CONTRACTS123 

Legal

To contact us about our Terms of Service or Privacy Policy, please contact us:

  

            By mail:
                             Contracts 123                                       By phone:   814.342.7000   
                             c/o Iron Furnace Management             By e-mail:    info@contracts123.com
                             203 N Front St., Suite 216
                             Philipsburg, PA  16866


TERMS of USE


1. ACCEPTANCE OF TERMS

CONTRACTS 123 ("CONTRACTS 123") welcomes you. CONTRACTS 123 provides the CONTRACTS 123 Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at http://contracts123.com/legal.html. By accessing and using the CONTRACTS 123 Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular CONTRACTS 123 owned or operated services, you and CONTRACTS 123 shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. CONTRACTS 123 may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.


2. DESCRIPTION OF CONTRACTS 123 SERVICES

CONTRACTS 123 provides users with access to a rich collection of resources, including without limitation various communications tools, forums, contract services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "CONTRACTS 123 Services"). You also understand and agree that the CONTRACTS 123 Services may include advertisements and that these advertisements are necessary for CONTRACTS 123 to provide the CONTRACTS 123 Services. You also understand and agree that the CONTRACTS 123 Services may include certain communications from CONTRACTS 123, such as service announcements, administrative messages and the CONTRACTS 123 Newsletter, and that these communications are considered part of CONTRACTS 123 membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current CONTRACTS 123 Services, including the release of new CONTRACTS 123 properties, shall be subject to the TOS. You understand and agree that the CONTRACTS 123 Services is provided "AS-IS" and that CONTRACTS 123 assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the CONTRACTS 123 Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide, and are responsible for, all equipment necessary to access the CONTRACTS 123 Services.


You understand that the technical processing and transmission of the CONTRACTS 123 Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Please be aware that CONTRACTS 123 has created certain areas on the CONTRACTS 123 Services that contain confidential content. You must be at least 18 years of age to access and view such areas.


3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the CONTRACTS 123 Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the CONTRACTS 123 Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the CONTRACTS 123 Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CONTRACTS 123 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CONTRACTS 123 has the right to suspend or terminate your account and refuse any and all current or future use of the CONTRACTS 123 Services (or any portion thereof). CONTRACTS 123 is concerned about the safety and privacy of all its users, particularly children. For this reason, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the CONTRACTS 123 Account. By permitting a child to access your CONTRACTS 123 Account, you also give your child permission to access many areas of the CONTRACTS 123 Services, including, email, message boards and instant messaging (among others). Please remember that the CONTRACTS 123 Services is designed to appeal to a limited audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the CONTRACTS 123 Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.


4. CONTRACTS 123 PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full CONTRACTS 123 Privacy Policy at http://contracts123.com/privacy.html, You understand that through your use of the CONTRACTS 123 Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by CONTRACTS 123 and its affiliates.


5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the CONTRACTS 123 Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CONTRACTS 123 of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CONTRACTS 123 cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.


6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not CONTRACTS 123, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the CONTRACTS 123 Services. CONTRACTS 123 does not control the Content posted via the CONTRACTS 123 Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the CONTRACTS 123 Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CONTRACTS 123 be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the CONTRACTS 123 Services.


You agree to not use the CONTRACTS 123 Services to:

  a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

  b. harm minors in any way;

  c. impersonate any person or entity, including, but not limited to, a CONTRACTS 123 official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the CONTRACTS 123 Service;

  e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

  g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.

  h. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the CONTRACTS 123 Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

  j. interfere with or disrupt the CONTRACTS 123 Services or servers or networks connected to the CONTRACTS 123 Services, or disobey any requirements, procedures, policies or regulations of networks connected to the CONTRACTS 123 Services, including using any device, software or routine to bypass our robot exclusion headers;

  k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

  l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

  m. "stalk" or otherwise harass another; and/or

  n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.


You acknowledge that CONTRACTS 123 may or may not pre-screen Content, but that CONTRACTS 123 and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the CONTRACTS 123 Services. Without limiting the foregoing, CONTRACTS 123 and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CONTRACTS 123 or submitted to CONTRACTS 123, including without limitation information in CONTRACTS 123 Message Boards and in all other parts of the CONTRACTS 123 Services.


You acknowledge, consent and agree that CONTRACTS 123 may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of CONTRACTS 123, its users and the public.


You understand that the CONTRACTS 123 Services and software embodied within the CONTRACTS 123 Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CONTRACTS 123 and/or content providers who provide content to the CONTRACTS 123 Services. You may not attempt to override or circumvent any of the usage rules embedded into the CONTRACTS 123 Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the CONTRACTS 123 Services, in whole or in part, is strictly prohibited.


7. INTERSTATE NATURE OF COMMUNICATIONS ON CONTRACTS 123 NETWORK

When you register with CONTRACTS 123, you acknowledge that in using the CONTRACTS 123 Services to send electronic communications (including but not limited to email, search queries, sending messages to CONTRACTS 123 Chat or CONTRACTS 123 Groups, uploading photos and files, and other Internet activities), you will be causing communications to be sent through CONTRACTS 123's computer networks, portions of which are located in the United States and portions of which may be located abroad. As a result, and also as a result of CONTRACTS 123's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.


8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the CONTRACTS 123 Services and transfer, posting and uploading of software, technology, and other technical data via the CONTRACTS 123 Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the CONTRACTS 123 Services to export-prohibited parties or countries; (c) will not use the CONTRACTS 123 Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the CONTRACTS 123 Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.


9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE CONTRACTS 123 SERVICES

CONTRACTS 123 does not claim ownership of Content you submit or make available for inclusion on the CONTRACTS 123 Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the CONTRACTS 123 Services, you grant CONTRACTS 123 the following worldwide, royalty-free and non-exclusive license(s), as applicable:

  a. With respect to Content you submit or make available for inclusion on publicly accessible areas of CONTRACTS 123 Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the CONTRACTS 123 Services solely for the purposes of providing and promoting the specific CONTRACTS 123 Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the CONTRACTS 123 Services and will terminate at the time you remove or CONTRACTS 123 removes such Content from the CONTRACTS 123 Services.

  b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the CONTRACTS 123 Services other than CONTRACTS 123 Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the CONTRACTS 123 Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the CONTRACTS 123 Services and will terminate at the time you remove or CONTRACTS 123 removes such Content from the CONTRACTS 123 Services.

  c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the CONTRACTS 123 Services other than CONTRACTS 123 Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.


"Publicly accessible" areas of the CONTRACTS 123 Services are those areas of the CONTRACTS 123 network of properties that are intended by CONTRACTS 123 to be available to the general public. By way of example, publicly accessible areas of the CONTRACTS 123 Services would include CONTRACTS 123 Message Boards and portions of CONTRACTS 123 Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the CONTRACTS 123 Services would not include portions of CONTRACTS 123 Groups that are limited to members, CONTRACTS 123 services intended for private communication such as CONTRACTS 123 Mail or CONTRACTS 123 Messenger, or areas off of the CONTRACTS 123 network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by CONTRACTS 123.


10. CONTRIBUTIONS TO CONTRACTS 123

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to CONTRACTS 123 through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) CONTRACTS 123 is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) CONTRACTS 123 shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) CONTRACTS 123 may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of CONTRACTS 123 without any obligation of CONTRACTS 123 to you; and (f) you are not entitled to any compensation or reimbursement of any kind from CONTRACTS 123 under any circumstances.


11. INDEMNITY

You agree to indemnify and hold CONTRACTS 123 and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the CONTRACTS 123 Services, your use of the CONTRACTS 123 Services, your connection to the CONTRACTS 123 Services, your violation of the TOS, or your violation of any rights of another.


12. NO COMMERCIAL REUSE OF CONTRACTS 123 SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the CONTRACTS 123 Services (including Content, advertisements, Software and your CONTRACTS 123 ID).


13. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that CONTRACTS 123 may establish general practices and limits concerning use of the CONTRACTS 123 Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the CONTRACTS 123 Services, the maximum number of email messages that may be sent from or received by an account on the CONTRACTS 123 Services, the maximum size of any email message that may be sent from or received by an account on the CONTRACTS 123 Services, the maximum disk space that will be allotted on CONTRACTS 123's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the CONTRACTS 123 Services in a given period of time. You agree that CONTRACTS 123 has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the CONTRACTS 123 Services. You acknowledge that CONTRACTS 123 reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that CONTRACTS 123 reserves the right to modify these general practices and limits from time to time.


CONTRACTS 123 Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your CONTRACTS 123 accounts located on CONTRACTS 123 servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on CONTRACTS 123 too. Your agreement to this TOS constitutes your consent to allow CONTRACTS 123 to store these communications on its servers.


14. MODIFICATIONS TO CONTRACTS 123 SERVICES

CONTRACTS 123 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the CONTRACTS 123 Services (or any part thereof) with or without notice. You agree that CONTRACTS 123 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the CONTRACTS 123 Services (or any part thereof).


15. TERMINATION

You may terminate your CONTRACTS 123 account, any associated email address and access to the CONTRACTS 123 Services by submitting such termination request to CONTRACTS 123.


You agree that CONTRACTS 123 may, without prior notice, immediately terminate, limit your access to or suspend your CONTRACTS 123 account, any associated email address, and access to the CONTRACTS 123 Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the CONTRACTS 123 Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the CONTRACTS 123 Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in CONTRACTS 123's sole discretion and that CONTRACTS 123 shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the CONTRACTS 123 Services.


Termination of your CONTRACTS 123 account includes any or all of the following: (a) removal of access to all or part of the offerings within the CONTRACTS 123 Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the CONTRACTS 123 Services.


16. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the CONTRACTS 123 Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CONTRACTS 123 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the CONTRACTS 123 Services.


17. LINKS

The CONTRACTS 123 Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that CONTRACTS 123 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CONTRACTS 123 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.


18. CONTRACTS 123'S PROPRIETARY RIGHTS

You acknowledge and agree that the CONTRACTS 123 Services and any necessary software used in connection with the CONTRACTS 123 Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the CONTRACTS 123 Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by CONTRACTS 123 or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the CONTRACTS 123 Services, such Content or the Software, in whole or in part.


CONTRACTS 123 grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the CONTRACTS 123 Services. You agree not to access the CONTRACTS 123 Services by any means other than through the interface that is provided by CONTRACTS 123 for use in accessing the CONTRACTS 123 Services.


19. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  a. YOUR USE OF THE CONTRACTS 123 SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE CONTRACTS 123 SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CONTRACTS 123 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  b. CONTRACTS 123 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE CONTRACTS 123 SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE CONTRACTS 123 SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTRACTS 123 SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CONTRACTS 123 SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

  c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CONTRACTS 123 SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONTRACTS 123 OR THROUGH OR FROM THE CONTRACTS 123 SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE CONTRACTS 123 SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE CONTRACTS 123 SERVICE. IMMEDIATELY DISCONTINUE USE OF THE CONTRACTS 123 SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE CONTRACTS 123 SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.


20. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONTRACTS 123 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CONTRACTS 123 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE CONTRACTS 123 SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CONTRACTS 123 SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE CONTRACTS 123 SERVICE.


21. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO 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 OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.


22. SPECIAL ADMONITION FOR CONTRACTS 123 SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the CONTRACTS 123 Services concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The CONTRACTS 123 Services is provided for informational purposes only, and no Content included in the CONTRACTS 123 Services is intended for trading or investing purposes. CONTRACTS 123 and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the CONTRACTS 123 Services, and shall not be responsible or liable for any trading or investment decisions based on such information.


23. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.


24. NOTICE

CONTRACTS 123 may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the CONTRACTS 123 Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the CONTRACTS 123 Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the CONTRACTS 123 Services in an authorized manner.


25. TRADEMARK INFORMATION

You agree that all of CONTRACTS 123’s trademarks, trade names, service marks and other CONTRACTS 123 logos and brand features, and product and service names are trademarks and the property of CONTRACTS 123! Inc. (the "CONTRACTS 123 Marks"). Without CONTRACTS 123's prior permission, you agree not to display or use in any manner the CONTRACTS 123 Marks.


26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

CONTRACTS 123 respects the intellectual property of others, and we ask our users to do the same. CONTRACTS 123 may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CONTRACTS 123's Copyright Agent the following information:

  a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  b. a description of the copyrighted work or other intellectual property that you claim has been infringed;

  c. a description of where the material that you claim is infringing is located on the site;

  d. your address, telephone number, and email address;

  e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.


CONTRACTS 123's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

  By mail:
  Copyright Contracts 123
  c/o Iron Furnace Management
  203 N Front St., Suite 216
  Philipsburg, PA  16866


  By phone: (814) 342-7000

  By email: info@contracts123.com


27. VIDEO CONTENT

Please visit http://contracts123.com/legal.html for more information or to register any concerns or complaints regarding video content accessible on the CONTRACTS 123 network of properties.


28. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and CONTRACTS 123 and governs your use of the CONTRACTS 123 Services, superseding any prior version of this TOS between you and CONTRACTS 123 with respect to the CONTRACTS 123 Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CONTRACTS 123 services, affiliate services, third-party content or third-party software.


Choice of Law and Forum. You and CONTRACTS 123 each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and CONTRACTS 123, shall be brought exclusively in the courts located in the county of Centre, Pennsylvania or the U.S. District Court for the Middle District of Pennsylvania. You and CONTRACTS 123 agree to submit to the personal jurisdiction of the courts located within the county of Centre, Pennsylvania or the Middle District of Pennsylvania, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.


Waiver and Severability of Terms. The failure of CONTRACTS 123 to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.


No Right of Survivorship and Non-Transferability. You agree that your CONTRACTS 123 account is non-transferable and any rights to your CONTRACTS 123 ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.


Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CONTRACTS 123 Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.


29. VIOLATIONS

Please report any violations of the TOS to our Customer Care group at info@contracts123.com.


Last updated 1 March 2014

 

PRIVACY POLICY

 

CONTRACTS 123 takes your privacy seriously. Please read the following to learn more about our privacy policy.

The federal government and technology industry have developed practical tip to help you guard against Internet fraud, secure your computer and protect your personal information. Visit, http://www.onguardonline.gov

 

How CONTRACTS 123 Uses Your Personal Information

This policy covers how CONTRACTS 123 treats personal information that CONTRACTS 123 collects and receives, including information related to your past use of CONTRACTS 123 products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.

 

This privacy policy only applies to CONTRACTS 123

This policy does not apply to the practices of companies that CONTRACTS 123 does not own or control, or to people that CONTRACTS 123 does not employ or manage. In addition, some companies that CONTRACTS 123 has acquired have their own, preexisting privacy policies which may be viewed on their pages.

 

Participation in the Safe Harbor program
The Safe Harbor program developed by the U.S. Department of Commerce and the European Union. Visit the U.S. Department of Commerce's Safe Harbor website at http://wwwexport.gov/safeharbor/

INFORMATION COLLECTION AND USE
General

CONTRACTS 123 collects personal information when you register with CONTRACTS 123, when you use CONTRACTS 123 products or services, when you visit CONTRACTS 123 pages or the pages of certain CONTRACTS 123 partners, CONTRACTS 123 may combine information about you that we have with information we obtain from business partners or other companies.

When you register we ask for information such as your name, email address, birth date, gender, ZIP code, occupation, industry, and personal interests. For some financial products and services we might also ask for your address, Social Security number, and information about your assets. When you register with CONTRACTS 123 and sign in to our services, you are not anonymous to us.

CONTRACTS 123 collects information about your transactions with us and with some of our business partners, including information about your use of financial products and services that we offer.

CONTRACTS 123 automatically receives and records information from your computer and browser, including your IP address, CONTRACTS 123 cookie information, software and hardware attributes, and the page you request.

CONTRACTS 123 uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients. 

CHILDREN

CONTRACTS 123 will not knowingly permit anyone under the age of 18 to register with CONTRACTS 123.

INFORMATION SHARING AND DISCLOSURE

CONTRACTS 123 does not rent or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:

  • We provide the information to trusted partners who work on behalf of or with CONTRACTS 123 under confidentiality agreements. These companies may use your personal information to help CONTRACTS 123 communicate with you about offers from CONTRACTS 123 and our marketing partners. However, these companies do not have any independent right to share this information.
  • We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of CONTRACTS 123's terms of use, or as otherwise required by law.
  • We transfer information about you if CONTRACTS 123 is acquired by or merged with another company. In this event, CONTRACTS 123 will notify you before information about you is transferred and becomes subject to a different privacy policy.

CONTRACTS 123 displays targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria—for example, women ages 18-24 from a particular geographic area.

  • CONTRACTS 123 does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
  • CONTRACTS 123 advertisers include financial service providers (such as banks, insurance agents, stock brokers and mortgage lenders) and non-financial companies (such as stores, airlines, and software companies).

CONTRACTS 123 works with vendors, partners, advertisers, and other service providers in different industries and categories of business.

COOKIES

CONTRACTS 123 may set and access CONTRACTS 123 cookies on your computer. CONTRACTS 123 may let our partner companies show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to CONTRACTS 123's cookies.


CONTRACTS 123 may access CONTRACTS 123 cookies inside and outside our network of web sites and in connection with CONTRACTS 123 products and services.

INFORMATION AND PREFERENCES

New categories of marketing communications might be added from time to time.

We reserve the right to send you certain communications relating to the CONTRACTS 123 service, such as service announcements, administrative messages and the CONTRACTS 123 Newsletter, that are considered part of your CONTRACTS 123 account, without offering you the opportunity to opt out of receiving them.

CONFIDENTIALITY AND SECURITY

We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.

CHANGES TO THIS PRIVACY POLICY

CONTRACTS 123 may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your CONTRACTS 123 account or by placing a prominent notice on our site.


QUESTIONS AND SUGGESTIONS

If you have questions, suggestions, or wish to make a complaint, please contact us at:

  CONTRACTS 123 Privacy
  c/o Iron Furnace Management
  203 N Front St., Suite 216
  Philipsburg, PA  16866
  (814) 342.7000

If you feel that your inquiry has not been satisfactorily addressed, please contact us at info@contracts123.com so that we may provide you with additional assistance.

Last Updated: 1 March 2014