Terms of Service for Users of RSS Applied™.com

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE MATERIALS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE MATERIALS. YOUR CONTINUED USE OF THE MATERIALS AND YOUR CLICKING ON "I AGREE" BELOW, INDICATE YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS AND THAT THESE TERMS AND CONDITIONS CONSITUTE AN AGREEMENT BETWEEN YOU AND RSS APPLIED.COM. THROUGHOUT THIS TERMS OF SERVICE AGREEMENT THE WORD "YOU" REFERS TO THE USER OF RSS APPLIED.COM'S "MATERIALS" (AS DEFINED BELOW).

RSS Applied™.com reserves sole discretion in revising these terms and conditions from time to time by updating this page.

All users of this web site must be at least 18 years of age (21 years of age in Alabama, Mississippi, Nebraska, Wyoming, and any other location where 18 is not the age of majority). By continuing to access the site, and by clicking on "I agree" below, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement. Some of the underlying software from which our RSS Applied™.com web site, products and services were developed based on Word Press software, according to its General Public License ("GPL"). However, much of the software was modified by RSS Applied™.com and the GPL requires we notify users that that software is no longer the original. Since all of the content, design, optimization, and processes associated with the website, products and services of RSS Applied™.com have been independently created, are separate works from and are not derived from the Word Press Program, this GPL, and its terms, do not apply. To the extent of its own independently developed content, design, optimization, and processes in the web site, products and services of RSS Applied™.com , we grant you a non-exclusive, non-transferable, limited right to access, use and display the RSS Applied™.com website, RSS Applied™.com content, products and services ("Materials"). In exchange, you agree that RSS Applied.com has no liability for damages you may incur as a result of visiting RSS Applied.com web site. You may use the Materials only in accordance with the terms and conditions set forth herein, only on one computer at a time and you may make only a single copy of such Materials for your personal use and enjoyment. You may not remove any proprietary notices from the Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from RSS Applied.com.

For all independently created works by RSS Applied™.com you are prohibited from the following uses, including without limitation: (1) permitting other individuals to directly or indirectly use the Materials; (2) making copies or creating derivative works based on the Materials; (3) renting, leasing, or transferring any rights in the Materials; (4) use of Materials in any advertising in any medium; (5) public display, performance or sale of the Materials; and (6) removing any proprietary notices or labels on the Materials. This license does not grant you any rights to any software enhancements or updates of any kind. All Materials included at this web site are for the private use by visitors only. No other uses are intended by RSS Applied™.com and any other use is strictly prohibited. You promise that you will not engage in any prohibited uses.

You agree to indemnify and hold harmless RSS Applied™.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the service, or violation of this Agreement

You agree that RSS Applied™.com does not have any liability for any delays, omissions, inaccuracies or failures relating to products or services directly or indirectly provided by RSS Applied™.com and that access and use of the RSS Applied™.com web site and Materials is at your own risk and that you will be solely responsible for information transmitted, whether by email or this web site. Neither RSS Applied™.com nor any other party involved in providing this web site to the Internet community shall be liable for any direct, incidental, consequential, indirect or punitive damages, lost profits, lost revenues, or damages of any kind arising out of any access, use or inability to use this web site, or any errors or omissions in the content found therein, whether alone, or with or under the authority of, any other person, including, without limitation, any governmental agency or agencies. In states that do not allow the exclusion or limitation of incidental or consequential damages, the total liability of RSS Applied™.com' to any one user for all damages, losses, or causes of action shall not exceed $100.00. You agree to indemnify and hold harmless RSS Applied™.com, its owners and agents from and against any and all liability and costs incurred in connection with any claim, brought under any legal theory, arising out of any breach by you, including, without limitation, loss of revenue, lost profits, loss of property, fines, attorneys' fees and costs, and/or damages, fines, fees and costs resulting from government prosecution, seizure, forfeiture, and/or injunction.

Neither RSS Applied™.com nor any of its online service providers shall have any liability for the actions by persons who access the RSS Applied™.com web site or Materials, or for those person's use, contents (audio, video or text), comments, errors or omissions therein. Neither RSS Applied™.com nor any of its online service providers shall have any liability for any third-party claims or losses of any nature.

RSS Applied™.com makes no warranties, express or implied, about results obtained from use of any information found on the RSS Applied™.com web site. You agree that RSS Applied™.com does not have any liability for any delays, omissions, inaccuracies or failures relating to products or services not directly provided by RSS Applied™.com. Neither RSS Applied™.com nor any of its online service providers shall have any liability for the actions of advertisers or partners or for the contents of any advertisements or for assertions or omissions therein.

THIS SERVICE IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.

RSS Applied™.com offers no assurance of uninterrupted or error free service. RSS Applied™.com does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on this web site. RSS Applied™.com may change any of the information found at this site at any time without notice and shall have no liability of any kind that may arise from the use or inability to use RSS Applied™.com Materials, or the accuracy or completeness therein.

You agree that the RSS Applied.com web site and Materials belong to RSS Applied.com, and that they are a valuable part of the business, assets and value of RSS Applied™.com. You further agree that any use of the web site and/or Materials in violation of this Agreement will constitute a breach, for which RSS Applied.com may immediately cease to offer you use and access to the web site and Materials, as well as remove any prohibited use, content, image, text, audio or other user materials, and thereafter seek any legal or equitable redress available.

Your subscription, username and/or password may not be disclosed, assigned or transferred to any other person or entity. You must promptly inform RSS Applied™.com of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. Until RSS Applied™.com is notified in writing of any breach in security, you will remain fully liable for any unauthorized use of the web site.

Interpretation and enforcement of this agreement shall be governed by the laws of the State of Oregon. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You consent to personal jurisdiction in the federal and state courts of Clackamas County, Oregon, for any action arising out of or relating to your use of this web site. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and attorneys' fees.

In the event any portion of this agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of registration at the sole discretion of RSS Applied™.com.

You must use the RSS Applied™.com service in a manner consistent with any and all applicable laws and regulations.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the RSS Applied™.com site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that because the extent of harm caused by impermissible uses to the RSS Applied™.com web site cannot be calculated in monetary damages at the time of making this agreement, any breach by you of any portion of this agreement shall result in your payment of "liquidated damages" of Fifteen Thousand Dollars ($ 15,000.00).,/p>

By submitting information you also represent and warrant that that the content is true and accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity. You agree to indemnify and hold harmless RSS Applied™.com and all its agents for any liability arising from your submitted information (including but not limited to claims for defamation).

You agree that any unsolicited communication or material transmitted to RSS Applied™.com via this web site or Internet email is not confidential and that your unsolicited communications may be read or intercepted by others. RSS Applied™.com does not provide any facility for sending or receiving private or confidential electronic communications, except that credit card information is communicated using 128 bit SSL encryption. All messages transmitted to RSS Applied™.com shall be deemed to be readily accessible to the general public. Visitors should not use RSS Applied™.com to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Unsolicited communication or material sent to RSS Applied™.com, its owners or agents may be used in any manner it sees fit, whether posting, publication, reproduction, broadcast or submission to proper legal authorities.

RSS Applied™.com is a trademark of Net Syndications, LLC and may be used publicly only with express written permission by RSS Applied™.com. Other trademarks, service marks and intellectual property featured on the RSS Applied™.com web site and Materials are displayed pursuant to licenses obtained from the owners and/or holders of those trademarks and service marks, and may not be used publicly without the express written consent of the owners and/or holders of such intellectual property.

Except as expressly stated in this agreement, RSS Applied™.com does not grant any express or implied license or right of ownership or use for any of its intellectual property or other proprietary information.

Users of the RSS Applied™.com web site and/or Materials and RSS Applied™.com customers must notify RSS Applied™.com of any intellectual property infringement they discover in the web site and/or Materials, whether supplied by RS Applied™.com, or by another user/customer. To let RSS Applied™.com know about an alleged infringement, please contact us through our company-designated agent of service for infringement:

NET SYNDICATIONS LLC (doing business as "RSS Applied™.com)
C/o Sara J. Siegler PC
39523 Place Rd.
Fall Creek, OR 97438
(541)937-0444 - phone & fax

Or send email to manage@rssapplied.com

RSS Applied™.com reserves the right to terminate your access to the site for any reason or no reason. If RSS Applied™.com terminates this agreement for your breach or violation of any provision of this Terms of Service agreement, you agree to immediately destroy any information or materials you have downloaded, printed or otherwise copied from this site. RSS Applied™.com reserves all other rights coincident or related to this site.

You may establish a hypertext "link" to this site and/or distribute, modify or re-use the text or graphics of this site only after obtaining written permission from RSS Applied™.com allowing you to do so.

This site contains links to sites which are controlled by third parties. Those linked sites are not under the control of RSS Applied™.com, and RSS Applied™.com is not responsible for the contents of any linked site or any link contained in a link site. RSS Applied™.com is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by RSS Applied™.com of any linked site.

Notices by RSS Applied™.com to customers shall be given by means of electronic messages or by a general posting on the site, and by clicking "I agree" below, you consent to electronic notice. Notices by customers to RSS Applied™.com shall be given by electronic messages unless otherwise specified in the agreement. All questions, complaints, or notices to RSS Applied™.com by means of electronic message must be sent to manage@RSS Applied.com.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through RSS Applied™.com, including 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 advertiser. You agree that RSS Applied™.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on RSS Applied™.com.

This agreement, along with the RSS Applied™.com Privacy Policy and the information You provided in your registration represents the entire agreement between you and RSS Applied™.com and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revision of this page, agreements made for the purpose of accessing the registered users' area of the site, or in writing signed by an authorized agent of RSS Applied™.com. The Privacy Policy is herein incorporated by reference.

Please continue to browse the website only if you agree to these Terms and Conditions.

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