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Terms and Conditions
YOUR USE OF THIS WEB SITE AND YOUR TRANSACTIONS
CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS WEB SITE
ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO
REFERRED TO AS "TERMS OF USE". CLICKING ONTO WEBPAGES
BEYOND THE WEB SITE'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF
AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU
COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU
COMPLETE YOUR TRANSACTION ON THE WEB SITE OR THROUGH OTHER
CHANNELS, SUCH AS BY PHONE, BY E-MAIL, FACSIMILE OR OTHERWISE.
IF YOU DO NOT AGREE TO THE TERMS
OF USE, YOU MAY NOT USE THIS WEB SITE.
TERMS OF USE
WEB SITE OWNERSHIP
This Web site is owned and
operated by
Virtually Real Motocross LLC
2417 Forest Hill Ct.
Waukesha, Wisconsin 53188
which is referred to below as "PosterMeUp",
"we", "us", "our" or "Company".
PERMITTED USE
You agree that:
(a) your use of this Web site is subject to and governed by
these Terms of Use;
(b) you will only access or use this Web site and transact
business with us if you are at least 18 years old;
(c) you will comply with and be bound by these Terms of Use as
they appear on this Web site each time you access and use this
Web site;
(d) each use of this Web site by you indicates and confirms
your assent to and agreement to be bound by these Terms of
Use; and
(e) these Terms of Use are a legally binding agreement between
you and PosterMeUp that will be enforceable against you. You
agree not to use or attempt to use this Web site for any
purpose that:
(a) interferes with or induces a breach of the contractual
relationships between PosterMeUp and its employees;
(b) is any way unlawful or prohibited, or that is harmful or
destructive to anyone or their property;
(c) transmits any advertisements, solicitations, schemes,
spam, flooding, or other unsolicited e-mail, unsolicited
commercial communications;
(d) transmits any harmful or disabling computer codes or
viruses;
(e) interferes with our network services;
(f) attempts to gain unauthorized access to our network
services;
(g) impairs or limits our ability to operate this Web site or
any other person's ability to access and use this Web
site; and/or
(h) uses any methods, means or devices to click on to this Web
site or cause a visit to this Web site for purposes of
manipulating the results of any Internet search engine, or for
any other purpose other than conducting real estate related
business with PosterMeUp.
USE AND ACCESS OF THIS WEB SITE
PosterMeUp reserves the right
at all times, in its sole discretion and without notice to
you, to deny your access to and use of this Web site. You
agree that you may not use or attempt to use any part of this
Web site to represent that you have any (express or implied)
affiliation with PosterMeUp or broker relationship with
PosterMeUp without the express written permission of
PosterMeUp. You may not use this Web site to transmit
unsolicited e-mail to this site or to anyone whose e-mail
address included the domain name under on this Web site.
You agree and acknowledge that
you have the sole responsibility and liability for your use of
this Web site and for providing or obtaining, and for
maintaining, all of the hardware, software, electrical power,
telecommunications, Internet services, and other products or
services necessary or desirable for you to access and use this
Web site.
INTELLECTUAL PROPERTY RIGHTS
The PosterMeUp marks appearing
on this Web site including, but not limited to PosterMeUP, GO
BIG respective logos, emblems, slogans and designs are
trademarks and/or service marks of Virtually Real Motocross
LLC.
© 2008 Ryan
Dungey-Official Licensee, Visit
www.RyanDungey.com.
Web Page Content:
You acknowledge and agree that:
(a) all source code,
calculations, products, materials, data, information, text,
screens, functionality, services, design, layout, screen
interfaces, the "look and feel", and the operation of this Web
site (collectively "Web Page Content") are protected by
various intellectual property laws, including, but not limited
to, copyrights, patents, trade secrets, trademarks, and
service marks; and
(b) all rights associated with
the Web Page Content are owned by PosterMeUp, its licensors,
or content providers. Furthermore, you acknowledge and agree
that you do not acquire any ownership rights by downloading or
viewing any Web Page Content. You further acknowledge and
agree that you will not in any way copy, reproduce, publish,
create derivative works from, perform, upload, post,
distribute, transfer, transmit, modify, adapt, reverse
engineer, frame in any webpage, or alter the appearance of any
Web Page Content.
You may not use Web Page
Content, domain names (in whole or in part), or e-mail
addresses related to or derived from this Web site, nor any
data, trademarks, functionality, service marks, trade names,
brand names and/or logos contained within or derived from this
Web site, for any purpose; meaning that you may not, among
other prohibited uses, use any Web Page Content, domain names,
e-mail addresses, data, trademarks, service marks, trade
names, brand names and/or logos on or derived from this Web
site:
(a) in or as any meta-tag or
hidden text;
(b) in or as part of any
contextual marketing directory, index, or triggering term;
(c) as content or advertising
related to any other Web site including, but not limited to,
comparative/informational Web sites; and/or
(d) as a variable or data
element in any algorithm that causes another Internet browser
to appear on, over, or at the same time as the Company's Web
site or controls the content of any other Internet browser
window.
Submissions:
You acknowledge and agree that all submissions to PosterMeUp
containing any comments, improvements, suggestions, and ideas
regarding this Web site will become and remain our exclusive
property, including any future rights associated with such
submissions, even if the provisions of these Terms of Use are
later modified or terminated. This means that you forever
disclaim any proprietary rights in such submissions, and you
acknowledge PosterMeUp's unrestricted right to use, publish,
and commercially exploit, identical, similar, or derivative
ideas originating from your submission, in any medium, now and
in the future, without notice, compensation or other
obligation to you or any other person.
Testimonials:
You acknowledge and agree that all testimonials submitted to
PosterMeUp will become and remain our exclusive property, even
if the provisions of these Terms of Use are later modified or
terminated. This means that you irrevocably grant to
PosterMeUp the unrestricted right (now and in the future,
without notice, compensation or other obligation to you or any
other person) to use your statement, image, likeness, as they
may be used, in any medium, in connection with an
advertisement or for any other publicity purpose. You further
agree that PosterMeUp may use any percentage of your
testimonial, image, likeness and/or works, in any way that it
sees fit, and may exclude your name or use a fictions name
therewith.
LINKING AND THIRD-PARTY
ADVERTISING
Not Responsible For Links to Other Web sites:
For your convenience, this Web site may provide links to other
Web sites on the World Wide Web. Unless expressly stated
otherwise on this Web site, PosterMeUp does not endorse,
approve, sponsor or control, and we are not in any way
responsible for, any of the content, services, calculations,
information, products or materials available at or through any
Web sites to which this Web site may provide a link. By using
this Web site you acknowledge and agree that PosterMeUp will
not be responsible or liable to you or any other person for
any damages or claims that might result from your use of such
content, services, calculation, information, products or
materials.
No Advertising / No Links.
PosterMeUp does not permit third-party advertising on this Web
site. Except with the written permission of PosterMeUp, you
agree that you will not create links from any Web site or
webpage to this Web site or any webpage within this Web site.
REVISIONS
You agree and acknowledge that
we may revise or change these Terms of Use at any time,
without notice to you, and you agree that you will be bound by
the provisions of these Terms of Use as they appear on this
Web site at the time you access this Web site. Because these
Terms of Use may change, we encourage you to frequently review
them. In addition, you agree and acknowledge that all other
content, services, products and materials on or available
through this Web site are subject to updating and revision
without notice to you. PosterMeUp will honor current pricing
at the time of your order. However, PosterMeUp reserves the
exclusive right to change pricing, at anytime, without notice.
You further acknowledge and agree that the Terms of Use may
not be altered except with the express written permission of
the President of PosterMeUp.
LOCATION
You understand and acknowledge
that PosterMeUp controls and operates this Web site from
within the United States of America. This Web site provides
information regarding services and products that are made
available in the United States only. We make no representation
that the services or products about which information may be
provided on this Web site will be available (a) anywhere
outside of the United States or (b) in every state within the
United States. You acknowledge and agree that you are
responsible for compliance with all federal, state and local
laws applicable to your access to and use of this Web site.
THE INTERNET AS AN OPEN NETWORK
While certain designated parts
of this Web site employ technologies to secure your data and
the transmissions between you and PosterMeUp, the Internet is
an open system and we cannot provide absolute assurances that
transmissions cannot be intercepted/decrypted by others.
PRIVACY AND SECURITY
Mandatory and Optional Information:
We identify what information is required to fulfill your
request. If you chose not to provide mandatory information, we
will not be able to provide you the service you are
requesting.
Contests, Sweepstakes, and Surveys:
From time to time, we may offer you the option to participate
in contests, sweepstakes, or surveys. If you would like to
participate, we may ask you for contact information,
preferences or other information. This information may be used
to conduct research, improve our offerings, or contact you
regarding the Affiliate Family products or services. Our
contests or sweepstakes may have separate rules and we will
identify how the information that you supply will be used in
each case.
Service Providers:
In some cases, we will employ or use service providers such as
title companies, appraisers, consultants, temporary workers,
third party software developers, to complete a business
process or provide a service on our behalf. For example, we
may use service providers to enhance our Web site technology,
deliver products, or to send e-mails. When we employ service
providers, we may need to share your personally identifiable
information. Service providers are strictly prohibited from
using your personally identifiable information for purposes
other than to act on our behalf.
Service Alerts and Critical Notices:
Although we respect and honor the privacy preferences you have
expressed, we may need to contact you to inform you of
specific changes that may impact your ability to use this
service or for other critical non-marketing purposes, such as
bug alerts. We may also contact you to respond to your
specific requests, to clarify the order information you
provided to us, or to notify you of upcoming subscription
expiration dates.
Change of Control:
Your personally identifiable information may be transferred in
connection with a sale, merger, transfer, exchange or other
disposition (whether of assets, stock or otherwise) of all or
a portion of PosterMeUp. You will have the opportunity to opt
out of further secondary use of your information following any
change of control.
Changes to Our Privacy Policy:
If we plan to make significant changes to any of our privacy
policies or practices with respect to how we use personally
identifiable information, we'll post those changes to the
PosterMeUp web site 30 days before they take effect.
Legal Disclosures:
In some cases we may disclose certain information to comply
with a legal process, such as a court order, subpoena, search
warrant, or law enforcement request.
Cookies:
A "cookie" is a small piece of information that our web site
may provide to your browser while you are at our sites. The
PosterMeUp Web site supplies your browser with cookies that
contain a unique identifier used to better understand web site
usage in the aggregate and on an individual level so we know
what areas of our site users prefer (e.g., based on the number
of visits to those areas). This is done through a tracking
utility that allows us, for example, to reconstruct activity
from a session or by a user, for troubleshooting and issue
resolution purposes. PosterMeUp may also employ service
providers to help us collect and understand our web site usage
data.
Additionally, PosterMeUp
service providers that serve ads on affiliate and/or
advertiser web sites may assign different cookies and small
graphical images called single-pixel GIFs or web beacons, to
your browser to track the effectiveness of PosterMeUp
advertising on other web sites and your involvement with
PosterMeUp. For example, as part of the PosterMeUp affiliate
programs, our service providers use cookies and web beacons to
determine when affiliate program members have referred a
customer to PosterMeUp via a link on their web site. The
PosterMeUp Web site also sets a temporary cookie that contains
a unique, anonymous identifier that is provided to the service
provider to ensure that each referral is only counted once.
This cookie is not linked to a customer's personal information.
The cookies and web beacons are necessary to ensure that
affiliate program members are appropriately credited for their
referrals. Service providers report data in the aggregate and
do not link it to individual customer information. PosterMeUp
may also employ service providers who may assign cookies or
web beacons to your browser to assist us in collecting web
site usage data such as your IP address, session ID, URL and
demographic information such as your zip code. The collection
of data may include personally identifiable information. We do
not track URLs that you type into your browser, nor do we
track you across the Internet once you leave our site.
If you simply want to browse,
you do not have to accept cookies from our site. Should you
decide, however, that you would like to register and sign in
to special areas of the web site and you have modified your
browser settings not to accept cookies, you will need to
re-set your browser to accept the cookies that we send.
Otherwise, you won't be able to participate in certain areas
of the web site. Most browsers are defaulted to accept and
maintain cookies.
Web Site Usage Data:
Our web site tracks usage data, including, for example, your
IP address, your browser type and version, which pages you
view, which page, if any, linked you to our site, and which
link, if any, you follow off of our site. We use this data in
the aggregate and on an individual level to better understand
web site activity to improve our site offerings, to
reconstruct activity from a session or by a user, for
troubleshooting and issue resolution purposes. We may also use
this data to provide you a more personalized web site
experience, assistance with technical support questions, and
to send you special offers, product and service updates, or
other promotional materials that are relevant and tailored to
your interests. If you do not want to receive these offers or
promotions, simply indicate your contact preferences during
the registration process, within any future communications or
by sending an e-mail to
contact@PosterMeUp.com.
COPPA.
Our web site is not designed to appeal to children under the
age of 13. Therefore, we don't knowingly attempt to solicit or
receive any information from children.
INDEMNIFICATION
If you make any unauthorized
use of this Web site or violate the Terms of Use: (a) you may
be in violation of laws of the United States, as well as
applicable state laws, and may be subject to penalties, and
(b) you may be responsible for damages caused to PosterMeUp.
You agree to indemnify PosterMeUp and its affiliates, vendors
and licensors, and all of the employees, officers, directors,
agents and representatives thereof and to hold all of them
harmless from, all costs, claims, damages, expenses or other
losses, including attorney's fees and court costs, that arise
from or are related to your use of this Web site and/or your
breach/violation of or failure to comply with the Terms of
Use.
DISCLAIMERS
UNLESS OTHERWISE STATED IN
WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION,
PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE
ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, POSTERMEUP DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES,
CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR
AVAILABLE THROUGH THIS WEB SITE COULD INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF
DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF
PREPARATION OR PUBLICATION. POSTERMEUP HAS NO OBLIGATION TO
MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES,
CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR
AVAILABLE THROUGH THIS WEB SITE.
YOU ACKNOWLEDGE AND AGREE THAT
POSTERMEUP IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE
RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEB SITE OR ITS
OPERATION. AS TO THE OPERATION OF THIS WEB SITE, POSTERMEUP
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. POSTERMEUP MAKES NO REPRESENTATION OR WARRANTY THAT
(A) THE OPERATION OF THIS WEB SITE WILL MEET YOUR OR ANY OTHER
USER'S REQUIREMENTS; (B) ACCESS TO THE WEB SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR
OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEB SITE
WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT POSTERMEUP,
WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION
OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE
PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS
OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR
VISITING THIS WEB SITE.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO
CIRCUMSTANCES WILL POSTERMEUP BE LIABLE TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY
DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY,
OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY
IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR
COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE CONTENT,
SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON
OR AVAILABLE THROUGH THIS WEB SITE, WHETHER IN AN ACTION
ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF
ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF ANY CONTENT, SERVICES, CALCULATIONS,
INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH
THIS WEB SITE. YOU AGREE THAT POSTERMEUP SHALL NOT BE LIABLE
EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL
POSTERMEUP'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING
THIS WEB SITE.
COMMUNICATIONS WITH COMPANY
Time Sensitive Instructions:
When communicating with us through this Web site, PC-talk,
chat or via e-mail, do not use the Web site, PC-talk, chat or
e-mail to communicate any time-sensitive instructions. Such
instructions may not be received or otherwise honored. All
transactions conducted on this Web site, PC-talk, chat or via
e-mail, must be confirmed in writing by us to be accepted by
and binding upon us.
E-Signature:
General communications through this Web site, PC-talk, chat or
via e-mail are not intended by us to constitute either an
electronic record or an electronic signature, or to constitute
any agreement by the sender to conduct a transaction by
electronic means, unless a specific statement to the contrary
is included in the message and specific e-signature procedures
are employed. However, your assent to a "click to accept"
button or box is binding upon you.
Recording & Monitoring of Communications:
Your communications with us via the Web site, PC-talk, chat
e-mail, and telephone may be recorded or monitored and by
using such communications methods you are consenting to the
recording or monitoring of the same.
Prohibited E-mail Content:
All of our Team Members are prohibited from using e-mail to
make or send any type of menacing, defamatory, discriminatory,
harassing, offensive or threatening statements/materials, or
statement/materials that infringe the copyrights or legal
rights of others in e-mail. Such communications are against
Company policy and outside the scope of our Team Member's
employment. The Company does not accept any liability in
respect of such communication, and the Team Member responsible
will be personally liable for any damages or other liability
arising. Please report any such violations to PosterMeUp at
contact@PosterMeUp.com. The use of the Company's e-mail
facilities for purposes of sending menacing, harassing,
offensive or threatening messages to our Team Members is
strictly prohibited and is unlawful; violators will be
prosecuted to the fullest extent of the law. Use of the
Company's e-mail facilities for purposes of to soliciting our
Team Members to breach their employment agreements or to
interfere with their employment status with our Company is
strictly prohibited.
Negligent Misstatement:
The Company disclaims any and all responsibility, including
responsibility based on negligence or negligent misstatement,
for the accuracy, completeness, or reliability of data or
information contained in or furnished through e-mail and the
Company makes no warranties, express or implied, with respect
to such data or information.
Opt-Out:
This e-mail may constitute an advertisement or solicitation
under U.S. law, if its primary purpose is to advertise or
promote a commercial product or service. If you do not wish to
receive advertising and promotional messages from PosterMeUp,
you may opt-out by sending an e-mail to
contact@PosterMeUp.com or visiting
our Web site at http://www.PosterMeUp.com.
Viruses:
Computer viruses can be transmitted via e-mail through e-mail
content, attachments to e-mails and embedded links. Although
our e-mails are believed to be free of any virus or other
defects that might affect computer systems in which they are
received and opened, it is the recipient's responsibility to
ensure that any e-mail they open is virus free. The Company is
not responsible for any loss or damage arising in any way from
the receipt, use, storage or transmission of our e-mails. If
our Company forwards an e-mail or replies to a prior e-mail,
the contents may have been produced by someone other than our
Company or our Team Members for which the Company assumes no
liability whatsoever. THE COMPANY DISCLAIMS ANY
REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS ARE VIRUS FREE
AND/OR ERROR FREE. The use of e-mail to introduce any
virus, malicious or disabling code, or to otherwise interfere
with the Company's e-mail transmissions, telecommunication, or
computer networks is prohibited and against the law; violators
will be prosecuted to the fullest extent of the law.
Unsecured Transmissions:
You should be aware that regular e-mail is typically sent via
the Internet which is an open network. While certain
designated areas within our websites employ technologies to
secure your data and the transmissions between you and our
Company, general e-mail uses the Internet which is an open
system and we cannot provide absolute assurances that all
e-mail transmissions (sent or received) are secure, error
free, not corrupted, incomplete or virus free and/or that they
won't be lost, misdelivered, destroyed, delayed, or
intercepted/decrypted by others. Therefore the Company advises
against sending personally identifiable information, over
e-mail, and disclaims all liability with regard to e-mails
(and the contents therein) if they are corrupted, lost,
destroyed, delayed, incomplete, misdelivered, intercepted,
decrypted or otherwise misappropriated by others.
Confidential Information:
E-mails sent by our Team Members are confidential (and all
attachments to such e-mails are confidential) and are to be
reviewed and/or disclosed to only the individual or entity to
whom they are addressed and intended. If you received an
e-mail in error or if it was improperly forwarded to you, the
information contained in the e-mail should, at all times,
remain confidential and such circumstances shall not authorize
you to use or disclose the confidential information. Please
notify the sender immediately by telephone or e-mail, and
delete or destroy the original and any copies. Any
unauthorized use, disclosure, reproduction, or distribution is
strictly prohibited. E-mails marked as "Confidential" contain
confidential and/or proprietary information that is disclosed
under the condition that you treat and maintain such
information strictly in a confidential manner and in
compliance with applicable privacy laws (including but not
limited to the Gramm-Leach-Bliley Act) and that you ensure
such information is not disclosed or used by others, except
for the limited and confidential purpose for which it is being
provided. By accepting and reviewing Confidential information
provided by the Company, you agree to indemnify and hold the
Company harmless against any and all claims, losses,
liabilities, or expenses, including attorney's fees that the
Company may incur as a result of the unauthorized use or
disclosure of confidential information due to your acts or
omissions.
Privileged Information:
E-mails exchanged with or involving our Legal Team may contain
privileged information subject to the attorney client
privilege and/or the attorney work product privilege. Such
privileged information shall not be waived if you receive an
e-mail in error or if it was improperly forwarded to you. If
you are not the intended recipient of privileged information,
please notify the sender immediately by telephone or e-mail
and delete or destroy the original and any copies. Any
unauthorized use, disclosure, reproduction, or distribution of
confidential or privileged information is strictly prohibited.
ADDITIONAL TERMS
You acknowledge that certain
features of this Web site, as well other products and services
of PosterMeUp, including those that may be available through
this Web site, may be subject to terms, conditions and
disclaimers in addition to these Terms of Use, and you agree
that your use of such products and services will be subject to
such additional terms, conditions and disclaimers.
Permission to Be Contacted:
By submitting information to PosterMeUp through the Web site
or otherwise, you are making an inquiry as to PosterMeUp's
programs and services and give PosterMeUp and its affiliates
permission to contact you through e-mail, fax, or telephone,
or any means, even if your phone number is on a "Do Not Call"
list.
Permission to Share Your Information:
When you "submit" information through the PosterMeUp Web site
or otherwise, PosterMeUp may send your information to its
affiliates. If you do not want your information shared with
PosterMeUp affiliates, you should send an opt-out e-mail to
customerservice@PosterMeUp.com or
visit our Web site at
http://www.PosterMeUp.com/contact-preferences/.
Agreement to Provide Accurate Information:
In making an inquiry, placing an order or in entering into any
other transaction or request for information on this Web site,
you agree to provide accurate, true, current, and complete
information upon which PosterMeUp may rely.
Your Cooperation Needed:
PosterMeUp generally begins processing your order shortly
after submission. If you submit an order, you agree to
cooperate as needed and notify PosterMeUp of any changes in
any information submitted in connection with your order.
Reasonable Efforts:PosterMeUp
will make commercially reasonable efforts to avoid delays and
ship your order promptly, however, PosterMeUp is not
responsible for delays outside of its control (e.g. credit
card delays, shipping delays, acts of God, labor disputes,
acts of government, natural disasters, or other matters beyond
PosterMeUp's reasonable control.)
GOVERNING LAW
You agree that these Terms of
Use shall be governed by and construed in accordance with the
laws of the State of Wisconsin, without giving effect to any
principles of conflicts of law. You agree that any action at
law or in equity arising out of or relating to these Terms of
Use or the use of this Web site shall be filed only in the
state or federal courts located in Waukesha County, Wisconsin,
and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action.
SEVERABILITY
You agree that if any provision
of these Terms of Use shall be found to be unlawful or void,
or for any reason unenforceable, then that provision shall be
deemed severable from the other provisions of these Terms of
Use and shall not affect the validity and enforceability of
such other provisions.
Copyright 2008 Virtually Real
Motocross LLC. All rights reserved.
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