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Legal Notices: SEOMG Website User Agreement
This Agreement sets forth the
terms and conditions that govern your access and use of the SEOMG
Web Site, SEOMG Services and related Internet media properties.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. SEOMG MAY
MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL
BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE
OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT.
1. Copyright, Licenses and Submissions.
Domestic and International copyright
and trademark laws protect the entire contents of the Site.
The owners of the intellectual property, copyrights and trademarks
areSEOMG or other third party licensors. YOU MAY NOT MODIFY,
COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE.
Subject to more specific terms on individual SEOMG web sites,
you may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided
that you agree not to change or delete any copyright or proprietary
notices from the materials (certain areas require paid license
fee prior to downloading any material). You agree to grant to
SEOMG a non-exclusive, royalty-free, worldwide, sub licensable,
perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the
Site (such as bulletin boards, forums and newsgroups) or by e-mail
to SEOMG by all means and in any media now known or hereafter
developed. You also grant to SEOMG the right to use your name
in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall
have no recourse against SEOMG for any alleged or actual infringement
or misappropriation of any proprietary right in your communications
to SEOMG.
2. Trademarks.
SEOMG and any other names of
SEOMG, or its Web sites, seminars, conferences,
events, trade shows, publications, products, content or services
referenced herein or on the Site are the exclusive trademarks
or service marks of SEOMG, including the "look" and "feel" of
the Site, SEOMG.com's color combinations, layout, and all
other graphical elements. Any use of SEOMG's trademarks is strictly
prohibited without the express permission from SEOMG. Other product
and company names mentioned in the Site may be the trademarks
of their respective owners.
3. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by SEOMG, SEOMG does not operate,
control or endorse any information, products or services on the
Internet in any way. Except for SEOMG identified information,
products or services, all information, products and services
offered through the Site or on the Internet generally are offered
by third parties that are not affiliated with SEOMG. You also
understand that SEOMG cannot and does not guarantee or warrant
that files available for downloading through the Site will be
free of infection or viruses, worms, Trojan horses or other code
that 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 the
Site for the reconstruction of any lost data.
SEOMG offers a search feature within the Site. SEOMG explicitly
disclaims any responsibility for the content or availability
of information contained in our search index or directory. SEOMG
also disclaims any responsibility for the completeness or accuracy
of any directory or search result.
In connection with your use of the Site, you agree you will
not:
a) Transmit any message, information, data, text,
software or images, or other content ("Material") that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
or otherwise objectionable that may invade another's right of privacy or
publicity;
b) Impersonate any person or entity, including
but not limited to, an SEOMG official or falsely state or otherwise
misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce,
display or transmit under any law or under contractual or fiduciary relationships
(such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations
or labels that you upload to any communication feature;
f) Use the Site's communication features in a manner that adversely affects
the availability of its resources to other users (e.g., excessive shouting,
use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising,
promotional materials, "junk
mail", "spam," "chain letters," "pyramid schemes" or any other form of
solicitation or any non-resume information such as opinions or notices,
commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar
navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe,
or attempt to unsubscribe, any party for any SEOMG product or service if
you are not expressly authorized by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THE SITE AND THE INTERNET. SEOMG PROVIDES THE
SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND SEOMG SHALL NOT BE LIABLE FOR
ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER
THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH
MATERIALS AT YOUR RISK. SEOMG HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL SEOMG BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF SEOMG OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SEOMG'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4. Equipment.
You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and
use of the Site and all charges related thereto.
5. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless SEOMG, its officers,
directors, employees, agents, licensors, suppliers and any third
party information providers to the Site from and against all
losses, expenses, damages and costs, including attorneys' fees,
resulting from any violation of this Agreement (including negligent
or wrongful conduct) by you or your use and access of the Site.
SEOMG reserves the right to release current or past member or
Web site user information if SEOMG believes that a member's account
is being used to commit unlawful acts, if the information is
subpoenaed and/or if SEOMG deems it necessary and/or appropriate.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification)
are for the benefit of SEOMG and its officers, directors, employees,
agents, licensors, suppliers, and any third party information
providers to the Site. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly
against you on its own behalf.
7.Term; Termination.
Either party without notice may terminate this Agreement at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 3 (Use of the Site), 5 (Indemnification),
6 (Third Party Rights) and 11 (Miscellaneous) shall survive any
termination of this Agreement.
8. Special Notice for International
Use.
Recognizing the global nature of the Internet, you agree to
comply with all local rules including, without limitation, rules
about the Internet, data, e-mail, or privacy. 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.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with
any third party found on or through the Site, regarding the 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 third party. You agree
that SEOMG shall not be responsible or liable for any loss, damage
or other matters of any sort incurred as the result of any such
dealings.
10. Links.
The Site may provide, or third parties may provide, links to
non-SEOMG Internet World Wide Web sites or resources. Because
SEOMG has no control over such sites and resources, you acknowledge
and agree that SEOMG 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 SEOMG 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.
11. Miscellaneous.
This Agreement shall all be governed
and construed in accordance with the laws of the State of Michigan,
United States applicable to agreements made and to be performed
in the State of Michigan, United States. You agree that
any legal action or proceeding between SEOMG and you for any
purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in the County of Macomb,
State of Michigant, United States.
Any cause of action or claim you may have with respect to the
Site must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is barred.
SEOMG's failure to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision
of this Agreement. SEOMG may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain projections
or other forward-looking statements regarding future events or
the future financial performance of SEOMG. We wish to caution
you that these statements are only predictions and that the actual
events or results may differ materially. SEOMG files documents
from time to time with the Securities and Exchange Commission,
specifically, our most recent prospectus. These documents contain
and identify important factors that could cause the actual results
to differ materially from those contained in our projections
or forward-looking statements. They include, among others, potential
fluctuations in quarterly results, retention and dependence on
personnel; dependence on Internet advertising and a limited number
of advertisers, rapid technological and market change, competition,
risks associated with Internet infrastructure, volatility of
stock price, limited protection of intellectual property, and
future growth subject to risks.
Linux is a registered trademark of Linus Torvalds. Jini and
Java are trademarks of Sun Microsystems, Inc. 802 and 802.11
are trademarks of the Institute of Electrical and Electronic
Engineers, Inc. (IEEE). Wi-Fi is a registered trademark of the
Wi-Fi Alliance. |