"BadAppleESIMS.com" Terms of Use & Service
Please note that "We", "Us", "Our" as used throughout this policy statement
refer to BadAppleESIMS.com.
IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE,
BadAppleESIMS.com.
BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF
THESE TERMS OF USE. THESE TERMS OF SERVICE SET OUT THE CONDITIONS OF YOUR
LAWFUL USE AND INDEMNIFY THIS WEBSITE FROM ANY AND ALL HARM, WHETHER PERSONAL,
EMOTIONAL OR COMMERCIAL, THAT YOU MIGHT SUFFER AS A RESULT OF VISITING OR USING
THIS WEBSITE.
YOU ARE HEREBY PUT ON NOTICE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK.
THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR WEBSITE AT ANY TIME IN ITS
DISCRETION.
YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE
REGULARLY.
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE
UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR
ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO
INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD ONLINE PRIVACY
ACT (COPA) AND IS NOT MONITORED AS DOING SO.
Information
To access this site or some of the resources it has to offer, you may be asked
to provide certain registration details or other information. It is a condition
of your use of this site that all the information you provide on this site will
be correct, current, and complete. If our website believes the information you
provide is not correct, current, or complete, we have the right to refuse you
access to this site or any of its resources, and to terminate or suspend your
access at any time, without notice. This is addressed in more depth in the
Privacy Policy page which you have an affirmative duty to read as a
condition of you visiting or using this site.
Restrictions On Use
You may use this site for purposes expressly permitted by this site. You may not
use this site for any other purpose, including any commercial purpose, without
our website's express prior written consent. For example, you may not (and may
not authorize any other party to) (i) co-brand this site, or (ii) frame this
site, or (iii) hyper-link to this site, without the express prior written
permission of an authorized representative of our website. For purposes of
these Terms of Use, co-branding means to display a name, logo, trademark, or
other means of attribution or identification of any party in such a manner as
is reasonably likely to give a user the impression that such other party has
the right to display, publish, or distribute this site or content accessible
within this site. You agree to cooperate with our website in causing any
unauthorized co-branding, framing or hyper-linking immediately to cease.
Proprietary Information
The material and content (hereinafter referred to as "Contents") accessible from
this site, and any other website owned, operated, licensed, or controlled by
our website is the proprietary information of our website or the party that
provided the Content to our website, and our website or the party that provided
the Content to our website retains all right, title, and interest in the
Content. Accordingly, the Content may not be copied, distributed, republished,
uploaded, posted, or transmitted in any way without the prior written consent
of our website, or unless authorized in writing elsewhere on our site, except
that you may print out a copy of the Content solely for your personal use. In
doing so, you may not remove or alter, or cause to be removed or altered, any
copyright, trademark, trade name, service mark, or any other proprietary notice
or legend appearing on any of the Content. Modification or use of the Content
except as expressly provided in these Terms of Use violates our website's
intellectual property rights. Neither title nor intellectual property rights
are transferred to you by access to this site.
Hyper-Links
This site may be hyper-linked to other sites which are not maintained by, or
related to our website. Hyper-links to such sites are provided as a service to
users and are not sponsored by or affiliated with this site or our website. Our
website has not reviewed any or all of such sites and is not responsible for
the content of those sites. Hyper-links are to be accessed at the user's own
risk, and our website makes no representations or warranties about the content,
completeness or accuracy of these hyper-links or the sites hyper-linked to this
site. Further, the inclusion of any hyper-link to a third-party site does not
necessarily imply endorsement by our website of that site.
Submissions
You hereby grant to this website the royalty-free, perpetual, irrevocable,
worldwide, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform, and
display all content, remarks, suggestions, ideas, graphics, or other
information communicated to our website through this site (together,
hereinafter known as the "Submission"), and to incorporate any Submission in
other works in any form, media, or technology now known or later developed. Our
website will not be required to treat any Submission as confidential, and may
use any Submission in its business (including without limitation, for products
or advertising) without incurring any liability for royalties or any other
consideration of any kind, and will not incur any liability as a result of any
similarities that may appear in future website operations.
Our website will treat any personal information that you submit through this
site in accordance with its Privacy Policy as set forth on this site.
Disclaimer
You understand that our website cannot and does not guarantee or warrant that
files available for downloading from the Internet will be free of viruses,
worms, Trojan horses or other code that may manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to this site for
the reconstruction of any lost data. Our website does not assume any
responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to
replace any written reports, statements, or notices provided by website.
Investors, borrowers, and other persons should use the Content in the same
manner as any other educational medium and should not rely on the Content to
the exclusion of their own professional judgment. Information obtained by using
this site is not exhaustive and does not cover all issues, topics, or facts
that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided "as is" and
without warranties of any kind, either expressed or implied. This website
disclaims all warranties, including any implied warranties of merchant-ability,
fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Our website does
not warrant that the functions OR CONTENT contained in this site will be
uninterrupted or error-free, that defects will be corrected, or that this site
or the server that makes it available are free of viruses or other harmful
components. BadAppleESIMS.com does not warrant or make any representation
regarding use, or the result of use, of the content in terms of accuracy,
reliability, or otherwise. The content may include technical inaccuracies or
typographical errors, and BadAppleESIMS.com may make changes or improvements
at any time. You, and not BadAppleESIMS.com, assume the entire cost of all
necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE
ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. BadAppleESIMS.com MAKES NO
WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH
CONTENT.
All of the information in this site, whether historical in nature or
forward-looking, speaks only as of the date the information is posted on this
site, and BadAppleESIMS.com does not undertake any obligation to update such
information after it is posted or to remove such information from this site if
it is not, or is no longer, accurate or complete.
Limitation On Liability
BadAppleESIMS.com , ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL
NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE
OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF
BadAppleESIMS.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL THE COLLECTIVE LIABILITY OF BadAppleESIMS.com AND ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF
$100 OR THE AMOUNT YOU HAVE PAID TO BadAppleESIMS.com FOR THE APPLICABLE
CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold BadAppleESIMS.com , its subsidiaries, affiliates,
licensors, content providers, service providers, employees, agents, officers,
directors, and contractors (hereinafter known as the "Indemnified Parties")
harmless from any breach of these Terms of Use by you, including any use of
Content other than as expressly authorized in these Terms of Use. You agree
that the Indemnified Parties will have no liability in connection with any such
breach or unauthorized use, and you agree to indemnify any and all resulting
loss, damages, judgments, awards, costs, expenses, and attorneys fees of the
Indemnified Parties in connection therewith. You will also indemnify and hold
the Indemnified Parties harmless from and against any claims brought by third
parties arising out of your use of the information accessed from this site.
Trademarks
Trademarks, service marks, and logos appearing in this site are the property of
BadAppleESIMS.com or the party that provided the trademarks, service marks,
and logos to BadAppleESIMS.com. BadAppleESIMS.com and any party that
provided trademarks, service marks, and logos to BadAppleESIMS.com retain all
rights with respect to any of their respective trademarks, service marks, and
logos appearing in this site.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this
site any material that:
· you do not have the right to post, including proprietary material of any third
party;
· advocates illegal activity or discusses an intent to commit an illegal act;
· is vulgar, obscene, pornographic, or indecent;
· does not pertain directly to this site;
· threatens or abuses others, libels, defames, invades privacy, stalks, is
obscene, pornographic, racist, abusive, harassing, threatening or offensive;
· seeks to exploit or harm children by exposing them to inappropriate content,
asking for personally identifiable details or otherwise;
· infringes any intellectual property or other right of any entity or person,
including violating anyone's copyrights or trademarks or their rights of
publicity;
· violates any law or may be considered to violate any law;
· impersonates or misrepresents your connection to any other entity or person or
otherwise manipulates headers or identifiers to disguise the origin of the
content;
· advertises any commercial endeavor (e.g., offering for sale products or
services) or otherwise engages in any commercial activity (e.g., conducting
raffles or contests, displaying sponsorship banners, and/or soliciting goods or
services) except as may be specifically authorized on this site;
· solicits funds, advertisers or sponsors;
· includes programs which contain viruses, worms and/or Trojan horses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications;
· disrupts the normal flow of dialogue, causes a screen to scroll faster than
other users are able to type, or otherwise act in a way which affects the
ability of other people to engage in real time activities via this site;
· includes MP3 format files;
· amounts to a "pyramid" or similar scheme;
· disobeys any policy or regulations established from time to time regarding
use of this site or any networks connected to this site; or
· contains hyper-links to other sites that contain content that falls within the
descriptions set forth above.
Although under no obligation to do so, BadAppleESIMS.com reserves the right to
monitor use of this site to determine compliance with these Terms of Use, as
well the right to remove or refuse any information for any reason.
Notwithstanding these rights, you remain solely responsible for the content of
your submissions. You acknowledge and agree that neither BadAppleESIMS.com
nor any third party that provides Content to BadAppleESIMS.com will assume or
have any liability for any action or inaction by BadAppleESIMS.com or such
third party with respect to any submission.
Security
Any passwords used for this site are for individual use only. You will be
responsible for the security of your password (if any). BadAppleESIMS.com
will be entitled to monitor your password and, at its discretion, require you
to change it. If you use a password that BadAppleESIMS.com considers
insecure, BadAppleESIMS.com will be entitled to require the password to be
changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection
with this site to compromise security or tamper with system resources and/or
accounts. The use or distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools or network probing tools) is
strictly prohibited. If you become involved in any violation of system
security, BadAppleESIMS.com reserves the right to release your details to
system administrators at other sites in order to assist them in resolving
security incidents. BadAppleESIMS.com reserves the right to investigate
suspected violations of these Terms of Use.
BadAppleESIMS.com reserves the right to fully cooperate with any law
enforcement authorities or court order requesting or directing
BadAppleESIMS.com to disclose the identity of anyone posting any e-mail
messages, or publishing or otherwise making available any materials that are
believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS BadAppleESIMS.com FROM
ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BadAppleESIMS.com DURING OR AS
A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE
OF INVESTIGATIONS BY EITHER BadAppleESIMS.com OR LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of
OREGON, United States of America, notwithstanding any principles of conflicts
of law. You specifically consent to personal jurisdiction in OREGON in
connection with any dispute between you and BadAppleESIMS.com arising out of
these Terms of Use or pertaining to the subject matter hereof. The parties to
these Terms of Use each agree that the exclusive venue for any dispute between
the parties arising out of these Terms of Use or pertaining to the subject
matter of these Terms of Use will be in the state and federal courts in SALEM,
OREGON. If any part of these Terms of Use is unlawful, void or unenforceable,
that part will be deemed severable and will not affect the validity and
enforceability of any remaining provisions. These Terms of Use constitute the
entire agreement among the parties relating to this subject matter.
Notwithstanding the foregoing, any additional terms and conditions on this site
will govern the items to which they pertain. BadAppleESIMS.com may revise
these Terms of Use at any time by updating this posting.
This website is owned or operated by: Steven Marcus
Last updated: Dec 24, 2007