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Terms of Use Agreement

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Wednesday, December 26, 2001 - 8:02 pm   Edit PostDelete PostView Post/Check IPMove Post (Moderator/Admin Only)   
This Agreement applies to your use of The Early A-body Forum and any related products and services found within The Early A-body Forum at www.earlyabodyforum.com (collectively called the "Service"). If you do not agree with these terms, do not use our services.

In this Agreement, "you" or "your" means any person or entity using the Service("Users"). Unless otherwise stated, "ENBCOM" will hereto refer collectively to ENBCOM, Neil Brommell, The EVBC Forum and its respective parent or subsidiary companies, affiliates, officers, employees and agents.

By joining the service and obtaining a user account ID, either through the account signup page or by request to ENBCOM, you represent that you understand and accept the terms and conditions of this Agreement. We may amend this Agreement at any time by posting the amended terms to our site, and your continued use of the Service will constitute acceptance of the amended terms. This Agreement was last modified on March 20, 2006.

ENBCOM nor its data providers shall not have any liability, contingent or otherwise, for the truthfulness, accuracy, timeliness, completeness, correct sequencing of any and all provided information and/or services, or for any decision made or action taken by reliance upon any and all provided information and/or services.

This site, ENBCOM and it's data providers are in no way associated with any other website, service or company, including but not limited to The Early Valiant and Barracuda Club. The Early A-body Forum is strictly an entertainment site, no warranty as to accuracy of information or information supplied is implied.

All information and services are provided "As Is". There is no warranty of merchantability, no warrany of fitness for a particular use, and no other warranty of any kind, express or implied, regarding the information or any aspect of the services (including, but not limited to, information access). You recognize that the accuracy of the information should be checked before you rely on it.

In no event will ENBCOM or its data providers be liable to the users, your customers or any other party for any incidental, consequential, special or indirect damages (including but not limited to lost profits, trading losses, or damages that result from inconvenience, delay or loss of the use of the services), or claims arising in tort (including negligence), even if ENBCOM or its data providers have been advised of or are otherwise aware of the possibility of any of the foregoing.

Neither ENBCOM nor its data providers shall be liable for any loss or damages resulting from a cause over which such entities do not have direct control, including but not limited to the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, human errors or other illegal activities carried out on the Service.

You acknowledge that none of the provided information or services are intended for any particular purpose, including -- but not limited to -- investment, financial, payroll, accounting, tax, or legal applications. ENBCOM offers no advice regarding the nature, potential value, or suitability of any particular message, text, writings, transaction, investment, investment strategy, or fiscal practice found on the Service. You acknowledge and agree that the use of any and all provided information and/or services, and any decisions made in reliance upon them, are made at your own risk.

You agree to indemnify and hold harmless ENBCOM and its data providers from and against any and all claims, losses, liability, cost and expenses (including, but not limited to, attorney's fees) arising from or relating to:

- use of any and all provided information and/or services;
- violation of this agreement;
- any third party's rights including -- but not limited to -- copyright, proprietary, and privacy rights.

All posts to this website and discussion board are the property of ENBCOM. By joining the service, you acknowledge assignment of all right, title and interest, to the copyright of your text, messages, posts, photographs, images, poetry, games, ideas and input to the site -- including but not limited to -- all material input by you, into the discussion board area, to ENBCOM.

I. User Responsibilities

1. Eligibility. In order to use the Service, you must register for a user account. You agree that you will register for and maintain no more than one user ID and ENBCOM reserves the right to terminate duplicate accounts. You must be at least 18 years of age to register for an account. If you are under the age of 18, you hereby represent that you are using the service with the consent of your parent or legal guardian.

2. No Multiple Accounts. Should you register for more than one user account, ENBCOM reserves the right to terminate all of your accounts indefinitely and will restrict you from the system.

3. Registration Information. You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, ENBCOM has the right to terminate your use of the Service and ENBCOM, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize ENBCOM and its agents, suppliers and subcontractors to make any inquiries they consider necessary to validate your registration.

4. Correct E-mail. You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing ENBCOM with a correct and operational e-mail address. ENBCOM will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify ENBCOM of any change in your e-mail address so that ENBCOM or its agents may contact you when necessary.

5. Electronic Communications. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service (Communications), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Early A-body Forum website and/or delivered to your e-mail address. You will print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. ENBCOM reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying ENBCOM of your decision to do so, by sending an email message to forumadmin@earlyabodyforum.com. If you revoke your consent to receive Communications electronically, ENBCOM may terminate your right to use the Service.

6. Accounts. If you do not access your account for a period of 90 days, it will be terminated. You may apply for a new account after that time, but we can not guarantee you will be assigned the same user ID.

7. Hacking. If you use, or attempt to use the Service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

8. Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of ENBCOM. ENBCOM reserves the right to transfer any right or obligation under this Agreement without your consent. This includes but is not limited to assignment or transfer of your user account name and/or information.

II. Rights and Disclaimers of ENBCOM

1. Miscellaneous.

a)ENBCOM will not have any liability in connection with any unauthorized interception or use of data relating to you or the Service; any inability to use or access the Service or the ENBCOM website for any reason; any actions by an individual that uses your user name and password; or any cause over which ENBCOM does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, email or Internet service providers.

(b)In no event shall ENBCOM be liable (A) for damages caused by intentional misconduct or (B) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to the use of or inability to use the Service or the ENBCOM website or any of the associated services, even if ENBCOM has been advised of the possibility of such damages. In no event shall ENBCOM be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).

2. Termination. ENBCOM, in its sole discretion, reserves the right to terminate this Agreement, access to its web site, or access to Service without notice for any reason and at any time.

3. Trademarks. ENBCOM and all related logos, products and services described in this website are either trademarks or registered trademarks of ENBCOM, or their licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ENBCOM. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ENBCOM and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ENBCOM.

4. Account Information. In addition to the terms listed above, you further agree that ENBCOM may access and disclose information about you or your use of the Service when ENBCOM deems necessary or appropriate to comply with the law or legal process, to protect ENBCOM's systems and customers, or to ensure the integrity and operation of ENBCOM's business and systems. Unless otherwise prohibited by law, such disclosure may include, without limitation, user profile information (e.g., name, e-mail address, etc.), transaction information, IP address and traffic information, and usage history.

5. Account Use. By accepting the terms as outlined in this Agreement and using the Service, you attest that you will not use the Service, the website or any of the services offered therein for any unlawful, fraudulent or improper activity. If ENBCOM has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions relating to the Service, the website or any related services, your access to the website and any services contained therein may be suspended or terminated. You will cooperate fully with ENBCOM to investigate any suspected unlawful, fraudulent or improper activity.

ENBCOM makes no guarantees as to the accuracy or suitability for a given purpose of any of the information we provide. We provide a free, useful service to the Internet community. Please keep this in mind when using this site.

This Agreement is subject to change at any time without notice, and you agree to review the current terms of use prior to initiating any activity or use of the Service.