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1. ACCEPTANCE OF TERMS
Concepts Community welcomes you. The Concepts Community
provides its service to you subject to the following Terms of Use ("TOU"),
which may be updated by us from time to time without notice to you. You
can review the most current version of the TOU at any time at: http://www.concepts.com/terms.asp.
In addition, when using particular Concepts Community owned or operated
services, you and Concepts Community shall be subject to any posted guidelines
or rules applicable to such services, which may be posted from time to time.
All such guidelines or rules (including but not limited to our Spam Policy)
are hereby incorporated by reference into the TOU. Concepts Community may
also offer other services that are governed by different Terms of Use.
2. DESCRIPTION OF SERVICE
Concepts Community provides users with access to a rich collection of resources,
including various communications and networking tools through its network
of properties which may be accessed through any various medium or device
now known or hereafter developed (the "Service"). You also understand and
agree that the Service may from time to time include advertisements and
that these advertisements are necessary for Concepts Community to provide
the Service. You also understand and agree that the Service may include
certain communications from Concepts Community, such as service announcements,
administrative messages and the Concepts Community Newsletter, and that
these communications are considered part of Concepts Community membership
and you will not be able to opt out of receiving them. Unless explicitly
stated otherwise, any new features that augment or enhance the current Service,
including the release of new Concepts Community properties, shall be subject
to the TOU. You understand and agree that the Service is provided "AS-IS"
and that Concepts Community assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or personalization
settings. You are responsible for obtaining access to the Service, and that
access may involve third-party fees (such as Internet service provider or
airtime charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to access
the Service.
3. YOUR MEMBERSHIP OBLIGATIONS
In consideration of your use of the Service, you represent that you are
of legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's membership
registration form (the "Membership Data") and (b) maintain and promptly update the Membership
Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or Concepts
Community has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Concepts Community has the right
to suspend or terminate your membership account and refuse any and all current
or future use of the Service (or any portion thereof). Concepts Community
is concerned about the safety and privacy of all Internet users, particularly
children. For this reason, this Service only allows Members who are 18 years
and older and are of legal age to form a binding contract.
4. PRIVACY POLICY
Membership Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at http://www.concepts.com/privacy.asp.
You understand that through your use of the Service you consent to the collection
and use (as set forth in the Privacy Policy) of this information, including
the transfer of this information to the United States and/or other countries
for storage, processing and use by Concepts Community and its related companies
5. MEMBERSHIP ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify Concepts Community of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. Concepts Community cannot
and will not be liable for any loss or damage arising from your failure
to comply with this Section.
6. MEMBER CONDUCT
You understand that all information, data, text, software, drawings, sketches,
images, graphics, video, messages, descriptions, or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from whom such Content originated. This means that you, and
not Concepts Community, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the Service.
Concepts Community does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances will
Concepts Community be liable in any way for any Content, including, but
not limited to, any errors or omissions in any Content, or any loss or damage
of any kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Concepts
Community representative, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation, except
in areas that are designated for promoting your intellectual property and
inventions (please read our complete Spam Policy);
upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any rules of any national
or other securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any
organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and Nationality
Act;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs above.
You acknowledge that Concepts Community may or may not pre-screen Content,
but that Concepts Community and its designees shall have the right (but
not the obligation) in their sole discretion to pre-screen, refuse, or move
any Content that is available via the Service. Without limiting the foregoing,
Concepts Community and its designees shall have the right to remove any
Content that violates the TOU or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of any Content,
including any reliance
on the accuracy, completeness, or usefulness of such Content. In this regard,
you acknowledge that you may not rely on any Content created by Concepts
Community or submitted to Concepts Community, including without limitation
information in Concepts Community Message Boards and in all other parts
of the Service.
You acknowledge, consent and agree that Concepts Community may access, preserve
and disclose your account information and Content if required to do so by
law or in a good faith belief that such access preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce the
TOU; (c) respond to claims that any Content violates the rights of third
parties; (d) respond to your requests for customer service; or (e) protect
the rights, property or personal safety of Concepts Community, its users
and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied within the Service
may include security components that permit digital materials to be protected,
and that use of these materials is subject to usage rules set by Concepts
Community and/or content providers who provide content to the Service. You
may not attempt to override or circumvent any of the usage rules embedded
into the Service. Any unauthorized reproduction, publication, further distribution
or public exhibition of the materials provided on the Service, in whole
or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON Concepts Community NETWORK
When you register with Concepts Community, you acknowledge that in using
Concepts Community services to send electronic communications (including
but not limited to email messages, search queries, uploading images and
files to Concepts Community, and other Internet activities), you will be
causing communications to be sent through Concepts Community's computer
networks, portions of which are located in Kansas, Missouri, and other locations
in the United States and portions of which may be located abroad. As a result,
and also as a result of Concepts Community’s network architecture and business
practices and the nature of electronic communications, even communications
that seem to be intrastate in nature can result in the transmission of interstate
communications regardless of where you are physically located at the time
of transmission. Accordingly, by agreeing to this Terms of Use, you acknowledge
that use of the service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in which
you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Concepts Community does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible areas
of the Service, you grant Concepts Community the following worldwide, royalty-free
and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly
accessible areas of Concepts Community Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content
on the Service solely for the purposes of providing and promoting the specific
Concepts Community Group to which such Content was submitted or made available.
This license exists only for as long as you elect to continue to include
such Content on the Service and will terminate at the time you remove or
Concepts Community removes such Content from the Service.
With respect to photos, images, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas of the Service other
than Concepts Community Groups, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the
Service solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to continue
to include such Content on the Service and will terminate at the time you
remove or Concepts Community removes such Content from the Service.
With respect to Content other than photos, images, graphics, audio or video
you submit or make available for inclusion on publicly accessible areas
of the Service other than Concepts Community Groups, the perpetual, irrevocable
and fully sub licensable license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly display such Content
(in whole or in part) and to incorporate such Content into other works in
any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Concepts
Community network of properties that are intended by the Member and Concepts
Community to be available to the general public. By way of example, publicly
accessible areas of the Service would include the Concepts Showcase and
new member registration section,
or areas off of the Concepts Community network of properties such as portions
of World Wide Web sites that are accessible via hypertext or other links
but are not hosted or served by Concepts Community. However, publicly accessible
areas of the Service would not include portions of Concepts Community Groups
that are limited to Members, Sponsored Members, or Invited Members, Concepts
Community services intended for private communication such as Concepts Community
email messaging system or Concepts Community invited Members only sections.
10. INDEMNITY
You agree to indemnify and hold Concepts Community and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post, transmit
or otherwise make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOU, or your violation
of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Concepts Community may establish general practices
and limits concerning use of the Service, including without limitation the
maximum number of days that email messages, or other uploaded Content will
be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size
of any email message that may be sent from or received by an account on
the Service, the maximum disk space that will be allotted on Concepts Community's
servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of time.
You agree that Concepts Community has no responsibility or liability for
the deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You acknowledge
that Concepts Community reserves the right to log off accounts that are
inactive for an extended period of time. You further
acknowledge that Concepts Community reserves the right to modify these general
practices and limits from time to time.
13. MODIFICATIONS TO SERVICE
Concepts Community reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that Concepts Community
shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
14. TERMINATION
You agree that Concepts Community may, under certain circumstances and without
prior notice, immediately terminate your Concepts Community Membership account,
and access to the Service. Cause for such termination shall include, but
not be limited to, (a) breaches or violations of the TOU or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance
or material modification to the Service (or any part thereof), (e) unexpected
technical or security issues or problems, (f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment
of any fees owed by you in connection with the Services. Termination of
your Concepts Community account includes (a) removal of access to all offerings
within the Service, including but not limited to Concepts Community services,
(b) deletion of your password and all related information, files and content
associated with or inside your account (or any part thereof), and (c) barring
of further use of the Service. Further, you agree that all terminations
for cause shall be made in Concepts Community's sole discretion and that
Concepts Community shall not be liable to you or any third party for any
termination of your account, any associated email address, or access to
the Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment 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 advertiser. You agree that Concepts Community shall not be responsible
or 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 advertisers on the
Service.
16. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Concepts Community has no control over
such sites and resources, you acknowledge and agree that Concepts Community
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content, advertising,
products or other materials on or available from such sites or resources.
You further acknowledge and agree that Concepts Community shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
17. CONCEPTS COMMUNITY'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or by
advertisers is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized by
Concepts Community or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service or
the Software, in whole or in part.
Concepts Community grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work from, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not
to modify the Software in any manner or form, nor to use modified versions
of the Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service
by any means other than through the interface that is provided by Concepts
Community for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. CONCEPTS CORPORATION AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CONCEPTS COMMUNITY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
CONCEPTS CORPORATION OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING
THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC
SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY.
IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR
PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE
SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONCEPTS COMMUNITY AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CONCEPTS
COMMUNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT
APPLY TO YOU.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections
18 and 19 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in the
Service is intended for trading or investing purposes. Concepts Community
and its licensors shall not be responsible or liable for the accuracy, usefulness
or availability of any information transmitted or made available via the
Service, and shall not be responsible or liable for any trading or investment
decisions based on such information.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOU, there
shall be no third-party beneficiaries to this agreement.
23. NOTICE
Concepts Community may provide you with notices, including those regarding
changes to the TOU, by email, regular mail or postings on the Service.
24. TRADEMARK INFORMATION
The Concepts Community, Concepts Community logo, trademarks and service
marks and other Concepts Community logos and product and service names are
trademarks of Concepts Community. (the "Concepts Community Marks"). Without
Concepts Community's prior permission, you agree not to display or use in
any manner the Concepts Community Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
Concepts Community respects the intellectual property of others, and we
ask our users to do the same. Concepts Community may, in appropriate circumstances
and at its discretion, disable and/or terminate the accounts of users who
may be repeat infringers. If you believe that your work has been copied
in a way that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide Concepts Community's
Intellectual Property Agent the following information:
an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that
you claim has been infringed;
a description of where the material that you claim is infringing is located
on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright, trademark, or patent owner, its agent,
or the law;
a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright, intellectual
property, or patent owner, or authorized to act on the owner's behalf.
Concepts Community's Intellectual Property Agent for Notice of claims of
copyright or other intellectual property infringement can be reached as
follows:
By mail:
Concepts Community Intellectual Property Agent
13213 Granada Drive, Suite 100
Leawood, KS 66209
By phone: (913) 706-6341
By fax: (609) 939-6676
By email: info@concepts.com (place 'Attention Intellectual Property
Agent' in the email message subject line)
26. GENERAL INFORMATION
Entire Agreement. The TOU constitutes the entire agreement between you and
Concepts Community and governs your use of the Service, superseding any
prior agreements between you and Concepts Community with respect to the
Service. You also may be subject to additional terms and conditions that
may apply when you use or purchase certain other Concepts Community services,
affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOU and the relationship between you and Concepts
Community shall be governed by and construed in accordance with the laws of the
United States, without giving effect to its conflict of laws provisions or
your actual state or country of residence. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms of Service to be unenforceable,
the remainder of the Terms of Service will continue in full force and effect.
Waiver and Severability of Terms. The failure of Concepts Community to exercise
or enforce any right or provision of the TOU shall not constitute a waiver
of such right or provision. If any provision of the TOU is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOU remain
in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Concepts
Community account is non-transferable and any rights to your Concepts Community
Membership or contents within your account terminate upon your death. Upon
receipt of a copy of a death certificate, your account may be terminated
and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related
to use of the Service or the TOU must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal
or contractual effect.
27. VIOLATIONS
Please report any violations of the TOU to our Customer Service group.
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