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Effortless Ease Inc. Terms of Service for the LoverRocker.com Web site.

General.

The LoveRocker.com Web site (the "Site") is owned and operated by Effortless Ease Inc. ("EEINC") for your personal entertainment, information, education, and communication. Your use of this Site, and all information, products and services on this Site (collectively, the "Services") are subject to the binding legal terms set forth below ("Terms"). You understand that EEINC may modify, alter, or otherwise update these Terms from time to time without giving you any notice. Any new features or updated Services that we put on the Site will be subject to these Terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE.

The Site contains links to other Web sites, and other Web sites have links to the Site. EEINC does not review sites linked to the Site and EEINC is not responsible for the contents of, or any products or services offered by, any of these other Web sites. This Terms of Use agreement governs only the use of the Site, and not any other Web site. Your use of such other Web sites is subject to the terms of use, if any, contained within each such Web site.


Privacy.

Any information that we may collect from you during your use of the Site or otherwise is subject to our Privacy Policy, which may be modified from time to time. For the full text of our Privacy Policy, please click here.


Product Returns.

Purchasers of EEINC's products will be entitled to a full and prompt refund in accordance with the EEINC Return Policy in effect at the time of their purchase. For the full text of our Return Policy, please click here.


Fraud.

When you sign up to use EEINC, you will be asked to give us some information about yourself including your name, address, and credit card (or checking account) information. During the registration process, you agree to give us true, accurate, and complete information belonging only to you, and not to use the credit card, checking account, or address belonging to another person. If the information you provide is deemed, at the sole discretion of EEINC, not to be accurate or belonging to another person, EEINC may refuse to sell you its products or terminate your use of the Site as explained below.


Account Information and Password Protection.

When you register, you will select a user name and a password so that you can access your account with us. You agree that you will keep this information confidential. You are completely responsible for activities regarding your account and password.


How You Can Use the Services.

You may use the Services on the Site for your personal, noncommercial use. You are prohibited, and agree not to modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from the Site without prior written permission from EEINC, except as set forth below.


No License Granted.

Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of EEINC. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE PRODUCTS AND SERVICES OR ANY OTHER EEINC PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.


Your Postings to this Site.

On some parts of our Site, you may be allowed to offer testimonials, feedback, post messages, or tell us your comments on a given topic, or start a new topic for others to respond to. If you post anything, you guarantee to us that:

  • You have legal rights to post your material and it will not violate any law or the rights of any person; and

  • All information and materials of any kind, including graphics, text, or otherwise posted by someone on our Site ("Member Content") are subject to the following terms:

(1) By posting Member Content you give us the royalty-free, irrevocable, perpetual, worldwide right to: allow other people to use the Member Content as described in these Terms; and to use, distribute, display, and create derivative works from this Member Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you;

(2) You understand that we are not responsible for the truth, completeness, objectivity, or usefulness of any Member Content, nor do we endorse any Member Content;

(3) We do not verify the identity of people using our Site, and you assume the risk of believing any Member Content you read;

(4) We do not screen, monitor, edit, or review Member Content. We do have the right to monitor or remove any Member Content at any time and without notice if we believe it will improve our Site. We can also suspend or terminate use of the Services by anyone who does not follow these Terms.

You should also be aware that any message posted to our Site will become public and any personal information you post will be accessible to any visitors to our Site.


Conduct of Members and Visitors.

We believe that all members and visitors benefit from basic rules regarding conduct while using the Services. Accordingly, we ask you-and you agree-to follow the following basic rules of conduct when using the Site:

(1) You will follow these Terms and all applicable laws;

(2) You will not harass, threaten, or abuse other people when using the Site in any manner;

(3) You will not post or otherwise make available any Member Content that is obscene or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is harmful, vulgar, or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights;

(4) You will not harvest any screen names of email addresses for any commercial use;

(5) You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact, or harass another user;

(6) You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with EEINC; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;

(7) You will not use the Services to harm minors in any way, or encourage interactions with minors of any kind;

(8) You will not manipulate the Services so as to hide your identity or participation in Services on the Site (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);

(9) You will not post any Member Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Services we provide, users' ability to enjoy the Services, or the proper functioning of any software, hardware, or equipment or materials used in connection with the Services;

(10) You will not send any bulk unsolicited advertising, promotional information, email or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services, except in areas that specifically authorize you to do so (auction forums, for instances);

(11) You will not post or otherwise make available any Member Content you do not have the lawful right to post or to make available; and

(12) You will not violate any federal or state law.

If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice.


Indemnity.

You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold EEINC and its affiliates and their officers, directors, employees, and agents harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Products and Services offered on the Site, or your violation of either these Terms or the rights of any third party.


Disclaimer of Warranties.

YOU UNDERSTAND THAT YOUR USE OF THE PRODUCTS AND SERVICES (INCLUDING ANY USE OF THE PRODUCTS OR INFORMATION FROM THE SITE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR PERSON OR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE PRODUCTS OR SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT EEINC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT EEINC DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

YOUR USE OF OUR PRODUCTS AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE PRODUCTS OFFERED OR MATERIALS CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, EEINC DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN, LINKING TO, OR ACCESSIBLE FROM THE SITE.

EEINC DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED ON THE SITE. EEINC IS NOT RESPONSIBLE FOR THE CONSEQUENCES RESULTING FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT EEINC IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. EEINC ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE REGARDING ANY SITUATION THAT REQUIRES SUCH ATTENTION AND URGES YOU NEITHER TO DISREGARD SUCH ADVICE NOR TO DELAY IN SEEKING IT.


Liability Disclaimer.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EEINC OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY PHYSICAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF EEINC HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.


Access Restrictions; Termination.

We can terminate your access to the Site or refuse to sell you Products at any time, immediately and without notice if, in EEINC's sole discretion, you fail to comply with any of the Terms. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the Terms or otherwise. In the event of termination, you are no longer authorized to access the Site, and the restrictions imposed on you with respect to any materials downloaded from the Site and the disclaimers and limitations of liabilities set forth in the Terms shall survive. We may also remove any Member Content that you post without cause and without notice to you.

We can also change these Terms at any time, without notice, and your continued use of the Services after any change we make will mean that you agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.


Copyrights.

All content on the EEINC Web site (the "Content") is: © EEINC, Inc. 2001-2002. All rights reserved. EEINC takes the protection of intellectual property rights, including copyrights, very seriously. EEINC will terminate your access to, or use of, the Site and/or the Services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others. All content from the Site or any Web site owned, operated, licensed, or controlled by EEINC may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including directly linking to EEINC's .jpg or .gif files without prior written consent of EEINC. Modification of the Content or use of the Content for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of the Terms, the use of the Content on any other Web site or networked computer environment is prohibited. If you are a copyright owner who believes that certain content available on EEINC infringes your copyright, please see our Copyright Dispute Resolution Mechanism.


Trademarks.

The "LoveRocker" and other trademarks, logos, and service marks ("Marks") displayed on the Site are the property of EEINC and other parties. Users are prohibited from using any Marks without the written permission of EEINC or such third party that may own the Marks.


Intellectual Property.

The LoveRocker is part of a pending patent application, and as such it is the intellectual property of EEINC. You hereby agree that all such rights belong to EEINC and further agree to make no attempt to claim any such rights in connection with EEINC or the LoveRocker, or to make any commercial use of EEINC's intellectual property.


Miscellaneous.

These Terms are the entire agreement between you and EEINC. They supersede any and all prior or contemporaneous agreements between you and EEINC relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by EEINC for any violation of EEINC' proprietary or other rights, any and all disputes relating to these Terms, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be New York, New York, USA. You can direct any questions concerning these Terms to service@loverocker.com.


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All contents © Copyright 2001 Effortless Ease Inc. LoveRocker™ - Patents Pending. All rights reserved.

Read the Terms under which these products and services are provided to you. Product queries are welcome at sales@loverocker.com. Questions regarding this Web site should be sent to webmaster@loverocker.com.