Welcome to maybenow. maybenow (“maybenow.com”, “us”, “our” or “we”)
provides users with a number of services including without limitation search
services, the ability to connect with information and people as well as any and
all other features, content, or applications offered from time to time by
maybenow, accessible through the maybenow.com website and all linked pages owned
and operated by maybenow (collectively the “Site”) which are accessible through
various devices and medium (collectively the “maybenow Services”).
This Terms of Service Agreement (the "Agreement") sets forth the legally binding
terms for your use of the maybenow Services. Use of the Site and/or the maybenow
Services is also governed by our Privacy Policy, a copy of which is currently
located here PRIVACY POLICY,
which policy is hereby incorporated into this Agreement by reference. Whether
you are simply browsing the Site or are a registered member of maybenow (in each
and every case, a "User"), by accessing, browsing or using the Site, the
maybenow Services or by otherwise accessing in any other manner the domain and
sub-domains of www.maybenow.com, all of which are owned and operated by
maybenow, you agree to be bound by all of the terms and conditions of this
Agreement, including, without limitation, the fact that each User who posts
content on the Site and/or in connection with the maybenow Services, and not
maybenow.com, is legally the sole and exclusive author, publisher and/or speaker
of such content, and therefore assumes any and all liability associated with
said content (which liability may include a claim of defamation by another User
or any other third party). See paragraph 5 below "Disclaimer of User
Postings".
Before you may access or use the Site and/or any of the maybenow Services, you
must read and agree to all of the terms and conditions of this Agreement,
including any and all terms and conditions contained in agreements referenced to
or linked herein. Please read this Agreement carefully as you are only
authorized to access or use the Site and/or the maybenow Services (regardless of
whether your access or use is intentional) if you agree to abide by this
Agreement. If you do not wish to accept the terms and conditions of this
Agreement, please exit the Site immediately and discontinue your use of the
maybenow Services, if any. You hereby agree that your electronic acceptance of
this Agreement has the same force and effect as if you had agreed to it in
writing. Nevertheless, we suggest that you save or print a copy of this
Agreement for your records before accessing or using the Site and/or any of the
maybenow Services.
In order to participate in certain maybenow Services, you may be notified that
you are required to download software or content and/or agree to additional
terms and conditions. Unless otherwise provided for by the additional terms and
conditions applicable to the maybenow Services in which you choose to
participate, those additional terms are hereby incorporated into this Agreement
by reference.
maybenow reserves the right to modify the terms and conditions of this
Agreement, in whole or in part, at any time without notice to Users, so please
check them each time you access or use the Site and/or the maybenow Services.
Any access to or use of the Site and/or the maybenow Services by you following
the date on which maybenow implements changes to this Agreement shall constitute
your unconditional acceptance of all such changes.
1. Eligibility. Access to and use of the Site and/or membership in the
maybenow Services and/or the maybenow Services is void where legally prohibited.
You must be 14 years of age or over to access and/or use the Site and/or become
a registered member of maybenow and/or to use the maybenow Services. By
accessing or using the Site and/or the maybenow Services, you represent and
warrant to maybenow that (i) you are 14 years of age or older (ii) all personal
and registration information that you submit to maybenow is truthful and
accurate (iii) you will maintain the accuracy of such information (iv) you have
the right, authority and capacity to enter into this Agreement, and (v) your
access to or use of the Site and/or the maybenow Services does not violate any
law or regulation in the jurisdiction in which you reside. YOUR PROFILE ON THE
SITE MAY BE DELETED AND YOUR MEMBERSHIP IN maybenow TERMINATED WITHOUT WARNING
AND WITHOUT REFUND OF ANY MEMBERSHIP FEES OR OTHER MONIES PAID TO maybenow IF
maybenow SUBSEQUENTLY DETERMINES THAT YOU ARE LESS THAN 14 YEARS OF AGE.
2. Your Account. To become a member in maybenow, you will be required to
set up an account and to select a user name and password. YOU ARE SOLELY AND
ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND
FOR ANY AND ALL USE OF YOUR maybenow ACCOUNT. maybenow reserves the right to,
among other things, and in its sole and entire unfettered discretion without
liability whatsoever, to reject or refuse any User's registration, or attempt to
register, as a member of maybenow, and once registered, to restrict, suspend or
terminate such User's access to or use of the Site, all or any part of the
maybenow Services and/or such User's maybenow accounts or membership at any
time, for any or no reason, with or without prior notice to such User.
In setting up your maybenow account, you also agree to the following rules:
(a) You will provide complete and accurate information about yourself, and
update such information in the future to keep it complete and accurate. maybenow
reserves the right to immediately terminate your maybenow account upon written
notice to you to this effect if you intentionally provide false or inaccurate
personal information, as well as the right to pursue legal action against you
for so doing if warranted under the circumstances;
(b) You will abide at all times by all of maybenow's rules regarding your access
to and use of the Site and/or the maybenow Services. You understand, acknowledge
and agree that (i) maybenow reserves the right to charge you for use of the Site
and/or the maybenow Services and to change its fees and other charges for such
service at any time and from time to time in its sole and entire unfettered
discretion, and (ii) if maybenow terminates your maybenow membership because you
have breached this Agreement, you shall not under any circumstances be entitled
to the refund of any unused portion of your maybenow membership fees or to claim
damages of any kind from maybenow;
(c) You will not use the maybenow account, username, or password of another
maybenow member at any time, or disclose your password to any third party;
(d) You will not access or use the Site and/or any of the maybenow Services
using a user name that is, contains or is substantially similar to, a trademark
or service mark, or that incorporates words that are defamatory, vulgar,
obscene, libelous, hateful, or racially or ethnically or otherwise
objectionable. You may not use a misspelling or an alternative spelling to
circumvent the foregoing restrictions;
(e) You will not at any time transmit any content or other information appearing
on the Site and/or in connection with the maybenow Services to another User or
any other third party by way of a screen capture (or other similar method), nor
will you display any such information or content in a frame or in any other
manner that is different from how it would appear if such User or third party
had typed the URL for the Site into the browser line;
(f) You will pay to maybenow when due all fees and charges incurred in
connection with your maybenow account, including applicable taxes, in accordance
with the billing terms that are in effect at the time the fees or charges become
payable. You will also reimburse maybenow for all costs and expenses incurred by
maybenow in collecting payments from you in connection with your maybenow
account, including, without limitation, all bank and service charges and all
reasonable attorneys' fees; and
(g) You will exit out of your maybenow account at the end of each session, and
will immediately notify maybenow if you know of or suspect any unauthorized use
of your maybenow account or access to your password.
3. Restricted use. The Site and/or the maybenow Services are for the
personal use of maybenow members only, and may not be used in connection with
any commercial endeavors except those that are specifically endorsed or
authorized by maybenow in advance and in writing. Illegal and/or unauthorized
access to or use of the Site and/or the maybenow Services, including, without
limitation, the collection of usernames and/or e-mail addresses of maybenow
members by electronic or other means (for example, by the sending spam, other
types of unsolicited e-mails or the unauthorized framing of, or linking to, the
Site) for commercial or any other purpose whatsoever is strictly prohibited.
Accordingly, commercial advertisements, affiliate links, and other forms of
solicitation may be removed from maybenow member profiles without notice and may
result in termination of a User's maybenow membership privileges. LEGAL ACTION
MAY BE TAKEN BY maybenow AGAINST A USER FOR ANY ILLEGAL OR UNAUTHORIZED USE OF
THE SITE AND/OR THE maybenow SERVICES.
4. Your Conduct. We would like you to enjoy the Site and the maybenow
Services. However, for your protection and that of all Users, the posting of
certain content on the Site, as well as certain conduct in connection therewith
and/or the maybenow Services, is strictly prohibited ("Prohibited Behavior"). If
you engage in Prohibited Behavior, or maybenow determines in its sole and entire
unfettered discretion that you are engaging in Prohibited Behavior, your
maybenow membership and/or your access to or use of the Site and/or all or any
part of the maybenow Services may be terminated immediately without notice to
you or refund to you of any membership fees or other monies paid to maybenow.
In addition to the foregoing, legal action may be taken against you by another
User or maybenow with respect to your having engaged in Prohibited Behavior.
Prohibited Behavior includes, but is not limited to, accessing or using the Site
and/or all or any part of the maybenow Services to:
a. promote or disseminate information that you know is false, misleading or
defamatory;
b. conduct any unlawful or illegal activity, such as, but not limited to, any
activity that furthers or promotes any criminal activity or enterprise, provides
instructional information about making or buying illegal weapons, violates
another User or any other third party's privacy or other rights or that creates
or spreads computer viruses;
c. harm minors in any way;
d. transmit or make available any content that is unlawful, harmful,
threatening, abusive, tortuous, defamatory, vulgar, obscene, lewd, lascivious,
filthy, excessively violent, hateful, or racially or ethnically or otherwise
objectionable;
e. transmit or make available any content that harasses, or that advocates the
harassment of, another User or other third party;
f. transmit or make available any content that exploits another User or any
other third party in a sexual or violent manner;
g. transmit or make available any content that contains nudity, violence, or
offensive subject matter or contains a link to an adult website;
h. solicit personal information from another User or any other third party under
the age of 18;
i. provide any telephone numbers, street addresses, last names, URLs or e-mail
addresses;
j. transmit or make available any content that contains any restricted or
password only access pages or hidden pages or images;
k. solicit passwords or personal identifying information for commercial or
unlawful purposes from another User or any other third party;
l. make, solicit or promote any sales or commercial activity, such as, but not
limited to, contests, sweepstakes, barter or advertising without maybenow's
express prior written endorsement or authorization;
m. transmit or make available any content that contains includes a photograph of
another User or any other third party without that person's consent;
n. transmit or make available any content that the User does not have a right to
make available under any law or contractual or fiduciary relationship, including
without limitation, any content that infringes a third party's copyright,
trademark or other intellectual property and proprietary rights;
o. transmit or make available any content or material that contains any software
virus or other computer or programming code (including HTML) designed to
interrupt, destroy or alter the functionality of the Site, its presentation or
any other website, computer software or hardware;
p. interfere with, disrupt or reverse engineer the Site and/or all or any part
of the maybenow Services in any manner, including, without limitation,
intercepting, emulating or redirecting the communication protocols used by
maybenow, creating or using cheats, mods or hacks or any other software designed
to modify the Site and/or all or any part of the maybenow Services, or using any
software that intercepts or collects information from or through the Site and/or
all or any part of the maybenow Services;
q. retrieve or index any information from the Site and/or all or any part of the
maybenow Services using any robot, spider or other automated mechanism;
r. participate in any activity or action that, in the sole and entire unfettered
discretion of maybenow results or may result in another User being defrauded or
scammed;
s. transmit or make available any unsolicited or unauthorized advertising or
mass mailing such as, but not limited to, junk mail, instant messaging, "spim",
"spam", chain letters, pyramid schemes or other forms of solicitations;
t. create maybenow accounts by automated means or under false or fraudulent
pretenses; or
u. impersonate another User or any other third party.
The above list of Prohibited Behavior is not exhaustive and may be modified by
maybenow at any time or from time to time. If you become aware of the misuse of
the Site and/or all or any part of the maybenow Services by another User or any
other person, please contact maybenow through the "Contact Us" section of the
Site. maybenow reserves the right to investigate and to take all such actions as
maybenow, in its sole and entire enfettered discretion deems appropriate or
necessary under the circumstances, including without limitation, deleting the
User's posting(s) from the Site and/or terminating the maybenow membership of
such User, against any User or third party who directly or indirectly in, or
knowingly permits any third party to directly or indirectly engage in,
Prohibited Behavior, the whole without or without notice to such User or third
party.
5. Disclaimer of User postings. maybenow does not claim any rights of any
kind (including, without limitation, ownership rights) in the posting made by
Users on the Site and/or in connection with all or any part of the maybenow
Services. All User postings remain the sole and exclusive property, publication,
speech and responsibility of the posting User. You therefore understand,
acknowledge and agree that:
a. each User, and not maybenow, is the sole and exclusive author, publisher
and/or speaker of the content it posts on the Site and/or in connection with the
maybenow Services. Each User, and not maybenow, is therefore fully liable for
such content (including, without limitation, any and all untruths or
inaccuracies), whether caused by the User or by any of the equipment or
programming associated with or utilized in the maybenow Services.
b. maybenow does not endorse, nor does it have control of any kind over User
postings on the Site and/or in connection with all or any part of the maybenow
Services. maybenow acts strictly and solely as a passive conduit for the online
distribution and publication of content posted on the Site and/or through the
maybenow Services by Users.
c. maybenow does not, and has no obligation of any kind to, screen in advance
User postings on the Site and/or in connection with the maybenow Services, or to
subsequently review, monitor or edit such postings. The content posted by Users
on the Site and/or through or in connection with the maybenow Services does not
necessarily reflect the opinions or policies of maybenow and maybenow makes no
warranties (whether express or implied) of any kind with respect to the content,
accuracy and reliability of User postings.
d. maybenow does not, and accepts no liability, for monitoring the Site and/or
the maybenow Services for Prohibited Behavior. Notwithstanding the foregoing, if
at any time maybenow chooses in its sole discretion to monitor the Site and/or
the maybenow Services for Prohibited Behavior, maybenow shall not be liable to
any User or any third party for the content of any User posting (or for the
conduct of the User posting the content at issue), nor shall maybenow have any
obligation to modify, delete or reject any posting that another User or any
third party considers inappropriate, illegal, defamatory or otherwise a
violation of this Agreement. maybenow may, but is not obligated to, nonetheless
choose to take any action it deems necessary or appropriate under the
circumstances in respect of any User posting that in the sole and entire
judgment of maybenow constitutes Prohibited Behavior or that otherwise violates
this Agreement. See paragraph 4 "Your Conduct" above.
e. Profiles created and posted by Users on the Site may contain links to other
websites. maybenow accepts no liability for the content, accuracy or opinions
expressed on such websites. See paragraph 12 below "Links to other websites".
6. Interruption/Modification of the Site. maybenow reserves the right to
interrupt the Site and/or the maybenow Services with or without prior notice to
Users for any reason whatsoever. You understand, acknowledge and agree that
maybenow will not be liable for any interruption, delay in or failure to perform
of the Site and/or the maybenow Services, and that you will not be entitled to
any refund of maybenow membership fees or other monies paid to maybenow in this
regard. In addition to the foregoing, you understand, acknowledge and agree that
maybenow has the right at any time and for any reason to modify and/or eliminate
any aspect(s) of the Site and/or the maybenow Services as maybenow deems
necessary or appropriate in its sole and entire unfettered discretion without
liability of any kind to any User or third party.
7. International Use. When accessing or using the Site and/or the
maybenow Services, you hereby agree to comply with all local laws and rules of
the jurisdiction in which you are located, including, without limitation, those
regarding online conduct, the posting of content on the Internet and the
defamation of others. Without limiting the foregoing, you also agree to comply
with all applicable laws regarding the transmission of technical data exported
from Canada, the United States of America
and/or the country in which you reside. In addition to the foregoing, it should
be noted that software available on the Site and/or in connection with the
maybenow Services (the "Software") may be subject to the export controls of Canada, the United States of America and/or the country in which you
reside. No Software may therefore be downloaded from the Site and/or the
maybenow Services, or otherwise exported or re-exported by you in violation of
such laws. Downloading or using the Software is at your sole and entire risk.
8. Intellectual Property. Except for the personal information and content
posted on the Site and/or in connection with the maybenow Services by Users, the
Site and the maybenow Services, as well as any and all other content, property
and software included therein, are owned by maybenow or its licensors, and are
protected by Canadian, US and other international intellectual property laws.
Without limiting the foregoing, "maybenow" and maybenow graphics, logos, page
headers, buttons, icons, scripts and service names are trademarks, trade names
or trade dress of maybenow in Canada, the United States of America and/or other jurisdictions. You may
not use maybenow's trademarks, trade names and/or trade dress in connection with
any product or service that is not maybenow's, that in any manner is likely to
cause confusion among Users or in the public or that in any manner disparages
maybenow. Except as expressly provided herein, maybenow and its licensors do not
grant you any express or implied rights, license, title or interest in or to its
or their respective trademarks, trade names, trade dress or other property
(including, without limitation, the Site and/or any of the maybenow Services)
and all such rights, license, title and interest maybenow are specifically
retained by maybenow.
9. Your License from maybenow. Subject to the terms of this Agreement,
and so long as you remain compliant with such Agreement, maybenow grants you a
non-exclusive, limited, non sub-licensable and fully revocable license to access
and use the Site and/or the maybenow Services (excluding any software code) for
your personal non-commercial purposes, and for no others. Notwithstanding the
foregoing, you understand, acknowledge and agree that except for content that
you post on the Site, you may not under any circumstances modify, publish,
transmit, transfer, sell, reproduce, upload, post, distribute, perform, display,
create derivative works from, or in any other manner exploit, the Site, the
maybenow Services and/or any of the content thereon or the software contained
therein, except as maybenow expressly permits in this Agreement or otherwise on
the Site. No information or content on the Site or made available to you in
connection with the maybenow Services may be modified or altered, merged with
other data or published in any form including, without limitation, "screen
scraping", "database scraping" and any other activity intended to collect,
store, reorganize or manipulate such information or content. Your access to and
use of the Site and/or the maybenow Services or any of the content thereon or
the software contained therein for any purpose other than as expressly permitted
in this Agreement is a violation of the intellectual property and other
proprietary rights of maybenow, and may subject you to civil liability and/or
criminal prosecution under applicable laws.
10. Your License to maybenow. Users posting content on the Site and/or in
connection with the maybenow Services, retain all ownership rights in such
content and are free to use their content in any manner save and except to
engage in Prohibited Behavior or to otherwise violate any of the terms and
conditions of this Agreement. By posting content on the Site and/or in
connection with the maybenow Services, you hereby grant maybenow an irrevocable,
world wide, non-exclusive, fully-paid, royalty-free and sub-licensable license
to use, modify, publicly perform, publicly display, reproduce, and distribute
such content on the Site and/or through the maybenow Services. maybenow reserve
the right to remove or modify any content you post on the Site and/or in
connection with the maybenow Services at it's sole and entire unfettered
discretion with or without prior notice to you or any liability to you, and you
hereby waive any moral rights you may have in or to such content under the laws
of any jurisdiction. Your license to maybenow terminates at the time your
content is removed from the Site and/or in connection with the maybenow
Services. The license does not grant maybenow the right to sell your content,
nor does your license grant maybenow the right to distribute your content
outside of the Site and/or the maybenow Services. You hereby represent and
warrant that (i) you own the content that you post on the Site and/or in
connection with the maybenow Services or (ii) you otherwise have the right to
grant to maybenow the license contemplated by paragraph 10 of this Agreement,
and (iii) the posting of your content on the Site and/or through the maybenow
Services does not violate the privacy rights, publicity rights, copyrights,
contract rights or any other rights of any User or any third party. You agree to
pay for all royalties, fees, and any other monies owing any User or any third
party by reason of any content that you post on the Site and/or through the
maybenow Services.
11. Complaints. maybenow respects the rights and reputations of all Users
and third parties. If you have serious reasons to believe that your rights have
been violated or that the content posted on the Site and/or through the maybenow
Services constitutes defamation, please provide maybenow's designated agent with
the written information specified below:
a. A complete description of the location on the Site where the content that you
claim has violated your rights or is defamatory is located;
b. Your address, telephone number, and e-mail address; and
c. A summary statement by you, including supporting documentation or
information, if any, made under penalty of perjury, as to why the content
violates your rights or is defamatory. maybenow's designated agent for notice of
complaints with respect to content posted by Users can be reached at the
following URL http://maybenow.com/contactus.php NOTWITHSTANDING THE FOREGOING,
maybenow HAS NO OBLIGATION WHATSOEVER TO YOU OR TO ANY THIRD PARTY TO RESPOND TO
ANY COMPLAINT THAT IT RECEIVES OR TO TAKE ACTION IN CONNECTION THEREWITH. ANY
SUCH RESPONSE OR ACTION, IF ANY, SHALL BE AT THE SOLE AND ENTIRE UNFETTERED
DISCRETION OF maybenow.
12. Links to other websites. The Site and/or the maybenow Service may
contain links to third party websites that are not maintained by, or related to,
maybenow, and over which maybenow has no control. Links to such websites are
provided solely as a convenience to Users, and are in no way investigated,
monitored or checked for accuracy or completeness by maybenow. Links to such
websites do not imply any endorsement by maybenow of, and/or any affiliation
with, the linked websites or the owner(s) thereof. maybenow is not responsible
for the availability of such websites, and no endorsement of any third party
products or services is expressed or implied by any information, material or
content referred to, included on or linked from or to the Site and/or the
maybenow Services. maybenow accepts no liability for the accuracy, completeness,
accessibility and usefulness of the information, data, opinions, advice or
statements contained at such website and your access to and use of all third
party websites, including, without limitation, any and all information,
material, products and services contained or referred to therein, is solely at
your own risk. maybenow accepts no liability for any direct, indirect,
incidental, special, consequential, punitive or other losses or damages of
whatsoever kind arising out of access to or use of any linked website or any
information or reliance on any such content, goods or services available on or
through any such linked website. In addition to the foregoing, maybenow accepts
no liability for any direct, indirect, incidental, special, consequential,
punitive or other losses or damages of whatsoever kind arising out of access to
or use of any third party advertisements that with or without the endorsement or
authorization of maybenow are posted on the Site or made available to Users
through the maybenow Services, nor does maybenow accept or take any
responsibility for the goods or services provided by third party advertisers.
maybenow is not responsible for the conduct, whether online or offline, of any
User of the Site and/or the maybenow Services. maybenow'S PRIVACY POLICY IS
APPLICABLE ONLY WHILE YOU ARE USING THE SITE AND/OR THE maybenow SERVICES. ONCE
YOU ARE LINKED TO ANOTHER WEBSITE, YOU SHOULD READ THE PRIVACY STATEMENT OF THAT
WEBSITE BEFORE DISCLOSING ANY PERSONAL INFORMATION.
13. Indemnification. As a condition of your access to and use of the Site
and/or the maybenow Services, you agree to indemnify and hold maybenow and
maybenow's directors, officers, employees, agents, attorneys, subsidiaries,
affiliates, independent contractors, advertisers, partners, co-branders and
sublicensees and each of their respective successors and assigns (collectively,
the "maybenow Indemnitees") harmless from and against any and all claims,
demands, losses, costs, expenses, obligations, liabilities, damages, recoveries,
and deficiencies, including, without limitation, interest, penalties, and
reasonable attorneys' fees, that the maybenow Indemnitees may incur or suffer
relating to (i) any and all content that you post or access on the Site and/or
in connection with the maybenow Services (ii) your breach of this Agreement,
your representations or warranties set forth herein, any applicable law and/or
the rights of any kind of other Users or third parties (iii) any dispute you
have, or claim to have, with any other User or third party (iv) maybenow's
resolution, if any, of any dispute you have or claim to have with any other User
or third party (v) your improper authorization to or for maybenow to collect,
use or disclose any of the personal information, data or content provided by
you, and (vi) any disclosure made by maybenow with your permission, including,
without limitation, your consent that maybenow disclose your personal
information and other information collected as set forth in our Privacy Policy.
Furthermore, you fully understand and agree that (a) maybenow has the right, but
not the obligation, to resolve disputes between Users and/or third parties
relating to the Site and/or the maybenow Services (b) maybenow's resolution of
any particular dispute does not a create an obligation of any kind on the part
of maybenow to resolve any other such dispute, and (c) maybenow's resolution of
any and all such disputes are final with respect to the Site and/or the maybenow
Services.
14. DISCLAIMER OF WARRANTIES. YOUR ACCESS TO AND USE OF THE SITE AND/OR
THE maybenow SERVICES IS AT YOUR OWN RISK. THE SITE AND/OR THE maybenow SERVICES
ARE BEING PROVIDED BY maybenow ON AN "AS IS" AND "AS AVAILABLE" BASIS. maybenow
MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SITE AND/OR THE maybenow SERVICES OR THE
INFORMATION OR CONTENT INCLUDED THEREIN. maybenow MAKES NO REPRESENTATIONS OR
WARRANTIES THAT THE SITE AND/OR THE maybenow SERVICES WILL BE UNINTERRUPTED,
ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. maybenow HEREBY EXPRESSLY DISCLAIMS
ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING,
TRADE OR PERFORMANCE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM YAHOO! OR THROUGH OR FROM THE maybenow SERVICES OR SOFTWARE
SHALL CREATE ANY WARRANTY. maybenow DOES NOT AND CANNOT REPRESENT, WARRANT OR
GUARANTEE ANY SPECIFIC RESULT TO A USER OR ANY THIRD PARTY RESULTING DIRECTLY OR
INDIRECTLY FROM ACCESS TO OR USE OF THE SITE AND/OR THE maybenow SERVICES.
15. Limitation of Liability. You understand, acknowledge and agree that
maybenow shall not be liable in any manner or to any extent to you or to any
third party for any (i) error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, any posting on the Site or in
connection with the maybenow Services, or (ii) problems or technical malfunction
of any telephone network or lines, computer online systems, servers or
providers, computer equipment, software, failure of any e-mail or players due to
technical problems or traffic congestion on the Internet, the Site or in any of
the maybenow Services or combination thereof, including, without limitation, any
injury or damage to any Users or third party's computer related to, or resulting
from, downloading software or other materials from the Site and/or the maybenow
Services. UNDER NO CIRCUMSTANCES SHALL maybenow BE LIABLE TO YOU OR TO ANY THIRD
PARTY FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM
ACCESS TO OR USE OF THE SITE AND/OR ANY OF THE maybenow SERVICES, FROM ANY
CONTENT POSTED ON THE SITE OR THROUGH ALL OR ANY PART OF THE maybenow SERVICES,
OR FROM THE CONDUCT OF ANY USER OR THIRD PARTY, WHETHER ONLINE OR OFFLINE. UNDER
NO CIRCUMSTANCES SHALL maybenow BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY
DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS,
LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF maybenow HAS BEEN ADVISED IN
ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING OR
ANYTHING TO THE CONTRARY CONTAINED HEREIN, maybenow'S TOTAL LIABILITY TO YOU OR
TO ANY THIRD PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU OR SUCH THIRD PARTY TO maybenow FOR THE USE OF THE SITE
AND/OR THE maybenow SERVICES DURING THE TERM OF MEMBERSHIP.
16. General Provisions.
a. Term of Agreement. This Agreement shall remain in full force and
effect while you access or use the Site and/or the maybenow Services or are a
member of maybenow. You may terminate your paid maybenow membership at any time,
for any reason, without refund, in the "My Membership" section of the Site,
after logging in. Be advised that by canceling your paid maybenow membership,
you simply restrict your own access to the Site and/or the maybenow Services and
that you do not (i) erase your e-mail address from the Site and/or the maybenow
Services (ii) delete all or any comments, positive or negative, about you
previously found on the Site and/or in connection with the maybenow Services, or
(iii) prevent other Users from writing positive or negative comments about you
on the Site and/or in connection with the maybenow Services. This Agreement will
survive the termination of your maybenow membership for any reason.
b. Changes to the Agreement. maybenow may modify the terms of this
Agreement at any time or from time to time at its sole discretion. Such modified
Agreement will be effective immediately upon posting to the Site where the prior
version of this Agreement was posted. You agree to be bound to any changes to
this Agreement when you use the Site after any such modified Agreement is
posted.
c. Gender. Words importing the singular number shall include the plural
and vice versa, words importing the masculine gender shall include the feminine
and neuter genders and vice versa and words importing persons shall include
individuals, partnerships, associations, trusts, unincorporated organizations
and corporations.
d. Waiver. No waiver by maybenow, whether by conduct or otherwise, of a
breach or threatened breach by you of any term or condition of this Agreement
shall be effective against, or binding upon, maybenow unless made in writing and
duly signed by maybenow, and, unless otherwise provided in the written waiver,
shall be limited to the specific breach waived. The failure of maybenow to
enforce at any time any term or condition of this Agreement shall not be
construed to be a waiver of such provision or of the right of maybenow to
enforce such provision at any other time.
e. Notices. All notices or other communications to be given by either you
or maybenow Borrowers shall be in writing in the English language and may be
given personally, by telecopy or by registered or certified mail and, if mailed,
shall be deemed given ten (10) business days after the letter is deposited in
the mail, during normal postal conditions throughout such period.
f. Severability. If any term or condition of this Agreement is finally
determined by a Court of competent jurisdiction to be invalid, illegal or
incapable of being enforced, all such terms or conditions shall be deemed
severed from this Agreement, but every other term or condition of this Agreement
shall remain in full force and effect, and in substitution for any such term or
condition held unlawful, there shall be substituted a term or condition of
similar import reflecting the original intent of maybenow to the extent
permissible under law.
g. Assignment. Neither this Agreement nor any of the rights or
obligations hereunder may be assigned by you without the prior written consent
of maybenow, which consent may be withheld by maybenow in its sole and entire
unfettered discretion. maybenow may, without your consent, assign all or any
portion of its rights and obligations hereunder to any third party by posting
written notice to this effect on the Site and/or in connection with the maybenow
Services. In such case, all Users shall be irrevocably deemed to have first
entered into this Agreement with such third party as of the date the Site first
became operational, and not maybenow, and shall not therefore have any further
claim or recourse against maybenow of any kind.
h. Headings. The division of this Agreement into paragraphs and
sub-paragraphs and the insertion of headings are for convenience of reference
only, and shall not affect or be utilized in the construction or interpretation
of this agreement. The terms "this Agreement", "hereof", "hereunder" and similar
expressions refer to this Agreement and not to any particular paragraph or
sub-paragraph or other portion hereof and include any agreement supplemental
hereto. Unless the subject matter or context is inconsistent therewith,
references herein to paragraphs and sub-paragraphs are to paragraphs and
sub-paragraphs of this Agreement.
i. Other Rules. maybenow may have additional or other rules that govern
your access to or use of the Site and/or the maybenow Services, and may change
such rules at any time or from time to time. Those rules will be made available
to your prior to or at the time of your access to or use of the Site and/or the
maybenow Services. Please read those rules carefully.
j. Governing law. This Agreement shall be interpreted and governed by the
laws in force from time to time in the State of New York, USA, without regard to
principles of conflict of laws that would result in the application of different
law. In particular, such laws currently include the Communications Decency Act,
section 230 of which provides that "No provider or user of an interactive
computer service shall be treated as the publisher or speaker of any information
provided by another information content provider". Nevertheless, and in addition
to the foregoing, you agree to the personal and exclusive jurisdiction of the
Courts located in judicial district of Montreal, Quebec, Canada, being the
jurisdiction in which the registered offices of maybenow are located, in the
event of any dispute pertaining to this Agreement, any and all content posted by
Users on the Site and/or in connection with the maybenow Services. YOU HEREBY
IRREVOCABLY WAIVE ANY AND ALL OBJECTIONS RELATED TO THE LAW OR CHOICE OF LAW
GOVERNING THIS AGREEMENT AND/OR TO THE CHOICE OF THE COURTS LOCATED IN THE
JUDICIAL DISTRICT OF MONTREAL AS THE SOLE AND EXCLUSIVE VENUE TO HEAR AND
RESOLVE ANY ACTION, CLAIM, DEMAND, SUIT OR PROCEEDING AGAINST maybenow IN
CONNECTION WITH THE SITE, ANY AND ALL POSTINGS THEREON, THE maybenow SERVICES OR
THIS AGREEMENT.
k. Acknowledgement. By hereafter accessing or using the Site and/or the
maybenow Services, you acknowledge having read, understood and agreed to each
and every paragraph of this Agreement. As a result, you hereby irrevocably waive
any future argument, claim, demand or proceeding to the contrary of anything
contained in this Agreement. The language used in this Agreement is that chosen
by you and maybenow, and no rule of strict construction will be applied against
either you or maybenow.
l. Entire Agreement. This Agreement constitutes the entire agreement
between you and maybenow with respect to your access to and use of the Site
and/or the maybenow Services, and supersedes all other prior agreements and
communications, whether oral or written with respect to the subject matter
hereof.
m. Language. You agree that English will be the language of the Site
and/or the maybenow Services, and of all transactions occurring in connection
with the Site and/or the maybenow Services, and you agree to waive any right to
use and rely upon any other language or translations. The parties hereto
acknowledge and agree that they have required that this agreement, as well as
all documents, notices and legal proceedings entered into, given or instituted
pursuant hereto or relating directly or indirectly hereto be drawn up in
English. Les parties reconnaissent avoir exige la
redaction en anglais de cette convention, ainsi que de tous documents executes,
avis donnes et procedures judiciaires intentees, directement ou indirectement, a
la suite ou relativement a la presente convention.
I HAVE READ, UNDERSTOOD AND AGREED TO EACH PARAGRAPH OF
AGREEMENT AND I HEREBY IRREVOCABLY AGREE TO ABIDE BY ALL OF ITS TERMS AND
CONDITIONS AT ALL TIMES I ACCESS OR USE THE SITE AND/OR maybenow SERVICES.