WEB SITE TERMS AND CONDITIONS OF USE AGREEMENT In General This Web site is provided to you by All Enthusiast, Inc.. Access to and use of this Web site and the services available at this Web site are subject to the following terms and conditions as set forth in this notice. By accessing or using the Web site or downloading materials from the Web site, you agree to be legally bound by the terms and conditions set forth below without any modification. Please, review them carefully. If you do not agree to the terms, do not use this Web site. Best Viewing Practices This site makes use of dynamic HTML and is designed to display properly in Internet Explorer 5.0 and Netscape 6.0. For Netscape 4.7 users, we recommend upgrading to the most recent browser for optimal site viewing and performance. Intellectual Property The copyright in this entire Web site is held by All Enthusiast, Inc.. All material provided on this Web site is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this Web site may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of All Enthusiast, Inc. Individual visitors of this Web site are permitted to download or print one copy of material published on this Web site solely for their personal, non-commercial use, provided that they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. All Enthusiast, Inc. does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws. The trademarks, logos and service marks (collectively referred to as "Trademarks") displayed on this Web site are claimed by All Enthusiast, Inc. and no trademark license, either express or implied, is granted by All Enthusiast, Inc. You do not have any right to use any Trademark or Service Mark displayed on this Web site except as expressly provided under the doctrine of Fair Use without the prior written permission of All Enthusiast, Inc. Trademarks are one of our most valuable business assets. In the event of unauthorized use or misuse of its Trademarks All Enthusiast, Inc. will pursue its legal remedies without delay. Electronic Information Submitted to this Web site. Any communication or material other than your personal information submitted to this Web site by electronic mail is the exclusive property of All Enthusiast, Inc. and is considered to be non-confidential and non-proprietary. Such communication may include without limitation questions, comments, suggestions and ideas. All Enthusiast, Inc. shall be free to use them for any purpose whatsoever without restriction or compensation. Under federal law, namely the relevant provisions of the Communications Decency Act, All Enthusiast, Inc. assumes no responsibility for or is otherwise legally responsible for remarks posted upon this Web site by third parties, even if those remarks are defamatory. All Enthusiast, Inc. allows third parties to post their opinions on this site. All Enthusiast, Inc. will not censor these opinions nor will it investigate the remarks for accuracy. However, in certain situations, outlined below, All Enthusiast will remove postings by third parties (“posters” or “users”), including: (1) All Enthusiast, Inc. is presented with a valid court order from a court of competent jurisdiction ordering the removal of the posting; (2) All Enthusiast, Inc. is presented with a valid court order from a court of competent jurisdiction finding that the posting is slanderous, libelous, defamatory or otherwise illegal; (3) All Enthusiast, Inc. is presented with a settlement agreement, resolving a dispute between the poster and any third party(ies) complaining about the posting, mandating that the posting be removed; (4) The posting contains vulgar, profane, or obscene language; (5) The posting contains adult material, including but not limited to, graphic images, written images, or links thereto; (6) The posting does not relate to a valid commercial transaction and is not the type of posting for which the Web site is intended, namely rating the resellers of products or services; (7) The posting contains personal identifying information about another user of this Web site; (8) The posting was posted by a user who submitted false contact information during the registration process and All Enthusiast, Inc. is unable to contact the poster/user; and (9) Multiple copies of the same posting; or (10) The posting references a commercial transaction that did not occur. If you believe that a user has posted material which meets one of the above conditions, contact All Enthusiast, Inc. using our <A href="http://www.resellerratings.com/forum/sendmessage.php">online form</a>, or write to us at the address provided below. Disclaimer THE INFORMATION IN THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL ENTHUSIAST, INC. SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THIS WEB SITE. All Enthusiast, Inc. is constantly improving its products and services and reserves the right to make such improvements or changes to this Web site, the materials, products, services or prices posted in this Web site without prior notice as it deems necessary. As a convenience to you, All Enthusiast, Inc. may provide links to Web sites operated by others. All Enthusiast, Inc. makes no representations about Web sites accessed from this Web site which are not maintained, controlled or created by All Enthusiast, Inc. and does not endorse any linked Web sites or the information appearing thereon. Links do not imply that All Enthusiast, Inc. is affiliated with or associated with such linked Web sites, their owners or operators, or any related companies. Indemnity You agree to indemnify, hold harmless, and defend All Enthusiast, Inc., it subsidiaries, affiliates, or any related companies (including those which share substantially common ownership), and its officers, directors, employees, agents, insurers, and representatives of any of them (collectively the “Release Parties”) from any an all claims, demands, actions, causes of action, suits, sums of money, judgments, controversies, and liabilities whatsoever, at law or in equity, arising from or in any way resulting from my use of this Web site. No Agency You and All Enthusiast, Inc. are independent contractors, and no agency, partnership, joint venture, employee/employer or franchiser/franchisee relationship shall be deemed to exist, or is intended to exist by this Agreement. Dispute Resolution You agree that in the event a dispute arises concerning your use of resellerratings.com, or any other program or service offered by All Enthusiast, Inc., that such dispute shall be resolved via an arbitration process. Unless the parties specifically agree otherwise in writing, such arbitration shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Further, you agree that any such arbitration shall be settled on an individual basis, and unless the parties agree otherwise in writing shall not be consolidated in any arbitration or suit with any claim or controversy of another party. You agree that all arbitration proceedings will be conducted at Dallas, Texas. You further agree that any interim or preliminary relief sought shall be brought in a court of competent jurisdiction in Dallas County, Texas. Choice of Law You agree that any dispute arising under this Agreement shall be governed by the laws of the state of Texas. No Guarantee of Continuous Use We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be stopped due to factors outside our control. Survival In the event one part of this Agreement is found to be invalid, the other provisions shall remain valid and enforceable. Agreement Your use of this Web site signifies your agreement to be bound by the terms of this Agreement. Contact All Enthusiast, Inc. You can direct any questions concerning these Terms and Conditions of Use to: Via E-mail: http://www.resellerratings.com/forum/sendmessage.php Via U.S. or International Mail: All Enthusiast, Inc. P.O. Box 10157 American Canyon, CA 94503