This User Agreement ("Agreement") is between you and Clann Muir,
with a principal place of business at P.O.Box 375, Lewistown,
Montana, USA.
This Agreement shall apply to the following Clann Muir, Web site.
(Collectively and individually hereinafter referred to as the
“Clann Muir, Online" the "Web site," or the "Site.") Your rights
and obligations under this Agreement and in using this Site are not
assignable.
Your use and access of the Clann Muir OnlineWeb site constitutes
your acceptance, without modification, of the terms, conditions and
notices contained herein. In addition, when using particular Clann
Muir Online services, you shall be subject to any posted
guidelines, rules, and policies applicable to such services that
may be posted from time to time. All such guidelines, rules, and
policies are hereby incorporated by reference into this
Agreement.
By using the Clann Muir OnlineWeb site,
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU
ACCEPT THE TERMS THEREOF.
Please read the following terms carefully. If you do not agree to
the terms and conditions of this Agreement, you may not access,
view, obtain goods or services from, or otherwise use the Clann
Muir OnlineWeb site.
1. You acknowledge that upon becoming a member of Clann Muir
Online, you are automatically subscribed to receive notifications
including but not limited to updates on your Account, Group, or
Forum discussions. If you would not like to receive these
notifications, you can remove yourself from these lists at any time
at your member management page.
2. You acknowledge that you are 13 years of age or older, and, if
under the age of 18, are using this Web site under the supervision
of a parent, legal guardian, or other responsible adult. Children
under the age of 13 are not allowed to visit or otherwise use our
Site.
3. You agree to the terms and conditions of the Clann Muir, Privacy
Policy, hereby incorporated by reference, which details the ways in
which we and other parties might use personal information that
belongs to you. In accordance with this Policy, we may use
information and materials received from you or collected through
your use of our Site.
4. You are responsible for regularly reviewing this User Agreement.
Clann Muir, reserves the right, at its sole discretion, to change,
modify, add, remove or terminate any portion of this Agreement, in
whole or in part, at any time, without prior notice.
5. You acknowledge that you own or otherwise control all of the
rights to the content that you post; that the content is accurate;
that use of the content you supply does not violate this Agreement
and will not cause injury to any person or entity; and that you
will indemnify Clann Muir, or its affiliates for all claims
resulting from content you supply.
6. You shall not upload, email, post or transmit to, or distribute
or otherwise publish through the Clann Muir OnlineWeb site any
material which: (i) disrupts the normal flow of dialogue and/or
exchange on the Site, including posting or otherwise transmitting
material that is not related to the subject at issue or otherwise
restricts or inhibits any other user from using and enjoying the
Clann Muir OnlineWeb site; (ii) is unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, offensive, harassing,
hateful, embarrassing, pornographic, profane, sexually explicit, or
indecent; (iii) constitutes or encourages conduct that would
constitute a criminal offense, potentially give rise to civil
liability (including claims of defamation and/or libel), or
otherwise violate the local, state, or national laws of any
country; (iv) violates, plagiarizes, or infringes the rights of
third parties including, without limitation, copyright, trademark,
patent, rights of privacy or publicity, trade secrets, or any other
proprietary right; (v) contains a virus, worm, Trojan horse, or
other harmful component; (vi) contains any information, software,
or other material of a commercial nature; (vii) contains
solicitations or advertisements of any kind; (viii) constitutes or
contains false or misleading indication of origin or statement of
fact; or (ix) contains chain letters or pyramid schemes.
7. You will not create or participate in rooms determined by Clann
Muir, to have been created for the purpose of exchanging or
swapping images, music, or other protected intellectual
property.
8. We reserve the right to release information to the proper
authorities, as a result of a violation of our standards or
unlawful acts, if the information is subpoenaed and/or if we deem
it necessary and/or appropriate. Clann Muir, has the right, but not
the obligation, to refuse service, terminate accounts, or remove or
edit content, in its sole discretion.
9. By posting messages, creating or modifying a home page,
chatting, uploading files, inputting data, transmitting e-mail, or
engaging in any other form of communication (individually or
collectively "Communications") to or through the Clann Muir
OnlineWeb site, you hereby grant to Clann Muir, a perpetual,
worldwide, irrevocable, unrestricted, non-exclusive, royalty-free
license to use, copy, license, sublicense, adapt, distribute,
display, publicly perform, reproduce, transmit, modify, edit and
otherwise exploit such Communications throughout the world, in all
media now known or hereafter developed. You hereby waive all rights
to any claim against Clann Muir, for any alleged or actual
infringements of any proprietary rights, rights of privacy and
publicity, moral rights, and rights of attribution in connection
with such Communications.
10. You will be responsible for your own Communications and the
consequences of posting or otherwise transmitting those
Communications. Clann Muir, does not represent or guarantee the
truthfulness, accuracy, or reliability of any material posted or
otherwise transmitted by Clann Muir OnlineWeb site users or endorse
any opinions expressed by such users. Clann Muir Online does not
screen, monitor or approve Communications from our Web site users
in advance. If we receive notification about a user regarding
Communications which allegedly do not conform to this Agreement,
Clann Muir, has the right, but not the obligation, to investigate
the allegations and determine in good faith and at its sole
discretion whether to remove or request the removal of the
Communication. We have no liability or responsibility to users for
performance or nonperformance of such activities. Clann Muir,
reserves the right to expel users and prevent their further access
to the Clann Muir OnlineWeb site for violating this Agreement or
violating the law. We have the right, but not the obligation, to
remove Communications that are abusive, illegal, disrespectful,
disruptive, or otherwise problematic.
11. Clann Muir, may immediately, without prior notice, issue a
warning, temporarily suspend, indefinitely suspend, or terminate
your use of and access to the Site, at our sole discretion, for any
reason, whether with or without cause or warning, and without
liability. Your sole remedy against Clann Muir, in the event of a
dispute arising out of this Agreement, the Site or your use
thereof, is to terminate this Agreement by ceasing your use of the
Site. In the event of termination of this Agreement, Clann Muir,
may delete and/or store, in its discretion, data associated with
your use of the Site. Clann Muir, may also change, suspend, or
discontinue any aspect of the Clann Muir OnlineWeb site at any
time, including the availability of any Web site feature, database,
or content.
12. The Clann Muir OnlineWeb site contains information and press
releases about us. While this information was believed to be
accurate as of the date prepared, we disclaim any liability arising
from its accuracy and any duty or obligation to update this
information or any other content. Our Site may include statements
concerning our operations, prospects, strategies, financial
condition, future economic performance, and demand for our products
or services, as well as our intentions, plans, and objectives that
are forward-looking statements. These statements are based upon a
number of assumptions and estimates that are subject to significant
uncertainties, many of which are beyond our control. When used on
our Site, words like "anticipates," "expects," believes,"
"estimates," "seeks," "plans," "intends," and similar expressions
are intended to identify forward-looking statements designed to
fall within securities law safe harbors for forward-looking
statements. The Clann Muir OnlineWeb site and the information
contained herein do not constitute an offer or a solicitation of an
offer for the sale of any securities. None of the information
contained herein is intended to be, and shall not be deemed to be,
incorporated into any of our securities-related filings or
documents.
13. Clann Muir, makes no warranty, express or implied, with respect
to the content, information, or services provided through, or in
conjunction with, the Clann Muir OnlineWeb site. We make no
guarantee of the accuracy, correctness or completeness of any
information on the Site, and shall not be responsible for: (i) any
errors of omission arising from the use of such information; (ii)
any failures, delays or interruptions in the delivery of any
content or service contained within the Clann Muir OnlineWeb site;
and (iii) any defamatory, libelous or unlawful material contained
within the Site, including user Web pages, resumes, emails,
profiles, opinions, advice, statements, memorandums or discussion
board postings, or materials related to a users' use of the Site's
chat features. You acknowledge that any reliance upon any such
opinion, advice, statement, memorandum, or information shall be at
your sole risk. You acknowledge that neither Clann Muir, nor its
Web site members, while such members are participating in the Site,
are engaged in rendering legal, medical, counseling, or other
professional services or advice. We encourage you to seek
appropriate professional advice for any situation or problem that
you may have. Clann Muir, has the right, but not the obligation, to
correct any errors or omissions in any portion of the Clann Muir
OnlineWeb site.
14. Clann Muir, is not involved in any transaction between any
parties who use our Site. There are risks that you assume when
dealing with people who might be acting under false pretenses; all
of these risks are borne by you. The Clann Muir OnlineWeb site is a
venue only and we do not screen, censor, or otherwise control the
Advertisements or other listings ("Advertisements"), its users or
their behavior. We cannot control whether or not users of our
Advertisement will complete the transactions they describe on our
Site.
It is extremely important that you use care throughout your
dealings with other people on this Site. Clann Muir, prohibits
misleading offers that do not list the total purchase price or a
"bait & switch" of products; advertisements listed in the
incorrect category; duplicate listings that contain more than 60%
of the same characters, regardless of category; and criminal offers
including but not limited to registering another email address
other than your own.
Clann Muir, prohibits the transmission, distribution or posting of
any matter which discloses personal or private information
concerning any person or entity, including without limitation phone
number(s) or addresses, credit debit cards, calling card, user
account numbers/ passwords or similar financial information, and
home phone numbers or addresses.
Even though all of this is strictly prohibited, there is a small
chance that you might become exposed to such items and you further
waive your right to any damages, from any party, related to such
exposure.
Clann Muir, prohibits the listing or sale of the following goods
for any reason, including but not limited to any item that is
illegal to sell under any applicable law, statute, ordinance or
regulation including the following: Food (other than packaged food
meeting all applicable federal state and local standards for sale
to consumers by commercial merchants) Alcoholic beverages (except
if you are reselling an alcoholic beverage that was initially
purchased from a retailer and it still in its original container
and it is legal to deliver to the buyer and into the jurisdiction
where the buyer is) Firearms (as defined from time to time by the
B.A.T.F.) Cigarettes or any other tobacco product for human
consumption Pharmaceuticals or any other controlled substance
Dangerous, counterfeit or stolen goods Goods which do not actually
exist Any good that infringes or violates anyone's rights.
Any item, which in Clann Muir,'s sole discretion, is inflammatory,
offensive or otherwise inconsistent with our standards of business
ethics. Any messages, data, or images that might be considered by a
reasonable person to be obscene or which contain racial, ethnic,
religious slurs or derogatory epithets, or advocating violence,
hate or other language that is deeply or widely offensive.
Clann Muir,'s Classifieds strongly opposes SPAM, which floods the
Internet with unwanted and unsolicited email and deteriorates the
performance and availability of the Classifieds service. All forms
of SPAM, and all activities that have the effect of facilitating
SPAM, are strictly prohibited.
Our Classifieds also prohibit the use of another Internet service
to send or post SPAM to drive visitors to your site hosted on or
through Clann Muir,'s Classifieds systems, whether or not the
messages were originated by you, under your direction, or by or
under the direction of a related or unrelated third party.
You understand and agree that you are responsible for all
applicable taxes and for all costs that are incurred in using the
Advertisements We may also, in our sole discretion, add or delete
fees associated with the service. You agree not to resell or assign
your rights or obligations under this User Agreement.
You also agree not to make any unauthorized commercial use of the
Advertisements or to make use of any person's information other
than as necessary to complete any Advertisement transactions in
which you are involved. There is no agency, partnership, joint
venture, and employee-employer or franchiser-franchisee
relationship between Clann Muir, Advertisment and any user of the
service.
15. Gathering email addresses from Clann Muir Onlinethrough
harvesting or automated means is prohibited. Posting or
transmitting unauthorized or unsolicited advertising, promotional
materials, or any other forms of solicitation to other users is
prohibited. Inquiries regarding a commercial relationship with
Clann Muir, should be directed to: guardian( at ) clannmuir.com
16. YOU AGREE THAT YOUR USE OF THE Clann Muir OnlineWEB SITE IS AT
YOUR OWN RISK. THE Clann Muir OnlineWEB SITE, INCLUDING ALL
CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR
INFORMATION MADE AVAILABE OR DISCUSSED ON OR ACCESSED THROUGH THE
Clann Muir OnlineWEB SITE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF
ANY KIND. IN NO EVENT SHALL Clann Muir, BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OF THE Clann Muir OnlineWEB
SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT
OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY
ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH
THE Clann Muir OnlineWEB SITE OR ANY LINKED SITE, OR FOR ANY
INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE Clann Muir
OnlineWEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF MILITARY ADVANTAGE INC. HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM MILITARY ADVANTAGE,
INC'S NEGLIGENCE OR GROSS NEGLIGENCE. FURTHER, Clann Muir,
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A
PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE Clann Muir OnlineWEB SITE OR ANY MATERIALS OR CONTENT
CONTAINED OR AVAILABLE THEREIN WILL BE UNINTERRUPTED OR ERROR FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE Clann Muir OnlineWEB
SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, Clann Muir,'S LIABILITY SHALL BE LIMITED TO THE
FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR
WITHIN THE BODY OF THIS SITE AND ARE INCORPORATED HEREIN BY
REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER
RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL CONTAINED
THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
17. The links found on the Clann Muir OnlineWeb site will let you
leave our Web site and go to sites operated by parties other than
Clann Muir, The linked sites are not under the control of Clann
Muir, and we are not responsible for the contents of any linked
site or any link contained in a linked site, or any changes or
updates to such sites. Such links by the Clann Muir OnlineWeb site
to sites maintained by third parties do not constitute an
endorsement, guaranty, or warranty by Clann Muir, or any of its
affiliates, of any third party or their content, nor the existence
of a partnership, joint venture, agency, or other relationship
between Clann Muir, or any of its affiliates, and any linked third
party or their Content.
Clann Muir, does not assume any responsibility or liability for the
actions, product, content and/or information of these and other
third parties and/or their web sites. You should carefully review
their privacy statements and other conditions of use.
18. By offering a number of third party products and services,
including advertisements, on our Site, Clann Muir, makes no
warranties or representations of any kind as to the content or
suitability of the subject matter of any web site, product or
service from any such third party business or individual. Clann
Muir, expressly disclaims liability for direct, consequential, or
incidental damages arising from the products, services,
advertisements, actions, or web site content of these and any other
third parties, and you waive any claims against Clann Muir, for
damages arising from such transactions or your reliance upon
Statements contained therein. You will not consider Clann Muir, nor
will Clann Muir, be construed as, a party to such transactions,
whether or not we may have received some form of revenue or other
remuneration in connection with the transaction. Merchants are
responsible for all aspects of order processing, fulfillment,
billing, and customer service.
You agree that use of such merchants is AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS
Clann Muir, LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS FOUND ON THE Clann Muir OnlineWEB SITE OR
FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED FROM OR TO OUR SITE.
19. The Clann Muir OnlineWeb site makes chat rooms, forums, and
message boards, email, user-generated homepages, classifieds,
and/or news groups available to its users provided that they abide
by the online behavior detailed in this Agreement.
Please remember that any information that is disclosed in these
areas becomes public information, and you should Exercise caution
when deciding to disclose your personal information. We have the
right, but not the obligation, to deny the posting of material and
to edit, remove, and use any material on our Site. You shall not
impersonate someone else, including one of our trained chat hosts,
nor use deceptive nicknames that would lead people to believe you
are a person, entity, or rank that you are not.
Use of names, such as “Guardianl” or “High Commissioner” "Chief" or
"Convenor"is both misleading and disrespectful if you are not of
these ranks.
You will not stalk others in our chat rooms or in another manner.
Such behavior is a serious offense and may be considered a criminal
act.
20. This Agreement shall be governed and constructed in accordance
with the laws of the State of Montana without regard to conflicts
of law provisions. Sole and exclusive jurisdiction for any action
or proceeding arising out of or related to this Agreement shall be
an appropriate state or federal court located in Helena,
Montana.
21. Any cause of action you may have with respect to your use of
the Clann Muir OnlineWeb site must be commenced within one year
after the claim or cause of action arises. If for any reason a
court of competent jurisdiction finds any provision of this
Agreement or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to affect
the intent of the Agreement, and the remainder of this Agreement
shall continue in full force and effect.
22. You shall defend or settle at your sole expense any claim or
suit, including without limitation any proceeding, investigation or
claim by a self-regulatory organization, state or federal
securities agency or commission, (collectively, an "Action")
against Clann Muir, and/or each of its affiliates, directors,
officers, agents, employees or sublicensees, (collectively, the
"Indemnitee") to the fullest extent permitted by law arising out of
or in connection with (1) an assertion that the information,
content or other materials or services provided or made available
by you or the use thereof may infringe any copyright or trademark
rights of any individual or entity, or are a misappropriation of
any individual or entity's trade secret, or contain any libelous,
defamatory, disparaging, pornographic, or obscene materials; (2)
any breach by you of your obligations under this Agreement; and (3)
any content provided by you in a chat room, message board, e-mail,
or home page (created or used by you) on the Clann Muir OnlineWeb
site, or statements made by you in the Site or through other media.
You shall indemnify and hold harmless the Indemnity from and
against any and all damages, costs, liabilities and attorneys' fees
incurred in defending and/or resolving such Action.
23. Notices under this Agreement shall be sufficient only if in
writing and transmitted via personal delivery, delivered by a major
commercial rapid delivery courier service, or mailed, postage or
charges prepaid, by certified or registered mail, return receipt
requested, to Clann Muir, Attention Legal Department, P.O. Box 375,
Lewistown, Mt. 59457 24. This Agreement and our Privacy Policy
contain the entire agreement between you and Clann Muir, with
respect to this Site. It supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and Clann Muir, with respect to this Site. Any
rights not expressly granted herein are reserved.
COPYRIGHT The content, organization, graphics, design, compilation,
magnetic translation, digital conversion, and other matters related
to the Clann Muir OnlineWeb site are protected under applicable
copyrights, trademarks, and other proprietary (including but not
limited to intellectual property) rights as a collective work
and/or compilation, pursuant to international conventions and U.S.
and other copyright laws. The names Clann Muir, the Clann Muir
Online logos, are, inter alia, trademarks and/or property of Clann
Muir, that may be registered in certain jurisdictions. Other
product and company names mentioned herein may be the trademarks of
their respective owners. The contents and every part thereof, of
the Clann Muir OnlineWeb site are only for your personal,
non-commercial use. You do not acquire ownership rights to any
content, document, or other materials viewed through our Site. The
posting of information or materials on the Clann Muir OnlineWeb
site does not constitute a waiver of any right in such information
and materials. You will abide by any and all additional copyright
notices, information, or restrictions contained in any content on
our Site. Unless otherwise prohibited from doing so, you may
download and make one (1) copy of the content and other
downloadable items displayed on the Clann Muir OnlineWeb site for
your personal, noncommercial use only, provided that you maintain
all copyright and other notices contained in such content. Any
copying, republication, or redistribution of Clann Muir OnlineWeb
site content, including by caching, framing, or similar means, is
expressly prohibited without the prior written consent of Clann
Muir, and/or the respective intellectual property rights holder
identified in the subject content. Clann Muir, respects the
intellectual property rights of others and expects our users to do
the same.
The policy of Clann Muir, is to terminate the accounts of repeat
copyright offenders and other users who infringe upon the
intellectual property rights of others. If you believe that your
work has been copied in a way that constitutes copyright
infringement, please provide Clann Muir,'s Copyright Agent &
Counsel with the following information required by the Online
Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act, 17 U.S.C. § 512: (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 copyright work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list of
such works at that site; (3) identification of the material that is
claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to
locate the material; (4) information reasonably sufficient to
permit us to contact the complaining party; (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, its 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 infringed.
Clann Muir,'s Copyright Agent for notice of claims of copyright
infringement on this Site is:
Corporate Counsel Clann Muir,
P.O. Box 375 Lewistown, Montana, 59457
Email: