Terms And Conditions
WebSite Terms of Use...
Wow! You actually came to this page. Our lawyers
made us include it and made us use a precious link
on our home page to get you here. At first, we
thought the lawyers were a real pain. But then we
read the page. What a Netwakening! It's really
important stuff. We took the legalese the lawyers
wrote and translated it into readable English. So be
a smart nethead and read the stuff on this page.
Here's the deal:
We run this site so that people like you (and people
you like) can use it for personal entertainment,
information, education, communication, and
cybergratification. So go ahead and browse around
all you like. If you choose to buy and download
stuff from the site, please understand that it is
only for your own personal and business use. So
don't fool around with the copyright and other
notices all over the stuff. They're there for a
really good reason. And don't even think about
distributing, modifying, transmitting, reusing,
re-posting, or anything else uncool with any of the
stuff, including the text, images, software, and
video. It's all strictly protected by copyright.
If you visit our site, you're also legally obligated
to [read: stuck with] the terms and conditions
listed below and any other law or regulation that
applies to the site, the Internet, the World Wide
Web, or Rhode Island, USA. You shouldn't access or
browse the site if you have any problem with that,
because once you start, there's no turning back --
you are bound by [read: stuck with] the terms and
conditions.
So here's the scoop on our Top Ten Rules for
Cybersurfers who hang out on our site:
1. For everyone's sake, just assume that everything
on the site is copyrighted unless we say it's not.
So you can't use the stuff except how we say you can
on this page or anywhere else on the site without
our written permission. And like we said before,
it's not likely we'll give you permission anyway. In
fact, even if we wanted to, the lawyers are likely
to veto any deal anyway. So it's better you don't
even ask.
2. While we try our hardest to include only accurate
stuff on the site, if you use any information or
advice, you're using it at your own risk. Don't call
us if there's a problem because we assume no
liability or responsibility for errors or omissions
on the site. (Don't worry though, we've been
marketing on the Internet since 1996 so we know what
we're doing. And we like to tell it like it is, so
any advice you find will in all likelihood be better
than advice you can dig up at most other sites. ;-)
3. We and anybody else who helped us create,
produce, or deliver the site are not liable for any
damages you suffer when you use it. In particular,
the lawyers want you to know that our disclaimer
includes "direct, incidental, consequential,
indirect, or punitive damages arising out of your
access to, or use of, the site. Without limiting the
foregoing, everything on the site is provided to you
'AS IS' WITHOUT WARRANTY OF ANY KIND, (Except our
products which DO come with guarantees!) EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
Please note that some jurisdictions may not allow
the exclusion of implied warranties, so some of the
above exclusions may not apply to you. Check your
local laws for any restrictions or limitations
regarding the exclusion of implied warranties. "
Ugh! What a mouthful from the mouthpieces. We put
all of that in quotes because we couldn't figure out
any other way to say it that the lawyers would
accept. But here's the bottom line -- we're not
responsible if you're browsing around and the site
damages you or your computer or infects it with any
nasty viruses. We sure hope that doesn't happen, and
we take every precaution to make sure it does not,
but if it does, don't call us.
4. If you don't want the world to know something,
don't post in on the site in any bulletin board or
anyplace else. That's because anything you disclose
to us is ours. That's right -- ours. So we can do
anything we want with the stuff you post. We can
reproduce it, disclose it, transmit it, publish it,
broadcast it, and post it someplace else. Not only
that, we can even use any ideas, concepts, know-how,
or techniques you post any way we want to,
including, developing, manufacturing and marketing
products or other stuff using the information you
post.
5. Pictures of people or places shown on the site
are either our property or someone else's property
we're using with their permission. No matter what,
it's definitely not your property. You or any of
your net-friends can't use it unless we said you
could on this page or somewhere else on the site.
And guess what -- we won't say yes. So be careful,
Bunky, because unauthorized use may violate all
sorts of nasty laws. Be smart, keep the stuff you
download to yourself.
6. There's also a few trademarks, logos, and service
marks on the site that either we own or we're using
with someone else's permission. So don't think you
have any kind of license or right to use them,
because you don't and we're not about to give you
one. If you don't leave them alone and mess with our
trademarks, logos and service marks on our site,
we'll probably go ballistic, so will the companies
that own the other trademarks, logos and service
marks. That means that we're likely to sue you or to
ask a prosecutor to come after you for messing
around with our property or the property of others.
7. You'll probably notice we've linked our site to
lots of others. While that's cool, it doesn't mean
we've looked at all those sites, much less checked
them out periodically to see what's going on. So
don't blame us if some site you link to is bad or
has stuff on it that offends you or your pets. Go
ahead and link, but remember, you're doing it at
your risk.
8. That brings us to what you do on our own site.
While we occasionally look at the postings in our
discussion groups or on our bulletin boards, we take
no responsibility and assume no liability for the
content of those locations or for any mistakes,
defamation, libel, slander, omissions, falsehoods,
obscenity, pornography, or profanity you might
encounter when you visit such places on our site.
And don't be stupid by posting or transmitting any
unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic,
nasty, mean, or profane material or any material
that law enforcement types may consider a criminal
offense, get someone in court on a civil lawsuit, or
for that matter violate any law -- anywhere,
anytime. While we certainly respect your privacy, we
have no choice but to fully cooperate with any law
enforcement authorities or court which might ask us
who might have posted nasty stuff on our site.
9. Software that we use on this Site is protected by
all sorts of patriotic U.S. laws. Because of that,
you can't download or send the software to anyone in
the vacation travel spots of Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country where
United States has embargoed goods; or (get this) to
anyone on the United States Treasury Department's
list of Specially Designated Nationals, the U.S.
Commerce Department's Table of Deny Orders, or the
FBI's Most Wanted Internet Creeps List (just kidding
on the last one). As if that were not tough enough,
if you live in or are a national of any of those
lovely places, you're not even supposed to be
reading this page, so beat it!
10. We're also allowed to change this page and
anything else on the site any time we want to.
That's because it's ours and we have the programmers
who can do it. If we do change the page, then you're
bound by [read: stuck with] those changes, too,
whenever you visit our site.
11. If either of us wants to make something of it
and wants to “sue” (a dirty word) then we have to
follow these rules of engagement. (sort of according
to the Geneva Convention):
This Agreement is governed by the laws of the State
of Rhode Island, without regard to principles of
conflict of laws.
To the extent you have in any manner violated or
threatened to violate Make-A-Living-Online.com
and/or its affiliates' intellectual property rights,
Make-A-Living-Online.com and/or its affiliates may
seek injunctive or other appropriate relief in any
state or federal court in the State of Rhode Island,
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: Providence County. 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: Providence County, 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.

|