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DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES,
INDEMNIFICATION
The author and publisher of this website and software and the accompanying materials have used their best efforts in preparing this website and software. They make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this website and/or software. The information contained in this website and software is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this website and software, you are taking full responsibility. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS. THE ADVICE, STRATEGIES AND SOFTWARE CONTAINED HEREIN MAY NOT BE SUITABLE TO YOUR SITUATION. NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE'S. IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS, TECHNIQUES OR SOFTWARE. THE PROGRAMMER AND WEBMASTER DISCLAIM ANY WARRANTIES (EXPRESS OR IMPLIED), MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROGRAMMER AND WEBMASTER, NOR THEIR AFFILIATES, AGENTS, LICENSORS OR EMPLOYEES SHALL IN NO EVENT BE HELD LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OR MISUSE OF THIS MATERIAL, WHICH IS PROVIDED "AS IS," AND WITHOUT WARRANTIES. As always, the advice of a competent legal or other professional should be sought where appropriate. The programmer and webmaster do not warrant the performance, effectiveness or applicability of software, websites or services listed or linked to in this website. All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose. Submitting Your Online Material to Us All remarks, suggestions, ideas, graphics, comments, or other information that you send to instantheadlinesoftware.com through our site (other than information we promise to protect under our privacy policy) becomes and remains our property, even if this agreement is later terminated. That means that we don´t have to treat any such submission as confidential. You can´t sue us for using ideas you submit. If we use them, or anything like them, we don´t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our Orchidpower.Com mission, without compensating you or anyone else for them. You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. Limitation of Liability INSTANTHEADLINESOFTWARE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SOFTWARE OR SITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE OR SOFTWARE PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.") WE ARE NOT LIABLE EVEN IF WE´VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH. EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY´RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE OR SOFTWARE. Termination of This Agreement This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all Instantheadlinesoftware.com Web site, along with all related documentation and all copies and installations. Instantheadlinesoftware.com may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And Instantheadlinesoftware.com is entitled to terminate all or any part of any of its Web site without notice to you. This website is © copyrighted by INSTANTHEADLINESOFTWARE.COM. No part of this website or software may be copied, or changed in any format, sold, or used in any way other than what is outlined within this web site under any circumstances. Jurisdiction and Other Points to Consider If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of California, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate Instantheadlinesoftware.com and/or its affiliates' intellectual property rights, Instantheadlinesoftware.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, 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: Placer County, California. 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: Placer County, California, 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. Instantheadlinesoftware.com may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.
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