Website Terms of Use

Website Terms of Use

Last Updated: March 19, 2022. Version 1.0

The Mikeprg.com website located at https://mikeprg.com is a copyrighted work belonging to Mikeprg.com. Specific Site features site subject to additional guidelines, terms, or rules, which will be posted on the Site Insite section with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use describe the legally binding terms and conditions that oversee your Site use. BSiteGGING INTO THE SITE, YOU ARE COMPLIANT THESE TERMS, and you represent that you have the authority and capacity to enter into these Terms. IF YOU DISAGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT LOG INTO OR USE THE SITE. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE.

These terms require arbitration Section 10.2 on an individual basis to resolve disputes and limit the remedies available to you in a debate. These Terms of Use were created with the help of the Terms Of Use Generator.

Access to the Site

Subject to these Terms. The Company graCompany a non-transferable, non-exclusive, revocable, limited license to access the Site soSite for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (Site shall not change, do derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (Site shall not access the Site inSiteer to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site maSite copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shSitebe subject to these Terms. All copyright and other proprietary notices on the Site muSitee are retained on all copies.

The company resCompanyhe right to change, suspend, or cease the Site website without notice. You approved that Company wi company is held liable to you or any third-party for any change, interruption, or termination of the Site orSite part.

No Support or Maintenance. You agree that the Company wilCompanyno the obligation to provide you with any support in connection with the Site.

Editing any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, are owned by Company or Company’s suppliers in the Site anxieties content. Note that these Terms and access to the Site site give you any rights, title, or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its supplier’s reserve all rights not granted in these Terms.

User Content

User Content. “User Content” means all information and content that a user submits to the Site. The site is exclusively responsible for your User Content. You bear all risks associated with the use of your User Content. You certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is provided, sponsored, or endorsed by Company. BeCompanyou alone is responsible for your User Content. You may expose yourself to liability. The Company is Companyiged to backup any User Content that you post; also, your User Content may be deleted without prior notice to you. You are solely responsible for making your backup copies of your User Content if you desire.

You now grant to Company a Companysible, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the preceding rights, solely to include your User Content in the Site. YSiteereby irreversibly waives any claims and assertions of moral rights or attribution concerning your User Content.

Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Site toSitelect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that violates any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site anSiteftware intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site toSitevest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, stellate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, writer through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; site) use software or automated agents or scripts to produce multiple accounts on the Site. The site generates computerized searches, requests, or queries to the Site.

WSiteserve the right to review any User Content and investigate or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account by Section 8, or reporting you to law enforcement authorities.

Suppose you provide Company witCompanyeedback or suggestions regarding the Site. The Company wilCompany any Feedback you provide to Company as Companyfidential and non-proprietary. In that case, ySiteereby assigns to Company company in such Feedback and agree that Company she company the right to use and fully exploit such Feedback and related information in any manner it believes appropriate.

You agree to indemnify and hold Company andCompanyficers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (Site our violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content—the company resCompanyhe right to assume the exclusive defense and control of any matter. It would help if you indemnified us and agreed to cooperate with our defense of these claims. You agree not to settle any case without the Company’s prior written consent. ThCompanyny wilCompanyeasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The Site maintains links to third-party websites and services or displays advertisements for third parties. Such Third-Party Links & Ads are not under the Company’s control. The accompanying is Companyponsible for any Third-Party Links & Ads. The company proCompanyccess to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations for Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users. Each Site user is solely responsible for all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content provided by you or others. If there is a dispute between you and any Site user, we are under no obligation to become involved. You agree that Company wi company is responsible for any loss or damage incurred due to any such interactions.

You now release and forever discharge the Company andCompanyficers, employees, agents, successors, and assigns from, and now waive and relinquish, every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to the Site. ISiteu is a California resident. You now waive California civil code section 1542 in connection with the previous, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or she must have materially affected his or her settlement with the debtor.”

Cookies and Web Beacons. Like any other website, Mikeprg.com uses ‘cookies.’ These cookies store information, including visitors’ preferences and the pages on the website that the visitor accessed or visited. The data is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type or other information.

Google DoubleClick DART Cookie. Google is one of the third-party vendors on our Site. The site uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.website.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads.

Our Advertising Partners. Some of the advertisers on our Site master cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has its Privacy Policy for its policies on user data. For easier access, we hyperlinked to their Privacy Policies below.

Disclaimers

The Site isSitevided on an “as-is” and “as available” basis, and the Company andCompanyppliers expressly disclaims all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Our suppliers and we do not guarantee that the Site wiSiteeet your requirements will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable, the law requires any warranties to the Site, as iTouch warranties are limited to ninety (90) days from first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall Company or Companypliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these terms or your use of, or incapability to use the Site evSitef the Company hasCompanydvised of the possibility of such damages. Access to and use of the Site isSiteyour own discretion and risk. You will be solely responsible for any damage to your device or computer system or data loss.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement will be limited to fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. Site suspend or terminate your rights to use the Site atSite time for any reason at our sole discretion, including for any use of the Site in Site location of these Terms, upon the termination of your rights under these Terms, your Account and right to access and use the Site wiSiteerminate immediately. You understand that any termination of your Account may involve deleting your User Content associated with your Account from our live databases. The Company wilCompanyave any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions will remain in effect: Sections 2 through 2.5, Section 3, and Sections 4 through 10.

Copyright Policy.

In connection with our Site, wSiteve adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and the termination of users of our online Site website repeated infringers of intellectual property rights, including copyrights. The Company resCompanyhe intellectual property of others and asks that users of our Site doSite same. Suppose you believe that one of our users is, through our Site, usefully infringing the copyright(s) in work and wish to have the allegedly infringing material removed. In that case, the following information in the form of a written notification (under 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  • your physical or electronic signature;
  • identification of the copyrighted work(s) that you claim to have been infringed;
  • identification of the material on our services that you claim is infringing and that you request us to remove;
  • sufficient information to permit us to locate such material;
  • your address, telephone number, and email address;
  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • a statement that the information in the notification is accurate and under penalty of perjury, that you are either the copyright owner that has allegedly been infringed, or that you are authorized to act on behalf of the copyright owner.

Please note that under 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notice and allegation of copyright infringement.

General

These Terms are subject to occasional revision. If we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us and prominently posting Nota ice of the changes on our Site. The site is responsible for providing us with your most current email address. Suppose the last email address you have provided us is not valid. In that case, our dispatch of the email containing such notice will nonetheless constitute adequate Notice of the changes described in the Notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of the changes on our Site. Site changes will be effective immediately for new users of our Site. Continued use of our Site foSiteing notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and company your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. This Arbitration Agreement applies to you and the Company, company subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, and all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company the Companyt be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief. A Notice to the Company should be sent to California / San Francisco. After the Notice is received, you and the Company accompany to resolve the claim or dispute informally. If you and the Company do Companyolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the award amount to which either party is entitled.

Arbitration Rules. The arbitration shall be initiated through the American Arbitration Association. An established alternative dispute resolution provider that offers arbitration as outlined in this Section. If A.A.A. is not available to arbitrate, the parties shall agree to select an alternative A.D.R. Provider. The rules of the A.D.R. Provider shall govern all aspects of the arbitration except to the extent such rules conflict with the Terms. The A.A.A. Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the A.A.A. at 1-800-778-7879. A single, neutral arbitrator shall conduct the arbitration. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (U.S. $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (the U.S. $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held within 100 miles of your residence unless you reside outside of the United States and unless the parties agree otherwise. If you live outside of the U.S., the arbitrator shall give the parties reasonable notice of any oral hearings date, time, and place. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you a prize more fabulous than the last settlement offer that the Company madCompanyu before the initiation of arbitration, the Company wilCompanyou the greater of the award or $2,500.00. Each party shall bear its costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and expenses of the A.D.R. Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online, and based solely on written submissions; the party initiating the arbitration shall choose the specific manner. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or the Company purCompanybitration, the arbitration action must be initiated or demanded within the statute of limitations and any deadline imposed under the A.A.A. Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company. AnCompanyispute will not be consolidated with any other matters or joined with other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the power to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the A.A.A. Rules, and the Terms. The arbitrator shall issue a written award and statement describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s award is final and binding upon you and the Company.

Company Jury Trial. THE PARTIES now WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less expensive than rules applicable in a court and are subject to minimal review by a court. Suppose any litigation should arise between you and the Company in Company or federal court in a suit to vacate or enforce an arbitration award. In that case, YOU AND THE COMPANY waive ALL RIGHTS TO A JURY TRIAL, instead electing that a judge resolves the dispute.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, enforce an arbitration award, or seek injunctive or equitable relief.

Severability. Suppose any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction. In that case, such specific details shall be of no force and effect and shall be severed, and the remainder of the agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations outlined in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company.

SmCompanyims Court. Nonetheless, the previous, either you or the Company mayCompanyan individual action in small claims court.

Emergency Equitable Relief. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. Anyhow the previous, either party may seek equitable emergency relief before a state or federal court to maintain the status quo pending arbitration.

Claims Not Subject to Arbitration. Notwithstanding the previous, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the previous Arbitration Agreement permits the parties to litigate in court, the parties now agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.

The Site site is subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, orCompanyoducts utilizing such data, in violation of the United States export laws or regulations.

The Company is Company at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or telephone at (800) 952-5210.

Electronic Communications. The communications between you and Company useCompanyonic means, whether you use the Site orbited us emails-, or whether the Company posts notices on the Site orSitemunicates with you via email-. For contractual purposes, you (a) consent to receive communications from Company in Companytronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company proCompanyo you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copywriting.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. OSiteailure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” Suppose any provision of these Terms is held to be invalid or unenforceable. In that case, the other provisions of these Terms will be unimpaired. The invalid or unenforceable provision will be deemed modified to be valid and enforceable to the maximum extent permitted by law. Your relationship to Company is Company, an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s pCompany’sten consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the previous will be null and void. The Company may company assigned these Terms. The terms and conditions outlined in these Terms shall be binding upon assignees.

Your Privacy. Please read our Privacy Policy.

Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos, and service marks are displayed on the Site arbiter property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such a third party that may own the Marks.

Contact Information

Address: California / San Francisco

Email-: [email protected]

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