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Service Agreement
 
This terms of service agreement (here in after referred to as the "Agreement") sets forth the contractual agreement between EliteTech, Inc., DBA IMonsterLance.com, a Louisville corporation having its principle place of business in Louisville, Kentucky (referred to herein collectively as "IMonsterLance.com, "we," "us," "our") and you (referred to herein collectively as "company," "you," "your", "customer", "user" and/or "registered user") who agrees to the terms of this agreement by clicking the "I AGREE" checkbox on the User Registration form. 
 

The following are the terms and conditions for use of the IMonsterLance.com services (including but not limited to, use of this website and any other related services).  The terms and conditions also apply to any new services which may be offered by IMonsterLance.com in the future.

Your use of our services indicates your agreement to abide by our most recent Terms of Service Agreement as displayed on this website.

The IMonsterLance.com service and all related services offered through this website are offered to you conditioned on your acceptance without any modification to the terms and conditions contained in this Agreement.

 
If you do not accept the terms and conditions contained in the Agreement in their entirety, you are not authorized to use this website.
 
PROTECTION OF COPYRIGHTS AND TRADEMARKS

The Website contains trademarks and other material furnished by IMonsterLance.com, its licensors, and other users. You should assume that everything you see or read in publicly viewable areas of the Website that was not furnished or received by you (such as images, photographs, illustrations, text and other materials) ("Website Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Website Content in any way for any public or commercial purpose without prior written consent of IMonsterLance.com or the rights holder. You may not use the Website Content on any other website or in a networked computer environment for any purpose except your own personal viewing. In order to protect IMonsterLance.com and its Licensor's trade secrets, you agree that you will not 'reverse engineer' any Website Content consisting of downloadable software, unless specifically authorized by the trade secret owner or otherwise permitted by law.

 
RELATIONSHIP OF PARTIES

Your relationship and correspondence with users on IMonsterLance.com site, including the development 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 user. You agree not to hold IMonsterLance.com 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 users of the website.

 
OWNERSHIP

The website and all intellectual property rights related to the website, including but not limited to copyrights, trademarks, service marks and any feedback left by users on the website, are owned or licensed by IMonsterLance.com, and all right, title and interest in the website and the related intellectual property rights remain the property of IMonsterLance.com. You may not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the website or any related intellectual property, including any services provided via the IMonsterLance.com website.

 
MODIFICATION OF SERVICE

IMonsterLance.com reserves the right to modify, add, or remove all services and features of the website at any time. 

 
INDEMNIFICATION

You agree that you shall indemnify, defend and hold harmless IMonsterLance.com and its officers, directors, employees, agents, owners and shareholders from and against any costs, expenses (including, among other expenses, reasonable attorneys' fees and expenses), losses, damages (specifically including, but not limited to, incidental, consequential, exemplary, special, indirect or punitive damages), suits, claims or liabilities incurred and arising from or relating to your use of IMonsterLance.com services.

 
TERMINATION OF SERVICE
IMonsterLance.com has the right to instantly cancel with or without warning all unpaid or not fully paid memberships, where payment is required.
 
ASSIGNMENT

You shall not sell, transfer, or assign this Agreement without the prior written consent of IMonsterLance.com.  Any unauthorized transfer or assignment shall be null and void; provided, however, that any such assignment shall not relieve user of its obligations under this Agreement.  IMonsterLance.com has the right to transfer or assign this Agreement to any other person or entity without your consent.

 
MODIFICATION
This Agreement may be modified by IMonsterLance.com at any time.  It is your responsibility to periodically review any updates to this agreement to determine if any modifications affect you or your business. 
 
GOVERNING LAW

Interpretation and enforcement of this Agreement shall be governed by the laws of the Commonwealth of Kentucky.  You consent to jurisdiction in the federal and state courts within Jefferson County, Kentucky, for any action arising out of or relating to your use of IMonsterLance.com services.  The federal and state courts of Jefferson County, Kentucky, shall have exclusive jurisdiction over all such actions.  If any provision of this Agreement shall be held invalid or unenforceable in whole or in part for any reason, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of any of the remaining provisions of this Agreement.

 
ATTORNEY FEES AND COSTS

If any action is brought by you against IMonsterLance.com under this Agreement, and IMonsterLance.com prevails, IMonsterLance.com shall be entitled to recover from you its actual costs and reasonable attorney fees and all other litigation costs, including expert witness fees, and all actual attorney fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding.  The provisions of the preceding sentence shall be severable from the provisions of this Agreement and shall survive the entry of any such judgment.

 
TERMINATION FOR IMPROPER USE

Infractions of this Agreement or the acceptable use policies set forth in this Agreement by you can result in immediate termination of your accounts without reimbursement.  IMonsterLance.com may make exceptions in the case of individual abusive users.  This decision is left entirely to the discretion of IMonsterLance.com.

 
ACCEPTABLE USE POLICY

As consideration for use of the IMonsterLance.com website pursuant to this Agreement, you agree to the following stipulations relating to acceptable use of the IMonsterLance.com website.  You agree not to use the IMonsterLance.com website to:

 

A. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law.

 

B. Impersonate any person or entity, including, but not limited to, a IMonsterLance.com official or employee or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

C. Employ misleading e-mail addresses or falsify information in the header, footer, return path or any part of any communication, including e-mails, transmitted through the IMonsterLance.com website;

 

D. Upload, post, e-mail, otherwise transmit or post links to any content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

 

E. Upload, post, e-mail or otherwise transmit or post links to any content that facilitates hacking;

 

F. Upload, post, e-mail, otherwise transmit or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

 

G. Upload, post, e-mail, otherwise transmit or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, except in those areas that are designated for such purposes;

 

H. Upload, post, e-mail, otherwise transmit or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the IMonsterLance.com website;

 

I. Upload, post, e-mail, otherwise transmit or post links to any content, or select any member or user name or e-mail address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful or racially, sexually, ethnically or otherwise objectionable;

 

J. Upload, post, e-mail, otherwise transmit or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity;

 

K. Collect or store personally identifying information about other users for commercial or unlawful purposes;

 

L. Upload, post, e-mail or otherwise transmit or post links to any material, or act in any manner that is offensive to these stipulations of acceptable use.

 

13. PRIVACY AND CONFIDENTIALITY

 

A. Your use of the website and the services provided therein is governed by the terms of this Agreement and the IMonsterLance.com Privacy Policy, which is incorporated in its entirety by reference into this Agreement. The Privacy Policy is posted on the website and may be updated or revised from time to time. If at any time you are not in compliance with the Privacy Policy, we have the right to terminate your rights of use and access to the website and to terminate this Agreement. We may be required by law to disclose information to government authorities, law enforcement agencies or third parties, upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

 

B. Any Login Identification (Login Name) and password, and any authorization codes or similar verification identifiers should be maintained by you as confidential and should not be disclosed to third parties. It is your responsibility to change your Login Name and password and/or authorization codes, if it becomes necessary, through the "My Account" section of the website.

 

14. MEMBERSHIP FEES

 

IMonsterLance.com users may have a single BUYER profile and multiple SERVICE PROVIDER (PROVIDER) profiles.  BUYER profiles are FREE and as such have no membership fee.  IMonsterLance.com charges membership fees for each active PROVIDER profile. PROVIDER membership fees are automatically renewed, unless deactivated by the subscribing User.  IMonsterLance.com will automatically charge the membership fee to the User's designated credit card and you authorize us to charge such credit card for the appropriate membership fees and amounts stated.  IMonsterLance.com reserves the right to increase membership fees or to institute new fees at any time, upon reasonable notice posted in advance on this Website. The renewal charges will be the same as the regular membership fees as described above, unless otherwise notified in advance, as set forth in this section.

 

Downgrades to a less expensive membership or cancellation of any membership will not result in any refund or credit of fees already paid. Membership fees are charged up-front and no refunds or credits will be given upon cancellation or downgrades. The cancellation of a membership will go into effect at the end of your current billing cycle.

 

15. WARRANTIES

 

A. While IMonsterLance.com makes reasonable efforts to provide its services without errors or inaccuracies on our website, we make no representations as to the accuracy, completeness, error free nature of services/material on the website, or timeliness of those materials/services, and you should not rely upon it.

 

B. The services provided by IMonsterLance.com are "AS IS," "WHERE IS."  IMonsterLance.com DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE PROVIDED BY IMonsterLance.com UNDER THIS AGREEMENT.

 

C. IN ADDITION, IMonsterLance.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE RELIABILITY, IDENTITY, OR QUALITY OF ANY USER OR THIRD PARTY YOU MAY ENCOUNTER ON OUR WEBSITE, NOR DOES IMonsterLance.com MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY POSTINGS MADE ON THE WEBSITE BY ANY USER. 

 

D. Each party represents and warrants that it has the right and/or full corporate power and authority to enter into this Agreement.

 

16. LIMITATION OF LIABILITY

 

YOU AGREE TO USE THIS WEBSITE, ANY OR ALL OF OUR SERVICES PROVIDED ON IT, OR LINKS FROM OUR WEBSITE AT YOUR OWN RISK.  IMonsterLance.com is not responsible or liable for any LOSS WHATSOEVER that you may incur by using our services or any material from our website.

 
UNDER NO CIRCUMSTANCES, SHALL IMonsterLance.com OR ANYONE ELSE INVOLVED IN ADMINISTERING, DISTRIBUTING OR PROVIDING IMonsterLance.com SERVICES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR LOST PROFITS OR DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE IMonsterLance.com SERVICES, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO IMonsterLance.com RECORDS, PROGRAMS OR SERVICES, OR LOSSES OR DAMAGES INCURRED BY YOU FROM VISITING THIRD PARTY WEBSITES THAT YOU ACCESS THROUGH OUR WEBSITE, EVEN IF IMonsterLance.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. 
 

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, IMonsterLance.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL IMonsterLance.com' LIABILITY TO YOU EXCEED THE AGGREGATE AMOUNTS PAID BY YOU TO IMonsterLance.com FOR ITS SERVICES DURING THE PREVIOUS SIX MONTHS. 

 
17. INFORMATION POSTED ON THE IMonsterLance.com WEBSITE
 

A. You are solely responsible for information that you post on the IMonsterLance.com website, including but not limited to any posting or listing in any public message area or through email.  You grant IMonsterLance.com a non-exclusive, full, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to information you post on the IMonsterLance.com website.  IMonsterLance.com does not endorse any information posted by users and we are not liable for any information posted by users on our website, including but not limited to any information posted about you. IMonsterLance.com reserves the right to take any action with respect to information posted on our website which we believe is appropriate in our sole discretion with respect to such information, including but not limited to termination of this Agreement. However, IMonsterLance.com cannot, and we do not, control the information provided by you or other users or other content providers that is made available through our website and services.  Other users' information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled. In addition, Information on the IMonsterLance.com website is provided "AS IS" "WHERE IS," and may contain errors.

 

B. The IMonsterLance.com website provides links to other websites as part of the services and content on this website. The links include those submitted by the users of this website. These links will allow you to leave this website. Any non-IMonsterLance.com website is independent from IMonsterLance.com and IMonsterLance.com has no control over the content of any such sites. IMonsterLance.com is NOT RESPONSIBLE OR LIABLE for any content on or any changes to these external websites. IMonsterLance.com makes no representations whatsoever about any other website that you may access through the IMonsterLance.com website.

 

C. You understand and agree that by providing a link to a non IMonsterLance.com (any website outside the IMonsterLance.com domain) website, IMonsterLance.com DOES NOT ENDORSE OR ACCEPT ANY RESPONSIBILITY for the content, or the use of such sites. You also understand that it is solely your responsibility to make sure that any non-IMonsterLance.com website you may access through the IMonsterLance.com website or services is free from any content of destructive nature including but not limited to robots, viruses, trojan horses, time bombs, trapdoors and worms.  IMonsterLance.com is not responsible or liable for any material or transmission that you may receive (both electronic and non-electronic) from any of these other websites. IMonsterLance.com WILL IN NO EVENT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR USE OF ANY HYPER LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOSS OF ANY DATA OR OTHER PROGRAMS, ANY LOST PROFITS, ANY LOST BUSINESS OR LOSS OF ANY OTHER NATURE WHATESOEVER, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

 
18. ENTIRE AGREEMENT
 

The parties acknowledge that this agreement, and any modifications to this agreement, constitute the complete agreement regarding this subject and supersedes any prior oral or written communications relating to this subject.