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Terms of Use

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Terms of Use: What Happens Now

PLEASE READ CAREFULLY

Your access to and use of the www.whathappensnow.com web site (the "Site"), and/or subscription to and use of any services accessible on the Site (the "Services") which is owned and operated by What Happens Now, LLC ("WHN") is limited and conditioned upon acceptance of and agreement to the following terms and conditions. Your access and use of the Site indicates your binding acknowledgement that you have read and agree to these terms and conditions, whether or not you elect to become a subscriber. If you do not agree, do not use this Site. We also reserve the rights to terminate your access and use of the Site for conduct that violates these Terms of Use, or WHN's other rights, or is otherwise illegal, harmful or inappropriate:

General

WHN grants you a limited, non-exclusive, nontransferable license to access, use and display single copies of pages contained on the Site for internal, noncommercial, personal use on the machine you are presently using, and, in certain cases, following registration and contingent upon payment of applicable subscription fees to access and utilize the Services for yourself and your immediate family members residing with you. Your exercise of this limited license is subject to and conditioned on honoring the then-current Terms and Conditions of this Agreement, and this license will automatically terminate if you breach any term of this Agreement. AS OWNER OF THE SITE, WHN RESERVES THE RIGHT TO REFUSE USE OF OR REVOKE ITS LICENSE TO THE SITE TO ANYONE, FOR ANY REASON.

Your License to Use the Site and Services

WHN grants you a limited, non-exclusive, nontransferable license to access, use and display single copies of pages contained on the Site for internal, noncommercial, personal or family use and on the machine you are presently using, and, in certain cases, following registration and contingent upon payment of applicable subscription fees to access and utilize the Services. Your exercise of this limited license is subject to and conditioned on honoring the then-current Terms and Conditions of this Agreement, and this license will automatically terminate if you breach any term of this Agreement. AS OWNER OF THE SITE, WHN RESERVES THE RIGHT TO REFUSE USE OF OR REVOKE ITS LICENSE TO THE SITE TO ANYONE, FOR ANY REASON.

Except for the printing and storage of copies of the information for your noncommercial, personal use or the downloading and printing of certain specified forms, checklists and other materials for yourself and your immediate family members residing with you, you may not copy, forward or make any other distribution or use of any portion of this web site by any means without WHN's prior written permission. All rights not expressly granted herein are reserved by WHN, and any unauthorized use of these materials could subject you to civil and/or criminal penalties under applicable copyright, trademark, unfair competition or other applicable laws.

Intellectual Property Notices

This web site is owned and operated by WHN, and unless otherwise specified, all material appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of WHN, 2004 -2006 WHAT HAPPENS NOW, LLC. ALL RIGHTS RESERVED.

Except where noted, all graphics, icons, logos, trademarks, service marks, slogans and other commercial symbols are owned by WHN.

Stories, E-mails and Discussions

1. Illegal Materials: Subscriber shall not upload to, or distribute or otherwise publish on the site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
2. Misuse: Subscriber will not threaten or verbally abuse other subscribers, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."
3. Offensive Language: Subscriber shall not use language that discriminates or offends on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the WhatHappensNow.com site. Personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the WhatHappensNow.com site.
4. Non-Commercial Use Only: The Stories area shall be used only in a noncommercial manner. Subscriber shall not distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
5. Right to Edit and Remove: Subscriber is solely responsible for the content of Subscriber's messages. However, while WHN does not and cannot review every message posted on Stories and is not responsible for the content of these messages, WHN reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

Membership

1. Responsibilities and Warranties

As a member and/or prospective Services subscriber, you agree that: (a) all information provided in any subscription registration is accurate and complete and is not fraudulent or misleading; (b) you are 18 years of age or older and possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement; and (c) you will not access or use the Site or Services in any manner that is prohibited by law or to facilitate the violation of any law. Such prohibited conduct will include, but not be limited to, any use that infringes or otherwise violates the intellectual property rights of WHN or any third party, or that invades the privacy of any third party; any immoral, deceptive, scandalous, defamatory, threatening, harassing or obscene conduct or communication; or any attempted use to breach or alter the security functions of the Site and Services; or any use of the Site, Services or information therein for solicitation or other unauthorized purposes, including those outlined below in the "Compliance With Laws" section.

Unless otherwise indicated, all Services are provided as a prepaid, nonrefundable basis for the time periods indicated. Subscriptions are automatically renewed unless you opt out. You agree that you are financially responsible for the full amount of any Services or products you acquire from the Site; that any credit card entered is valid, belongs to you (or your paying organization) and has sufficient available credit to complete the proposed transaction and all applicable taxes relations to use of the Site; and that your subscriber rights are personal and nontransferable, except for the limited license rights to share certain forms and information with members of your immediate family who reside with you. The Site reserves the right to cancel your account if the Site cannot receive payment or if payment information is fraudulent.

2. Registration Identification and Passwords

Your Site subscriber registration identification and password are confidential and proprietary and you will not disclose your registration identification or password to or share them with any third parties, or otherwise use your registration identification or password for any unauthorized purpose. You agreed to notify us promptly of any theft or unauthorized disclosure or use of your Subscriber identification or password, and agree that WHN is not liable for any damages or other claims relating to the loss or misuse of any user id, password or account, that WHN cannot guarantee or warrant absolute security of communications with or within the Site.

Member Name and Password As part of the registration process, Subscriber will select a User Name and Password. You also have to give us certain registration information, all of which must be accurate and updated. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a User Name in which another person has rights without such person's authorization; or (iii) use a User Name that WHN, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You agree to take reasonable measures to protect the security of your Password.

Unauthorized Use: You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your User Name and Password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at WHN's sole discretion, and WHN may refer you to appropriate law enforcement agencies. You shall notify WHN of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

System Integrity

You agree that you will not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data or personal information from the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques.

Submissions

Any communication or material other than your personal information submitted to this site by electronic mail or otherwise is made with the understanding and agreement that you release, transfer and irrevocably assign all rights and interests therein to WHN, and that such information is the exclusive property of WHN and is considered to be non-confidential and non-proprietary. Such communication may include without limitation questions, comments, suggestions and ideas, and WHN shall be free to use them for any purposes whatsoever without restriction or compensation.

Questions

You can direct any questions regarding these Terms and Conditions of use to:
ideas-info@whathappensnow.com

Compliance with Laws

You will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site or your acquisition of products or Services and posting and retrieval of information (including without limitation those governing export control, unfair competition, antitrust, and false advertising). You are responsible for paying all applicable fees and taxes you incur to buy products and Services, or to access our servers.

No Warranties; Exclusion of Damages and Liability

WHN does not verify or warrant the absolute reliability, accuracy, timeliness, completeness or suitability of its information, or that its site is free from human or machine readable errors, omissions, delays, losses or interruptions. WHN also does not warrant that any downloadable files or other content on the Site will be free from infection by virus, worm or other potentially harmful code.

WHN PROVIDES THE SITE AND SERVICES ON AN "AS IS, WHERE IS, AND AS AVAILABLE" BASIS FOR YOUR INFORMATIONAL USE AND EVALUATION ONLY. WHN MAKES ABSOLUTELY NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WHN ALSO DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR SERVICES, AND HEREBY NOTIFY USERS THAT OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ALL USE OF THE SITE OR SERVICES IS AT YOUR OWN RISK.

BY USING THIS SITE, YOU ALSO ACKNOWLEDGE AND AGREE THAT WHN EXPRESSLY DISCLAIMS, AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE OR INJURY THAT MAY RESULT FROM RELIANCE ON, OR USE OF, ANY WHN INFORMATION, PRODUCT, SERVICE, INSTRUCTION, RECOMMENDATION OR IDEA THAT IS CONTAINED ON THE SITE. OR THAT IS OFFERED BY ANY THIRD PARTY VIA LINKED ACCESS THROUGH THE SITE.

Links/Information on The Site

The Site makes certain information and/or links available provided by third parties related to various professional fields such as building or insurance and governmental/organizational agencies such as FEMA and the Red Cross. The Site does not give advice in any such fields and in no way endorses any of the information provided in this manner. IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH IN THE "NO WARRANTIES; EXCLUSIVE OF DAMAGES" AND LIABILITY SECTION ABOVE. Those provisions will have special importance for you. All information made available through the Site is made available subject to its Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth.

THE SITE ADVISES AND ENCOURAGES YOU TO SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.

Privacy Policy

WHN privacy policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. Our privacy policy governs the use of personal information provided by you while using this site. To view WHN's privacy policy, click here.

Indemnification

You agree to indemnify WHN from and against any and all claims and damages of any kind (including attorneys' fees or other costs incurred) resulting from your use of the Site, from your breach of any provision of this Agreement or from any actions you take. We reserve the right to report any wrongdoing by you, if we become aware of it, to the applicable government authorities.

Governing Law

These Terms of Use and your relationship with WHN shall be governed by U.S. federal law or the internal laws of the State of Minnesota, without giving effect to applicable conflicts of law principles. You irrevocably agree to submit to the personal jurisdiction and venue of the courts located within the State of Minnesota for any disputes regarding the Site, Services or any other claims against WHN or its owners, officers, directors, employees, or other representatives. In any such action, partywhere it prevails, WHN shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.

Any failure by WHN to exercise any of its rights hereunder will not constitute a waiver of such right. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.