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Terms Of Service:
1. Introduction
Welcome to the user agreement (hereinafter the "Agreement" or "User
Agreement") for Neekam Incorporated websites, which include, but are
not limited to, www.neekam.com, all owned by Neekam Incorporated, an
Arizona Limited Liability Corporation ("Neekam Incorporated"). This
agreement applies to persons who have purchased a product or service
from a Neekam Incorporated Web site ("Customers"). If you do not agree
to be bound by the terms and conditions of this Agreement, do not use
or access Neekam Incorporated services ("Services") or Neekam Incorporated
websites (hereinafter referred to collectively as "the Site").
2. Binding Nature
You must read, agree to, and accept all of the terms and conditions
contained in this User Agreement and our Privacy Policy, which include
those terms and conditions expressly set out below and those incorporated
by reference, before you use our Site or become a member of Neekam Incorporated.
We strongly recommend that, as you read this User Agreement, you also
access and read the information referred to in this document, as it
may contain further terms and conditions that apply to you as a Neekam
Incorporated user.
3. Change Control
Neekam Incorporated reserves the right to change any of the terms and
conditions contained in this Agreement or any policies or guidelines
governing the Site or Services, at any time and in its sole and independent
discretion. Any changes will be effective upon the posting of the revisions
on the Site. You are responsible for reviewing the notice and any applicable
changes. Changes to referenced policies and guidelines may be posted
without notice to you. Your continued use of this Site and the Services
following Neekam Incorporated posting of any changes will constitute
your acceptance of such changes or modifications. If you do not agree
to any changes to this Agreement, do not continue to use the Services
or this Site.
4. Eligibility
Our services
are available only to, and may only be used by, individuals who can
form legally binding contracts under applicable law. Without limiting
the foregoing, our services are not available to children (persons under
the age of 18) or to temporarily or indefinitely suspended Neekam Incorporated
affiliates. Competitors are not authorized to access or use our website
without express, written permission from us in advance of such access.
If you do not qualify, please do not use our Site. Further, your Neekam
Incorporated account User ID and password may not be transferred, loaned,
given or sold to another party. If you are registering as a business
entity, you represent that you have the authority to bind the entity
to this Agreement.
5. Services
The Neekam Incorporated website allows you the opportunity to read about
becoming a Neekam Incorporated affiliate and submit your information
to be contacted regarding becoming a Neekam Incorporated affiliate.
** All Sales with Neekam Inc. are final. Neekam does not have a refund policy. **
6. Customer's
Responsibilities
As a Neekam Incorporated Customer you are obligated to read this
Agreement before you purchase anything or provide any information via
any of the Neekam Incorporated Sites. You agree to read and be bound
to the terms of this Agreement. Neekam Incorporated does not offer legal
or financial advice concerning the purchase of any of the products offered
via the Site. Nothing in this Agreement is to be interpreted as legal
advice or guidance.
7. Restricted Activities
Your information and activities on the Site shall not: (a) be false,
inaccurate or misleading; (b) be fraudulent; (c) infringe any third
party's copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (d) violate any law, statute,
ordinance or regulation (including, but not limited to, those governing
export control, consumer protection, unfair competition, antidiscrimination
or false advertising); (e) be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (f) contain any viruses, Trojan
horses, or the like, or other computer programming routines that may
damage or interfere with the Site; and (g) create liability for us or
cause us to lose (in whole or in part) the services of our ISPs or other
suppliers. Furthermore, you may not consummate any transaction on the
Site, or that was initiated using our Service, that could cause us to
violate any applicable law, statute, ordinance or regulation.
8. Access and Interference
You agree that you will not use any robot, spider, scraper or other
automated means to access the Site for any purpose without our express
written permission. Additionally, you agree that you will not: (i) take
any action that we, in our sole discretion, believe imposes an unreasonably
large load on our servers; (ii) copy, reproduce, modify, create derivative
works from, distribute or publicly display any Site content without
the prior expressed written permission of Neekam Incorporated and the
appropriate third party, as applicable; (iii) attempt to interfere with
the proper working of the Site or any activities conducted on the Site;
or (iv) bypass any measures we may use to prevent or restrict access
to the Site.
9. Breach
Without limiting other remedies, we may limit your activity, issue a
warning, temporarily suspend, indefinitely suspend or terminate your
membership and refuse to provide our services to you if, within our
sole and independent judgment: (a) you breach, or we anticipate that
you are about to breach, this Agreement or the documents it incorporates
by reference; (b) we are unable to verify or authenticate any information
you provide to us; or (c) we believe that your actions may cause financial
loss or legal liability for you, our users or us. We can also terminate
this Agreement at any time, with or without cause.
10. Privacy
We only use your information as described in our Privacy Policy. Our
current Privacy Policy is available here. Neekam Incorporated may change
the Privacy Policy in the future. You should check the Privacy Policy
frequently for changes.
11. Intellectual Property
The Site contains intellectual property that is protected by the laws
of the United States as well as international law. You may not publish,
re-transmit, distribute, or otherwise make unauthorized use of the material
on the Site except as permitted under the applicable laws.
12. DMCA Policy
Neekam
Incorporated takes claims of copyright infringement very seriously.
Our policy for handling claims of infringement is to have our designated
agent review and respond to notices of infringement by removing from
our website any infringing material when a DMCA compliant notice is
provided to us.
13. DMCA Notice
In accordance with the Digital Millennium Copyright Act ("DMCA"), Neekam
Incorporated has designated an agent to receive notification of alleged
copyright infringement occurring on the Site. If you believe that your
copyrighted work is being infringed, notify the designated agent specified
below: General Manager Neekam Incorporated, Email: customerservice@neekam.com
The Digital Millennium Copyright Act requires that all infringement
claims must be in writing and must include the following information:
" A description of the copyrighted work claimed to have been infringed;
" A description of the infringing material and information reasonably
sufficient to permit Neekam Incorporated to locate the material; " Your
contact information, including your mailing address, telephone number,
and email address; " A statement that you have a good faith belief that
the use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; " A statement, under
penalty of perjury, that the information in the notification is accurate
and that you are authorized to act on behalf of the copyright owner;
and " A physical or electronic signature of the copyright owner or the
person authorized to act on its behalf.
14. National Do Not Call Registry
Please be advised that if you complete a contact form on the Site, you
have expressly agreed to be contacted via telephone by Neekam Incorporated,
regardless of whether you are listed on the National Do Not Call Registry.
15. Fax Policy
Please be advised that if you provide us with a fax number, you have
expressly granted us the right to contact you via fax.
16. Results May Vary
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS AND
PROGRAMS. EXAMPLES AND TESTIMONIALS ON THE SITE ARE NOT TO BE INTERPRETED
AS PROMISES OR GUARANTEES OF EARNINGS. EARNINGS WILL VARY PER PERSON.
Your level of success in attaining the results claimed in our materials
depends on a number of factors, including, but not limited to, the time
you devote to the business, ideas and techniques mentioned, your finances,
knowledge, and various skills. THESE FACTORS VARY ACCORDING TO INDIVIDUALS,
AND THEREFORE, Neekam Incorporated CANNOT GUARANTEE YOUR SUCCESS OR
INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS OR INACTIONS.
MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND
NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO THOSE
DESCRIBED ON THE SITE AND IN OUR MATERIALS.
17. No Warranty
WE, OUR
OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE
OUR WEBSITE AND SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS,
EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have other legal rights
that vary from state to state. IN ADDITION, WE SPECIFICALLY DISCLAIM
ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS,
WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE
OR OPERATE WITHOUT ERROR; ANY IMPLIED WARRANTY ARISING FROM COURSE OR
DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM
OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF Neekam
Incorporated. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Neekam
Incorporated DISCLAIMS ANY AND ALL SUCH WARRANTIES.
18. General Release
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASE Neekam
Incorporated, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS
AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL)
OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED,
DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL
CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE AND AGREE
THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT,
AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED
INTO BY Neekam Incorporated.
19. Limitation of Liability
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS
AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE.
OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED
TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR
OR B) $100.
20. Indemnity
You agree to indemnify and hold us and our officers, directors, agents,
employees, contractors and suppliers, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to
or arising out of your breach of this Agreement or the documents it
incorporates by reference, your violation of any law or the rights of
a third party, or any claim or demand alleging such breach or violation.
21. Dispute Resolution
You agree that any controversy or claim arising out of or relating
to this Agreement and/or your use of the website, except for matters
exclusively between registered or authorized users and not involving
Neekam Incorporated, shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in Richmond,
Virginia, and judgment on the arbitration award may be entered in any
court having jurisdiction thereof. Either you or Neekam Incorporated
may seek any interim or preliminary relief exclusively from a court
of competent jurisdiction in Richmond, Virginia necessary to protect
the rights or property of you or Neekam Incorporated pending the completion
of arbitration.
22. Licenses
Neekam Incorporated grants a limited license to each participant to
make personal use only of the Site and the Services in accordance with
this Agreement. This license expressly excludes, without limitation,
any reproduction, duplication, sale, resale or other commercial use
of the Site and the Services, making any derivative of the Site or the
Services, the collection and use of participant e-mail addresses or
other participant information, ratings or listings, or any data extraction
or data mining whatsoever. You agree that you will not compile, reproduce,
republish or resell for any commercial purpose any information on our
Site and not use any device, software or routine that may interfere
with the operation of the Site.
23. General Provisions
This is
the entire Agreement governing the use of the Neekam Incorporated Site.
No delay by either party shall waive rights under this Agreement. This
Agreement is governed by, and to be construed in accordance with, the
laws of the State of Arizona, without regard to that state's conflict
of laws provisions. By using the Site you expressly agree that personal
jurisdiction and venue are proper in the state and federal courts located
in the State of Arizona. No waiver of any breach of this Agreement shall
be a waiver of any other provision of this Agreement, and no waiver
shall be valid unless in writing signed by the parties. If any provision
of this Agreement is held invalid, such provision shall be restated
to reflect, as nearly as possible, the original intention of Neekam
Incorporated in accordance with applicable law and the remainder of
the Agreement shall remain in full force.
24. Notices
Except as explicitly stated otherwise, any notices shall be given by
postal mail to Neekam Incorporated, 20802 N. Grayhawk Drive, Suite 1069,
Scottsdale, AZ 85255 (in the case of Neekam Incorporated), or to the
email address you provide to Neekam Incorporated during the registration
process (in your case). Notice shall be deemed given 24 hours after
email is sent, unless the sending party is notified that the email address
is invalid.
25. Disclaimer
Neekam Incorporated LLC blogs might host affiliate programs and offers for third party sellers and/or aggregate traffic to third party sites. All purchases made at these sites are the sole responsibility of the third party site and the purchaser. The purchaser should therefore look to that specific retailer/site from whom it purchases goods or services to establish what warranties, terms and conditions apply to such purchase. Neekam Incorporated LLC shall have no liability to any third party purchaser, and makes no representations or warranties (express or implied) to any third party purchaser with respect to third party sellers represented in the Neekam Incorporated LLC blogs. The items displayed in or the contents of these retailers’ sites and in particular, without limitation, give no warranties or representations as to merchantability or fitness for purpose of any goods being sold. In addition, all third party seller information accessible via this site is provided by the retailers and Neekam Incorporated LLC shall have no liability to any user, and does not represent or warrant to any user, that any information accessible via this site is accurate, complete or current.
For the further avoidance of doubt, Neekam Incorporated LLC does not exercise any editorial control over sellers' sites.
Except as specifically stated by Neekam Incorporated LLC on this site and so far as permitted by law, Neekam Incorporated LLC will not be liable for any damages arising out of or in connection with the use of the Neekam Incorporated LLC virtual products and blogs.
Security
The security of information or payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by users who transmit information by means of e-mail or other Internet link shall be borne solely and exclusively by such users and in no event shall any losses in whole or part be borne by Neekam Incorporated LLC.
Copyright and Trade Marks
All text and graphics in, and the design of, this Web site are protected by copyright and other intellectual property rights. Permission is granted to users of the site to electronically copy and to print in hard copy portions of this Web site for the sole purpose of using this Web site as a shopping resource. Any other use or copying of material on this Web site is strictly prohibited.
The Neekam name is the unregistered trademark of Neekam Incorporated LLC Other product and company names appearing on the Neekam Incorporated LLC may be the trade marks or registered trade marks of their respective owners. No permission is granted in respect of the use of any of the above; such use may constitute an infringement of the holders' rights.
Indemnity
As a user of the Neekam Incorporated LLC site, you agree to indemnify Neekam Incorporated LLC against any claims, losses, expenses or liabilities which it may incur as a result of your misuse or unlawful use of the Neekam Incorporated LLC site or the server on which it is located including, without limitation, arising from any spamming activity, defamatory statements, use of pornography, explicit and inflammatory language, or infringement of intellectual property or other third party rights carried out by you or for which you are responsible.
Content And Guest Comments
The opinions expressed by the blog writers, or any employee thereof, are their sole responsibility. Neekam Inc. LLC is not responsible for the accuracy of any of the information supplied by those who write or comment on these blog. Blog posts, articles, comments or content may not be reproduced or republished without express written permission from the blog owner. Blog owners and Neekam Incorporated LLC reserve the right to remove or edit any blog comments that are found to be offensive, or inappropriate to the common interests of the client and Neekam Incorporated LLC.
Governing Law And Jurisdiction
These disclaimer and indemnity provisions shall be governed by the laws of the United States of America and it’s courts who shall have exclusive jurisdiction to all matters relating to these terms.
90 Day Guarantee
Neekam guarantees that within 90 days users of their blogs and service package shall be ranked on the first page of Google for searched key phrases. Neekam Incorporated LLC blogs might host affiliate programs for third party sellers and/or aggregate traffic to third party sites. All purchases made at these sites are the sole responsibility of the third party site.
This only applies to those Neekam Customers who opt to buy a three month ‘Silver Package’ of professional blog posting by Neekam Incorporated LLC Neekam Incorporated LLC’s achieved rankings are valid the day that they are searched. Neekam Incorporated LLC is not responsible for changing algorithms of search engines that may affect the long term placement of Neekam Incorporated LLC client’s Blogs and virtual products.
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