Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on October 22, 2008
This Terms of Use Agreement (the “Agreement”) sets forth the standards of use of the Alternative Growth Streams, Inc. (“AGS”), online service (the “Service”). By using AGS’s website, easygettingmorepatients.com (the “Website”), you (the “Member”) agree to the terms and conditions hereinbelow. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this Website. AGS reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Website. Your continued use of the Service on the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
AGS is providing each Member with Internet-based marketing. Each Member must (1) provide all equipment necessary for their own Internet connection, including computer and modem, (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.
Disclaimer of Warranties
The Website is provided by AGS on an “as is” and an “as available” basis. To the fullest extent permitted by applicable law, AGS makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise. AGS MAKES NO WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AND AGS MAKES NO WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED AND ERROR-FREE, AND MEMBER WAIVES ANY SUCH WARRANTIES AGS disclaims all warranties with regard to the information provided in the Website, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. For jurisdictions that do not allow the exclusion of implied warranties, the above-referenced exclusion may not be applicable.
Limitation of Liability
AGS shall not be liable for any damages whatsoever, and in particular AGS shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or anticipated profits, or loss of use, arising out of, or related to, the Website or the information contained therein, whether such damages arise in contract, in tort, under statute, in equity, at law, or otherwise, even if AGS has been advised of the possibility of such damages. FOR JURISDICTIONS THAT DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT BE APPLICABLE.
Indemnification
Member agrees to indemnify and hold harmless AGS, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, and agents from any claims, causes of action, damages, demands, lawsuits, liabilities, losses, and expenses (including reasonable attorney’s fees) made by any third-party and which arise or purport to arise from Member’s use of the Website or the Service, Member’s violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property right or any other right of any person or entity Additionally, Member agrees to release, indemnify, and hold harmless AGS, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, and agents from any claims, causes of action, damages, demands, lawsuits, liabilities, and expenses (including reasonable attorney’s fees) which arise from any other acts, not listed above, of Member or Member’s agents, representatives, affiliates, or guests.
Modifications and Interruption to Service
AGS reserves the right to modify or discontinue the Service with or without notice to the Member. AGS shall not be liable to Member or any third-party should AGS exercise its right to modify or discontinue the Service. Member acknowledges and accepts that AGS does not guarantee continuous, uninterrupted, or secure access to the Website; and operation of the Website may be interfered with, or adversely affected by, numerous factors or circumstances outside of the control of AGS.
Third-Party Sites
The Website may include links to other sites on the Internet that are owned and operated by online merchants and other third-parties. Member acknowledges that AGS is not responsible for the availability of, or the content located on or through, any third-party site. Member should contact the site administrator or webmaster for those third-party sites if Member has any concerns regarding such links or the content located on such sites. Any use of those third-party sites is subject to the terms of use and privacy policies of each such site, and AGS is not responsible for any such sites or Member’s use thereof. AGS encourages all Members to review said privacy policies of any third-party sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have been either provided by the Vendors or collected from publicly available sources. While AGS makes every effort to ensure that the information on this Website is accurate, AGS can make no representations or warranties as to the accuracy or reliability of any information provided on this Website.
AGS makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and Member acknowledges that any reliance on representations and warranties provided by any Vendor shall be at Member’s own risk.
Jurisdiction
The Website is operated and provided in the State of Georgia. As such, AGS is subject to the laws of the State of Georgia, and such laws and any applicable federal law will govern this Agreement, without giving effect to any choice of law rules. AGS makes no representation that the Website or Services are appropriate, legal, or available for use in other locations. Accordingly, each Member who chooses to access the Website agrees to do so subject to the laws of the State of Georgia.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable local, state, federal, or international laws, regulations, or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law or regulation.
Copyright and Trademark Information
All content included or available on the Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted, ©2007 Alternative Growth Streams, Inc., with all rights reserved, or is the property of AGS and/or third-parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, and any form of data extraction or data mining, reverse engineering, or other commercial exploitation of any kind, without prior written permission of an authorized officer of AGS, is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device or manual process to monitor or copy the web pages on the Website or the content contained therein without prior written permission of an authorized officer of AGS.
Alternative Growth Streams, Inc.™ and Alternative Growth Streams Inc.com™ are proprietary marks of AGS. The trademarks of AGS may not be used in connection with any product or service that is not provided by AGS and may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits AGS.
All other trademarks displayed on the Website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the websites of vendors is not intended to imply, directly or indirectly, that those vendors endorse, or have any affiliation with, AGS.
Further, Member agrees to take no action or fail to take any action, which would adversely affect any copyright, trademark, or other proprietary mark that AGS may own or have, including, without limitation, the Website and other proprietary marks listed above, or any other proprietary interest AGS may have.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, AGS designates the following address of its agent for receipt of notifications of claimed copyright infringement:
By Mail:
410 Misty Ridge Way
Woodstock, GA 30189
By Telephone: 404-348-0273
By Email: compliance@ags-4grwth.com
Botnets
AGS retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, AGS reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at its discretion.
Other Terms
If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable without being impaired or invalidated in any way. Member agrees that this Agreement and any other agreements referenced herein may be assigned by AGS, and shall be binding on AGS and Member and their successors and permitted assigns, in AGS’s sole discretion, to a third-party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other agreement between the Member and AGS in relation to the Member’s participation in the Service as a Member. Member agrees that by accepting the terms of this Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in the Privacy Policy of AGS, as set forth in the Website.
This Agreement supersedes all other agreements, either oral or in writing, between the parties with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to the membership hereunder Both AGS and Member acknowledge that no representations, inducements, promises, or agreements, orally or otherwise, have been made by either party, or by anyone acting on behalf of either such party, that are not embodied in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding
Failure or delay of either party herein to insist upon compliance with any provision hereof shall not operate as, and is not to be construed as, a waiver of amendment of such provision or the right of the aggrieved party to insist upon compliance with such provision or to take remedial steps to seek relief for noncompliance Any express waiver of any provision of this Agreement shall not operate, and is not to be construed, as a waiver of any subsequent breach, whether occurring under similar or dissimilar circumstances.
This Agreement or any section thereof shall not be construed against AGS due to the fact that said Agreement or any section thereof was drafted by AGS. Section and other headings contained in this Agreement are for reference purposes only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof.
