Terms and User Agreement.www.homesickgi.com, June 02, 2007
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This User Agreement ("Agreement") is between you and Homesick GI, Inc, with a principal place of business at 167 Glade Paulding Road, Ellisville, MS. This Agreement shall apply to the following Homesick GI, Inc. Web site properties: Homesick GI, HomesickGI.net (collectively and individually hereinafter referred to as "Homesick GI, Inc.", the "Homesick GI Web site", "HomesickGI.com", the "Web site", or the "Site.") Your rights and obligations under this Agreement and in using this Site are not assignable. Your use and access of the Homesick GI Web site constitutes your acceptance, without modification, of the terms, conditions and notices contained herein. In addition, when using particular Homesick GI, Inc services, you shall be subject to any posted guidelines, rules, and policies applicable to such services that may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference into this Agreement. By using the Homesick GI Web site, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU ACCEPT THE TERMS THEREOF. Please read the following terms carefully. If you do not agree to the terms and conditions of this Agreement, you may not access, view, obtain goods or services from, or otherwise use the Homesick GI Web site. 1. You acknowledge that upon becoming a member of Homesick GI, you are automatically subscribed to receive notifications. If you would not like to receive these notifications, you can remove yourself from these lists at any time at your member management page. 2. You acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this Web site under the supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are not allowed to visit or otherwise use our Site. 3. You agree to the terms and conditions of the Homesick GI, Inc. Privacy Policy, hereby incorporated by reference, which details the ways in which we and other parties might use personal information that belongs to you. In accordance with this Policy, we may use information and materials received from you or collected through your use of our Site, and may disclose such information to third parties. 4. You are responsible for regularly reviewing this User Agreement. Homesick GI, Inc. reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of this Agreement, in whole or in part, at any time, without prior notice. 5. You acknowledge that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Homesick GI, Inc. or its affiliates for all claims resulting from content you supply. 6. You shall not upload, email, post or transmit to, or distribute or otherwise publish through the Homesick GI Web site any material which:
8. We reserve the right to release information to the proper authorities, as a result of a violation of our standards or unlawful acts, if the information is subpoenaed and/or if we deem it necessary and/or appropriate. Homesick GI, Inc. has the right, but not the obligation, to refuse service, terminate accounts, or remove or edit content, in its sole discretion. 9. By posting messages, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively "Communications") to or through the Homesick GI Web site, you hereby grant to Homesick GI, Inc. a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications throughout the world, in all media now known or hereafter developed. You hereby waive all rights to any claim against Homesick GI, Inc. for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. 10. You will be responsible for your own Communications and the consequences of posting or otherwise transmitting those Communications. Homesick GI, Inc. does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by Homesick GI Web site users or endorse any opinions expressed by such users. Homesick GI, Inc does not screen, monitor or approve Communications from our Web site users in advance. If we receive notification about a user regarding Communications which allegedly do not conform to this Agreement, Homesick GI, Inc. has the right, but not the obligation, to investigate the allegations and determine in good faith and at its sole discretion whether to remove or request the removal of the Communication. We have no liability or responsibility to users for performance or nonperformance of such activities. Homesick GI, Inc. reserves the right to expel users and prevent their further access to the Homesick GI Web site for violating this Agreement or violating the law. We have the right, but not the obligation, to remove Communications that are abusive, illegal, disrespectful, disruptive, or otherwise problematic. 11. Homesick GI, Inc. may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Site, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against Homesick GI, Inc. in the event of a dispute arising out of this Agreement, the Site or your use thereof, is to terminate this Agreement by ceasing your use of the Site. In the event of termination of this Agreement, Homesick GI, Inc. may delete and/or store, in its discretion, data associated with your use of the Site. Homesick GI, Inc. may also change, suspend, or discontinue any aspect of the Homesick GI Web site at any time, including the availability of any Web site feature, database, or content. 12. The Homesick GI Web site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any liability arising from its accuracy and any duty or obligation to update this information or any other content. Our Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance, and demand for our products or services, as well as our intentions, plans, and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," believes," "estimates," "seeks," "plans," "intends," and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Homesick GI Web site and the information contained herein do not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents. 13. Homesick GI, Inc. makes no warranty, express or implied, with respect to the content, information, or services provided through, or in conjunction with, the Homesick GI Web site. We make no guarantee of the accuracy, correctness or completeness of any information on the Site, and shall not be responsible for:
You understand and agree that you are responsible for all applicable taxes and for all costs that are incurred in using the Site. We may also, in our sole discretion, add or delete fees associated with the Site. You agree not to resell or assign your rights or obligations under this User Agreement. You also agree not to make any unauthorized commercial use of the Site or to make use of any person's information other than as necessary to complete any transactions in which you are involved. There is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between Homesick GI, Inc. and any user of the service. 15. Gathering email addresses from HomesickGI.com through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with Homesick GI, Inc. should be directed to: john.ellis@HomesickGI.com 16. YOU AGREE THAT YOUR USE OF THE HOMESICK GI WEB SITE IS AT YOUR OWN RISK. THE HOMESICK GI WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION MADE AVAILABE OR DISCUSSED ON OR ACCESSED THROUGH THE HOMESICK GI WEB SITE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL HOMESICK GI, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE HOMESICK GI WEB SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE HOMESICK GI WEB SITE OR ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE HOMESICK GI WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HOMESICK GI, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM HOMESICK GI, INC'S NEGLIGENCE OR GROSS NEGLIGENCE. FURTHER, HOMESICK GI, INC. DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE HOMESICK GI WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED OR AVAILABLE THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HOMESICK GI WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, HOMESICK GI, INC.'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THIS SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. 17. The links found on the Homesick GI Web site will let you leave our Web site and go to sites operated by parties other than Homesick GI, Inc. The linked sites are not under the control of Homesick GI, Inc. and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Such links by the Homesick GI Web site to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by Homesick GI, Inc., or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between Homesick GI, Inc., or any of its affiliates, and any linked third party or their content. Homesick GI, Inc. does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use. 18. By offering a number of third party products and services, including advertisements, on our Site, Homesick GI, Inc. makes no warranties or representations of any kind as to the content or suitability of the subject matter of any web site, product or service from any such third party business or individual. Homesick GI, Inc. expressly disclaims liability for direct, consequential, or incidental damages arising from the products, services, advertisements, actions, or web site content of these and any other third parties, and you waive any claims against Homesick GI, Inc. for damages arising from such transactions or your reliance upon statements contained therein. You will not consider Homesick GI, Inc. nor will Homesick GI, Inc. be construed as, a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that use of such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS HOMESICK GI, INC. LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON THE HOMESICK GI WEB SITE OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITE. 19. The Homesick GI Web site makes chat rooms, forums, message boards, email, user-generated homepages, classifieds, and/or news groups available to its users provided that they abide by the online behavior detailed in this Agreement. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information. We have the right, but not the obligation, to deny the posting of material and to edit, remove, and use any material on our Site. You shall not impersonate someone else, including one of our trained chat hosts, nor use deceptive nicknames that would lead people to believe you are a person, entity, or rank that you are not. You will not stalk others in our chat rooms or in another manner. Such behavior is a serious offense and may be considered a criminal act. 20. This Agreement shall be governed and constructed in accordance with the laws of the State of Mississippi without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Ellisville, MS. 21. Any cause of action you may have with respect to your use of the Homesick GI Web site must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. 22. You shall defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an "Action") against Homesick GI, Inc. and/or each of its affiliates, directors, officers, agents, employees or sublicensees, (collectively, the "Indemnitee") to the fullest extent permitted by law arising out of or in connection with
24. This Agreement and our Privacy Policy contain the entire agreement between you and Homesick GI, Inc. with respect to this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Homesick GI, Inc. with respect to this Site. Any rights not expressly granted herein are reserved. COPYRIGHT The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Homesick GI Web site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights as a collective work and/or compilation, pursuant to international conventions and U.S. and other copyright laws. The names Homesick GI, Inc., Homesick GI, HomesickGI.net, the HomesickGI.com logos are trademarks and/or property of Homesick GI, Inc. that may be registered in certain jurisdictions. Other product and company names mentioned herein may be the trademarks of their respective owners. The contents, and every part thereof, of the Homesick GI Web site are only for your personal, non-commercial use. You do not acquire ownership rights to any content, document, or other materials viewed through our Site. The posting of information or materials on the Homesick GI Web site does not constitute a waiver of any right in such information and materials. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on our Site. Unless otherwise prohibited from doing so, you may download and make one (1) copy of the content and other downloadable items displayed on the Homesick GI Web site for your personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Any copying, republication, or redistribution of Homesick GI Web site content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Homesick GI, Inc. and/or the respective intellectual property rights holder identified in the subject content. Homesick GI, Inc. respects the intellectual property rights of others and expects our users to do the same. The policy of Homesick GI, Inc. is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Homesick GI, Inc.'s Copyright Agent & Counsel with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
Homesick GI, Inc. 167 Glade Paulding Road Ellisville, MS 39437 THE HOMESICK GI WEB SITE IS NOT ENDORSED BY THE FEDERAL GOVERNMENT The Homesick GI Web site has not been approved or endorsed by the United States Federal Government, Department of Defense, any military service branch, or any agency thereof. The products, services, and information offered by the Homesick GI Web site are not being made by an agency of the United States Federal Government. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. |