Terms and Conditions
This is the
Landing5.com Agreement. Please read the following very carefully. By purchasing
the services offered at Landing5.com, and/or by using this site, its products,
corporate solutions and services you hereby agree to the following TERMS AND
CONDITIONS and all associated policies. If you do not agree to the terms and
conditions, you must stop using this site, as these are legally binding and will
affect your right regarding information and articles you post. This agreement
may change from time to time and you can find the latest version in this page.
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
Compliance With Laws
You agree to comply with all applicable local, national and international laws
regarding your use of the Web Site, including, without limitation, laws
regarding import/export of technical data by virtue of your online transmission.
Without exception, under all circumstances, Landing5.com cannot be held
responsible for your non-compliance to any of the applicable laws.
Disclaimer
Landing5.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR YOUR BUSINESS MAY
SUFFER. Landing5.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR
SERVICES WE PROVIDE. Landing5.com DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM
DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS
CAUSED BY Landing5.com AND ITS EMPLOYEES. Landing5.com RESERVES THE RIGHT TO REVISE
ITS POLICIES AT ANY TIME.
MEMBERS SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT TO ANYONE ELSE. HOWEVER,
Landing5.com MAY ASSIGN THE MEMBER'S CONTRACT, IN PART OR IN WHOLE, AT ANYTIME
WITHOUT CONSENT FROM OR NOTICE TO THE MEMBER. Landing5.com RESERVES RIGHT TO
CANCEL MEMBERS RIGHTS UNDER THIS CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION.
Limitations
of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Landing5.com SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, 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 Landing5.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(1) THE USE OF, OR THE INABILITY TO
USE, THIS WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON
THIS WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB
SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEB SITE; OR (6) ANY
OTHER MATTER RELATING TO THIS WEB SITE.
Regardless of the previous paragraphs in this section, if we are found to be
liable, our liability to you or to any third party is limited to the greater of
(a) the total fees you paid to us in the 3 months prior to the action giving
rise to the liability, and (b) $100.
Indemnification
You agree to indemnify and hold harmless Landing5.com, its directors, officers,
employees, agents, co-branders, subsidiaries, parents, and affiliates, from and
against any and all liability, losses, claims, demands, disputes, damages, and
costs of any kind, including, without limitation, reasonable attorneys' fees and
costs of litigation resulting from or in any way connected with your use of the
Web Site; Content you submit, post, or transmit through the Web Site; your
breach of the Agreement; and your connection to the Web Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing the specific
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 Landing5.com 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. Landing5.com cannot and will not be liable for
any loss or damage arising from your failure to comply with this Section.
USER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not
Landing5.com, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via this site. Landing5.com does not
control the Content posted in this site and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using
this site, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Landing5.com be liable in any way for
any Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made available in this
site.
You agree to NOT to:
1. upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a Landing5.com
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
5. 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);
6. 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;
7. 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 rooms) that are designated for such purpose (please read
our complete Spam Policy);
8. 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;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
11. 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;
12. 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;
13. "stalk" or otherwise harass another; or
14. collect or store personal data about other users.
15. use the Site if you are not able to form legally binding contracts, are
under the age of 18
16. circumvent or manipulate our payment structure, the billing process, or in
certain cases fees owed to Landing5.com
You acknowledge that Landing5.com may or may not pre-screen Content, but that
Landing5.com and its designees shall have the right (but not the obligation) in
their sole discretion to pre-screen, refuse, or move any Content that is
available in this site. Without limiting the foregoing, Landing5.com and its
designees shall have the right to remove any Content that violates the Terms of
Use 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.
You acknowledge, consent and agree that Landing5.com 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: (a) comply with legal process; (b) enforce the Terms of Use; (c)
respond to claims that any Content violates the rights of third-parties; (d)
respond to your requests for customer service; or (e) protect the rights,
property, or personal safety of Landing5.com, its users and the public.
You understand that the technical processing and transmission of the Service,
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
Payments and Fees
You acknowledge and agree that all the Fees paid for any services offered, are NON-REFUNDABLE.
Proprietary
rights and Trademarks
You acknowledge and agree that the contents and materials available on the
Landing5.com site and the software used in connection with Landing5.com contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. Unless expressly authorized by Landing5.com,
you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Landing5.com site's contents, materials or the
software, in whole or in part. Except as expressly provided in this Agreement,
you are NOT granted any rights or license to any intellectual property with
respect to the Landing5.com site or its contents. Landing5.com reserves all rights
and the name "Landing5.com" and its respective logos, may be Landing5.com
trademarks. You are not allowed to use or display any of these unless you have
our prior express written permission.
MODIFICATION, SUSPENSION, TERMINATION
You agree that Landing5.com may, in its sole discretion, and at any time, modify,
discontinue, or suspend its operation of this Web Site, or any part thereof,
temporarily or permanently, without notice to you, and you agree that Landing5.com
will not be liable for the consequences of doing so. You also agree that
Landing5.com may, in its sole discretion, and at any time, completely terminate
your use of the Web Site, and may remove or delete any or all of your Content
within the Web Site, without prior notice to you for any reason that Landing5.com,
in its sole discretion, deems appropriate. You further agree that Landing5.com
will not be liable to you or to any third party for the consequences of any
termination of your use of or access to the Website.
As these terms and conditions may change from time to time, you should check
back periodically, in order to stay informed.

