Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
Restrict, suspend, or terminate your access to all or any part of our Services;
Change, suspend, or discontinue all or any part of our Services;
Move, remove, or refuse any content that is available on our web site;
Move, remove, or refuse any material that you submit to our web site for any reason;
Deactivate or remove your accounts and all information in all formats related to your accounts;
Establish general practices and restrictions concerning use of our web site.
By using our web site you agree that we will not be liable to you or any third party for taking any of the above actions.
Our web site contains a mix of content created or referenced by us and our users. All materials posted on our web site, including, but not limited to, written content, graphics, images, photographs, illustrations, logos, marks, video or sound clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners.
You may not publish, modify, participate in the transfer or sale of, reproduce, transmit, create derivative works of, distribute, publicly display, publicly perform, or in any way exploit any of the content or materials on our sites in whole or in part.
You understand and agree that you are solely responsible for all content and materials, whether privately transmitted or publicly published, that you post, upload, e-mail, transmit, or otherwise make available on our web site ("Your Content"). You certify that Your Content belongs to you and you own all intellectual property rights in Your Content. You hereby grant us, our partners, and our affiliates a global, royalty-free, irrevocable, nonexclusive, sublicensable license to reproduce, use, create derivative works of, publicly display, publicly perform, distribute, distribute, transfer, transmit, and publish Your Content and any subsequent versions of Your Content for the purposes of (i) displaying Your Content on our web site, (ii) distributing Your Content, via any media including but not limited to electronic media, to users wishing to download or otherwise obtain it, and/or (iii) storing Your Content in a remote database accessible by end users, for a fee. This license shall apply to the distribution and the storage of Your Content in any medium, form, or technology known now or developed later.
Our web site contains content and materials created by us and third parties. This content and materials contain, among other things, white papers, product reviews, and stock quotes. It also contains different information about services and products offered by third parties other than TopResultsAcademy.com, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the integrity, the accuracy, or the quality of the content on our web site. In addition, you may not rely on any of this content and materials. Without limitation, we are not responsible for any materials posted by our users and visitors in product reviews, message boards, feedback sections, or any other parts of our web site.
On our web site you may find materials and content that you find indecent, offensive, or objectionable or that is inaccurate, and you bear all risks associated with using that content and materials. We have the right, but not the obligation, to remove any content that may, in our sole discretion,
violate these Terms or that is otherwise objectionable.
Our web site contains links to other third party web sites owned by other parties. You understand and agree that your use of any of those sites is subject to the terms and/or conditions, if any, that each of those web sites has published. We don't have any control over third party web sites, and we are not responsible for any content posted on those web sites or any modifications and changes to them. Including any third-party content on our web site or posting any links to third-party web sites is not an endorsement of that third-party web site or any content from it.
We do not sell, resell, or license any of the products or the services that are reviewed, listed, or advertised on our web site, and we disclaim any responsibility for or liability related to them. Your relationships, correspondence, communications, or any other activities with third parties, including, but not limited to, payment transactions and/or goods-delivery transactions, are solely between you and that third party. You understand and agree that we will not be responsible or liable for any damage or loss of any type incurred as the result of any transactions between you and any third parties. Any issues, claims, questions, or complaints regarding any service or product should be directed to the appropriate third party.
The software and the technology behind our web site and the Services we provide is the property of TopResultsAcademy.com and our partners. You agree not to copy, rent, loan, lease, modify, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the software or technology behind our web site or our Services. You agree not to modify the software underlying our web site in any way or form or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorised access to our web site.
Without limiting the above-stated, you understand and agree that you will not use our web site to take any of the below actions:
- Post, publish, e-mail, upload, distribute, or disseminate (collectively, "Transmit") any profane, inappropriate, discreditable, obscene, infringing, indecent, or unlawful content;
- Transmit files containing viruses, corrupted files, or any other similar programs or software that may damage or adversely affect the operation of our web site, other people's computers, any hardware or software, or any equipment;
- Abuse, defame, threaten, harass, or otherwise violate the legal right of others;
- Offer to sell or advertise any services or goods for any commercial purpose unless you have our written consent to do so;
- Download any file that you know or reasonably should know cannot be legally downloaded in such manner;
- Transmit spam, contests, surveys, pyramid schemes, unsolicited advertising or promotional materials, or chain letters;
- Falsify or remove any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or the source of any material, including but not limited to, software;
- Obtain, collect, or store any personal information about other users;
- Hinder or restrict any other user from using and enjoying any public area within our web site;
- Do anything causing unreasonably or disproportionately large load on our server infrastructure;
- Disrupt or interfere with our web site, servers, or networks;
- Forge any headers or manipulate identifiers or any other data to disguise the origin of any material transmitted through our web site or manipulate your presence on our web site;
- Impersonate entity or person, including, but not limited to, a TopResultsAcademy.com representative, or falsely misrepresent or otherwise state your affiliation with a person or entity;
- Engage in any illegal activities.
You understand and agree to use our review areas, bulletin board services, classifieds, news groups, communities, forums, and/or communication or message facilities (collectively, the "Forums") only to send and receive proper material and messages related to a particular Forum.
If you use a username that, in our sole discretion, decisive, indecent, abusive, is obscene, or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete any content you posted on our web site, revoke your access to our web site, or undertake any combination of these options.
Using or accessing our web site in a unauthorized manner breaches these Terms and violates the law. You agree not to use or access our web site by any means other than through the interface provided by TopResultsAcademy.com. You agree not to use or exploit any automated tools or means, including, without limitation, robots, agents, scripts, or spiders, to monitor, access, or copy any part of our web site.
Use of our web site is subject to existing laws and legal procedures. These Terms do not limit our right to comply with court, governmental, and
law-enforcement requests or requirements in regard to how you use our web site.
If you think that content you own has been copied and made accessible in a way that violates your intellectual property rights, please read our Copyright notice.
You hereby agree to defend, indemnify, and hold TopResultsAcademy.com and all of our directors, officers, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "TopResultsAcademy.com Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any of the TopResultsAcademy.com Parties in connection with any claim arising out of any breach by you of these Terms or the representations, warranties and covenants contained herin or otherwise relating to your use of our web site, including, without limitation, attorneys' fees and costs.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you and you shall not in any event settle any matter without the written consent of TopResultsAcademy.com, and you agree to cooperate with our defense of these claims.
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our web site. We disclaim any responsibility for, and if you subscribe to one of our fee-based Services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our web site; failures of our service providers (including hosting, telecommunications, and power providers); computer viruses; natural disasters or other destruction or damage of our facilities; or acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR WEB SITE. OUR WEB SITE AND ITS CONTENT IS DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEB SITE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR WEB SITE WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEB SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR WEB SITE AND THE ACCURACY OR THE COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR THE NABILITY TO USE OUR WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. WITH SUCH JURISDICTIONS, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
TopResultsAcademy.com may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the Institute of Arbitrators & Mediators Australia. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Melbourne, Victoria, Australia and judgement on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Melbourne, Victoria, Australia, necessary to protect the rights or the property of you or TopResultsAcademy.com (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and TopResultsAcademy.com and govern your use of our web site, and supersede any prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of Australia, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Melbourne, Victoria, Australia, if seeking interim or preliminary relief or enforcement of an arbitration award. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.