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September 8, 2010
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Terms Of Use

Web Site Terms and Conditions

PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU ARE NOT AGREEABLE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEB SITE

  1. DEFINITIONS: "User" means any person who establishes or accesses connection to andre denis noel inc for access to and use of any web site belonging to andre denis noel inc or any person joining any subscription service provided by andre denis noel inc
  2. DESCRIPTION OF SERVICES: andre denis noel inc. provides the User with a capability to use educational software on andre denis noel inc‘s own system. In consideration for this Service, User agrees to comply with the terms and conditions as laid down under this Service Agreement. If any information provided by User is incomplete or inaccurate or violates any provisions of the Service Agreement implicitly or explicitly, andre denis noel inc. retains the right to terminate User's rights to use the Service.
  3. GENERAL
    1. This Agreement, which incorporates by reference other provisions applicable to use of web sites owned by andre denis noel inc., sets forth the terms and conditions that apply to use of such sites by User. By using sites owned by andre denis noel inc., User agrees to comply with all of the terms and conditions hereof. The right to use web sites belonging to andre denis noel inc. is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.)
    2. andre denis noel inc. shall have the right at any time to change or discontinue any aspect or feature of any or all of its web sites, including, but not limited to, content, hours of availability, and equipment needed for access or use
  4. CHANGED TERMS: andre denis noel inc. shall have the right at any time to change or modify the terms and conditions applicable to User's use of web sites belonging to andre denis noel inc., or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. 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 sites belonging to andre denis noel inc., or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of sites owned by andre denis noel inc. by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
  5. USER CONDUCT
    1. User shall use sites owned by andre denis noel inc. for lawful purposes only. User shall not post or transmit through web sites owned by andre denis noel inc. any material 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 or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without andre denis noel inc.'s expressed prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in andre denis noel inc.'s discretion restricts or inhibits any other User from using or enjoying web sites owned by andre denis noel inc. will not be permitted. User shall not use sites owned by andre denis noel inc. to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Users of other online information services competitive with any site owned by andre denis noel inc.
    2. Sites owned by andre denis noel inc contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. andre denis noel inc and it's its licensors have copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Sites owned by andre denis noel inc contain some content obtained from various companies by andre denis noel inc User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download designated copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of andre denis noel inc and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material. User agrees not to download any content from sites owned by andre denis noel inc that andre denis noel inc has not designated to be available for download.
    3. User shall not upload, post or otherwise make available on sites owned by andre denis noel inc any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of sites owned by andre denis noel inc., User automatically grants, or warrants that the owner of such material has expressly granted andre denis noel inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Users also permits any other User to access, view, and store or reproduce the material for that User's personal use. User hereby grants andre denis noel inc. the rights to edit, copy, publish and distribute any material made available on sites owned by andre denis noel inc. by User.
    4. The foregoing provisions of Section 5 are for the benefit of andre denis noel inc., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
    1. USER EXPRESSLY AGREES THAT USE OF SITES OWNED BY ANDRE DENIS NOEL INC. IS AT USER'S SOLE RISK. NEITHER ANDRE DENIS NOEL INC., IT’S AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SITES OWNED BY ANDRE DENIS NOEL INC. WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SITES OWNED BY ANDRE DENIS NOEL INC., OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WEB SITES OWNED BY ANDRE DENIS NOEL INC.
    2. ANDRE DENIS NOEL INC. SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS 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.
    3. THIS DISCLAIMER OF LIABILITY APPLIES 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 OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. ANDRE DENIS NOEL INC. DOES NOT WARRANT THAT DEFECTS WOULD BE CORRECTED OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ANDRE DENIS NOEL INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. USER SPECIFICALLY ACKNOWLEDGES THAT ANDRE DENIS NOEL INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
    4. IN NO EVENT WILL ANDRE DENIS NOEL INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SITES OWNED BY ANDRE DENIS NOEL INC. OR THE ANDRE DENIS NOEL INC. SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEB SITES AND SERVICES OWNED BY ANDRE DENIS NOEL INC. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON WEB SITES OWNED BY ANDRE DENIS NOEL INC.
    5. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ANDRE DENIS NOEL INC., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN WEB SITES OWNED BY ANDRE DENIS NOEL INC. , OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER ANDRE DENIS NOEL INC. NOR IT’S AFFILIATES, INFORMATION PROVIDERS OR CONTENT PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEB SITES OWNED BY andre denis noel inc
  7. MONITORING: andre denis noel inc. shall have the right, but not the obligation, to monitor the content on web sites owned by andre denis noel inc., to determine compliance with this Agreement and any operating rules established by andre denis noel inc. and to satisfy any law, regulation or authorized government request. andre denis noel inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on web sites owned by andre denis noel inc Without limiting the foregoing, andre denis noel inc. shall have the right to remove any material that andre denis noel inc., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
  8. INDEMNIFICATION: User agrees to defend, indemnify and hold harmless andre denis noel inc., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of web sites owned by andre denis noel inc. by User or User's Account.
  9. LIMITATION OF LIABILITY: Under no circumstances, including, but not limited to, negligence, shall andre denis noel inc. be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in sites owned by andre denis noel inc., even if andre denis noel inc. or a andre denis noel inc. authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall andre denis noel inc.'s total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site
  10. TERMINATION: This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all andre denis noel inc. site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from andre denis noel inc. if in andre denis noel inc.'s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from web sites owned by andre denis noel inc. and any and all other andre denis noel inc. site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
  11. CONCLUSION: If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever able from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and can be modified at any time by andre denis noel inc.
  12. CONTACTING THE WEB SITE: If you have any questions about this statement, the practices of our company, or your dealings with our company, you can contact support@mortgage-toolkit.com.

ADDITIONAL SEPARATE AND INCLUSIVE AGREEMENTS

  • “Terms of Sale” for mortgage-toolkit.com
  • "Privacy Statement" for mortgage-toolkit.com
  • “EULA – Mortgage Wizard and Dashboards” for mortgage-toolkit.com
 
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