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   AMELO INC.
   I.T. Management & Services
 

"Amelo - Making Networks Better"

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TERMS OF SERVICE - Amelo

 
         
 

1. Proper Use. You agree that you will use Amelo Inc in compliance with all applicable local, state, national, and international laws, rules and regulations. Furthermore, you agree that you will not ask questions that are unlawful, defamatory, harassing, abusive, fraudulent, obscene, intended to advertise or sell goods or services, or are otherwise objectionable. You further agree not to ask questions designed to elicit responses that relate to illegal activity or that infringe upon another party's intellectual property rights. You may not sell, use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute questions, comments or answers for any public or commercial purpose without the written permission of Amelo Inc. Amelo Inc does not necessarily edit, screen, filter, modify, or otherwise monitor the content of questions or comments in advance of responses. Amelo Inc takes no responsibility for third party content, nor does Amelo Inc have any obligation to monitor such third party content. Amelo Inc reserves the right to refuse service to anyone at any time without notice for any reason. Amelo Inc will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

2. Not Professional Advice. Information provided via Amelo Inc is not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. If you ask a question we will assume you are interested in soliciting and receiving general information rather than professional advice. You should bear in mind that the applicability of such general information might vary substantially in different states and according to the individual factual circumstances surrounding a particular question or comment. Accordingly, if you desire or require professional advice, please consult a qualified provider who is licensed in your state or country.

3. Satisfaction Guarantee for Services and Refund Policy.
Amelo Inc guarantees that users of its services receive full value for their money. While in most cases this means solving the user's problem, there may be instances in which the problem is not resolved. In such cases the user may request a refund. The determination of whether or not the user received value shall be at the sole discretion of Amelo Inc. In the event Amelo Inc determines that the user did not receive full value, Amelo Inc will at its discretion solve the problem or refund the user's money.

You may request a refund for any Consulting fee by submitting your request and the reason for your request to Amelo Inc by the means and within the time limits specified in the then-current FAQ for the Service. All reasonable refund requests will be honored.

4. Warranty. The information provided by Amelo Inc pursuant to this Service is derived from private and public reference sources as well as personal knowledge and is provided by Amelo Inc or independent contractors ("Consultant") to assist you. The Information has not been verified, however, and neither Amelo Inc nor Consultant represent that it is accurate, correct, complete, reliable, or otherwise valid. Amelo Inc does not endorse or recommend, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned in any question, comment or answer. Further Amelo Inc does not endorse or support any opinion expressed in a question, comment, or answer. THE INFORMATION AND SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. THE CONTENT OF THE QUESTIONS, ANSWERS, AND COMMENTS IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON CLAIMING SUCH ITEMS. Amelo Inc AND CONSULTANTS EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

5. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL Amelo Inc OR CONSULTANTS BE LIABLE TO YOU FOR ANY INDIRECT, INC IDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT Amelo Inc OR CONSULTANT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL Amelo Inc OR CONSULTANT BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED OR INFORMATION PROVIDED PURSUANT TO THIS AGREEMENT, RATHER YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE REFUND OF FEES ACTUALLY PAID BY YOU TO Amelo Inc FOR ANY INSTANCE OF USE OF THE SERVICES THAT GIVES RISE TO A CLAIM. TO THE EXTENT THAT ANY QUESTION, COMMENT, OR ANSWER REFERS TO ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER, Amelo Inc EXPRESSLY DISCLAIMS ANY ASSOCIATION WITH, ENDORSEMENT OF OR LIABILITY FOR ANY SUCH PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER. Some states do not allow the exclusion or limitation of inc idental or consequential damages, so the above limitation and exclusions may not apply to you.

Disclaimers and Limitation of Liability

1.       The materials on this site are provided "AS IS" and without warranties of any kind, either express or implied. Amelo Inc does not warrant or make any representations regarding the use or the results of the use of the Content or other materials on this site in terms of their correctness, accuracy, reliability, effectiveness or otherwise.

2.       To the fullest extent permissible by law, Amelo Inc disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Content or other materials on this site. Amelo Inc does not warrant the accuracy, completeness or usefulness of any information contained on this site or that the functions contained in the Content will be uninterrupted or error-free, that defects will be corrected, or that the materials, this site or the server that makes them available are free of viruses or other harmful components. It is your sole responsibility to assume the entire cost of all necessary servicing, repair or correction. Amelo Inc assumes no responsibility in this area.

3.       UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Amelo Inc BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, EVEN IF Amelo Inc or ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Amelo Inc's TOTAL LIABILITY TO YOU FROM ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO Amelo Inc, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.

4.       You agree to indemnify, defend and hold Amelo Inc and its officers, directors, owners, agents, information providers and licensors (collectively, the "Amelo Inc site Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Amelo Inc site Party in connection with any use or alleged use of Amelo Inc Site with or without your password by any person, whether or not authorized by you Amelo Inc reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate Amelo Inc's defense of such claim.

5.       Applicable law may not allow the exclusion of implied warranties, or the above limitations of liability, so the above exclusions may not apply to you.

6.       Links to other Web Sites Amelo Inc makes no representation whatsoever regarding the content of any other web sites, which you may access, from the Amelo Inc Site. When you access a non Amelo Inc Site web site, please understand that it is independent from the Amelo Inc Site and that Amelo Inc has no control over the content on that web site.

7.       A link to a non-Amelo Inc Site web site does not mean that Amelo Inc endorses or accepts any responsibility for the content or use of such web site. You should contact the site administrator or Webmaster for those external sites if you have any concerns regarding such links or the content thereon.

6. Hold Harmless and Indemnity. You agree to hold harmless and indemnify Amelo Inc, and its Consultants, employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Amelo Inc or the affected Consultant(s) will provide you with written notice of such claim, suit or action.

Force Majeure
In the event Amelo Inc's delivery of the Membership Services is delayed, prevented, or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority; power outages, technical equipment failures, or any other cause beyond Amelo Inc's reasonable control, then Amelo Inc shall be excused from such delivery to the extent that it is delayed or prevented by such cause.

Right of Refusal
Amelo Inc reserves the right to refuse, suspend or terminate any of its services to any user in its sole discretion, without notice. Reasons for refusing service include, but are not limited to: using computer system fraudulently, illegally, or for propagating libelous or otherwise defamatory, obscene, pornographic, abusive, harassing or threatening material.

7. Release and Waiver. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Amelo Inc and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor

8. No Assignment. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Amelo Inc's prior written consent. Any such purported assignment or delegation by you without Amelo Inc's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Amelo Inc at its sole and absolute discretion.

9. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.

10. Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled 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 decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Cleveland, Ohio and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Amelo Inc may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

11. Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Amelo Inc's failure to act with respect to a breach by you or others does not waive Amelo Inc's right to act with respect to subsequent or similar breaches. The failure of Amelo Inc to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This Agreement shall be interpreted in accordance with the laws of the State of Ohio as if made in Ohio by two residents of that state. This Agreement constitutes the entire agreement between Amelo Inc and you with respect to the subject matter hereof.

Although Amelo Inc may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Amelo Inc is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that could be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Amelo Inc will fully cooperate with any law enforcement authorities or court order requesting or directing Amelo Inc to disclose the identity of anyone posting any such information or materials. Amelo Inc reserves the right to remove messages or material posted by users of the Site to message boards or other areas, in its sole discretion. By submitting messages and/or materials to the Site, each user agrees to indemnify, defend and hold harmless Amelo Inc from all damages, costs and expenses, including reasonable attorneys’ fees and costs arising out of all claims, challenges or actions, including claims for infringement, libel and slander, related to the user’s submission.

Amelo Inc may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

Restrictions on Use of Materials

1.       All the contents on the Amelo Inc site including all images and accompanying data (together referred to as "Content") are protected by copyright and may only be used by you for your personal use provided that you do not change or delete any copyright, trademark or other proprietary notices or breach any other provision of this Agreement. Amelo Inc retains all title and intellectual property rights in and to all the Content.

2.       You may not modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display or in any way exploit or use any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered, decompiled, disassembled or otherwise converted to a human-perceivable form unless specifically authorized by the owner of the software's patent and/or copyright. All trademarks and logos are owned by Amelo Inc or its licensors and you may not copy or use them in any manner.

3.       The Amelo Inc site is controlled and operated by Amelo Inc from its offices in British Columbia, Canada. Amelo Inc makes no representation that materials on the site are appropriate or available for use in other locations. If you access the Amelo Inc site from other locations worldwide you do so on your own initiative and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Amelo Inc may, at its discretion, change, move, delete portions of or add to the Amelo Inc site from time to time.

Termination

1.       This Agreement is effective unless and until terminated by either you or Amelo Inc you may terminate this Agreement at any time. Amelo Inc may terminate this Agreement at any time and without notice and accordingly deny you access to this web site, in its sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Amelo Inc you must promptly destroy all materials downloaded or otherwise obtained from the Amelo Inc site as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

2.       This Agreement is effective unless and until terminated by either you or Amelo Inc you may terminate this Agreement at any time. Amelo Inc may terminate this Agreement at any time and without notice and accordingly deny you access to this web site, in its sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Amelo Inc you must promptly destroy all materials downloaded or otherwise obtained from the Amelo Inc site as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

3.    This Agreement shall be construed in accordance with the laws of Ohio. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. 

Conditions for Website Use

ALL USE OF THE AMELO INC WEBSITE, ITS SERVICES, AND ANY SERVICES OFFERED THROUGH THE SITE (COLLECTIVELY, THE "SITE") IS SUBJECT TO THE TERMS OF THIS AGREEMENT AND THE POLICIES, AGREEMENTS AND INSTRUCTIONS FOR THE USE OF THIS SITE CONTAINED IN THE SITE AND POSTED BY AMELO INC WHICH ARE HEREBY INCORPORATED HEREIN.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

By using this site and any forums connected with it (all referred to herein as the "Amelo Inc site" or "this site"), you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. Amelo Inc may modify these Terms and Conditions at any time.

© 2005 Amelo Inc

Amelo Inc, Amelo Inc, the Amelo Inc logo, Amelo Inc, Amelo Inc, and Amelo Inc logos, are registered service marks of Amelo Inc. All other trademarks and service marks are the property of their respective owners. 

Copyright © 2005 Amelo Inc, Inc. All rights reserved.

 
         
 
 

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