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BEFORE YOU CLICK ON THE "I AGREE"
CHECK-BOX PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT
CAREFULLY.
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AGREEMENT.
Subscriber Agreement
The Web site located at www.secretlandprofits.com ("Site") is
provided by Orbit Investments, LLC. Your access to and use of the Site is
governed by this Subscriber Agreement ("Agreement"). As used in
this Agreement, "Orbit Investments, LLC," "we," "us'"
or "our" refers to Orbit Investments, LLC, and "you"
or "your" refers to you, the user of the Site. The Agreement below
is the agreement you consented to upon subscribing to the site. The Agreement
does not apply to use of the publicly available Web Site maintained by Orbit
Investments, LLC.
1. Access and Passwords
As part of the subscription process for this Site, you have selected or
been assigned a particular username and password in accordance with Orbit
Investments, LLC's username and password guidelines. YOU AGREE THAT YOU
ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME
OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING
YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any
other user that accesses the Site using your username and password, at or
through the Site will be attributed to and legally bind you, even with respect
to acts for which the user had no actual authority or made an error. You
assume all resulting liability from use of the Site and any services available
on it by you or others using your username or password. If you lose your
username or password, please contact us at: support@secretlandprofits.com.
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted on our site. Your
subscription will continue and renew automatically, unless terminated by
Orbit Investments, LLCor until you notify Orbit Investments, LLC by email
or as designated on the Site of your decision to terminate your subscription.
If there are any annual, monthly, or similar periodic fees for your subscription,
these fees will be billed automatically to the credit card designated during
the registration process for the Site or subsequently designated by you
to Orbit Investments, LLC, at the start of the annual, monthly, or similar
period, and at the start of each renewal period, unless you terminate your
subscription before the relevant period begins. You agree to pay or have
paid all fees and charges incurred in connection with your username and
password for the Site (including any applicable taxes) at the rates in effect
when the charges were incurred. All fees and charges are nonrefundable.
Orbit Investments, LLC may change the fees and charges then in effect, or
add new fees or charges, by giving you notice in advance. All fees and charges
incurred in connection with your Orbit Investments, LLC username and password
will be billed to the credit card designated during the registration process
for the Site or subsequently designated by you to Orbit Investments, LLC.
If you want to designate a different card or there is a change in credit
card validity or expiration date, or if you believe someone has accessed
the Site using your username and password without your authorization, you
may email us at support@secretlandprofits.com. You are also responsible
for any fees or charges incurred to access the Site through an Internet
service provider or other third party service. YOU, AND NOT Orbit Investments,
LLC, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY
A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
3. Privacy
Our Privacy Notice is a part of this Agreement and its terms are incorporated
herein by this reference. Please read it now at the link on our site.
4. User Conduct
The Site may contain bulletin board services, news groups, forums, and/or
other message or communication facilities ("Communication Services")
designed to enable you to communicate with others. You agree to use the
Communication Services only to submit or post messages and material that
are proper and, when applicable, related to the particular Communication
Service. You are also prohibited from submitting to, posting or transmitting
through Orbit Investments, LLC any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful,
racially, ethnically, or otherwise objectionable material of any kind, including
but not limited to any material that encourages conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise violate any
applicable local, state, national, or international law. Content that consists
of or contains software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam" is prohibited.
You may not use a false email or postal address, impersonate any person
or entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information
that constitutes part of the content expressed or made available by third
parties are those of the respective authors or distributors and not of Orbit
Investments, LLC nor its affiliates, not any of their officers, directors,
employees, or agents. You acknowledge that Orbit Investments, LLC does not
pre-screen all content, but that Orbit Investments, LLC and its designees
shall have the right (but not the obligation) in their sole discretion to
refuse or move any content that is made available via the Communication
Services. Without limiting the foregoing, Orbit Investments, LLC and its
designees shall have the right to remove any content that violates this
Agreement or is otherwise objectionable. You specifically agree that Orbit
Investments, LLC is not responsible for any content sent using and/or included
in the Site by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of Orbit Investments, LLC (or
material that other suppliers have licensed to Orbit Investments, LLC for
their use) which is protected by copyright and other laws respecting proprietary
rights. Orbit Investments, LLC retains all rights in the material and media,
including (without limitation) all copyright and other proprietary rights
worldwide in all media. You may not use Orbit Investments, LLC except as
expressly permitted under this Agreement and under U.S. copyright laws.
Any routine and/or systematic redistribution of any portion of the products
licensed herein is expressly prohibited.
End users who are duly authorized may Access Orbit Investments, LLC for
individual use, i.e., may view the information on screen; may download small
portions of the information to a computer disk for personal convenience
and later reference; and may print paper copies of small portions for personal
use only.
The rights granted here are an expansion of the rights granted under the
Copyright Act and do not include any rights to reproduce in its entirety
any portion of the information or materials contained therein. No part of
the information may be duplicated in any medium or format beyond the express
terms of this Agreement without prior written authorization from Orbit Investments,
LLC. Any use not authorized by the Agreement is prohibited and is not a
fair use under the U.S. copyright law.
You acknowledge that the information (and the licensed materials contained
therein) is highly proprietary in nature and that unauthorized copying,
transfer or use may cause Orbit Investments, LLC and/or Orbit Investments,
LLC’s suppliers irreparable injury that cannot be adequately compensated
for by means of monetary damages. You agree that any breach of this provision
by you, or any subscriber or end-user, may be enforced by Orbit Investments,
LLC, and/or any of Orbit Investments, LLC’s suppliers, by means of
equitable relief (including, but not limited to, injunctive relief) in addition
to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may
enforce its rights against you, even though that supplier is not a party
to the Agreement.
You may not and may not permit others to: reproduce, publish, distribute,
sell, or otherwise access or use any material retrieved from or contained
in or on this Site in any manner whatsoever that may infringe any copyright
or proprietary interest of Orbit Investments, LLC; distribute the information
contained in and/on this Site to other users not duly authorized to Access
the Site; distribute, rent, sublicense, lease, transfer or assign the information
or Agreement; decompile, disassemble, or otherwise reverse-engineer this
Site or information contained in or on this Site or any software contained
therein, or alter, translate, modify, or adapt it to create derivative works.
Unauthorized reproduction, transfer, and/or use may be a violation of criminal
as well as civil law.
You are expressly prohibited from placing or installing any portion of the
information on any electronic media, including, but not limited to, local
or wide area networks, timesharing services, multiple processing units,
multiple site arrangements, service or software rental bureaus, list servers,
online services, electronic bulletin boards or forums, World Wide Web sites
or any other server that is Internet-enabled, without written authorization
by Orbit Investments, LLC.
If you breach any provision of this Agreement, Orbit Investments, LLC may
immediately terminate this Agreement and all licenses granted hereunder
without prior notice and in addition to any other available rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to
NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that
are capable of copying large portions of content from the Site. Orbit Investments,
LLC can detect the use of these systems through live logfile analysis and
will ban any future use by offenders.
b. Use robots and crawlers, or similar technology, without following the
robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html).
We are able to detect robots violating the guidelines and we will ban any
offenders. If you are using a robot/crawler to check Orbit Investments,
LLC links, it must operate according to the robot guidelines (see above).
Do not leave new robots unattended and allow a minimum of 1 minute between
automated requests.
c. Use any device, software or routine or the like to interfere or attempt
to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or disproportionately large
load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes not relating
specifically to the Site;
f. Access the Site by any means other than through the interface that is
provided by Orbit Investments, LLC, or attempt or access any area of the
Site to which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to discover any
source code relating the Site, except to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content compiled by Orbit
Investments, LLC. While we use commercially reasonable efforts to provide
accurate information, Orbit Investments, LLC gives no warranty as to the
accuracy of the database and other content on the Site. Orbit Investments,
LLC reserves the right to withdraw or delete information or content from
the Site at any time.
8. Links to Third Party Sites
Orbit Investments, LLC does not endorse the content on any third-party Web
site, including Web sites of Orbit Investments, LLC's affiliates ("Third-Party
Sites"). Orbit Investments, LLC is not responsible for the content
of Third-Party Sites that you reach through links on the Site, sites framed
within the Site, or third-party advertisements on the Site, and we do not
make any representations regarding their content or accuracy. Your use of
Third-Party Sites is at your own risk and subject to the terms and conditions
of use for such sites. Any transaction that you conduct at a Third-Party
site will be between you and the party providing that Web site. This means
that Orbit Investments, LLC is not your agent and is not a party to any
transaction at a Third-Party Site.
9. Representations and Warranties
You represent and warrant to Orbit Investments, LLC that: (a) you possess
the legal right and ability to enter into this Agreement; (b) all information
submitted by you to the Site is true and accurate; (c) you will be responsible
for all use of your username and password even if such use was conducted
without your authority or permission; (d) you are at least 18 years old;
and (e) you will not use the Site for any purpose that is unlawful or prohibited
by this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS
SITE BY Orbit Investments, LLC AND ITS AFFILIATES ARE PROVIDED "AS
IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND,
AND Orbit Investments, LLC AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES,
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, Orbit Investments, LLC DOES NOT MAKE ANY WARRANTIES REGARDING
THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b)
ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE
SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY;
(e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT
PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS;
OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL
MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL Orbit Investments, LLC OR ANY OF ITS AFFILIATES BE LIABLE
FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE
EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN
IF Orbit Investments, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL Orbit Investments, LLC OR ANY OF ITS AFFILIATES BE
LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR
AMOUNT ACTUALLY RECEIVED BY Orbit Investments, LLC FROM YOU FOR ACCESS TO
THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR
TO YOUR CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless, and pay our attorney's fees
and costs, if we become liable for or incur any damages in connection with
your breach of this Agreement. You may not settle any dispute without our
prior consent, which may only be given in a non-electronic writing signed
by an authorized representative of Orbit Investments, LLC.
14. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our
option, be conducted electronically, including any that we are otherwise
required to provide in "writing". For example, we may send you
notices via postings at the Site or via email to any email address that
you provide to us during registration as a Site member. If you do not wish
to deal with us electronically, you should not use the Site or enter into
this Agreement. If applicable law now or later requires us to communicate
with you non-electronically, we reserve the right to charge a fee for doing
so. Notice will be deemed given 24 hours after the email is sent, unless
(for email) we are notified that the email address is invalid. Alternatively,
we may give you notice by mail to the address provided during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any
amendment from time to time) and retain it in your records. You also agree
to make a copy of any other information that we deliver to you in writing.
16. Termination
Orbit Investments, LLC may terminate your subscription and/or access, or
suspend access to all or part of the Site, without notice, for any conduct
that Orbit Investments, LLC, in its sole discretion, believes is in violation
of this Agreement, any applicable law, or any act which is harmful to the
interests of another user, service provider, or Orbit Investments, LLC.
Orbit Investments, LLC may also elect not to renew your subscription and
access by providing a notice of nonrenewal prior to the end of your current
subscription term. Applicable sections of this agreement will survive any
termination or expiration of this Agreement.
17. Assignment
You agree not to assign your rights under this Agreement without the consent
of an authorized representative of Orbit Investments, LLC in a non-electronic
record, and any assignment without Orbit Investments, LLC's consent will
be voidable at Orbit Investments, LLC's option. This Agreement will inure
to the benefit of and bind the parties' respective successors and permitted
assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Arizona, without
regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate Orbit
Investments, LLC and/or its affiliates' intellectual property rights, Orbit
Investments, LLC and/or its affiliates may seek injunctive or other appropriate
relief in any state or federal court in the State of Arizona, and you consent
to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve
it with the help of a mutually agreed-upon mediator in the following location:
Maricopa County. Any costs and fees other than attorney fees associated
with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration at the
following location: support@secretlandprofits.com, under the rules of the
American Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
19. Amendments
Orbit Investments, LLC may change the provisions of this Agreement. When
Orbit Investments, LLC changes the terms of this Agreement, Orbit Investments,
LLC will notify you by email or online postings on this Site. The changes
will also appear in this document, which you can access any time. You already
agreed to be bound by the changes when you first subscribed to the site.
If you do not agree to be bound by the changes, you should not use the Site
again and you should cancel your subscription to the Site. Even if you have
not clicked on the "I Agree" button or checked the I agree box
when subscribing, if you use the Site after you have been notified of a
change to this Agreement, you are agreeing now to be bound by that change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the
entire agreement between the parties for its subject matter and supercedes
all prior and contemporaneous communications between the parties. No term
of this Agreement may be waived by Orbit Investments, LLC except in a signed,
non-electronic writing signed by an authorized representative of Orbit Investments,
LLC.
21. General
If any provision of this Agreement is found by a court of competent jurisdiction
to be invalid, the parties agree that its remaining provisions will remain
in full force and effect, provided that the allocation of risks described
herein is given effect to the fullest extent possible. Our failure to act
with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. You agree that no joint
venture, partnership, employment or agency relationship exists between you
and Orbit Investments, LLC or its affiliates as a result of this Agreement
or your use of the Site.
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