Terms Of Use And Sale

Last Updated and Effective as of: May 26, 2009.

1. User's Acknowledgment and Acceptance of Terms

Cateye Publishing & Consulting Group, LLC (referred to as “us” or “we“) provides (a) the CatEyePublishing.com website (“Website”), (b) the download and sale of electronic books (“eBooks”), (c) the download and use of software for the delivery of eBooks, (“Software”), and (d) services, features, functions and promotions associated with or offered in connection with the Website, eBooks, Software and related operations and activities (collectively referred to hereinafter as the “Services”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use and Sale”), as well as any other written agreement between you (or your company) and us. In addition, when using particular services or materials on this Website, users shall be subject to terms and conditions applicable to such services or materials, if any, in addition to those in these Terms of Use and Sale. All such additional terms and conditions are hereby incorporated by reference into these Terms of Use and Sale.

BY USING, OR ATTEMPTING TO USE, THIS WEBSITE; BY COMPLETING THE REGISTRATION PROCESS; OR BY PLACING, OR ATTEMPTING TO PLACE, AN ORDER THROUGH THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND SALE AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE AND SALE, YOU MUST EXIT THE WEBSITE NOW, MUST NOT USE, OR ATTEMPT TO USE, THIS WEBSITE AND MUST NOT OBTAIN PRODUCTS OR SERVICES FROM THE WEBSITE.

YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE AND SALE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.

We reserve the right to change these Terms of Use and Sale from time to time in our sole discretion without notice to you. All such changes will be effective when posted on the Website. You acknowledge and agree that it is your responsibility to review this Website and these periodically and to be aware of any modifications. Your continued use of this Website after such modifications will constitute your acknowledgement of the modified Terms of Use and Sale and agreement to abide and be bound by the modified Terms of Use and Sale.

As used in these Terms of Use and Sale, the term “Affiliates” means our owners, subsidiaries, affiliated companies, officers, directors, licensors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website and/or its Contents, or the Services.

2. Services

There may be separate end user license agreements or terms and conditions that you may need to accept in order to use or purchase a specific product or service. Your failure to accept and agree to those agreements or terms and conditions may prevent, restrict and/or limit your ability to use the Services.

We reserve the sole right to either modify or discontinue the Services, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current Services shall also be subject to these Terms of Use and Sale.

You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

3. Registration Data and Privacy

In order to access some of the Services, you will need a separate account and password that can be obtained by completing our online registration form, which requires that you supply certain information and data (“Registration Data“) and that you maintain and update your Registration Data. By registering for an account, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this Website, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use and Sale.

4. License; Reservation of Rights

By accepting these Terms of Use and Sale, you are granted a non-exclusive, non-transferable, non-sublicensable, limited right to use the Services solely for the purposes of purchasing, downloading and viewing eBooks.

We make no representations about the accuracy, reliability, completeness, or timeliness of any Content (as defined in Section 17 herein) or the results to be obtained from using our Services and you expressly agree that your use of our Services is solely at your own risk. You agree that you will only use our Services for non-commercial personal use and for no other purpose and no one other than you will use the Services under the license granted to you. Your right to use our Services is not assignable or transferable and may not be sublicensed. Other than the limited license granted in this Section 4, you have no other right, title or interest in the Services and any rights not specifically granted to you by us are fully reserved by us and our licensors, as applicable. Any unauthorized or prohibited use of our Services may subject you to civil liability, criminal prosecution, or both.

5. Software

When you use the Services, you may use the Software. We reserve the right to make available through the Website periodic updates, modifications and/or reinstallations of the Software. Such updates may be designed to address security, interoperability, performance or other issues. You consent that we and our suppliers may periodically update the Software without notice to you.

6. Order Acceptance and Cancellation

Once an order to purchase any Services has been placed, such order cannot be cancelled by you.

We are a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our Website.

We make every effort to maintain the availability of our Services. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

7. Payment of Fees

If you subscribe to a service or purchase a product on this Website that requires payment of a fee, you agree to pay all fees associated with such service. You agree to provide us with accurate and complete billing information at the time of purchase.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.

We accept payment through PayPal for all purchases. You represent and warrant that (i) the PayPal or credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by PayPal or your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

If, for any reason, PayPal or your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service. We may charge a fee for reinstatement of suspended or terminated accounts. You agree to pay the overdue amount by other means acceptable to us.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

8. Refund Policy

Once you click the "Buy Now" button and confirm, your purchases are charged to the PayPal account or credit card provided to us by you and no refunds are available.

9. Changes in Products and Pricing

We are constantly updating and revising our offerings of products and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products that you may order through our website.

All pricing for the products and services available on our Website is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

10. Advertising Disclaimer

The descriptions of products that are posted on our Website are the representations of our suppliers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, or advertising errors.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your PayPal account or credit card has been charged. If your PayPal account or credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.

11. Age Requirement

You must be at least 18 years of age to agree to and accept these Terms of Use and Sale on your own behalf unless otherwise permitted by us. If you are under 18 years of age, but are at least 13 years of age or older, your parent or legal guardian must accept these Terms of Use and Sale and register for the Website on your behalf unless we permit otherwise. In compliance with the Children's Online Privacy Protection Act ("COPPA"), as such may be amended from time to time, if you are under the age of 13, you are asked not to provide any information to us either through using the Website, participating in or entering any promotions, contests or sweepstakes related to the Website, or through any other activity. If we have any knowledge that you are under 13 years of age and without express parental consent, any information you submit will not be retained by us, as described in our Privacy Policy.

12. Cookies

If you erase, block or restrict cookies in connection with your use of the Website, your online experience and use of our Services may be limited. For example, you may not be able to log in or otherwise participate in certain promotions and you may not be able to view certain web pages.

13. Conduct on Site

Your use of the Website is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming“), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and Sale and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials“ below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else's use and enjoyment of the Website or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

14. Restrictions on Use

You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, decompile, disassemble, or otherwise alter, tamper or interfere with any aspect of the Website, Software, or Services. You may not distribute, exchange, modify, sell or re-sell, or transmit to any other person any part of the Services, including, but not limited to, any downloaded eBook, text, images, video or audio, for any business, commercial or public purpose. You agree not to copy, sell, distribute or otherwise transfer any downloaded eBook or Content (as defined in Section 17 herein) to any other person or entity. You agree to not spider, crawl, index, or in any non-transitory manner store or cache any metadata attached to public domain Content that is accessed through the Website. Any such violation may result in the termination of your access to such metadata.

15. Third Party Websites and Information

This Website may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied.

16. Privacy

By downloading, installing, activating or using the Services (including, without limitation, registering on the Website), you consent to the collection and processing of all information related to you and your use of the Services, including Registration Data. This information is obtained and collected by us and handled pursuant to the terms of the Privacy Policy, which is expressly made a part of these Terms of Use and Sale by this reference. By agreeing to these Terms of Use and Sale, you are also agreeing to the Privacy Policy.

17. Intellectual Property Information

Copyright © 2009 Cateye Publishing & Consulting Group, LLC. All Rights Reserved.

For purposes of these Terms of Use, “Content“ is defined as any information, communications, eBooks, logos, button icons, software, text, photos, video, graphics, music, sounds, digital downloads, data compilations, and other material or services that can be viewed on our Website. This includes, but is in no way limited to, message boards, chat, and other original content.

By accepting these Terms of Use and Sale, you acknowledge and agree that all Content provided through the Services is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, and is the sole property of Cateye Publishing & Consulting Group, LLC and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website including, but not limited to, eBooks in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties. See Section 19 “User’s Materials“ below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Cateye Publishing & Consulting Group, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use and Sale grants you any right to use any trademark, service mark, logo, and/or the name of Cateye Publishing & Consulting Group, LLC or its Affiliates.

18. Nature of Content

You understand that by using this Website and accessing the Content, you may encounter materials that you may find to be explicit, offensive, or otherwise objectionable. We may include, if available, information related to ratings, content type, and descriptions, if such information is provided by the applicable owners of the Content. However, we are not responsible for the accuracy of any such information. You agree to the following, irrespective of whether or not the Website includes parental control functions, and irrespective of the extent to which you use such parental control functions: (a) it is your responsibility to determine which Content meets your standards; and (b) under no circumstances will we or our Affiliates be liable in any way for any Content that you have access to. YOU AGREE TO USE THE WEBSITE AT YOUR SOLE RISK AND THAT WE AND OUR AFFILIATES SHALL HAVE NO LIABILITY TO YOU FOR ANY CONTENT CONTAINED ON THE WEBSITE OR IN THE SERVICES.

19. User's Materials

Subject to our Privacy Policy, any communication or material that you transmit to this Website or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, fully paid, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

You agree not to submit confidential or proprietary information to us unless we have mutually agreed otherwise in writing.

We respect the intellectual property of others, and you agree to do the same. If you or any user of this Website believes its copyright, trademark or other property rights have been infringed by a posting on this Website, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

Morris Law Firm (A Limited Liability Company)
1950 North Park Place, Suite 400
Atlanta, Georgia 30339
Attn: Jason C. Aufdermaur
jca@morrislawpartners.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

20. Disclaimer of Warranties

ALL SERVICES (as defined in Section 1) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF THE SERVICES OR ANY INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SERVICES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH SERVICES.

THE USE OF THE WEBSITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. WE DO NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; ANY SERVERS; OR ANY E-MAIL COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE, AS WITH MOST SOFTWARE, MAY CONTAIN BUGS AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, PHYSICAL OR ENVIRONMENTAL DAMAGE OR FINANCIAL LOSS. WE OR OUR AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS SUFFERED AS A RESULT OF SUCH A FAILURE OF THE SOFTWARE OR A BREACH OF SECURITY INVOLVING THE SOFTWARE, WHETHER OR NOT SUCH LOSS OR BREACH RESULTS FROM THE DELIBERATE, RECKLESS, OR NEGLIGENT ACTS OF ANY PERSON OR MAY HAVE BEEN FORESEEABLE.

Through your use of the Services, you may have the opportunities to engage in commercial transactions with other vendors. You acknowledge that all transactions relating to any merchandise or services offered by any other party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise or services and you. WE MAKE NO WARRANTY REGARDING ANY THIRD PARTY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this Website often represents the opinions and judgments of an information provider, Website user, or other person or entity not connected with Cateye Publishing & Consulting Group, LLC. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized spokesperson of Cateye Publishing & Consulting Group, LLC speaking in his/her official capacity.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

21. Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and Sale and your use of this Website shall be limited to the amount you paid us for the Services giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, THE SERVICES, OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY DAMAGE, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, DOWNLOADING FROM, OR BROWSING OF THE WEBSITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

22. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

23. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

24. Export Controls

Software available on or through this Website, if any, is subject to United States Export Controls. By installing, copying, or otherwise using the Services, you agree that: (i) you do not reside in a country subject to embargo or export controls by the U.S. government; (ii) you are not on the List of Denied Persons as published by the U.S. government; and (iii) you will not use the Website for any illegal purpose.

25. International Use

Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.

26. Term; Termination of Use

These Terms of Use and Sale shall remain in effect until terminated as provided herein. These Terms of Use and Sale and your right to use the Services is subject to immediate termination, without notice, (a) if you breach (or we reasonably suspect that you have breached) any provision of these Terms of Use and Sale, or (b) upon our discontinuation of our dissemination or support of the Services. If such termination without notice is expressly prohibited by applicable law, then such termination will occur upon notice. Upon termination, you must cease all use of the Services. If we terminate these Terms of Use and Sale, or suspend your access to all or part of the Website for any of the reasons set forth in these Terms of Use and Sale, we and our Affiliates shall have no liability or responsibility to you, and we will not refund any amounts that you have previously paid.

Sections 1, 3, 6, 8, 13, 15, 17, 20, 21, 22, 26-28 of these Terms of Use and Sale, as well as your liability for any unpaid fees, shall survive any termination.

27. Governing Law

This Website (excluding any linked Websites) is controlled by us from our offices within the State of Georgia, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Georgia, by accessing this Website both of us agree that the statutes and laws of the State of Georgia, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of products and services available through this Website. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Fulton County or the United States District Court for the Northern District of Georgia with respect to such matters.

28. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at cateyepublishing@aol.com, if by email, or at Cateye Publishing & Consulting Group, LLC, P.O. Box 310445, Atlanta, Georgia 30331, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Services or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use and Sale will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, postage paid, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; (5) on the delivery date if transmitted by confirmed email; or (6) on the date such notice is posted on the Website.

29. Entire Agreement

These Terms of Use and Sale, and our Privacy Policy constitute the entire agreement and understanding between you and us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use and Sale or Privacy Policy may not be altered, supplemented, or amended by any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by both you and us. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms of Use and Sale, these Terms of Use and Sale shall take precedence.

30. Miscellaneous

In any action to enforce these Terms of Use and Sale, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use and Sale to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use and Sale.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Services, or use of or access to this Website.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use and Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use and Sale or related rights shall not constitute a waiver of that right or provision.

28. Contact Information

Except as explicitly noted on this Website, the Services are offered by Cateye Publishing & Consulting Group, LLC, a Georgia limited liability company, located at P.O. Box 310445, Atlanta, Georgia 30331 or its Affiliates. Our telephone number is (404) 349-8670. If you notice that any user is violating these Terms of Use and Sale, please contact us at cateyepublishing@aol.com.