TERMS AND CONDITIONS OF USE

This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. Agreement. This Agreement (the "Agreement'") specifies the Terms and Conditions for access to and use of www.SendOutNews.com, its links, partner sites and link as well as ALL affiliated sites and links (the "Site'") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Send Out News Inc and/or authorized third parties posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.SendOutNews.com. Use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Intellectual Property Ownership.
1. Our Content. All content included on this site is and shall continue to be the property of Send Out News Inc or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site outside of the intended purpose of the Site is prohibited without the express written permission by Send Out News Inc. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site with the exception of content specifically created and/or legally added or uploaded by you to the Site at which time you agree that these materials are immediately and expressly co-owned with you by the Site and Send Out News Inc. Send Out News and Send Out News Inc and Create a Newsletter in Under 60 Seconds is the trademark or registered trademark of Send Out News Inc. Other product and company names mentioned on the Site may be trademarks of their respective owners.
2. User Supplied Content. By accessing the user interactive area(s) of the Site, and/or or links of any kind and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the user interactive area(s) of our site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings.
3. Personal Use. Send Out News Inc., grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal and business use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use outside of the express purpose for which Send Out News was created without express written permission. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Send Out News Inc and Send Out News Inc or any of its authorized third parties any of which may terminate your use of this website at any time.
4. Other Uses. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without Send Out News Inc prior express written consent with the exception of the specific application(s) for its individual users as a newsletter, coupon and message sending service as clearly expressed on the Site.
3. Disclaimers.
1. DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN `"AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. SEND OUT NEWS INC AND ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

   FURTHERMORE, SEND OUT NEWS INC AND OR THE SITE AND/OR ANY OF ITS AUTHORIZED THIRD PARTIES DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SEND OUT NEWS INC , ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.

2. LIMITATION OF LIABILITY. SEND OUT NEWS INC OR ANY OF ITS SUBSIDIARIES, VENDORS AND AFFILIATES SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH THE SITE, SEND OUT NEWS INC, ITS SUBSIDIARIES, VENDORS AND AFFILIATES OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF SEND OUT NEWS INC OR ITS SUBSIDIARIES, VENDORS AND AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
3. EARNINGS DISCLAIMERS. The information presented in this Website is intended to be for your educational and entertainment purposes only.
   

   We are not presenting you with a business opportunity.

   We are not presenting you with a distributorship.

   We are not making any claims as to income you may earn.

   We are not presenting you with an opportunity to get rich.

   Before embarking on any endeavor, please use caution and seek the advice your own personal professional advisors, such as your attorney and your accountant.

   Where income figures are mentioned (if any), those income figures are anecdotal information passed on to us concerning the results achieved by the individual sharing the information. We have performed no independent verification of the statements made by those individuals. Please do not assume that you will make those same income figures, experience similar savings or business growth.

   Please do not construe any statement in this website as a claim or representation of average earnings. There are NO average earnings, NO average savings or average business growth. Testimonials and statements of individuals are not to be construed as claims or representations of average earnings. We cannot, do not, and will not make any claims as to earnings, average, or otherwise.

   Success in any endeavor is based on many factors individual to you and/or your business. We do not know your educational background, your skills, your prior experience, or the time you can and will devote to the over-all marketing of your individual endeavor and/or business.

   Please perform your own due diligence before embarking on any course of action. Follow the advice of your personal qualified advisors.

   There are risks in any endeavor that are not suitable for everyone. If you use capital, only "risk" capital should be used.

   There is no guarantee that you will earn any money using any of the ideas, concepts or software provided to you by the Site and/or in our materials and/or use of the Site. Examples in our materials and/or on the the Site is not to be interpreted as a promise or guarantee of earnings or savings. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else's. No guarantee is made that you will achieve any result at all from the ideas or use of our software or from our material(s). (From time to time limited guarantees may be expressed in marketing terms however they are governed and Send Out News Inc and the Site shall only be legally bound by separate documentation and do not affect these Terms and Conditions in any material way. Maximum liability in such cases is limited to US$250. See separate and specific Terms and Conditions at www.SendOutNews.com relating to limited promotional guarantees.)

   You agree that we will not share in your success, nor will we be responsible for your failure or for your actions in any endeavor you may undertake.

   Please understand that past performance cannot be an indication of possible future results.

   Materials in our product and on the Site may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as "anticipate," "estimate," "expect," "project," "intend," "plan," "believe," and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any limited guarantees which are expressed shall be legally bound by separate documentation from these Terms and Conditions as provided for in the aforementioned statement(s). Any and all forward looking statements in our materials are intended to express our opinion of earnings potential. They are opinions only and should not be relied upon as fact.

4. Terms Relating to User Supplied Site Content.
1. Participate at Your Own Risk. You enter and participate in our user interactive area(s) of the Site, and gain access to the materials and software contained thereon at your own risk.
2. No Monitoring. We do not monitor or screen communications in any user interactive area of the Site except for training purposes and we are not responsible for any externally posted material in any of the user interactive area(s) of the Site. In the event that we are notified by any party that any communications contained in our user interactive area of the Site is contrary to these terms, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from our user interactive area of the Site or related links. We have no liability or responsibility to investigate or remove any content from our user interactive area of the Site or related links based upon a complaint or otherwise.
3. Your Reliance at Your Risk. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through any area the Site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our user interactive area of the Site.
4. No Endorsement. We do not endorse or lend any credence for any statements that are made by any of the materials and/or participants in the Site. Any opinions or views expressed those materials are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
5. You are Responsible. You are fully responsible for your own statements and materials that you post in any area of the Site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
6. Removal of Material. As a participant and/or user of the Site, you agree that we may remove any materials from our user interactive area of our site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from the user interactive area of the Site including your individual user account or from the discontinuance of your user interactive area of the Site at any time.
7. Right to Expel. We have the right to remove, expel, or disqualify any party from participation and access to the user interactive area of the Site for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
8. Right to Terminate. We reserve the right to terminate the user interactive area of our Site at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
9. Prohibitions. You agree that you will not (1) use the interactive area of the Site for any illegal purpose, (2) place any material in the user interactive area of the Site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party, (3) place any material in the user interactive area of the Site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person, (4) place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in the interactive area of the Site, (5) place any advertising, attempted business solicitation, marketing materials or sales promotional materials in the interactive area of the Site except as pre-populated and allotted by the Site (6) pretend to be another person that you are not, (7) place materials in the user interactive area of our Site that are disruptive or off-topic.
10. Hold Harmless and Indemnify. You hold us harmless from, and indemnify us against, any and all claims for damages from third parties arising from your participation, use or conduct in the user interactive area of the Site.
5. Miscellaneous.
1. Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the Site and its related links. You may not use the Send Out News Web site or its related links in any way to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail.
2. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18.
3. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site and its related links. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
4. Indemnification. You agree to indemnify, defend and hold Send Out News Inc and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
5. Privacy. Your visit to the Site is also governed by our Privacy Policy. Please review our Privacy policy at www.SendOutNews.com Send Out News Inc reserves the right, and you authorize us, to use and assign all information regarding the Sites by you and all information provided by you in any manner consistent with our Privacy Policy.
6. DMCA Notice. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
   1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
   2. A description of the copyrighted work that you claim has been infringed;
   3. A description of where the material that you claim is infringing is located on the Site;
   4. Your address, telephone number, and e-mail address;
   5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
   6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

   7. Our Copyright Agent for Notice of claims of copyright infringement on the Site is David Stowers, who can be reached as follows:

      By Mail: PO Box 88125 Grand Rapids, MI 49548
      By Phone: (708) 570-4914
      By e-mail: dstowers@sendoutnews.com

7. Applicable Law. You agree that the laws of the state of Michigan USA, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Send Out News Inc or its affiliates. Venue shall be in Kent County.
8. Arbitration. As part of the consideration that Send Out News Inc requires for viewing, using or interacting with the Site and its associated links, you agree to the use of binding arbitration for any claim, dispute, or controversy of any kind (whether in contract, tort or otherwise) arising out of or relating to this website.Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of Send Out News Inc. In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, and travel expenses.
9. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
10. Termination. Send Out News Inc may terminate this Agreement at any time, with or without notice, for any reason.

11. Contact Information.

    HOW TO CONTACT US:

    C/O The President

    Send Out News Inc
    PO Box 88125
    Grand Rapids, MI 49548
    (708) 570-4914

    support@sendoutnews.com