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| 1. ACCEPTANCE OF TERMS Welcome to GIDDIUPGO a dividison of Double H Bar C Enterprises, LLC! GIDDIUPGO provides its service to you,
subject to the following Terms of Service ("TOS"), which may
be updated by us from time to time without notice to you. You can review
the most current version of the TOS here at any time. In addition, when using particular GIDDIUPGO services, you and GIDDIUPGO
shall be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the TOS. 2. DESCRIPTION OF SERVICE GIDDIUPGO currently provides users with access to a rich collection
of on-line resources, including, shopping services, personalized content and branded programming
through its network of properties (the "Service"). Unless
explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new GIDDIUPGO
properties, shall be subject to the TOS. You understand and agree that
the Service is provided "AS-IS" and that GIDDIUPGO assumes
no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings. 3. GIDDIUPGO PRIVACY POLICY Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, please see our full privacy
policy at http://www..GIDDIUPGO.com/priv.shtml 4. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon clearance of
funds, thus completion of the registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or
account. You agree to (a) immediately notify GIDDIUPGO of any
unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of
each session. GIDDIUPGO cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 4. 5. MEMBER CONDUCT You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content
originated. This means that you, and not GIDDI-UP-GO, are entirely
responsible for all Content that you upload, post, email or otherwise
transmit via the Service. GIDDIUPGO does not control the Content
posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. Under no circumstances will GIDDIUPGO be liable in any
way for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed or otherwise
transmitted via the Service. You agree to not use the Service to:
You acknowledge that GIDDIUPGO does not pre-screen Content, but
that GIDDIUPGO and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content that
is available via the Service. Without limiting the foregoing, GIDDIUPGO
and its designees shall have the right to remove any Content that
violates the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of
such Content. You acknowledge and agree that GIDDIUPGO may preserve Content and
may also disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c)
respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of GIDDIUPGO,
its users and the public. 6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside. 7. INDEMNITY You agree to indemnify and hold GIDDIUPGO, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post to or transmit through the Service, your use of
the Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of another. 8. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service. 9. TERMINATION You agree that GIDDIUPGO, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if GIDDIUPGO
believes that you have violated or acted inconsistently with the letter
or spirit of the TOS. GIDDIUPGO may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that GIDDIUPGO may immediately
deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or the
Service. Further, you agree that GIDDIUPGO shall not be liable to you
or any third-party for any termination of your access to the Service. 10. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that GIDDIUPGO
shall not be 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 advertisers on the Service. 11. LINKS The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because GIDDIUPGO has no control
over such sites and resources, you acknowledge and agree that GIDDIUPGO
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that GIDDIUPGO
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available on
or through any such site or resource. 12. GIDDIUPGO'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by GIDDIUPGO or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part. 13. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
14. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIDDI-UP-GO SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GIDDI-UP-GO
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE. 15. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. 16. NOTICE Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other matters
by displaying notices or links to notices to you generally on the
Service. 17. TRADEMARK INFORMATION GIDDIUPGO, the GIDDIUPGO logo, and other GIDDIUPGO products and service names are
trademarks of Double H Bar C Enterprises, LLC. (the "GIDDI-UP-GO Marks").
Without GIDDIUPGO's prior permission, you agree not to display or use
in any manner, the GIDDIUPGO Marks. 18. COPYRIGHTS and COPYRIGHT AGENTS GIDDIUPGO respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GIDDIUPGO's Copyright Agent the following information:
19. GENERAL INFORMATION The TOS constitute the entire agreement between you and GIDDIUPGO
and govern your use of the Service, superceding any prior agreements
between you and GIDDIUPGO. The TOS and the
relationship between you and GIDDIUPGO shall be governed by the laws
of the State of Arizona without regard to its conflict of law
provisions. You and GIDDIUPGO agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of
Coconino, Arizona. The failure of GIDDIUPGO to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS
remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed within one
(1) year after such claim or cause of action arose or be forever barred. Copyright © 2006 Double H Bar C Enterprises, LLC. All Rights Reserved.
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