The Blastmart Web site ('Web site') is offered to you ('Member') by PM Tech LLC ('Company'), conditioned by your acceptance, without modification, of the terms, conditions, and notices contained in this User Agreement ('Agreement'). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. The right to use this Web site is personal to the member and is not transferable by assignment, sublicense, or any other method to any other person or entity.
By completing the registration process for this Web site, you agree to the terms of this Agreement just as if you had signed it. If you do not wish to be bound by this Agreement, please do not complete the registration process.
Member shall provide Company with accurate, complete, and updated information as to his or her name and e-mail address provided at registration with this Web site. Failure to do so shall constitute a breach of this Agreement. No member may (i) select or use the user ID or e-mail address of another person with the intent to impersonate that person; (ii) use the user ID or e-mail address subject to the rights of any person other than member without authorization; (iii) use a user ID in violation of the intellectual property rights of any person; or (iv) use a user ID that Company, in its sole discretion, deems offensive.
Use of Member Information
Company reserves the right to use all information collected on this Web site for any legally permissible purpose including, but not limited to telemarketing, email advertising and promotions, banner advertising, and direct mail advertising. In addition, Company reserves the right to disclose, transfer or sell all information collected from visitors or users to third parties, including but not limited to its own business affiliates and licensors, and to authorize such third parties to use the information for any legally permissible purpose. For further information regarding the use of member information please see our Privacy Statement.
Member shall take any and all actions necessary to maintain the privacy of his or her password. In the event member has reason to believe that a third party has access to member's account, member shall promptly change account password by updating member's user information or by notifying Company via e-mail.
Disclaimer of Warranties and Limitation of Liability
Member expressly agrees that use of the Web site is at his or her sole risk. Neither Company, its affiliates, nor any of their respective employees, agents, third-party content providers, or licensors warrants that use of this Web site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of this Web site or as to the accuracy, reliability, or content of any information, service, or merchandise provided through this Web site.
This Web site is provided on an 'as is' basis without warranties of any kind, either expressly or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by, and incapable of exclusion, restriction, or modification under the laws applicable to this Agreement.
The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Member specifically acknowledges that Company is not liable for the defamatory, offensive, or illegal conduct of other third parties, members, or other users of the Web site, and that the risk of injury from the foregoing rests entirely with each member.
In no event will Company or any person or entity involved in creating, producing, or distributing this Web site be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of or inability to use this Web site or from the breach of any warranty. Member hereby acknowledges that the provisions of this section shall apply to all content on this Web site.
Member specifically acknowledges that in no event will Company, its affiliates, nor any of their respective employees nor agents be liable for any direct, indirect, incidental, special, or consequential damages arising from (i) the use by such member of any browsers owned or operated by any party and/or (ii) the downloading of any software owned or operated by any third party in connection with the service.
Member agrees that the liability of Company, its agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with this Web site or the information in this Web site, shall not exceed the amount member paid to Company for use of this Web site.
Member agrees to indemnify and hold Company, its employees, its officers, and its agents harmless from, and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney's fees) arising from member's use of this Web site or from member's violation of this Agreement or any third party's rights, including, but not limited to, copyright, property, and privacy rights. This indemnification and hold-harmless obligation will survive this Agreement and member use of this Web site.
Limitation of Liability
Company is not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the creation or display of Member sites which may limit the ability to transact or display member's site information, or by any human error which may occur.
Either Company or member may terminate this Agreement at any time. Member's only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or any policy or practice of Company in operating this Web site, (ii) content available through this Web site or any change therein, or (iii) amount or type of fees or billing methods, or any change thereof, is to terminate this Agreement by sending electronic notice. Termination will be effective upon receipt by Company. Company has no obligation to provide member with notice of termination. Fees, if any, paid for any subscription term are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by Company for any reason other than breach of this Agreement by member or termination by member in accordance with provisions (i), (ii), or (iii) above, in which member identifies the termination as resulting from changed terms, Company shall make a pro rata refund to member.
The terms of the sections of this Agreement entitled Copyright and Limitations of Use, Disclaimer of Warranties and Limitation of Liability, and Indemnification, shall remain in effect after this Agreement has been terminated by Company or by member.
Links to Third-Party Sites
This Web site contains hyperlinks ('links') to other Web sites operated by parties other than Company, and other resources and advertisers. Such links are provided for member's reference only. Company is not responsible for the availability of these external sites nor is it responsible for any of the contents, advertising, products, or other materials on such external sites. Company's inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites nor any association with their operators. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external sites. Any concerns regarding any external link should be directed to its respective site administrator or Webmaster.
Use of Message Boards, and Other Communication Forums
Member is solely responsible for any information member posts in electronic message boards or other message or communication facilities (collectively, the 'Forums') on or related to this Web site. This Web site and the Forums shall be used for lawful purposes only. No material shall be posted on, or transmitted through, the Forums which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law. No conduct shall be undertaken that, in Company's judgment, restricts or inhibits any other user from using or enjoying the Forums. The Forums shall not be used to solicit other members to become users of competitive Web site creation services. Advertising or commercial solicitation may be posted on or transmitted through the Forums subject to Company's express prior approval and solely in accordance with the terms and conditions imposed by Company.com with respect thereto. If Company is notified that a message posted on Company's Forums violates the legal rights of others or the stated guidelines for posting messages, Company reserves the right to remove the message. Member agrees not to upload, post, or otherwise make available any material protected by copyright, trademark, or other proprietary right on this Web site, without the express permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining that any material is not protected by copyright rests on member. Member shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.
Member agrees not to upload files to this Web site that contain viruses, corrupt files, or other similar software or programs that may damage the operation of another person's computers, software, Web sites, or network. Member will be solely responsible for damages arising from any claims that files posted by member caused damage to the operation of another person's computer, software, Web sites, or network.
Member agrees not to advertise or offer to sell any goods or services, or promote any surveys, contests, chain letters, for any commercial purpose on this Web site. Member acknowledges that all Forums are public (not private) communications. Company shall have the right, but not the obligation, to monitor the content of the Forums to determine compliance with this Agreement and any other operating rules established by Company. Further, member acknowledges that competitor commentary, chats, postings, conferences, and other communications by other users are not endorsed by Company, and such communications shall not be considered reviewed, screened, or approved by Company. Company reserves the right, in its sole discretion, to edit, refuse to post, or remove any material submitted to or posted on the Forums. Without limiting the foregoing, Company has the right to remove any material or contents of the Forums received from users, including, without limitation, bulletin board postings, that Company, in its sole discretion, finds to be in violation of the provisions hereof, or is otherwise objectionable, or out-of-date. Furthermore, Company reserves the right to deny, in its sole discretion, any member's access to this Web site or any portion thereof without notice.
Each member shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Web site, and members shall be responsible for all charges related thereto.
Trademark & Copyright Information
Blastmart, the Blastmart domain name(s), and the Blastmart logo are all trademarks of Company. All rights reserved. All other trademarks appearing on this Web site are the property of their respective owners, including, in some instances, Company.
Copyright and Limitations of Use
The information and services available through this Web site is the property of Company or its licensors and is protected by copyright and other applicable laws, treaties, and conventions. All rights reserved. Member agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through this Web site to anyone, including, but not limited to, others in the same company or organization, without the express prior written consent of Company.
Company reserves the right to republish the material contributed by our readers. By submitting commentary or using the services of this Web site, member expressly grants to Company the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any Web site information (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Certain names, logos, and/or phrases on these pages may constitute trademarks and/or copyrights of Company or its clients. The mark 'JobPenguin' and the contents of this Web site are the sole property of Company. Reproduction in whole or in part is strictly prohibited without explicit written permission.
This Agreement and any operating rules for this Web site established by Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Georgia. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Modification of These Terms and Conditions
Company has the right to, at any time, impose, change, or modify the terms and conditions applicable to member's use of this Web site, or any part thereof, including, but not limited to, content, hours of availability, and equipment needed to access or use the site, and/or member's use of the Forums or any part thereof, or to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Web site and/or the Forums a revised version of this Agreement, and notification by electronic or conventional mail. If any such change is unacceptable to member, member may terminate his or her membership account as provided in the section below. Any use of this Web site and/or any use of the Forums by member after such notice (other than to terminate a member's subscription pursuant to the section below) shall conclusively be deemed to constitute acceptance by member of such changes, modifications, additions, or deletions. Member agrees to review the terms and conditions periodically to be aware of such revisions. Member may also be subject to additional terms and conditions imposed by third-party content providers in connection with third-party content, software, or services.
THIS SOFTWARE IS PROVIDED BY PM TECH LLC "AS IS" AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE Ruslan R. Fazliev TEAM OR ITS
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS;
OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.