1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE. Hit Harvester and subsidiary web properties are owned and operated by UOweb Systems (uoweb.com). Service is provided to the member of the community the following Terms of Service and any operating rules or policies that may be published by hitharvester.com. The Terms of Service comprise the entire agreement between Member and Hitharvester and supersede all prior agreements between the parties, regarding the subject matter contained herein. By participating in the registration process, members are indicating their agreement to be bound by all of these Terms of Service. .
2. DESCRIPTION OF SERVICE. Hit Harvester is providing member with the capabilities of increasing personal website traffic in exchange for advertising revenues, and increasing other web developer's website traffic. Hit Harvester collects online behavior statistical information for our members. Examples of information that we collect, other than through the registration form, include URL of visited pages, registration for offerings and IP addresses. Upon termination of the online session, closing of the browser and/or termination of your membership, this information will no longer be collected. We gather this information to improve the administration of the services and to increase and to increase the overall security and integrity of the hitharvester system. Hit Harvester retains the right to terminate Memberís membership and rights to use the Service. Termination may happen for any reason, however is generally associated with violating the terms of service that hitharvester has set out.
3. MODIFICATIONS TO TERMS OF SERVICE. Hit Harvester may change these Terms of Service from time to time. Upon any change in these Terms of Service, hitharvester is not responsible for notifying any user of these changes as we find it the responsibility of the user to be aware of the community rules at all times. . Memberís continue usage of hitharvester is subject to following these terms, failure to comply will result in immediate removal.
4. MEMBER SITES. Member acknowledges and agrees that HitHarvester neither endorses the contents of any Member sites or pages nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY. Member is entirely responsible for the maintenance and the confidentiality of his/her Member login name and password. In cases where users loose/forget their username or password we ask that your e-mail and request your login information. Hit Harvester does not make any users login information accessible via the web due to potential security violations.
6. DISCLAIMER OF WARRANTY. SERVICE IS DEEMED ACCEPTED BY MEMBER. THE SERVICE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HITHARVESTER FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT, HITHARVESTER MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBERíS REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; HITHARVESTERDOES NOT PROVIDE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. HITHARVESTER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTEREd INTO THROUGH THE SERVICE. IN NO EVENT SHALL HITHARVESTER OR ITS BUSINESS PARTNERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES, LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF HITHARVESTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO MEMBER.
7. LIMITATION OF LIABILITY. HITHARVESTER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBERíS TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS PROFITS, USE, DATA OR OTHER INTANGIBLE ASSETS.
8. COPYRIGHT. All part of hitharvester.com are copyrighted material and are owned by UOweb Systems. Any usage of such intelectual property (excluding referral banners) shall result in immediate action on part of hitharvester.
9. Purchaser Warranties. HitHarvester soley makes no guarantee on the quality of advertising forth coming from clickthru credits, banner impressions or popunder ads. Hit Harvester remains a strict NO REFUND policy. HitHarvester had maintained a return policy back in February 2001, due to rampant over usage of this we eliminated returns on goods and services purchased. Any person/organization purchasing credits, banner impressions, or popunder ads hereby forfeits any and all legal rights to hitharvester.com. By joining hitharvester.com (and purchasing from hitharvester) you agree to not take any legal action for any reason against hitharvester.com or any of its subsidaries. Essentially this means hitharvester is not legally responsible for any loss you may incurr as a result of making a purchase from hitharvester.com. These terms of condition are binding on all parties whether known or not since all parties agree to the hitharvester terms of condition upon joining.
10. MEMBER CONDUCT. Member is solely and fully responsible for the contents of his/her transmissions through the Service. Members use of the Service is subject to all applicable local, state, and international laws and regulations. Member agrees to:
11. INDEMNIFICATION. Member agrees to indemnify and hold Hitharvester, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Memberís use of the Service, the violation of these Terms of Service by Member, or the infringement by Member, or other user of the Service using Memberís computer, of any intellectual property or other right of any person or entity.
12. TERMINATION. If Member objects to any of these Terms of Service or any subsequent modifications thereto or becomes dissatisfied with the Service in any way, Memberís only recourse is to immediately: (1) discontinue use of the Service; and (2) terminate Service membership.
13. GOVERNING LAWS. These Terms of Service shall be governed by and construed in accordance with the laws of the province of Alberta, Canada. Member or Advertiser and Hitharvester agree to submit to the exclusive jurisdiction of the courts of the province of Alberta, Canada. Hitharvester's failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hitharvester in writing. Member and Hitharvester agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred.
14. AGREEMENT NOT TO BRING OR PARTICIPATE IN CLASS ACTIONS: To the extent permitted by law, you agree not to bring, join or participate in any class action as to any claim, dispute or controversy you may have against us or our agents, servicers, directors, officers and employees. You agree to the entry of injunctive relief to stop such lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs we incur in seeking such relief. This agreement is not a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This agreement not to bring or participate in class action suits is an independent agreement and shall survive other relationships.