. Such choices include: Opting not to register to receive our electronic newsletters. Opting not to participate in certain interactive areas, which completely alleviates the need to gather any personally identifiable information from our users