Here's
the deal:
We
run this site so that people like you (and
people you like) can use it for personal
entertainment, information, education, communication,
and cybergratification. So go ahead and
browse around all you like. You can even
download stuff from the site but only for
non-commercial, personal use. If you do,
though, don't fool around with the copyright
and other notices all over the stuff. They're
there for a really good reason. And don't
even think about distributing, modifying,
transmitting, reusing, re-posting, or anything
else uncool with any of the stuff, including
the text, images, audio, and video, for
public or commercial purposes unless we
give you written permission. And it's not
likely we will.
If
you visit our site, you're also legally
obligated to [read: stuck with] the terms
and conditions listed below and any other
law or regulation that applies to the site,
the Internet, the World Wide Web, or Los
Angeles, CA. You shouldn't access or browse
the site if you have any problem with that,
because once you start, there's no turning
back -- you are bound by [read: stuck with]
the terms and conditions.
So
here's the scoop on our Top Ten Rules for
Cybersurfers who hang out on our site:
1.
For everyone's sake, just assume that everything
on the site is copyrighted unless we say
it's not. So you can't use the stuff except
how we say you can on this page or anywhere
else on the site without our written permission.
And like we said before, it's not likely
we'll give you permission anyway. In fact,
even if we wanted to, the lawyers are likely
to veto any deal anyway. So it's better
you don't even ask.
2.
While we try to include accurate stuff on
the site, we're not promising you it's accurate.
In fact, we're not promising you anything
except fun and entertainment. So if you
use stuff on the site, you're using it at
your own risk. Don't call us if there's
a problem because we assume no liability
or responsibility for errors or omissions
on the site.
3.
We and anybody else who helped us create,
produce, or deliver the site are not liable
for any damages you suffer when you use
it. In particular, the lawyers want you
to know that our disclaimer includes "direct,
incidental, consequential, indirect, or
punitive damages arising out of your access
to, or use of, the site. Without limiting
the foregoing, everything on the site is
provided to you 'AS IS' 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.
Please
note that some jurisdictions may not allow
the exclusion of implied warranties, so
some of the above exclusions may not apply
to you. Check your local laws for any restrictions
or limitations regarding the exclusion of
implied warranties. " Ugh! What a mouthful
from the mouthpieces. We put all of that
in quotes because we couldn't figure out
any other way to say it that the lawyers
would accept. But here's the bottom line
-- we're not responsible if you're browsing
around and the site damages you or your
computer or infects it with any nasty viruses.
We sure hope that doesn't happen, but if
it does, don't call us.
4.
If you don't want the world to know something,
don't post in on the site in any bulletin
board or anyplace else. That's because anything
you disclose to us is ours. That's right
-- ours. So we can do anything we want with
the stuff you post. We can reproduce it,
disclose it, transmit it, publish it, broadcast
it, and post it someplace else. We can even
send it to your mother (as soon as we find
her address). Not only that, we can even
use any ideas, concepts, know-how, or techniques
you post any way we want to, including,
developing, manufacturing and marketing
products or other stuff using the information
you post.
5.
Pictures of people or places shown on the
site are either our property or someone
else's property we're using with their permission.
No matter what, it's definitely not your
property. You or any of your net-friends
can't use it unless we said you could on
this page or somewhere else on the site.
And guess what -- we won't say yes. So be
careful, Bunky, because unauthorized use
may violate all sorts of nasty laws. Be
smart, keep the stuff you download to yourself.
6.
There's also a lot of trademarks, logos,
and service marks on the site that either
we own or we're using with someone else's
permission. So don't think you have any
kind of license or right to use them, because
you don't and we're not about to give you
one. If you don't leave them alone and mess
with our trademarks, logos and service marks
on our site, we'll probably go ballistic,
so will the companies that own the other
trademarks, logos and service marks. That
means that we're likely to sue you or to
ask a prosecutor to come after you for messing
around with our property or the property
of others.
7.
You'll probably notice we've linked our
site to lots of others. While that's cool,
it doesn't mean we've looked at all those
sites, much less checked them out periodically
to see what's going on. So don't blame us
if some site you link to is bad or has stuff
on it that offends you or your pets. Go
ahead and link, but remember, you're doing
it at your risk.
8.
That brings us to what you do on our own
site. While we occasionally listen in on
chat groups, or look at the posting in our
discussion groups or on our bulletin boards,
we take no responsibility and assume no
liability for the content of those locations
or for any mistakes, defamation, libel,
slander, omissions, falsehoods, obscenity,
pornography, or profanity you might encounter
when you visit such places on our site.
And don't be stupid by posting or transmitting
any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic,
nasty, mean, or profane material or any
material that law enforcement types may
consider a criminal offense, get someone
in court on a civil lawsuit, or for that
matter violate any law -- anywhere, anytime.
While we certainly respect your privacy,
we have no choice but to fully cooperate
with any law enforcement authorities or
court which might ask us who might have
posted nasty stuff on our site.
9.
Software that we use on this Site is protected
by all sorts of patriotic U.S. laws. Because
of that, you can't download or send the
software to anyone in the vacation travel
spots of Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country where
United States has embargoed goods; or (get
this) to anyone on the United States Treasury
Department's list of Specially Designated
Nationals, the U.S. Commerce Department's
Table of Deny Orders, or the FBI's Most
Wanted Internet Creeps List (just kidding
on the last one). As if that were not tough
enough, if you live in or are a national
of any of those lovely places, you're not
even supposed to be reading this page, so
beat it!
10.
We're also allowed to change this page and
anything else on the site any time we want
to. That's because it's ours and we have
the programmers who can do it. If we do
change the page, then you're bound by [read:
stuck with] those changes, too, whenever
you visit our site.
11.
If either of us wants to make something
of it and wants to “sue” (a
dirty word) then we have to follow these
rules of engagement. (sort of according
to the Geneva Convention):
This
Agreement is governed by the laws of the
State of Nevada, without regard to principles
of conflict of laws.
To
the extent you have in any manner violated
or threatened to violate RPM
Success Group® Inc.
and/or its affiliates' intellectual property
rights, RPM
Success Group® Inc.
and/or its affiliates may seek injunctive
or other appropriate relief in any state
or federal court in the State of Nevada,
and you consent to exclusive jurisdiction
and venue in such courts.
Any
other disputes will be resolved as follows:
If
a dispute arises under this agreement, we
agree to first try to resolve it with the
help of a mutually agreed-upon mediator
in the following location: Las Vegas, Nevada.
Any costs and fees other than attorney fees
associated with the mediation will be shared
equally by each of us.
If
it proves impossible to arrive at a mutually
satisfactory solution through mediation,
we agree to submit the dispute to binding
arbitration at the following location: Las
Vegas, Nevada, under the rules of the American
Arbitration Association. Judgment upon the
award rendered by the arbitration may be
entered in any court with jurisdiction to
do so.
If
this all sounds kind of mean and undiplomatic,
you should have seen what the lawyers gave
to us in the first place. We had to remind
them that human torture and sacrifice was
outlawed in the United States. Boy, did
they look disappointed!
January
25, 2007
RPM
Success Group® Inc.
4535
W. Sahara Ave.
Suite 200
Las Vegas NV, 89102