TERMS AND CONDITIONS OF USE
Welcome
to STRONGGUIDES.COM, DRROMANTIC.COM, BIGMOUSEEARS.COM,
TCREVIEW.COM and EDRINKGUIDE.COM (individually and
together, the "Site"). PLEASE READ THESE TERMS AND
CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THIS
SITE. This Site is owned and operated by Kevin M Strong
dba Strong Guides. (referred to as "STRONG GUIDES").
"You" are the person or entity using the Site.
By
using this Site, ordering or using Applications, or
clicking on a button indicating your consent, you agree
to these Terms including but not limited to conducting
this transaction electronically, and to disclaimers of
warranties, damage and remedy exclusions and
limitations, and a choice of Minnesota law. If you do
not agree to these Terms, you do not have permission to
use the Site. STRONG GUIDES reserves the right, at its
discretion, to change, modify, add, or remove portions
of these Terms at any time. Notification of changes to
these Terms will be posted on the Site or sent via
e-mail. If any future changes to these Terms are
unacceptable to you, you must discontinue use of the
Site.
Payment
terms and refund information (if applicable) for
Applications and other products are provided in the
ordering process and/or on the Help page in connection
with ordering that product.
You may
also be subject to additional terms and conditions when
you use third-party content, services, or software
(including Applications) accessed through or promoted on
the Site.
1. REGISTRATION AND ORDERING OBLIGATIONS
In consideration of your use of the Site, you agree to
provide true, accurate and complete information about
yourself as prompted by the Site registration or
ordering process, provided that in connection with
registration, you do not need to, and should not, use
your full or true name for your username. You also agree
that STRONG GUIDES may send you notices, announcements,
offers and alerts regarding STRONG GUIDES owned,
operated or affiliated sites and services. In addition,
you agree to update that information in order to
maintain its truth, accuracy and completeness. STRONG
GUIDES may deny you access to the Site or reject your
order in the event that your information is untrue,
inaccurate or incomplete.
2. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Site or STRONG
GUIDES may, at STRONG GUIDES' option, be conducted
electronically. STRONG GUIDES may keep records of any
type of communication conducted via the Site. All
electronic records are deemed sent when they are
properly addressed to the recipient and the record
enters an information processing system outside the
control of the sender or the record enters a region of
an information processing system under the recipient's
control. All electronic records are received when the
record enters an information processing system that the
recipient has designated or uses for the purpose of
receiving electronic records or information of the type
sent, in a form capable of being processed by that
system, and from which the recipient is able to retrieve
the electronic record.
3. OBLIGATION FOR USING YOUR PASSWORD
ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED
FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE
DEEMED BINDING ON YOU. You agree that you are solely
liable for all actions taken via your password, whether
or not made with your knowledge or authority. You agree
to guard your password carefully, with the full
awareness that a failure to keep it secure will enable
others to engage in transactions through the Site for
which you will be legally responsible. If you suspect
that someone may have obtained access to your password
who is not intended to have authority to act on your
behalf, please contact STRONG GUIDES immediately to
authorize STRONG GUIDES to deny access to the Site to
anyone else presenting your password and/or phone
number..
4. LIMITED NON-COMMERCIAL LICENSE TO USE SITE
AND APPLICATIONS
STRONG GUIDES hereby grants you the limited right to
view and use the Site only for the purposes of placing
product orders or for accessing information,
Applications and services as well as posting, uploading
and distributing content to and through the Site as may
be permitted therein. STRONG GUIDES reserves the right
to suspend or deny, in its sole discretion, your access
to all or any portion of the Site as described in
Section 18. This license is limited to personal and
non-commercial uses by you. Any rights not expressly
granted to you herein are reserved to STRONG GUIDES. No
portion of this Site is targeted to children, and any
minor should seek consent of his or her legal guardian
before using this site. Unless you have received
specific written permission from STRONG GUIDES, you may
not (a) "frame" or otherwise impose editorial comment,
commercial material or any information or content on, or
in proximity to, content displayed on the Site, (b)
alter or modify any content on the Site, (c) present,
display or link to any Site content in any manner other
than the context in which it is presented by STRONG
GUIDES, including without limitation, directly linking
to STRONG GUIDES' images, or (d) otherwise present,
display or link to Site content in any manner that
bypasses or circumvents the Site's advertising and/or
informational features.
The limited license to the Site and Applications is
subject to the following conditions:
- You
understand that all feedback, data, comments,
suggestions, information, text, data, software,
sounds, photographs, audio, audiovisual, video,
artwork, graphics, messages and other materials of any
nature ("Materials") that are transmitted to or via
the Site are the sole responsibility of the person
from which the Materials originated. This means you,
and not STRONG GUIDES, are entirely responsible for
the Materials you transmit through the Site. Further,
you understand that by using the Site you may be
exposed to Materials that are offensive or
objectionable.
- You
shall not create a user name or screen name or upload
to, distribute through or otherwise publish through
the Site any Materials which are indecent, libelous,
defamatory, obscene, threatening, invasive of privacy
or publicity rights, abusive, illegal, harassing,
contain expressions of hatred, bigotry, racism or
pornography, or are otherwise objectionable, or that
would constitute or encourage a criminal offense,
violate the rights of any party or violate any law.
- Your
Materials, user name and/or screen name will not
disparage in any manner STRONG GUIDES, its Licensors,
or their Applications, products, or services and
sites.
- Your
Materials shall not infringe the copyright, trademark,
publicity/privacy right or other intellectual property
right of any third party.
- You
shall not upload to, distribute through or otherwise
publish through the Site any Materials that are
directly or indirectly commercial in nature or contain
any solicitation of funds, promotion, advertising or
solicitation for goods or Sites. You specifically
acknowledge that soliciting other users to join or
become users or members of any commercial online web
site or other organization is expressly prohibited.
- You
shall not upload to, distribute through or otherwise
publish through the Site any Materials that contain
viruses or any other computer code, corrupt files or
programs designed to interrupt, destroy or limit the
functionality or disrupt any software, hardware,
telecommunications, networks, servers or other
equipment.
You acknowledge that STRONG GUIDES does not
pre-screen any Materials posted by you or other users,
but that STRONG GUIDES and its designees shall have the
right (but not the obligation) in their sole discretion
to refuse or remove any Materials. Without limitation,
STRONG GUIDES and its designees shall have the right to
remove any Materials that violate the Terms or is
otherwise objectionable, as well as terminate your
access to the Site. STRONG GUIDES may establish
practices and limits concerning the use of the Site and
Applications. You agree that STRONG GUIDES has no
liability or responsibility for the storage or deletion
of any Materials that you submit or post. STRONG GUIDES
reserves the right to change these general practices and
limits at any time in its sole discretion, with or
without notice.
5. APPLICATIONS
From time to time STRONG GUIDES may offer you the
ability to use certain applications, services or
software either at no charge or for a fee
("Applications"). For example, STRONG GUIDES may provide
chat areas, bulletin boards, e-mail functions and
software downloads.
- The
Applications that are made available to you are the
copyrighted work of STRONG GUIDES and/or its
suppliers. The use of each Application is governed by
the end user license agreement ("EULA") that
accompanies or is included in the Application or is
expressly stated on the Site pages accompanying the
Application and these Terms. In the event that no EULA
accompanies the Application, then the Terms shall
govern your use of the Application. You may not
download or use any Application from the Site without
agreeing to the EULA, if any, and these Terms. Certain
Applications may be owned by third parties and
distributed under a third party EULA and you agree
that STRONG GUIDES shall not be responsible for any
loss or damage of any sort relating to your dealings
with such third parties.
- The
Applications may contain third party digital rights
management systems ("DRMS") which may allow for
communication between your software and the third
party and utilize security features (e.g., preventing
distribution of or access to the Applications for
unauthorized use). These DRMS are subject to their own
license agreements and you agree that STRONG GUIDES
shall not be responsible for any loss or damage of any
sort relating to your dealings with such third
parties.
-
Unless expressly stated otherwise in the EULA, you are
granted a limited license to download and/or use the
Application from a single computer for personal and
non-commercial purposes. You may not make copies of or
distribute the Application or electronically transfer
the Application from one computer to another or over a
network. You may not decompile, reverse engineer,
disassemble or otherwise reduce the Application to
human perceivable form. You may not rent, lease or
sublicense the Application. You may not create
derivative works of the Application and you may not
export the Application in violation of any U.S. or
foreign law, rule or regulation.
6. COPYRIGHTS AND TRADEMARKS
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS,
NEITHER STRONG GUIDES, ITS AFFILIATES, NOR ANY THIRD
PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR
OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT,
TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE
THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. NO
OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
STRONG GUIDES will not tolerate copyright infringement
and reserves the right to block, disable, or otherwise
remove any content or materials uploaded to the Site as
well as terminate access to the Site if you engage in
copyright or other intellectual property infringement.
The law provides for civil and criminal penalties for
copyright and other intellectual property law
infringements.
Displaying, storing, copying, or otherwise making
available any content from the Site on another website
without the prior written permission of STRONG GUIDES is
expressly prohibited.
7. PRIVACY POLICY
STRONG GUIDES respects your right to privacy and
understands that visitors to STRONG GUIDES need to be in
control of their personal information. To that end
STRONG GUIDES has developed a Privacy Policy, and you
should review it carefully. Your use of the Site is your
consent to the Privacy Policy.
8. SUBMITTING MATERIALS AND FEEDBACK
Unless you enter into a separate written agreement with
STRONG GUIDES, STRONG GUIDES does not claim ownership in
Materials you submit, however, by submitting Materials
in any form to the site, in addition to other provisions
of the Terms, you automatically grant STRONG GUIDES a
royalty-free, world-wide, non-exclusive, and assignable
right and license to use, copy, reproduce, modify,
adapt, publish, edit, translate, create derivative works
from, transmit, distribute, publicly display and
publicly perform such Materials for the purpose of
displaying and promoting the Materials on any website
operated by, and in any related marketing materials
produced by, STRONG GUIDES and its affiliates. You
obtain no rights in any form, media, or technology
incorporating the Materials.
9. INDEMNITY
You agree to indemnify and hold STRONG GUIDES, its
parent company, affiliates, officers, agents, partners
and employees harmless from any claim or demand,
including reasonable attorneys fees, arising out of your
content and materials, your use of the Site, your
violation of these Terms or your violation of any third
party's rights including such party's copyrights and
trademarks.
10. DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN
AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND STRONG
GUIDES, THE SITE AND APPLICATIONS OFFERED AT OR THROUGH
THE SITE, AND APPLICATIONS ARE PROVIDED TO YOU "AS IS"
WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. STRONG
GUIDES HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED
BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN
HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR
DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS,
RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY
INFORMATION ON THE SITE; AND (B) ANY DUTIES OF
REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF
NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR
RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION
WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS
BORN BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
IN
ADDITION, STRONG GUIDES DISCLAIMS ANY WARRANTIES OF
NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION
WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
11. ASSUMPTION OF RISKS
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND
RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR
NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND
RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN
MULTI-PLAYER GAMES, VISITING CHAT ROOMS OR READING
MATERIAL POSTED TO THE SITE YOU MAY BE EXPOSED TO RUDE,
CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR
REFERENCES. YOU AGREE THAT STRONG GUIDES SHALL NOT BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING
TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR
CONTENT PROVIDER ON THE SITE.
12. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN
OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT
NEITHER STRONG GUIDES NOR ANY OF STRONG GUIDES'
AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY
OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES
(INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF
PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT
NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF
NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER
INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT
ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR
RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS,
EVEN IF STRONG GUIDES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF
FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT
LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF
THESE TERMS BY STRONG GUIDES OR ANY OF STRONG GUIDES'
AFFILIATES OR AGENTS SHALL BE, AT STRONG GUIDES' OPTION,
(1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE
APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES
INCURRED BY YOU IN REASONABLE RELIANCE ON STRONG GUIDES;
OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO STRONG
GUIDES. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE
TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS
ESSENTIAL PURPOSE.
14. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of STRONG
GUIDES, STRONG GUIDES' suppliers, and any third parties
mentioned on the Site, in addition to other
representations and obligations contained in these
Terms, that: (a) you possess the legal right and ability
to enter into and make the representations and
warranties contained in these Terms; (b) all information
submitted by you to the Site is true and accurate; (c)
you will keep your registration information current; (d)
you will be responsible for all use of your password
and/or phone number even if such use was conducted
without your authority or permission; (e) you will not
use the Site for any purpose that is unlawful or
prohibited by these Terms; (f) you are the owner of the
Materials and they are original to you; (g) the
Materials do not infringe any third party right, such as
copyright, trademark, and publicity/privacy right; (h)
the Materials do not constitute defamation or libel or
otherwise violate the law, and (i) you agree to defend,
indemnify, and hold STRONG GUIDES (and its employees,
representative, agents, and assigns) harmless from
breaches of (a) through (h).
15. LINKS; ADVERTISERS
The Site contains links to third party sites that are
not under the control of STRONG GUIDES and STRONG GUIDES
is not responsible for any content on any linked site.
If you access a third party site from the Site, then you
do so at your own risk. STRONG GUIDES provides links
only as a convenience and the inclusion of the link does
not imply that STRONG GUIDES endorses or accepts any
responsibility for the content on those third party
sites. Additionally, your dealings with or participation
in promotions of advertisers found on the Site,
including payment and delivery of goods, and any other
terms (such as warranties) are solely between you and
such advertisers. You agree that STRONG GUIDES shall not
be responsible for any loss or damage of any sort
relating to your dealings with such advertisers.
16. INTERNATIONAL USAGE
This Site is controlled and operated by STRONG GUIDES
from its offices within Missouri, United States of
America. STRONG GUIDES makes no representation that the
Site, Applications, or related information offered by
STRONG GUIDES are appropriate or available in other
locations. Those who choose to access the Site from
other locations do so on their own initiative and are
responsible for compliance with local laws, if and to
the extent local laws are applicable.
17. OWNERSHIP
The Site, Applications, and related information are the
exclusive property of STRONG GUIDES or its suppliers.
All rights not licensed herein are hereby reserved to
STRONG GUIDES or its suppliers.
18. TERMINATION OR CANCELLATION OF SITE ACCESS;
MODIFICATIONS TO SITE AND APPLICATIONS
If you violate these Terms, STRONG GUIDES may terminate
or cancel your access rights to the Site immediately
without notice. STRONG GUIDES may also block your use of
the Site or direct you to cease using it. STRONG GUIDES
reserves the right at any time to modify or discontinue
the Site, Applications, or any part thereof and you
agree that STRONG GUIDES shall not be liable to you or
to any third party for any modification, suspension, or
discontinuance of the Site, Applications, or any part
thereof.
19. EXCLUSIVE JURISDICTION
These Terms shall be governed by the laws of the State
of Minnesota without regard to its conflict of law
provisions. Any disputes arising under or related in any
way to these Terms, the Site or any Application shall be
litigated or otherwise heard in the appropriate forum in
Hennepin County, Minnesota. The parties hereto hereby
consent to the exclusive jurisdiction of the state and
federal courts sitting in the County of Hennepin,
Minnesota, and hereby waive any claim or defense that
such forum is not convenient or proper, and consent to
service of process by any means authorized by Minnesota
law.
20. ENTIRE AGREEMENT
These Terms, as amended, your registration forms, and
the disclosures provided by STRONG GUIDES and the
consents provided by you, constitute the entire
agreement between you and STRONG GUIDES. If any
provision of these Terms shall be unlawful, void, or for
any reason unenforceable, then that provision shall be
deemed severable from these Terms and shall not affect
the validity and enforceability of any remaining
provisions. STRONG GUIDES' failure to act with respect
to a breach by you or others does not waive STRONG
GUIDES' right to act with respect to subsequent or
similar breaches.
21. AMENDMENTS
You agree that STRONG GUIDES may amend or modify these
Terms or impose new conditions at any time by updating
these Terms on the Site or upon notice from STRONG
GUIDES to you as published through the Site or by
e-mail. Any use of the Site or order by you after such
updating shall be deemed to constitute acceptance of
such amendments, modifications, or new conditions. If
you do not want to be bound by an amendment, you will
need to terminate your registration, if any, and refrain
from using the Site or using or ordering Applications
after that date. No other amendments will be valid
unless they are in a paper writing signed by STRONG
GUIDES and by you.
22. NOTICES
Except as expressly stated otherwise, any notices
required or allowed under these Terms shall be given to
STRONG GUIDES by postal mail to: Kevin M Strong dba
Strong Guides, 1122 Como Ave SE, Suite 203, Minneapolis,
MN 55414, or as to a successor address that STRONG
GUIDES makes available on the Site or through other
reasonable manner. If applicable law requires that
STRONG GUIDES accepts e-mail notices (but not
otherwise), then you may send STRONG GUIDES e-mail
notice using STRONG GUIDES contact email address (admin@strongguides.com)
With respect to STRONG GUIDES' notices to you, STRONG
GUIDES may provide notice of amendments by posting them
in the Site and you agree to check for changes. Instead
or in addition, STRONG GUIDES may give notice by sending
e-mail to the e-mail address you provide during
registration. Notice shall be deemed given 24 hours
after it is posted or an e-mail is sent, unless (as to
e-mail) the sending party is notified that the e-mail
address is invalid.
Contact Information Disclosure. STRONG GUIDES' name and
street address is Kevin M Strong dba STRONG GUIDES, 1122
Como Ave SE, Suite 203, Minneapolis, MN 55414. You can
also contact Strong Guides @
admin@strongguides.com