Catch a Gideon

Terms of Use

December 15th, 2006 by digerati

TERMS AND CONDITIONS OF USE OF THIS WEBSITE

1.                  Acceptance of Terms Through Use

By using the Catch a Gideon Web site, located at www.catchagideon.com or www.successfulpersonalfinance.com (the

‘‘Site’’), you agree to be bound by all terms, conditions and

notices contained or referenced herein (the ‘‘Terms of Use’’).

We may change the Terms of Use at any time by posting

revisions to the Site, and your continued use of the Site

indicates your agreement to the revised terms. Accordingly,

we urge you to review the Terms of Use, and if you do not

agree to the terms of this or any revised policy, please exit

the Site immediately.

2.                  Permitted Use

You agree that you are only authorized to visit, view and

to retain a copy of pages of the Site for your own personal

use, and that you shall not duplicate, download, publish,

modify or otherwise distribute the material on the Site for

any purpose other than for personal use, unless otherwise

specifically authorized by us to do so. You also agree not to

deep-link to the Site for any purpose, unless specifically authorized

by us to do so. The content and software on this Site is the property of

Catch A Gideon or its affiliates and is protected by U.S. and international copyright laws.

3.                  Limited License

You are granted a limited, non-exclusive, revocable and

non-transferable license to utilize and access the Site pursuant

to the requirements and restrictions of these Terms of

Use.  Catch a Gideon may change, suspend, or discontinue any

aspect of the Site at any time. Catch a Gideon may also, without

notice or liability, impose limits on certain features and services

or restrict your access to all or portions of the Site. You

shall have no rights to the proprietary software and related

documentation, if any, provided to you in order to access the

Site. Except as provided in these Terms of Use, you shall

have no right to directly or indirectly, own, use, loan, sell,

rent, lease, license, sublicense, assign, copy, translate,

modify, adapt, improve, or create any new or derivative

works from, or display, distribute, perform, or in any way

exploit the Site, or any of its contents (including software) in

whole or in part.

4.                  Violation of the Terms of Use

You understand and agree that in Catch a Gideon’s sole discretion,

and without prior notice, Catch a Gideon may terminate your access

to the Site, or exercise any other remedy available and

remove any unauthorized user information, if Catch a Gideon

believes that the information you provide has violated or is

inconsistent with these Terms of Use, or violates the rights

of Catch a Gideon, or any third party, or violates the law. You agree

that monetary damages may not provide a sufficient remedy

to Catch a Gideon for violations of these Terms of Use and you

consent to injunctive or other equitable relief for such

violations. Catch a Gideon may release user information about you

if required by law or subpoena.

5.                  Copyright Policy

We may terminate the privileges of anyone who uses the

Site to unlawfully transmit copyrighted material without a

license, express consent, valid defense or fair use exemption

to do so. If you submit information or content to the Site,

you warrant that the information or content does not infringe

the copyrights or other rights of third parties.

6.                  Representations By You

By visiting the Site, you represent, warrant and covenant

that (a) you are at least 18 years old; (b) that you are a resident

of the United States; and (c) that all materials of any

kind submitted by you through the Site or for inclusion on

the Site will not plagiarize, violate or infringe upon the

rights of any third party including trade secret, copyright,

trademark, trade dress, privacy, patent, or other personal or

proprietary rights.

7.                  Accounts

During the registration process you will be asked to select

a unique password for access to certain portions of the Site.

You are responsible for maintaining the confidentiality of

the password and account, and are fully responsible for all

activities that occur under the password. By logging into the

Site, you represent and warrant that: (i) you are the

customer who registered for the services; (ii) that you are using

the services only for permitted purposes; (iii) you are not

a competitor of Catch a Gideon, or an agent thereof; (iv) you will

immediately notify us of any unauthorized use of the password

or account or any other breach of security; and (v) you will

ensure that you exit from your account at the end of each

session. Please notify us of any potential

unauthorized use(s) of your account, or breach of security as the

[ADDRESS] address below. You also represent and

warrant that: (i) you will not select or utilize a user name of another

person with intent to impersonate that person; (ii) you will not select

or utilize a user name in which another person has rights, if you do not

have that person’s authorization to use such name; and (iii)

you will not select or utilize a user name that Catch a Gideon, in its

sole discretion, deems offensive.

8.                  License Granted by You

By providing content or information to us, including by

submitting or uploading content or materials for use on the

Site, you represent and warrant that you or the owner of all

rights to such content or materials has expressly granted us

an irrevocable world-wide right in all languages and in perpetuity

to use and exploit all or any part of the content and materials provided

by you. We may publish and distribute any such submitted content

or materials at our sole discretion by any method now existing or later

developed. You agree that you shall waive all claims and have no recourse

against us for any alleged or actual infringement or misappropriation

of any proprietary rights in any communication, content or material

submitted to us. Subject to the terms of our Privacy Policy, any

communication or materials you send to us will be treated as

non-confidential and non-proprietary and may be disseminated or used

by us for any purpose, including, but not limited to, developing, creating,

manufacturing or marketing products or services.

9.                  Advertising

The Site may contain advertisements and/or sponsorships.

The advertisers and/or sponsors that provide these advertisements

and sponsorships are solely responsible for ensuring

that the materials submitted for inclusion on the Site are accurate

and comply with all applicable laws. We are not responsible for the

acts or omissions of any advertiser or sponsor.

10.              No Commercial Use

This Site may not be used by you for any commercial

purposes such as to conduct sales of merchandise or services

of any kind. You must obtain Catch a Gideon’s prior written consent

to make commercial offers of any kind on the Site, whether

by advertising, solicitations, links, reblogging, or any other form of

communication. Catch a Gideon will investigate and take appropriate

legal action against anyone who violates this provision,

including without limitation, removing the offending communication

from the Site and barring such violators from

use of the Site.

11.              Links and Search Results

The Site contains links to sites operated by third parties

throughout the World Wide Web. Catch a Gideon has no control

over these sites or the content within them. Catch a Gideon does

not guarantee, represent or warrant that the content

contained in any third party sites is accurate, legal and/or

inoffensive. Catch a Gideon’s Privacy Policy will not apply to the

collection or use of information at any website other than www.CatchaGideon.com.

Catch a Gideon does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain

viruses or otherwise affect your computer. By using the

Site to search for or link to another site, you agree and

understand that you may not make any claim against

Catch a Gideon for any damages or losses, whatsoever, resulting

from your use of the Site to obtain search results or to link

to another site. If you have a problem with a link from the

Site, you may notify us at the [ADDRESS] address above.

12.              Intellectual Property

You acknowledge that all content and materials available

on this Site are protected by national and international

copyrights, trademarks, service marks, patents, patent

registration rights, trade secrets, know-how or other proprietary

rights and laws and are owned by Catch a Gideon or our

licensors. Except where otherwise noted, you may download,

print or view individual pages for noncommercial use,

provided you do not delete or change any of the information,

including copyright or trademark notices. You may only use

the Site or its contents as expressly permitted in this Terms

of Use and for no other purpose. Catch a Gideon, our licensors or

associates retain exclusive ownership of all data, material

and other information regarding your use of the Site. Except

as we may expressly authorize, you agree not to sell, license,

rent, modify, distribute, copy, reproduce, transmit, publicly

display, publicly perform, publish, adapt, edit or create derivative

works from the content or materials on the Site.

Systematic retrieval of data or other content from the Site to

create or compile, directly or indirectly, a collection, compilation,

database or directory without our written permission is

prohibited. Unless otherwise indicated, all logos, names,

package designs and marks on the Site are trademarks or

service marks or used under license by Catch a Gideon. The use or

misuse of any of these materials is strictly prohibited.  Successful Personal Finance.com, and Catch a Gideon.com are trademarks of

Catch a Gideon.

13.              Digital Millennium Copyright Act Policy

If you are notifying Catch a Gideon of alleged copyright infringement,

please be sure to provide the following information in

the form required by 17 U.S.C. Section 512:

1. A description of the copyrighted work that you allege is

being infringed, or, if multiple copyrighted covered by a

single notification, a representative list of such works;

2. A description of the allegedly infringing material and

information sufficient to permit us to locate the material;

3. Information reasonably sufficient to permit us to contact

you, such as an address, telephone number, and/or an

electronic mail address;

4. A statement by you that you have a good faith belief

that use of the material in the manner complained of is not

authorized by the copyright owner, or its agent, or the law;

and

5. A statement by you that the information in the notification

is accurate and that you have the authority to enforce

the copyrights that are claimed to be infringed.

14.              Designated Agent for Notification of Claimed Copyright Infringement

[ADDRESS]

15.              DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION,

SOFTWARE, PRODUCTS, AND SERVICES

INCLUDED IN OR AVAILABLE THROUGH THE SITE

(THE ‘‘WEBSITE CONTENT’’) ARE PROVIDED ‘‘AS IS’’

AND ‘‘AS AVAILABLE’’ FOR YOUR USE. THE WEBSITE

CONTENT IS PROVIDED WITHOUT WARRANTIES OF

ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,

BUT NOT LIMITED TO, WARRANTIES OF TITLE,

NON-INFRINGEMENT OR IMPLIED WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR

PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES

WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION

OR MODIFICATION UNDER APPLICABLE

LAW. NEITHER Catch a Gideon NOR OUR SUBSIDIARIES, AFFILIATES

OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE

CONTENT OF THE SITE IS ACCURATE, RELIABLE

OR CORRECT; THAT THE SITE WILL BE AVAILABLE

AT ANY PARTICULAR TIME OR LOCATION; THAT ANY

DEFECTS OR ERRORS WILL BE CORRECTED; THAT

THE WEBSITE CONTENT IS FREE OF VIRUSES OR

OTHER HARMFUL COMPONENTS; OR THAT YOU WILL

ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING

ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS

ON THE SITE.

16.              LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL

Catch a Gideon, OUR SUBSIDIARIES, AFFILIATES OR OUR LICENSORS

BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,

INCIDENTAL, SPECIAL OR CONSEQUENTIAL

DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY

TO USE, THE SITE OR FROM INFORMATION

PROVIDED ON THE SITE. THIS LIMITATION APPLIES

WHETHER THE ALLEGED LIABILITY IS BASED ON

CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY

OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED

OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE

SOME JURISDICTIONS DO NOT ALLOW THE

EXCLUSION OR LIMITATION OF INCIDENTAL OR

CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH

JURISDICTIONS SHALL BE LIMITED TO THE EXTENT

PERMITTED BY LAW.

17.              Indemnification

You agree to defend, indemnify, and hold Catch a Gideon and our

subsidiaries and other affiliated companies, and their employees,

contractors, officers and directors harmless from all

liabilities, claims and expenses, including attorney’s fees,

that arise from your use or misuse of the Site or the content

therein. We reserve the right, at our own expense, to assume

the exclusive defense and control of any matter otherwise

subject to indemnification by you, in which event you will cooperate

with us in asserting any available defenses.

18.              International Use

By choosing to access the Site from any location other

than the United States, you accept full responsibility for

compliance with all local laws that are applicable. Catch a Gideon

makes no representation that materials on the Site are appropriate

or available for use in locations outside the United

States, and accessing them from territories where their

contents are illegal is prohibited. You may not use, export or

re-export any materials from this Site in violation of any applicable

laws or regulations, including, but not limited to,

any United States export laws and regulations.

19.              Choice of Law

This Agreement shall, for all domestic and international

purposes, be governed, interpreted, construed and enforced

solely and exclusively in accordance with the laws of the

State of District of Columbia, U.S.A., without regard to conflicts of law

provisions. You expressly agree that the exclusive jurisdiction

for any claim or action arising out of or relating to these

Terms of Use or your use of the Site shall be filed only in the

state or federal courts located in the State of District of Columbia, and

you further agree and submit to the exercise of personal jurisdiction

of such courts for the purpose of litigating any

such claim or action.

20.              Integration and Severability

This Terms of Use constitutes the entire agreement between

Catch a Gideon and you with respect to the Site and supersedes

all prior or contemporaneous communications and

proposals between us with respect to the Site. If any provision

of this Terms of Use agreement is determined to be invalid

or unenforceable, all other provisions shall remain in

full force and effect.

21.              Privacy Policy

Our Privacy Policy is part of these Terms and Conditions of Use.

22.              Purchases

Our Terms and Conditions of Sale and Exchange are part of these Terms and Conditions of Use.

23.              Headings

Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.

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