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Terms of Service Agreement Terms of Service Agreement

This Terms of Service Agreement ("Agreement") is made between PatrioticNotes.com ("Company") and any person (collectively "you", "your" or "I") who completes the registration process to open and maintain an account with the Company PatrioticNotes.com Site (collectively the "Site").

BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SITE.

Your non-acceptance does not relieve you of your responsibility and duty to NOT INFRINGE intellectual property, including copyrights and trademarks.

1. The Service and Registration

a. Description. The Products and Service is proprietary to Company and is protected by Trademark, Copyright and intellectual property laws and international intellectual property treaties. Your access to the Site is licensed and not sold. Company agrees to provide you with NON_EXCLUSIVE access to or use of the Site, consisting of access to a web page and storage space sole purpose of maintaining an account, subject to the terms and limitations set forth in this Agreement.

b. Accessability. You agree that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.

2. Representations and Warranties

You represent and warrant to Company that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth at Section 3; and (c) you have provided accurate and complete registration information, including, without limitation, your legal name, address and telephone number.

3. Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Site, which includes, without limitation, use of the Site to: (a) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network; (g) disseminate or transmit viruses, trojan horses or any other malicious code or program; or (h) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement.

4. Limitations

a. Security. You are solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Site. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Site with your password.

b. Privacy. It is the policy of the Company to respect your privacy. Company will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless Company has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Company; (iii) enforce this Agreement; or (iv) protect the interests of users of the Site other than you or any other person. Your IP address is transmitted and recorded with each message you send from the Site. Company does provide certain information in aggregate form collected from and relating to you to third persons such as advertisers. For a more detailed description of the types and uses of personal information collected from you, please read the Company Privacy Policy.

5. Intellectual Property

All materials displayed on this site are subject to coverage under state and federal laws, including, but not limited to trademarks, copyrights, trade names, contract and trade secrets. The user of the site acknowledges and agrees that the trademarks and copyrights are owned solely and exclusively by the Company and or the artists and the user shall have no right to use such marks or copyrighted material in any manner outside the use of the purchased material. The user acknowledges that as a result of this agreement the user has no rights, title or interest in or to such trademarks, related content or derivatives of such content. All goodwill arising out of the use of such trademarks, copyrights, related content and/or derivatives of such content shall inure to the benefit of the Company.

User shall not, at any time during or after the term of this agreement, register or attempt to register the trademark, copyright or any mark or content confusingly similar thereto, or claim any interest in, contest the use of or otherwise adversely affect the validity of any of the trademarks or copyrights owned by the Company anywhere in the world (including, without limitation, any act or assistance to any act, which may infringe or lead to the infringement of any such marks or content). In addition, user will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and/or reputation of any of the trademarks or copyrights anywhere in the world.

The user shall not remove any proprietary trademarks displayed on any product purchased from the Company and shall display the trademark and copyright marks or other legal attributes displayed on the products purchased from the company or displayed on the Company’s site.

Any and all modifications to these terms must be expressly and clearly agreed to in writing, by the Company.

6. Downloaded Material

Any material downloaded or otherwise obtained, accessed or installed through the use of the licensed technology on this site is done at your own discretion and risk and you acknowledge and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

7. Termination

This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate this Agreement at any time and for any reason. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) suspend your access to or use of all or any portion of the Site; and (c) terminate this Agreement.

8. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND TERMINATE THIS AGREEMENT.

10. Legal fees, jurisdiction, etc.

The prevailing party in any suit, arbitration or other proceeding brought to enforce any provisions of this Agreement, shall be entitled to recover all costs and expenses of the proceeding and investigation (not limited to court costs), including attorneys' fees at the hourly rates usually charged by that party's attorneys. Any suit involving any dispute or matter arising under this Agreement may only be brought in the United States District Court for the State of Maryland or any Maryland court having jurisdiction over the subject matter of the dispute or matter. Each party consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding.

11. Indemnification

You agree to indemnify, hold harmless and defend Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the Site, including any data or work transmitted or received by you; (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you and (d) any trademarks, copyrights, trade dress or other web content used or published by you.

12. Miscellaneous

a. Law. This Agreement shall be governed by the laws of the State of Maryland and the United States without reference to conflicts of laws.

b. Amendment. Company shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by posting such amended terms herein. Your access, link to or use of the Site after the date such amended terms are delivered to your account with the Site shall be deemed to constitute acceptance of such amended terms.

c. Waiver and Severability. No failure, delay in exercising or enforcing any right or remedy hereunder by Company shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.

d. Survival. The respective rights and obligations of the parties under Sections 2, 3, 4(b), 6, 7, 8 and 9 shall survive any termination or expiration of this Agreement.

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