Terms and Conditions
TEMPLATE WEB SITE DEVELOPMENT AGREEMENT
THIS AGREEMENT ("Agreement") is entered into immediately upon submission of your template website order, between TTA Advertising ("Developer"), with its principal place of business located at 8433 N. Black Canyon Hwy., Suite 164, Phoenix, Arizona, 85021 and you, the purchasing individual or organization ("Client"), and shall be effective as of the date of the submission of your template website order (the "Effective Date").
RECITALS
WHEREAS, Developer is engaged in the business of the design and implementation of Internet web sites,
WHEREAS, Client desires to retain Developer for the design and implementation of the web site set forth herein,
NOW THEREFORE, Developer and Client agree as follows:
1. Scope of Services
Developer agrees to design and implement a “template based” web site for Client as it is described in the Online Store on www.loadtraining.com www.loadtraining.com (the "Statement of Work").
2. Price and Payment Terms
Client will pay Developer for the Development Services in full, with submission of the order through www.loadtraining.com, or by check, via US Postal Service. Other payment options may also be acceptable at the sole discretion of Developer. Additional work to the website, outside of the Statement of Work may be requested by Client, and will be billed at the rate of $75 per hour. Portions of an hour will be rounded up to the next whole hour. Payment for additional work will be paid by Client immediately upon receipt of invoice and Client will pay finance charges of 1.5% accrued monthly on any balance left unpaid 30 days after date on invoice.
3. Term and Termination
Unless terminated as provided herein, this Agreement will extend to and terminate upon completion of the Development Services. Completion of the Development Services are defined as receipt of Client’s written approval and website is made active, or after four (4) days of unsuccessful attempts to contact client to obtain approval regardless of the stage of development of the web site. Client may terminate this Agreement without cause within three (3) days of order without penalty. Either party may terminate this agreement for material breach, provided, however, that the terminating party has given the other party at least five (5) days written notice of and the opportunity to cure the breach. Termination for breach will not preclude the terminating party from exercising any other remedies for breach.
4. Ownership of Intellectual Property
To the extent that Developer has received payment of compensation as provided in this Agreement, Developer hereby assigns to Client the rights to use any finished deliverables in their finalized form. General layout and source documents of the template web sites such as program source code, Macromedia Flash source files, Photoshop files and other shall remain the sole property of Developer unless specified otherwise in writing by Developer. Intellectual property developed outside of the contract by Developer or Client shall remain the property of the developing parties with no claims made by the other for ownership.
5. Confidential Information
A. All information relating to Client that is known to be confidential or proprietary, or which is clearly marked as such, will be held in confidence by Developer and will not be disclosed or used by Developer except to the extent that such disclosure or use is reasonably necessary to the performance of the Development Services.
B. All information relating to Developer that is known to be confidential or proprietary, or which is clearly marked as such, will be held in confidence by Client and will not be disclosed or used by Client except to the extent that such disclosure or use is reasonably necessary to the performance of Client's duties and obligations under this Agreement.
C. These obligations of confidentiality will extend for a period of one year after the termination of this agreement, but will not apply with respect to information that is independently developed by the parties, lawfully becomes a part of the public domain, or of which the parties gained knowledge or possession free of any confidentiality obligation.
6. Warranty and Disclaimer
Developer warrants that the Development Services will be provided in a workmanlike manner, and in conformity with generally prevailing industry standards. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT.
7. Limitation of Remedies
Client's sole and exclusive remedy for any claim against Developer with respect to the quality of the Development Services will be the correction by Developer of any material defects or deficiencies therein, of which Client notifies Developer in writing within seven (7) days after the completion of that portion of the Development Services. In the absence of any such notice, the Development Services will be deemed satisfactory to and accepted by Client.
8. Limitation of Liability
In no event will Developer be liable for any loss of profit or revenue by Client, or for any other consequential, incidental, indirect or economic damages incurred or suffered by Client arising as a result of or related to the Development Services, whether in contract, tort or otherwise, even if Client has been advised of the possibility of such loss or damages. Client further agrees that the total liability of the Developer for all claims of any kind arising as a result of or related to this Agreement, or to any act or omission of Developer, whether in contract, tort or otherwise, will not exceed an amount equal to the amount actually paid by Client to Developer for the Development Services during the twelve (12) month period preceding the date the claim arises. Client will indemnify and hold Developer harmless against any claims by third parties, including all costs, expenses and attorneys' fees incurred by Developer therein, arising out of or in conjunction with Client's performance under or breach of this Agreement. Client warrants and represents that it is the rightful owner or licensee of all content that it may provide to Developer for implementation on the web site. Client will indemnify and hold Developer harmless against any claims for infringement of intellectual property, including but not limited to infringement of any copyright, trademark, patent or trade secret made against Developer by any third party.
9. Relation of Parties
The performance by Developer of its duties and obligations under this Agreement will be that of an independent contractor, and nothing herein will create or imply an agency relationship between Developer and Client, nor will this Agreement be deemed to constitute a joint venture or partnership between the parties.
10. Employee Solicitation/Hiring
During the period of this agreement and for twelve (12) months thereafter, neither party will directly or indirectly solicit or offer employment to or hire any employee, former employee, subcontractor, or former subcontractor of the other. The terms "former employee" and "former subcontractor" will include only those employees or subcontractors of either party who were employed or utilized by that party on the Effective Date of this Agreement.
11. Non-assignment
Neither party will assign this Agreement, in whole or in part, without the prior written consent of the other party. This Agreement will inure to the benefit of, and be binding upon the parties hereto, together with their respective legal representatives, successors, and assigns, as permitted herein.
12. Arbitration
Any dispute arising under this Agreement will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The parties agree that this Agreement will be governed by and construed and interpreted in accordance with the laws of the State of Arizona. The arbitration will be held in Arizona. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this Agreement. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.
13. Attorneys' Fees
If any litigation or arbitration is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs.
14. Severability
If any term of this Agreement is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
15. Force Majeure
Neither party will be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond the delayed party's reasonable control.
16. No Waiver
The waiver by any party of any breach of covenant will not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing, and signed by the party waiving its rights. This Agreement may be modified only by a written instrument executed by authorized representatives of the parties hereto.
17. Entire Agreement
This Agreement together with any attachments referred to herein constitute the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this Agreement by any representations or promises not specifically stated herein.
WEB HOSTING AGREEMENT / ACCEPTABLE USE POLICY AND NO-SPAM POLICY
This Web Hosting Agreement is between TTA ADVERTISING, LLC., 8433 N. Black Canyon Hwy., Suite 164 , Phoenix , AZ 85021 ("TTA") and You, the hosting customer ("You"). BY ACCEPTING THIS AGREEMENT AND USING TTA’S SERVICES YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE ACCEPTABLE USE AND NO SPAM POLICY. WHEREAS , TTA is an Internet Service Provider offering storage and transfer of documents and other information over the Internet; WHEREAS, Client seeks to use these servers for its own purposes; WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, TTA can make no guarantee that any given party shall be able to access the server made available by TTA at any given time. TTA represents that it shall make every good faith effort to ensure that the server is available as widely as possible and with as little service interruption as possible; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
A. Provision of Services TTA agrees to provide services to You in exchange for your payment for TTA’s services, your execution and compliance with this agreement, and your compliance with TTA’s No Spam Policy. Provision of TTA’s services shall commence once TTA has received both your payment for TTA’s services and this Agreement duly executed by You. You warrant and represent that You shall use TTA’s services only for lawful purposes.
B. Agreement Term The initial term of this agreement shall be from the date of your initial payment and execution of this agreement through the same month and day of the following year. The term of this agreement, after the initial agreement term, shall continue for the period in which you continue to pay TTA for hosting services. In other words, if you decide to pay TTA annually, the agreement term will continue for each year you pay for hosting services.
C. Automatic Renewal This agreement shall renew automatically at the end of the prior agreement term and you will be billed according to TTA’s current hosting services fees unless terminated either by You or by TTA in writing (email, mail, or fax).
D. Termination without Cause You may terminate this agreement at any time, for any reason, by contacting TTA by phone, mail or email, and requesting that your account be cancelled. TTA WILL not refund amounts already billed for the service period in which You terminate the agreement. If You terminate this agreement, your Web site content, databases, and email messages will be backed up and provided to You as an archive file, and sent to You either by email, or TRANSFERRED TO AN ELECTRONIC STORAGE DEVICE (SUCH AS A CD) AND MAILED TO YOU. TTA may terminate this agreement at any time, for any reason, by providing written or electronic mail notice of termination to your primary Web site's e-mail contact address no less than fifteen days prior to the service termination.
E. Termination for Cause YOU AGREE TO KEEP TTA INFORMED OF ALL CURRENT CONTACT INFORMATION FOR YOUR ACCOUNT. FAILURE TO MAINTAIN OR KEEP CURRENT ALL CONTACT INFORMATION SHALL BE GROUNDS FOR TERMINATION OF SERVICES. IF TTA TERMINATES YOUR ACCOUNT FOR A VIOLATION OF THIS AGREEMENT, TTA’S ACCEPTABLE USE POLICY, OR TTA’S NO-SPAM POLICY, TTA SHALL NOT BE REQUIRED TO REFUND TO YOU ANY AMOUNTS BILLED TO YOU FOR THE BILLING PERIOD IN WHICH TTA SERVICES TERMINATE.
F. Payment Terms You agree to be billed for all recurring and one-time charges, for any TTA services ordered by You and any fees You owe to TTA. Hosting charges are payable in advance annually. TTA will submit all invoices to You by email, fax or postal service. Payments can be made online or by phone with Visa/Mastercard, or by check. Payments are due within 30 days of receiving an invoice. If payment in full is not received within 30 days, your hosting services will be cancelled.
G. Taxes TTA shall not be liable for any taxes and other governmental fees to be paid which are related to purchases made from You or from TTA’s server. You agree that You shall be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to You by TTA.
H. Materials and Products Unless otherwise agreed to, any material and data You provide to TTA in connection with TTA’s services shall be in a condition that is in a form requiring no additional manipulation on the part of TTA. TTA shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this agreement.
TTA may, at its sole discretion, reject material or data that You have placed on TTA’s servers or that You request TTA put on TTA’s servers. TTA agrees to notify You immediately of its refusal of the material or data and provide You with an opportunity to amend or modify the material or data to meet the requirements of TTA. Your failure to amend or modify the data or material as directed by TTA within a reasonable time shall be a breach of this agreement.
I. Liability; No Warranty; Limitation of Damages YOU EXPRESSLY AGREE THAT USE OF TTA’S SERVICES IS AT YOUR SOLE RISK. TTA makes to guaranteed uptime for its Web servers. However it will make reasonable effort to maintain maximum uptime for its clients. TTA, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that TTA's services will not be interrupted or error free; neither do they make any warranty as to the results that may be obtained from the use of TTA’s services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through TTA’s services, unless otherwise expressly stated in this agreement. TTA, its officers, agents, or anyone else involved in providing TTA’s services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use TTA’s services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to TTA’s programs, services or records. TTA will exercise no control over the content of the information passing through TTA’s network except those controls expressly provided herein. TTA makes no warranties or representations of any kind, express or implied, for the service it is providing. TTA also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by You, including loss of data resulting from delays, non-deliveries, or service interruptions by any cause or due to your errors or omissions. Use of any information obtained by way of TTA is to be used at your own risk, and TTA specifically denies any responsibility for the accuracy or quality of information obtained through its services. TTA expressly limits its damages for any non-accessibility time or other downtime to credit applied towards future invoices. TTA expressly limits its responsibility for any damages arising as a consequence of such unavailability.
J. Patents, Copyrights, Trademarks, and Other Intellectual and Proprietary Rights Except for rights expressly granted herein, this agreement does not transfer any intellectual or other property or proprietary right to You. You agree that all right, title, and interest in any product or service provided to You is TTA’s. These products and services are only for your use in connection with TTA’s services provided to You as outlined in this agreement. You expressly warrant to TTA that You have the right to use any patented, copyrighted, or trademarked material which You use, post, or otherwise transfer or have someone else transfer to TTA’s servers.
K. Hardware, Equipment, and Software You are responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access TTA’s servers. TTA makes no representations, warranties, or assurances that your equipment will be compatible with TTA’s services.
L. Age You expressly represent and warrant that You and any person to whom You grant access to your TTA account have reached the age of eighteen.
M. Indemnification You agree that You shall defend, indemnify, save, and hold TTA harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fess, asserted against TTA, its agents, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by You, your agents, employees, or assigns. You agree to defend, indemnify, and hold harmless TTA against liabilities arising out of: (i) any injury to person or property caused by any products sold or otherwise distributed in connection with TTA services provided to You; (ii) any material supplied by You infringing or allegedly infringing on the property or proprietary rights of a third party; (iii) copyright infringement; and (iv) any defective product which You sold or distributed by means of TTA’s services. You agree that the liability limit of TTA shall in no event be greater than the aggregate dollar amount which You paid during the terms of this agreement, including any reasonable attorneys' fees and court costs.
N. Miscellaneous
Governing Law; Jurisdiction; Forum .This agreement shall be governed by and construed in accordance with the laws of the state of Arizona without regard to its conflicts of laws or principles. You agree, in the event any suit is brought in connection with TTA's provision of services to You, to submit to the jurisdiction of the state of Arizona , and agree to the courts of Maricopa County , Arizona as the appropriate forum.
Severability . In case any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this agreement, and this agreement shall be construed as if such provision(s) had never been contained herein, provided that such provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
Waiver . No waiver by TTA of any breach by You of any of the provisions of this agreement shall be deemed a waiver of any preceding or succeeding breach of this agreement. No such waiver shall be effective unless it is in writing and then only to the extent expressly set forth in such writing.
Entire agreement . This agreement, including TTA’s Acceptable Use Policy, and TTA No-Spam Policy, shall constitute the entire Web Hosting agreement between You and TTA.
Web Hosting Acceptable Use Policy
A. Introduction TTA’s Acceptable Use Policy is intended to help enhance the use of the Internet by preventing unacceptable use. All users of TTA’s Internet services (the "Services") - those who access some of our Services but do not have accounts ("Visitors") as well as those who pay an annual service fee to subscribe to the Services ("Clients") - must comply with this Acceptable Use Policy. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. However, in accordance with our Terms of Service Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this Acceptable Use Policy. Provider may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this Acceptable Use Policy may result in the suspension or termination of either your access to the Services and/or your Provider account or other actions as detailed in Section 3. This Acceptable Use Policy should be read in conjunction with, and is part and parcel of, our Terms of Service Agreement and other policies. By using our web hosting services, you agree to comply with our Acceptable Use Policy.
B. Violations of Provider's Acceptable Use Policy The following constitute violations of this Acceptable Use Policy:
- Illegal use . Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
- Harm to minors . Using the Services to harm, or attempt to harm, minors in any way.
- Threats . Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
- Harassment . Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
- Fraudulent activity . Using the Services to making fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
- Forgery or impersonation . Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam e-mail address collectors is allowed.
- Unsolicited commercial email/ Unsolicited bulk email . Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited. Bulk e-mail sent through a mail service external to our system can not contain an e-mail address or a domain name that is hosted by TTA. This generally results in complaints being forwarded to our administrative staff and will be cause for immediate account termination or suspension without prior notification.
- Unauthorized access . Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of TTA’s or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
- Distributing viruses to or from Provider systems.
- Adult Content . Due to special system and network requirements of adult oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere.
- Copyright or trademark infringement . Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
- Collection of personal data . Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Reselling the services . Reselling the Services without TTA’s authorization.
- CGI Scripts . CGI script sharing with domains not hosted by TTA is prohibited. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice and the owner will be contacted to alleviate the situation.
- Chat Rooms . TTA does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option.
- Software and Multimedia Distribution . These types of files consume huge amounts of disk space and bandwidth. If you wish to distribute software and/or multimedia files (graphics, audio, and video), please contact TTA for a special arrangement.
- Network disruptions and unfriendly activity . Using the Services for any activity which adversely affects the ability of other people or systems to use TTA’s Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Client's responsibility to ensure that their network is configured in a secure manner. A Client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Client may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
C. Reporting Violations of Provider's Acceptable Use Policy
TTA requests that anyone who believes that there is a violation of this Acceptable Use Policy direct the information to our Web Services Department by emailing us at webservices@ttaadvertising.com. If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone
- Evidence of the alleged violation
- E-mail with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.
TTA may take any one or more of the following actions in response to complaints:
- Issue warnings: written or verbal
- Suspend the Client's newsgroup posting privileges
- Suspend the Client's account
- Terminate the Client's account
- Bill the Client for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
D. Revisions to This Acceptable Use Policy TTA reserves the right to revise, amend, or modify this Acceptable Use Policy, our Terms of Service Agreement our Privacy Policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Terms of Service Agreement.
No-Spam Policy
TTA strictly prohibits Spamming. One of the most serious abuses is using your web hosting account to send unsolicited commercial e-mail, otherwise known as Spam. The following are examples of Spam and are blatantly contrary to our Terms of Service and Acceptable Use Policy, and will result in termination of web hosting services.
Inappropriate E-mail Activities - Commercial e-mail : Defined as sending unsolicited commercial e-mails. This is prohibited. You are not permitted to use your TTA account or the e-mail alias/account of your Virtual Server to send unsolicited commercial e-mail. Using an e-mail address hosted anywhere on TTA’s servers to collect responses from unsolicited commercial e-mail is prohibited. This includes using a throwaway, free e-mail account to promote your TTA account and redirects for the same account. - Mail Bombing: Defined as sending large volumes of unsolicited e-mail to individuals from your TTA account. This is strictly prohibited. - Harassment: Defined as sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail never is allowed.
Inappropriate use of Mailing Lists - Purchased Mailing Lists : Mass mailing to purchased mailing lists is not allowed. We allow only opt-in mailing lists. To comply with our no-Spam policy, the recipients on your mailing list must have specifically requested (subscribed) to receive mail from you on this topic. Purchased or inherited lists are, by definition, NOT opt-in. Similarly; you could not start a list about clothing and then post to it about televisions. Opt-in list mailings must include instructions to unsubscribe (opt-out) in every message.
Inappropriate Newsgroup Activities -Newsgroup Spamming : This Spam is defined as excessive cross-posting, or posting the same article to several newsgroups. This is prohibited. Generally accepted standards allow no more than 15 newsgroups, or cross-postings, for a single article or substantially similar articles. Such articles may be canceled. -Off topic or inappropriate postings: There is no restriction on content, except as defined by each newsgroup. Continued posting of off-topic articles is prohibited. Please note that commercial advertisements are off-topic and considered Spam in the vast majority of newsgroups.
JUST DON’T DO IT! TTA is against all Spamming. It not only harms us and our clients but is a reprehensible act. Any TTA client found to be Spamming will have his/her web hosting account terminated immediately - no questions asked. There is no warning or second chance. If we find that you have violated our Acceptable Usage Policy, we will report you and the incident to the proper local, state and federal authorities and will prosecute you to the full extent of the law.
If you know of any TTA client that is or might be violating this policy, please send a message or, if possible, forward the Spam in full (including headers) to us at webservices@ttaadvertising.com.
By paying for hosting service, you agree to the terms outlined in this document.
WEB SITE PRIVACY POLICY
1. Overview
Thank you for visiting Loadtraining.com (the "Web Site") and reviewing our Privacy Policy. Your privacy is important to us, and our policy is simple: we will collect no personally identifiable information about you when you visit the Web Site unless you choose to provide that information. This Privacy Policy does not describe information collection practices on other sites, including those linked to or from the Web Site.
2. What Type of Information We Collect
The server on which the Web Site is located collects and saves only the default information customarily logged by web server software. Such information may include the date and time of your visit, the originating IP address, and the pages and images requested.
3. Children's Issues
The Web Site is not directed to children under thirteen (loadtrainingtermsofuse13) years of age, and children under such age must not use the web site or services offered on it to submit any individually identifiable information about themselves.
4. Copyright
The materials found on the Web Site are protected by United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the Web Site are copyright © December 06, 2005, QT Investments, Inc. Permission is granted to view and print materials from Loadtraining.com for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of QT Investments, Inc, is strictly prohibited.
5. Trademarks
Loadtraining.com (is/are) trademarks or service marks of QT Investments, Inc.
6. No Warranties
Loadtraining.com DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEB SITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEB SITE, OR ANY SITES LISTED THEREIN, AND THE WEB SITE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE WEB SITE DOES NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEB SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
IN NO EVENT WILL THE WEB SITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITE OR DOWNLOADED FROM THE WEB SITE, EVEN IF THE WEB SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEB SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE WEB SITE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. Indemnification
You agree to indemnify, defend and hold harmless the Web Site and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Web Site and any violation of this Privacy Policy by you.
8. Governing Law and Jurisdiction
This Privacy Policy constitutes a contract made under and shall be governed by and construed in accordance with the laws of the State of Arizona.
9. Last Update
This Privacy Policy was last updated on December 06, 2005.
10. Contact Information
Questions or comments regarding the Web Site should be sent by e-mail to david@loadtraining.com or by U.S. mail to 11116 California Ave., Suite J, Youngtown, AZ 85363.
WEB SITE TERMS OF USE
These "Terms of Use" set forth the terms and conditions that apply to your use of www.loadtraining.com (the "Web Site"). By using the Web Site (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein. The right to use the Web Site is personal to you and is not transferable to any other person or entity.
Copyrights and Trademarks
A. All materials contained on the Web Site are Copyright October 05, 2005, QT Investments, Inc. All rights reserved.
B. No person is authorized to use, copy or distribute any portion the Web Site including related graphics.
C. Loadtraining.com and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify QT Investments, Inc and the goods and/or services provided by QT Investments, Inc. Such marks may not be used under any circumstances without the prior written authorization of QT Investments, Inc.
Links to Third-Party Web Site
QT Investments, Inc may provide hyperlinks to third-party web sites as a convenience to users of the Web Site. QT Investments, Inc does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. QT Investments, Inc does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. QT Investments, Inc will have no liability to any entity for the content or use of the content available through such hyperlink.
No Representations or Warranties; Limitations on Liability
The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. QT Investments, Inc MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.
Changes to These Terms of Use
QT Investments, Inc reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. You can send e-mail to QT Investments, Inc with any questions relating to these Terms of Use at david@loadtraining.com.
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