Effective Date: September 13, 2007
Welcome to the Child Support Solutions website, which is located at dontgetmadgetpaid.com (the "Website"). This Terms of Sevice ("TOS") contains the terms and conditions that givern your use of the Website. This TOS describes your rights and responsibilities and what you can expect from the website. Use of the Child Support Solutions Website consitutes your acceptance of and agrement of the TOS.
dontgetmadgetpaid.com reserves the right to add, delete, and/or modify any of the terms and conditions contained in the TOS, at any time and in its sole discretion, by passing a change notice or a new agreement on the Child Support Solutions Website. In the event of substanive changes to this TOS, you may be notifies by email. If any modifiction is unacceptable to you, your only recourse is not to use the Website, and the dontgetmadgetpaid.com service. Your use of the Child Support Solutions Website following posting of a change notice or new TOS on the Website will constitute binding acceptance of the changes.
Use of the Website and Services
-Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of the TOS, the applicable agreements and policies reffered to below, and all applicable lawas, regulations and rules when you use the Website and/or Services.
-Your License to Use the Website and Services
(a) Child Support Solutions solely and exclusively owns all intellectual property and other rights, title and interest in and to the Child Support Solutions Service and Website, except as expressly provided in the TOS. For example and without limitation Child Support Solutions owns the trademarks dontgetmadgetpaid.com, Child Support Solutions, "Don't Get Mad Get Paid", CSS EZ Products & Services; the copyrights in and to the website, and certain technology used in the Child Support Solutions Service. You will not aquire any right, title, or interest therin under otherwise to any intellectul property owned by Child Support Solutions.
(b) Child Support Solutions grants you a limited revocable license to acess and use the Website and Services for its intended purposes, subject to you compliance with this TOS. This license does not include the right to collect or use information contained on the website for purposes prohibited by dontgetmadgetpaid.com;to compete with dontgetmadgetpaid.com; to create derivated works of the content of the Website; or to dowload or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, Child Support Solutions may revoke the license granted to you.
-Third-Party Services
Child Support Solutions may use third parties to provide certian services accessible throught the Website. Child Support Solutions does not control those third parties or their services, and you agree that Child Support Solutions will not be liable to you in any ay for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms abd policies as this TOS when you use those services. If any such terms or policies conflcit with Child Support Solutions agreements or policies, you must comply with Child Support Solutions TOS, agreement or policies as applicable.
General Rules
-Prohibited Use
You may only use the Child Support Solutions Service as expressly permitted by dontgetmadgetpaid.com. You may not cause harm to the Website or the Child Support Solutions Service. Specifically, but not by way of limitation you may not: (i) interfere with the Child Support Solutions Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Child Support Solutions Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the website, except in operation or use of an internet search engine, hit counters or similar technology; (iv) collect electronic mail adresses or other information from third parties by using the Child Support Solutions Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain dontgetmadgetpaid.com's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Child Support Solutions Service; or (viii) assist or encourage any third party engaging in any activity prohibited by this TOS.
-Privacy Policy
By entering into this TOS, you agree to dontgetmadgetpaid.com's collection, use and disclosure of your personal information in accordance with the Privacy Policy.
-Ordering Policies
If you purchase products or services, you agree to do s oin accordance with dontgetmadgetpaid.com's ordering policy and instruction on the Website. Title to the products you purchase passes to you when the products are delivered to the common carrier.
Reservation of Rights
-Monitering
dontgetmadgetpaid.com reserves the right, but does not assume the obligation, to monitor transactions and communications that occur throught the Website. If dontgetmad.com determines in its sole and absolute discretion, that you or another dontgetmadgetpaid.com user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, dontgetmadgetpaid.com may cancel such transactions or take any other action to restrict acess to or the availability of any material that may be considered objectionable, without liability to you or any third party.
-Modification of the Service
dontgetmadgetpaid.com reserves the right to modify the organization, structure or "look and feel" of the Child Support Solutions Sevice or the Website, and may change, suspend or discontinue any aspect of the Child Support Solutions Service at any time without any liability to you or any third party. dontgetmadgetpaid.com shall ahve complete discretion ove the featuresm functions, prices and other terms and conditionson which the Child Support Solutions Service is offered to dontgetmadgetpaid.com users.
Submissions
When you submit questions, comments, suggestions, ideas, messgae board postings, material submitted via web forms, contest entries, communications or an other information ("Submisssions") you grant dontgetmadgatpaid.com permission to use such Submissions for marketing and other promotional purposes including the right to sublicense. You agree that dontgetmadgetpaid.com wil have no obligation to keep Submissions confidential. You will not bring a claim against dontgetmadgetpaid.com or Child Support Solutions on moral rights or the likes arising from dontgetmadgetpaid.com's use of a submission.
Representations and Warranties
-Mutual Representations and Warranties
You represent and warrant to dontgetmadgetpaid.com and dontgetmadgetpaid.com represents and warrants to you: (i) that you or it it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which this is bound and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforeable in accordanc with its terms and conditions.
-By You
You represent and warrant to dontgetmadgetpaid.com that, in your use of the Child Support Solutions Service you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to dontgetmadgetpaid.com that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your content; use of your contentm except for the expenses that dontgetmadgetpaid.com incures in providing the Child Support Solutions Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your content will not cause injury to any third party; and (iv) your content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
Disclaimers and Exclusions
DISCLAIMERS OF WARRANTIES
DONTGETMADGETPAID.COM PROVIDES THE WEBSITE AND CHILD SUPPORT SOLUTIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS. DONTGETMADGETPAID.COM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CHILD SUPPORT SOLUTIONS SERVICE OR ITS USE: (i) WILL BE UNINTERUPTED, (ii) WILL BE FREE OF INACURACIES OR ERRORS (iii) WILL MEERT YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. DONTGETMADGETPAID.COM MAKES NO WARRANTIES OTHER THAN THOSE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
Limitation of Liability
-LIMITATION OF LIABILITY
DONTGETMADGETPAID.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECTM PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE CHILD SUPPORT SOLUTIONS SERVICE OR THIS TOS BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARANTIES UNDER THIS TOSEOR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITYIF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY DONTGETMADGETPAID.COM TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100
Indemnification
You must indemnify and hold dontgetmadgetpaid.com and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attoneys' fees and costs) incurred in connection with any third-party claim, demand or action ( "Claim") brought against any of the Parties alleging that you have been breached any provision of this TOS through any act or omission. If you have to indemnify dontgetmadgetpaid.com under this Section, dontgetmadgetpaid.com will have the right to control the defense, settlement, an resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without dontgetmadgetpaid.com written permission.
Termination
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-Termination
In its sole discretion, with or without notice to you, dontgetmadgetpaid.com may: (i) limit your acess to or terminate your use of the Website and/or the Child Support Solutions Service, (ii) limit your acess to or terminate your account, (iii) remove any of your content from dontgetmadgetpaid.com servers and directories and (iv) prohibit you from using the Child Support Solutions Service and/or the Website.
-Survival
Notwithstanding Termination, this TOS will survive indefinately unless and until dontgetmadgetpaid.com chooses t oterminate this TOS.
-Effect of Termination
If you or dontgetmadgetpaid.com terminates your use of the Website or the Child Support Solutions Service, dontgetmadgetpaid.com may delete any Content or other materials relating to your use of the Child Support Solutions Service on dontgetmadgetpaid.com's servers or otherwise in its possession and dontgetmadgetpaid.com will have no liability to you or any third party for doing so.
Notice
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by the following methods: (i) US mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to dontgetmadgetpaid.com, you must use the following adresses: 228 Bloomfield Ave, Montclair, NJ 07042, or TOS@dontgetmadgetpaid.com. If dontgetmadgetpaid.com provides notice to you, dontgetmadgetpaid.com will use the contact information provided by you to dontgetmadgetpaid.com. All notices will be deemed received as follows: (i) if by delivery by US mail, seven business days after dispatch, (ii) if by overnight courier on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that given communication be "in writing" you agree that email communication will satisfy this.
