Terms and Conditions
Killing of America Licensing Agreement
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING THE KILLING OF AMERICA AND/OR ALL INCLUDED MATERIALS.
BY CLICKING ON THE “ACCEPT” BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE COPYRIGHTED INFORMATION CONTAINED THEREIN, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “DO NOT ACCEPT” BUTTON AND THE DOWNLOAD PROCESS WILL NOT CONTINUE AND THE TRANSACTION WILL TERMINATE.
Single User License Grant: Execunet, Inc. and/or agents grant to User (“User”) a nonexclusive and nontransferable license to sole access and personally use of the Killing of America and all attached materials (‘”Licensed Materials” (“LM”))
Copyright and Registered Trademark Protections: User expressly accepts and agrees that all subject materials/product/information arrays are copyright/trademark protected text, data, and indicia. A great deal of time, work, energy, and investment has been made to create the most unique and ultimate guide on small business financing ever to be assembled, published or printed. It is the first and only guide of its type ever printed and made available under such terms and conditions. User expressly agrees and accepts the obligations to exercise all possible means and methods to protect these materials/products through limited access and disclosure to the maximum extent possible. User agrees and accepts that no part of this product, text, and/or contents will be reproduced, copied, or storied in any retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise without my express written permission from Execunet, Inc.
b. Modification of Licensed Materials. Licensee shall not modify or create a derivative work of the Licensed Materials without the prior written permission of Licensor.
c. Removal of Copyright Notice. Licensee may not remove, obscure or modify any copyright or other notices included in the Licensed Materials.
d. Commercial Purposes. Other than as specifically permitted in this Agreement, Licensee may not use the Licensed Materials for commercial purposes, including but not limited to the sale of the Licensed Materials or bulk reproduction or distribution of the Licensed Materials in any form.
Ownership: Subject to the rights and licenses granted herein, Execunet (Licensor) retains all right, title and interest in the licensed materilas, documentation, and trademarks including all
Disclaimer: Except as specified otherwise, all express or implied conditions, representations, and/or warranties including without limitation any implied warranty of merchantability, fitness for a particular purpose, and the like are hereby excluded to the extent allowed by applicable law.
Governing Law: This License shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties.
Dispute Resolution: In the event any dispute or controversy arising out of or relating to this Agreement, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations.
Licensor Legal Remedies: In the event that the User seeks to improperly attempt and/or to circumvent contrary to this agreement, especially copyright and/or trademark infringements/violations, User agrees and accepts that Licensor shall have the right, in addition to any other remedies available, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any and all other remedies are inadequate. User agrees to pay for all reasonable costs of such efforts, including reasonable attorney fees, to the extent Licensor remedies are successful and/or injunctions, temporary restraining orders, judgments, awards, or the like are issued in favor of Licensor.
Arbitration: Excepting copyright and trademark infringements/violations, all other controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The parties shall endeavor to select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the arbitrators in turn shall select a third arbitrator. The arbitration shall take place within the State of Georgia. Costs for such arbitration process shall be borne exclusively by User/complainant including all reasonable attorney fees incurred by or on behalf of Licensor in said processes.
Security: User understands, accepts, and agrees that email and the Internet have inherent security vulnerabilities, and care must be taken to protect all confidential information. Licensor has had its web site and processing functions designed using industry-standard security measures to protect the privacy and integrity of all personal and confidential data. As an Internet and e-mail based technology platform, Licensor is subject to the same risks and vulnerabilities as all web browser and email dependent products and services. User accepts such normal risks and agrees to hold harmless Licensor for such potential violations.
Data Information/Ownership: All data from or by Licensee during use of this site and/or online access is owned by Licensor. Licensee agrees and allows Licensor to send infrequent product update notifications, newsletters, promotional offers, upgraded feature information, press releases, newly released product information, new or existing vendor partnership announcements, to email and postal addresses stored in its databases.
Amendment: No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by Licensor.
Severability: If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Waiver of Contractual Right: Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Notices: All notices given pursuant to this Agreement shall be in writing and may be hand delivered, or shall be deemed received within [time period] after mailing if sent by registered or certified mail, return receipt requested. If any notice is sent by facsimile, confirmation copies must be sent by mail or hand delivery to the specified address. Either party may from time to time change its Notice Address by written notice to the other party.