1. ACCEPTANCE OF TERMS
Load.com (LOAD) provides its service to you, subject to the following Terms of Use ("TOU"), which may be
updated by us from time to time without notice to you. In addition, when using particular LOAD services, you and LOAD shall be subject to any posted
guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOU.
2. DESCRIPTION OF SERVICE
LOAD provides users with access to e-mail communication tools through its network of e-mail properties (the "Service"). You also understand and
agree that the Service may include advertisements and that these advertisements are necessary for LOAD to provide the Service. You also understand and agree
that the service may include certain communications from LOAD, such as service announcements, administrative messages and the LOAD Newsletter, and that these
communications are considered part of the membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service shall be subject to the TOU. You understand and agree that the Service is provided "AS-IS" and
that LOAD assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You
are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You
are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or LOAD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LOAD has the right to
suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. LOAD PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a)
immediately notify LOAD of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account
at the end of each session. LOAD cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not
LOAD, are entirely responsible for all Content that you upload, e-mail, transmit or otherwise make available via the Service. LOAD does not control the
Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will LOAD be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any
Content e-mailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a LOAD official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
- upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as
shopping rooms) that are designated for such purpose (please read our complete Spam Policy);
- upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge, consent and agree that LOAD may access, preserve, and disclose your account information and Content if required to do so by law or in a
good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to
claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or
personal safety of LOAD, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected,
and use of these materials is subject to usage rules set by LOAD and/or content providers who provide content to the Service. You may not attempt to override
or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the
materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. INDEMNITY
You agree to indemnify and hold LOAD, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, e-mail, transmit or make
available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of
another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your e-mail
address or User I.D.), use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that LOAD may establish general practices and limits concerning use of the Service, including without limitation the maximum number of
days that e-mail messages will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the
Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted
on LOAD's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
You agree that LOAD has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained
or transmitted by the Service. You acknowledge that LOAD reserves the right to log off accounts that are inactive for an extended period of time. You further
acknowledge that LOAD reserves the right to modify these general practices and limits from time to time.
11. MODIFICATIONS TO SERVICE
LOAD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that LOAD shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. TERMINATION
You agree that LOAD may, under certain circumstances and without prior notice, immediately terminate your LOAD account, any associated e-mail
address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other
incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended
periods of inactivity. Termination of your LOAD account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and
all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further,
you agree that all terminations for cause shall be made in LOAD's sole discretion and that LOAD shall not be liable to you or any third-party for any
termination of your account, any associated e-mail address, or access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you
and such advertiser. You agree that LOAD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because LOAD has no control over such sites and
resources, you acknowledge and agree that LOAD is not responsible for the availability of such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and
agree that LOAD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. LOAD'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by LOAD or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in part.
LOAD grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than through the interface that is provided by LOAD for use in accessing the
Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOAD EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LOAD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOAD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOAD SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOU, there shall be no third party beneficiaries to this Agreement.
20. NOTICE
LOAD may provide you with notices, including those regarding changes to the TOU, by either e-mail, regular mail, or postings on the Service.
21. OWNERSHIP
The trademarks, logos, icons, and service marks displayed on LOAD's website (collectively, the "Marks") belong to LOAD and others. LOAD and all other trademark owners retain all rights in and to the Marks, and nothing in these Terms of Use grants you or anyone else any right whatsoever to the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent.
Unless expressly stated on the Service, you should assume that all content, images, and materials appearing on this website (collectively, the
"Content") are the sole property of LOAD. Such Content is protected by both U.S. and international copyright laws and treaties. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, technical
information, or products or services that are part of Service except as expressly provided in the TOU. You may not link to any page within our website or frame any portion of the site without LOAD's prior written consent.
22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
LOAD respects the intellectual property of others, and we ask our users to do the same. LOAD may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide LOAD the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
LOAD claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
LOAD, LTD
6325 McLeod Drive, Suite 8
Las Vegas, NV 89120
By phone:
(702) 898-1234
By fax:
(702) 435-7425
23. GENERAL INFORMATION
Entire Agreement. The TOU constitute the entire agreement between you and LOAD and govern your use of the Service, superceding any prior agreements between you and LOAD. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LOAD services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOU and the relationship between you and LOAD shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and LOAD agree to submit to the personal and exclusive jurisdiction of the courts located within the Clark County, Nevada.
Waiver and Severability of Terms. The failure of LOAD to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your e-mail account is non-transferable and any rights to your e-mail address or User I.D. or contents within your e-mail account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
24. VIOLATIONS
Please report any violations of the TOU to abuse@load.com.