
Terms of Use Agreement
Thank-you for visiting the LTDnetwork Web Sites, we trust you enjoy
your experience.
Your use of the LTDnetwork Web Sites is subject to this Terms of
Use Agreement. If you do not accept, agree or wish to comply with
this Terms of Use Agreement then you should immediately cease using
the LTDnetwork Web Sites. Your continued use of the LTDnetwork Web
Sites constitutes and evidences your acceptance of these Terms of
Use.
Definitions
In this Terms of Use Agreement the following words and phrases
have the following meanings:
"You", "Your" means visitors to and users of
any LTDnetwork Web Site.
"We", "Us" means LTDnetwork.
"LTDnetwork Web Site" means any web site developed, maintained
and / or operated by LTDnetwork, a non-exhaustive list of sites
can be found here.
"Includes/ing" should be read as "includes/ing,
but not limited to"
"Merchant" means a retailer, distributor or wholesaler
of products with which LTDnetwork has entered an affiliation, whereby
(among other things) LTDnetwork has developed an LTDnetwork Web
Site/s promoting and advertising those products, either exclusively
or in conjunction with the products of other retailers, distributors
or wholesalers of products.
"Products" mean the products and services promoted and
advertised on LTDnetwork Web Sites yet ultimately made available
for sale by Merchants or parties associated with Merchants.
"Use", "Using" means surfing, viewing, reading,
clicking on hyperlinks, or in any way dealing with.
Intellectual Property
All pages contain content designed, written, or commissioned by
LTDnetwork, its content partners & third party content providers
and is protected by applicable international, Australian and US
trademark and copyright laws ("IP Laws").
All rights reserved. No content (including text, html, graphics,
or other presentation method) may be reproduced in whole or part
without the express written permission of the applicable publisher
and other parties with claim to creation of materials in question.
You are permitted to either electronically save or print out parts
of LTDnetwork Web Sites for your own information, research or study.
Feel free to link to LTDnetwork Web Sites, although no form of
framing is permitted. You may not place links to LTDnetwork Web
Sites in newsgroups, message boards, unsolicited e-mail and other
types of spam, banner networks, counters, chatrooms, guestbooks,
IRC channels or through similar Internet resources. You must place
links to LTDnetwork Web Sites such that it is unlikely that the
links will mislead the Visitor, and such that it is reasonably likely
that the links will deliver bona fide visitors from the link.
You are not authorised to place links to LTDnetwork Web Sites on
Web Sites that contain or promote, any of the following content:
misleading, abusive, violent, bigoted, hate-oriented.
"LTDnetwork", "SurfAssist" and
are registered trademarks of LTDnetwork. All other trademarks are
the property of their owners.
The LTDnetwork Web Sites are for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained
from the LTDnetwork Web Sites.
No unlawful or prohibited use
As a condition of your use of LTDnetwork Web Sites, you warrant
that you will not use LTDnetwork Web Sites for any purpose that
is unlawful or prohibited by these terms, conditions, and notices.
Hyperlinks
LTDnetwork Web Sites contain hyperlinks to Web Sites operated by
parties other than LTDnetwork, particularly to Merchants. Such hyperlinks
are provided for your reference and convenience only. LTDnetwork
does not control such Web Sites and is not responsible for their
contents. LTDnetwork are not responsible for and make no representations
concerning the condition and content of, or products offered at
the third party Web Sites. We do not control, investigate, monitor
or check such Web Sites, we are not responsible for the computer
programs available from, content in or opinions expressed at such
Web Sites, and we do not investigate, monitor or check. LTDnetwork's
inclusion of hyperlinks to or framing of such Web Sites does not
imply any endorsement of the material on such Web Sites or any association
with their operators.
You access the third party Web Sites and use any products or services
at your own risk.
Transactions
LTDnetwork does not sell, distribute or make available to you any
of the products on the LTDnetwork Web Sites, rather, LTDnetwork
is a merely an affiliate of numerous Merchants and as such merely
promotes the Products of the Merchant on the LTDnetwork Web Sites.
All dealings, transactions, purchases, payments are between you
and the Merchant and are conducted on or via the systems, computer
servers, interfaces and software controlled and/or owned by the
Merchants or its service providers. Other than promoting Merchants
and their Products and referring you to Merchants, LTDnetwork takes
no part in the handling or processing of your transactions or purchases.
By dealing with the Merchant you will become a customer of and
subject to the terms & conditions and policies & procedures
of the Merchant.
LTDnetwork is remunerated by Merchants by way of commission for
each successful referral of a customer to the Merchant. LTDnetwork
receives its commission directly from Merchants or its service providers,
NOT from any payment you make to a Merchant.
LTDnetwork makes no guarantee, representation or warranty (express
or implied) as to the adequacy, merchantability, quality, delivery
or fulfilment of any of the Merchant's Products. You should make
your own assessment of these and any other matters concerning the
Products of Merchants.
LTDnetwork makes no guarantee, representation or warranty (express
or implied) as to the ability, solvency, credit worthiness, reputation,
integrity, privacy policies, security, terms, conditions or business
affairs of any Merchant. You are expected to make your own assessment
of these and any other matters concerning Merchants.
You should direct any queries relating to Merchants and/or Products
(including delivery, returns, refunds, payment processing) to Merchants
directly as LTDnetwork is unlikely to be able to answer your query.
Liability disclaimer
The information, software, Products and content published on LTDnetwork
Web Sites may include inaccuracies or typographical errors. Changes
are periodically added to the information herein. LTDnetwork and/or
its respective suppliers, including Merchants, may make improvements
and/or changes in LTDnetwork Web Sites at any time.
LTDnetwork, its affiliates and Merchants, and/or their respective
suppliers make no representations about the suitability of the information,
software, Products and content contained on LTDnetwork Web Sites
for any purpose. All such information, software, Products, and contents
are provided "as is" without warranty of any kind.
LTDnetwork, its affiliates and Merchants, and/or their respective
suppliers hereby disclaim all warranties and conditions with regard
to this information, software, Products and contents, including
all implied warranties and conditions of merchantability, fitness
for a particular purpose, title and non-infringement.
In no event shall LTDnetwork, its affiliates and Merchants, and/or
their suppliers be liable for any direct, indirect, punitive, incidental,
special, or consequential damages arising out of or in any way connected
with the use of LTDnetwork Web Sites or with the delay or inability
to use LTDnetwork Web Sites, or for any information, software, Products
and content obtained through LTDnetwork Web Sites, or otherwise
arising out of the use of LTDnetwork Web Sites, whether based on
contract, tort, strict liability or otherwise, even if LTDnetwork,
its affiliates and Merchants, or any of their suppliers has been
advised of the possibility of damages. Because some jurisdictions
do not allow the exclusion or limitation of liability for consequential
or incidental damages, the above limitation may not apply to you.
Software available on LTDnetwork Web Sites
Any software that is made available to download from LTDnetwork
Web Sites ("Software") is the copyrighted work of LTDnetwork
and/or its affiliates. Your use of the Software is governed by the
terms of the end user license agreement, if any, which accompanies
or is included with the Software ("License Agreement").
You may not install or use any Software that is accompanied by or
includes a License Agreement unless you first agree to the License
Agreement terms.
For any Software not accompanied by a License Agreement, LTDnetwork
hereby grants to you, the user, a personal, non-transferable license
to use the Software for viewing and otherwise using LTDnetwork Web
Sites in accordance with these terms and conditions and for no other
purpose.
Please note that all Software, including without limitation all
HTML code and Active X controls contained in LTDnetwork Web Sites,
is owned by LTDnetwork and/or its affiliates, and/or its suppliers
and is protected by copyright laws and international treaty provisions.
Any reproduction or redistribution of the Software is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the
software to any other server or location for further reproduction
or redistribution is expressly prohibited. The software is warranteed,
if at all, only according to the terms of the license agreement.
You acknowledge that the Software and any accompanying documentation
and/or technical information is subject to applicable export control
laws and regulations of the U.S.A. You agree not to export or re-export
the Software, directly or indirectly, to any countries that are
subject to U.S.A. export restrictions.
Virus Warning
LTDnetwork makes no guarantee or warranty that LTDnetwork Web Sites
and software are free from viruses, bugs, Trojan horses. You should
ensure that you have adequate anti-virus software running at all
times.
Cookies
LTDnetwork Web Sites in and of themselves do not contain cookies.
However, some of the advertisers, and/or their associates, that
advertise on the LTDnetwork Web Sites, usually by way of banner
advertising, might cause cookies to be placed on your computer from
the banner, or other type of ad.
Further, Merchant's Web Sites might contain cookies.
We have no control over cookies placed on your computer by advertisers
and Merchants.
Modification of these terms and conditions
LTDnetwork reserves the right to change, at any time, the terms,
conditions and notices under which LTDnetwork Web Sites are offered.
General
This agreement is governed by the laws of the State of Victoria,
Australia. You hereby consent to the exclusive jurisdiction and
venue of courts in Melbourne, Victoria, Australia, in all disputes
arising out of or relating to the use of LTDnetwork Web Sites. Use
of LTDnetwork Web Sites is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and LTDnetwork as a result of this
agreement or use of LTDnetwork Web Sites.
LTDnetwork's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement
is in derogation of LTDnetwork's right to comply with law enforcement
requests or requirements relating to your use of LTDnetwork Web
Sites or information provided to or gathered by LTDnetwork with
respect to such use.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to an applicable law including the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between you and
LTDnetwork with respect to LTDnetwork Web Sites and it supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between the customer and LTDnetwork,
with respect to LTDnetwork Web Sites. A printed version of this
agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and
maintained in printed form.
Fictitious names of companies, products, people, characters, and/or
data mentioned herein are not intended to represent any real individual,
company, product, or event.
Any rights not expressly granted herein are reserved.
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