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CHANNEL WEB SITE

TERMS OF USE and NOTICES

AGREEMENT BETWEEN USER AND CHANNEL CONSULTANTS

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement at ccserving.com/www/mcinfo/legal/privacy.htm for disclosures relating to the collection and use of your information.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular Channel Web Site, or any product or service offered on any Channel Web Site (each a "Channel Site/Service", and collectively "Channel Sites/Services") requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and an user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Channel Consultants immediately of any unauthorized use of your account or any other breach of security. Channel Consultants will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Channel Consultants or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

Channel Consultants reserves the right to change the terms, conditions, and notices under which the Channel Sites/Services are offered, including but not limited to the charges associated with the use of the Channel Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Channel Sites/Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Channel Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Channel Sites/Services.

LINKS TO THIRD PARTY SITES

The Channel Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Channel Consultants and Channel Consultants is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Channel Consultants is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Channel Consultants responsible if the Linked Site is not working appropriately. Channel Consultants is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Channel Consultants of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Channel Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Channel Consultants shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Channel Sites/Services, you will not use the Channel Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Channel Sites/Services in any manner that could damage, disable, overburden, or impair any Channel Site/Service(s) (or the network(s) connected to any Channel Site/Service(s)) or interfere with any other party's use and enjoyment of any Channel Site/Service(s). You may not attempt to gain unauthorized access to any Channel Site/Service, other accounts, computer systems or networks connected to any Channel Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Channel Sites/Services.

USE OF SERVICES

The Channel Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Use any material or information, including images or photographs, which is made available through the Channel Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an Channel Site/Service(s) or other user or usage information or any portion thereof.

Channel Consultants has no obligation to monitor the Communication Services. However, Channel Consultants reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Channel Consultants reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Channel Consultants reserves the right at all times to disclose any information as Channel Consultants deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Channel Consultants' sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Channel Consultants does not control or endorse the content, messages or information found in any Communication Service and, therefore, Channel Consultants specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Channel Consultants spokespersons, and their views do not necessarily reflect those of Channel Consultants.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO CHANNEL CONSULTANTS OR POSTED AT ANY CHANNEL WEB SITE

Channel Consultants does not claim ownership of the materials you provide to Channel Consultants (including feedback and suggestions) or post, upload, input or submit to any Channel Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Channel Consultants, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Channel Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a Channel Site/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. Channel Consultants is under no obligation to post or use any Submission you may provide and Channel Consultants may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), you warrant and represent that (a) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Channel Site/Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture. By Posting a Picture, you are granting (a) to all members of your private community (for each such Picture available to members of such private community), and/or (b) to the general public (for each such Picture available anywhere on the Channel Web Site, other than a private community), permission to use your Picture in connection with the use, as permitted by these Terms of Use, of any Channel Site/Service, (including, by way of example, and not as a limitation, making prints and gift items which include such Picture), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Picture without having your name attached to such Picture, and the right to sublicense such rights to any supplier of such Channel Site/Service. The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from the Channel Web Site, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your Picture.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE CHANNEL SITES/SERVICES

All content and software (if any) that is made available to view and/or download in connection with the Channel Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of Channel Consultants and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, Channel Consultants hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Channel Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Channel SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CHANNEL SITES/SERVICES AND TO THE INFORMATION THEREIN. CHANNEL CONSULTANTS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CHANNEL SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE Channel SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CHANNEL CONSULTANTS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE Channel SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CHANNEL CONSULTANTS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT CHANNEL CONSULTANTS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN Channel SITE/SERVICE. YOU SPECIFICALLY AGREE THAT CHANNEL CONSULTANTS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT CHANNEL CONSULTANTS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN CHANNEL SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL CHANNEL CONSULTANTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CHANNEL SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE Channel SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Channel SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE Channel SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHANNEL CONSULTANTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Channel SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CHANNEL SITES/SERVICES.

STORAGE SPACE AND OTHER LIMITATIONS

The amount of storage space per user is limited for each Channel Site/Service which provides such storage. Please visit the applicable FAQ pertaining to that service for more information. Some messages may not be processed due to space constraints or outbound message limitations. You agree that Channel Consultants is not responsible or liable for the deletion or failure to store messages or other information.

SERVICE CONTACT: Webmaster@ccserving.com

TERMINATION/ACCESS RESTRICTION

Channel Consultants reserves the right, in its sole discretion, to terminate your access to any or all Channel Sites/Services and the related services or any portion thereof at any time, without notice.

Channel Consultants may also terminate or suspend your access to Channel Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Channel Consultants. The amount of time that Channel Consultants currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the Channel Site/Service, your right to use the Channel Site/Service immediately ceases.

Channel Consultants shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

Channel Consultants will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Channel Consultants liquidated damages of $5 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account, otherwise you agree to pay Channel Consultants' actual damages, to the extent such actual damages can be reasonably calculated.

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

GENERAL

This agreement is governed by the laws of the State of Texas, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Milam County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Channel Sites/Services. Use of the Channel Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Channel Consultants as a result of this agreement or use of the Channel Sites/Services. You agree to indemnify and hold Channel Consultants, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Channel Sites/Services. Channel Consultants reserves the right to disclose any personal information about you or your use of the Channel Sites/Services, including its contents, without your prior permission if Channel Consultants has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Channel Consultants or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Channel Consultants' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Channel Consultants' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Channel Sites/Services or information provided to or gathered by Channel Consultants with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Channel Consultants with respect to the Channel Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Channel Consultants with respect to the Channel Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Channel Web Sites are: Copyright (c) 1997 - 2011 Channel Consultants and/or its suppliers, 202 E 9th Street, Cameron, TX 76520, U.S.A. All rights reserved.

TRADEMARKS. Channel and Channel Consultants are either trademarks or registered trademarks of Channel Consultants. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Rev. Sep 2011