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PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS WEBSITE.
1. ACCEPTANCE OF TERMSThe services that TEJATE LLC provides to User is subject to the following Terms of Use ("TOU"). TEJATE LLC reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. A. This Agreement, which incorporates by reference other provisions applicable to use of FRUGALDEGREE.COM, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in FRUGALDEGREE.COM, sets forth the terms and conditions that apply to use of FRUGALDEGREE.COM by User. By using TEJATE LLC (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use FRUGALDEGREE.COM 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. B. TEJATE LLC shall have the right at any time to change or discontinue any aspect or feature of FRUGALDEGREE.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use. C. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the release of new TEJATE LLC resources and services.
2. CHANGED TERMSTEJATE LLC shall have the right at any time to change or modify the terms and conditions applicable to User's use of FRUGALDEGREE.COM, 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 FRUGALDEGREE.COM, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of FRUGALDEGREE.COM by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. SUBSCRIBERS AND REGISTERED USERSA. If any of the Services requires User to open an account, User must complete the registration process by providing TEJATE LLC with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify TEJATE LLC immediately of any unauthorized use of User’s account or any other breach of security. TEJATE LLC will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by TEJATE LLC or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder. B. FRUGALDEGREE.COM is visited by both public non-registered users and subscribers or registered users of the service. C. There are 3 types of Registered users on FRUGALDEGREE.COM, namely STUDENTS, TUTORS and OTHERS.
4. DESCRIPTION OF SERVICESThrough its Web property, TEJATE LLC provides User with access to a variety of resources, including download areas, communication forums and product information relating to obtaining an Affordable US College Degree (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU. A. TUTORS are permitted to post College Courses/eBooks for sale, and to have users purchase or otherwise signup for their live classes, via FRUGALDEGREE.COM. TUTORS are hereby prohibited from soliciting their services to the registered STUDENTS or USERS by any means other than via FRUGALDEGREE.COM, for a period of 3 years from the time of their discontinuation of their FRUGALDEGREE.COM service. B. Your access to the various services available on this system depends on the level of access you select. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system. C. We will charge you a standard monthly fee for using our system as well as additional fees depending on the type of service you have selected. You should review the complete and current price list before signing up for any services. You will be given the opportunity to pay by credit card or by paypal when you sign up. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month for which you discontinued service. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month's advance notice of such change. D. You agree to be bound by certain rules that are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your service. First, do not tell others your password or let your account be used by anyone except yourself. Second, do not attempt to log in more than once at the same time on any given account without specific permission of one of our operators. Third, while you should feel free to express yourself, you should respect other users of the system and not do anything to attack or injure others. Fourth, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers. E. Your communications on this system are, in most cases, viewed only by you and anyone to whom you address your message. However, as system operators, we may need to review or monitor your electronic mail and other communications from time to time. In addition, we reserve the right to copy and distribute to third parties any information associated with your activities on the system. Therefore, you should not expect to have a right to privacy in any of your communications. F. By posting messages, uploading files, inputting data, or engaging in any form of communication on our system, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership. G. Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that we or our suppliers own.
5. EQUIPMENTUser shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of FRUGALDEGREE.COM and all charges related thereto.
6. USER CONDUCTA. User shall use FRUGALDEGREE.COM for lawful purposes only. User shall not post or transmit through FRUGALDEGREE.COM 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 TEJATE LLC 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in TEJATE LLC's discretion restricts or inhibits any other User from using or enjoying FRUGALDEGREE.COM will not be permitted. User shall not use FRUGALDEGREE.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with TEJATE LLC. B. FRUGALDEGREE.COM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of FRUGALDEGREE.COM are copyrighted as a collective work under the UNITED STATES copyright laws. TEJATE LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. 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 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 permission of TEJATE LLC 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. C. User shall not upload, post or otherwise make available on FRUGALDEGREE.COM 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 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 FRUGALDEGREE.COM, User automatically grants, or warrants that the owner of such material has expressly granted TEJATE LLC 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. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants TEJATE LLC the right to edit, copy, publish and distribute any material made available on FRUGALDEGREE.COM by User. D. The foregoing provisions of Section 5 are for the benefit of TEJATE LLC, 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. E. User also agrees to take the following precautions while using this service: (i) Not arrange to meet anyone you do not know; (ii) Not to give personal information such as full name, address, telephone number, place of work or any other contact information to anyone you do not know. If you act against this advice and meet strangers and / or provide contact information to strangers you accept responsibility for any consequences thereafter.
7. USE OF SERVICESThe Services may contain email 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 User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees 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, User agrees that when using the Communication Services, User will not:
TEJATE LLC has no obligation to monitor the Communication Services. However, TEJATE LLC reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. TEJATE LLC reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. TEJATE LLC reserves the right at all times to disclose any information as it 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 TEJATE LLC's sole discretion.
8. FEEDBACKAll comments, feedback, information or materials submitted to TEJATE LLC through or in association with this website shall be considered non-confidential and TEJATE LLC's property. By submitting such comments, information, feedback, or materials to TEJATE LLC, you agree to a no-charge assignment to TEJATE LLC of worldwide rights to use, copy, modify, display and distribute the submissions. TEJATE LLC may use such comments, information or materials in any way it chooses in an unrestricted basis.
9. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITEAny software that is made available to download from the Services ("Software") is the copyrighted work of TEJATE LLC and/or its suppliers. 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"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement 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 SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, TEJATE LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, TEJATE LLC MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. TEJATE LLC DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
10. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITEPermission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. TEJATE LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TEJATE LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL TEJATE LLC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TEJATE LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
11. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITEIN NO EVENT SHALL TEJATE LLC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. Under no circumstances will TEJATE LLC be liable for any loss or damage caused by a User's reliance on information obtained through FRUGALDEGREE.COM. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through TEJATE LLC. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. SPECIAL NOTE TO TUTORSTUTOR AGREES THAT ALL CLASSES HE/ SHE POSTS ON FRUGALDEGREE.COM WILL BE AFFORDABLE, SUCH THAT ANY 3-CREDIT COURSE CONDUCTED BY TUTOR VIA CLASSROOM, ONLINE OR DISTANCE MEANS WILL NOT EXCEED $100/-. ALL TUTOR CLASSES ARE PERMITTED TO HAVE MULTIPLE STUDENTS IN THE CLASS OR PROJECT.
12. SALE OF PRODUCTS/GOODSA. Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password. B. If a product purchased is defective or not to Buyer’s satisfaction, Buyer can return the product in its original condition within 7 days of receipt. C. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited D. Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date. E. Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability. F. Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site. G. Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.
13. RETURN AND REFUNDSTEJATE LLC intends to keep the Buyers satisfied by providing quality products and service. Unfortunately, digital products are not eligible for a refund after they have been accessed. This includes, but is not limited to purchases for eBooks, virtual training course, and training materials. However, to ensure Buyer satisfaction, TEJATE LLC reserves the right to allow for the return or replacement of any product within 7 days from the date of purchase under the following conditions: · If the Buyer provides a valid reason for requesting a return within 7 days of purchase · If the Buyer provides a valid report that the charge was fraudulent or unauthorized · In order to comply with credit card industry rules, ACH industry rules, PayPal terms of service, U.S. law, and requests from verified US judiciary or law enforcement agents; or · For any other reason TEJATE LLC deems appropriate. Due to the digital format of the products, the Buyer retains the product and, in many cases, the Buyer has received a benefit from the product. In such cases, the refund issued to the customer may be for an amount less than the full purchase price. Buyers requesting serial or repeated returns may be blocked from making further purchases. Buyers that violate the terms of use of the product may have their right of return revoked.
14. CHAT ROOM SERVICESBy entering and participating in the FRUGALDEGREE.COM chat room services (“Chat Room”) you agree to the following terms and conditions of participation. These terms and conditions are contractually binding upon you and you agree to each of them. A. You enter and participate in the Chat Room and gain access to the materials contained thereon at your own risk. B. We do not monitor or screen communications on the Chat Room and we are not responsible for any material that any Chat Room participant posts and we do not assume the responsibility to do so. C. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through the Chat Room. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in the Chat Room. D. We do not endorse or lend any credence for any statements that are made by any participant in the Chat Room. E. You are fully responsible for your own statements and materials that you post in the Chat Room and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements. F. Any opinions or views expressed by Chat Room participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions. G. In the event that we are notified by any party that any communications contained in the Chat Room or any parties participation in the Chat Room is contrary to these terms of Chat Room access, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from the Chat Room. We have no liability or responsibility to investigate or remove any content from the Chat Room based upon a complaint or otherwise. H. As a participant in the Chat Room, you agree that we may remove any materials from the Chat Room for any reason, in our sole discretion, or for no reason at all. This includes material that is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from the Chat Room or from the discontinuance of the Chat Room at any time. I. We have the right to remove, expel, or disqualify any party from participation and access to the Chat Room for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all. J. We reserve the right to terminate the Chat Room at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental and special damages of every nature and type. K. You agree that you will not (i) use the Chat Room for any illegal purpose, (ii) place any material in the Chat Room that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party, (iii) place any material in the Chat Room that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person, (iv) place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in the Chat Room, (v) place any advertising, attempted business solicitation, marketing materials or sales promotional materials in the Chat Room, (vi) pretend to be another person that you are not, (vii) place materials in the Chat Room that are disruptive or off-topic. L. By accessing the Chat Room and placing any information in the Chat Room, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. M. You grant to others who access the Chat Room a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party accessing the Chat Room.
15. MATERIALS PROVIDED TO TEJATE LLC OR POSTED AT ANY OF ITS WEBSITESTEJATE LLC does not claim ownership of the materials User provide to TEJATE LLC (including feedback and suggestions) or post, upload, input or submit to any Services 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") User’s Submission User is granting TEJATE LLC, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all TEJATE LLC Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of User’s Submission, as provided herein. TEJATE LLC is under no obligation to post or use any Submission User may provide and TEJATE LLC may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User 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 ("Images"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images 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 Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), 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 User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.
16. VIRUS NOTICEA “virus” is a computer program or a code or portion of a computer program, which is intentionally created and programmed to cause damage to, corrupt, hinder, crash, tie up, or otherwise create negative effects on the user’s computer system. As you know, viruses do occur and are somewhat prevalent. As such, you, the user must take affirmative steps to assure that you and your computer system are appropriately protected against viruses. This website serves as a conduit for information. Certain documents and programs may be downloaded through this site. THE OWNERS AND OPERATORS OF THIS SITE ARE NOT RESPONSIBLE FOR ANY COMPUTER VIRUSES WHICH MAY BE PRESENT IN ANY OF THE ITEMS THAT YOU OBTAIN FROM OR THROUGH THIS SITE. USERS ARE COMPLETELY RESPONSIBLE FOR PERFORMING ANTI-VIRUS SCREENING AND VERIFICATION OF ALL FILES OBTAINED ON OR THROUGH THIS SITE. CURRENTLY UPDATED ANTI-VIRUS SCREENING SOFTWARE IS HIGHLY RECOMMENDED. The owners of this site will not intentionally or willfully transmit files that they know to contain viruses. However, portions of this site serve as a bulletin board repository of files that are uploaded by users. WE DO NOT TAKE STEPS TO CHECK ANY SUCH FILES FOR VIRUSES. YOU ASSUME COMPLETE RESPONSIBILITY TO DO SO. As a user of this site, you agree to immediately notify us of any files that you download that you believe contain viruses. As a condition to any license contained for items obtained by or through this site, you will agree to perform virus screening on all such files prior to using the same. THERE ARE NO WARRANTIES OF ANY KIND MADE WITH RESPECT TO FILES DOWNLOADED FROM OR THROUGH THIS SITE. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. Furthermore, the owners and operators of this site shall not be responsible for any incidental, consequential or special damages, whether foreseen or foreseeable, or whether they have been informed of the possibility thereof and take no actions to prevent the same.
17. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITYA. USER EXPRESSLY AGREES THAT USE OF FRUGALDEGREE.COM IS AT USER'S SOLE RISK. NEITHER TEJATE LLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT FRUGALDEGREE.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF FRUGALDEGREE.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH FRUGALDEGREE.COM. B. FRUGALDEGREE.COM IS 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. C. 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, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT TEJATE LLC 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. D. IN NO EVENT WILL TEJATE LLC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING FRUGALDEGREE.COM OR THE TEJATE LLC 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 FRUGALDEGREE.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE. E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, TEJATE LLC, 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 FRUGALDEGREE.COM, 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. F. NEITHER, TEJATE LLC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THE SERVICE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE. G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT. H. TEJATE’S LIABILITY UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, DESCRIBED HEREIN ABOVE, IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAID TO TEJATE FOR ACCESSING AND USING OF THE WEBSITE IN THE 1 MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR $100.
18. UNSOLICITED IDEA SUBMISSION POLICYTEJATE LLC OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN TEJATE LLC'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO TEJATE LLC. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO TEJATE LLC OR ANYONE AT TEJATE LLC. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT TEJATE LLC MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
19. MONITORINGTEJATE LLC shall have the right, but not the obligation, to monitor the content of FRUGALDEGREE.COM, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by TEJATE LLC and to satisfy any law, regulation or authorized government request. TEJATE LLC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on FRUGALDEGREE.COM. Without limiting the foregoing, TEJATE LLC shall have the right to remove any material that TEJATE LLC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
20. INDEMNIFICATIONUser agrees to defend, indemnify and hold harmless TEJATE LLC, 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 TEJATE LLC by User or User's Account.
21. TERMINATIONEither TEJATE LLC or User may terminate this Agreement at any time. Without limiting the foregoing, TEJATE LLC shall have the right to immediately terminate User's Account in the event of any conduct by User which TEJATE LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
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