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Introductions This Web site and its services, as well as, without limitation, the services of Information Illumination LLC and Extundo Innovations LLC, and their respective assigns, agents, and associated holding and operating entities ("Extundo") are offered to you, conditioned upon your acceptance of the terms, conditions, notices, and provisions contained in this terms of usage agreement ("Terms of Use") without modification or change. Usage of this Web site You accept these terms automatically by your continued use. Your use of this Web site, your obtainment of a quote, your posting of any job, question, link, article, or information, your submission of bids, and your use of any of our services in any way, shape, or form, including but not limited to such use or access by telephone, e-mail, Web site, file transfer protocol (FTP), text or SMS message, cell phone, or in-person visit (hereafter, "Services" or "Extundo Services"), constitutes your automatic agreement and acceptance, without limitation or qualification, of all terms and conditions in effect at that point in time both in this agreement and also in any agreement or list of guidelines posted for a particular function or application. We may modify these terms without notice. We reserve the right to modify or change our terms of use at any time and without notice; such changes will be posted to this or another page containing our terms of use. Stop using our Services immediately if you do not agree with these Terms of Use. If you do not agree with any of the terms found here, immediately cease your use of our Web site and any of our services. You agree that discontinuation of the use of our service is your only recourse if you disagree with our terms. Content and Objects are the sole responsibility of Content originators. You understand that all files, articles, posts, submissions, transmissions, images, text, documents, messages, photos, sounds, videos, music, illustrations, artwork, software, downloads, pictures, or other electronic objects, devices, or materials ("Content") displayed, posted, transmitted, linked, or referenced on Extundo are and remain, at all times, the sole responsibility of the person, persons, or entities from whom the Content originated. You agree to maintain full responsibility for every individual item, listing, posting, and submission ("Object") of Content that interacts with or is otherwise made available through or on our Services. Content and Objects for entertainment purposes only and not guaranteed in any way. You understand and accept that Extundo does not control or monitor, without limitation, Content on Extundo or Extundo Information Portals or sub-sites and is not in any way responsible for the nature, type, or content of such Content. You understand you may be exposed to Content or Objects which are offensive, objectionable, fraudulent, misleading, inaccurate, indecent, lewd, dangerous, unsafe, harmful, or inappropriate. You understand that there may be links to other Web sites and services through Extundo and understand that these are completely independent of Extundo and Extundo Services. No warranties or guarantees are provided in any way. Neither this Web site nor Extundo make any warranties, guarantees, or representations regarding the completeness, accuracy, truthfulness, or authenticity of information, Content, or Objects contained on any external Web sites or services or on Extundo Services. Your linkage to such Web sites or access of them is completely at your own risk as is your use of Extundo and Extundo Services. Extundo provides no warranties, express or implied, including but not limited to their relation to advertisements, links, search results, referrals, statements, comments, ratings, reviews, postings, listings, or any of the information, Objects, or Content on Extundo Services. Extundo specifically and expressly disclaims any warranties or conditions of fitness, merchantability, non-infringement, accuracy, or credibility, for any particular purpose, and Extundo will not maintain any liability of any kind in connection with any of the Content or Objects on Extundo Services or for any other Extundo information. You are using this Web site and Extundo at your own risk. You understand, agree, and accept that you are using this Web site, Extundo, and Extundo Services entirely and completely at your own risk. You bear any and all risks associated with the use of Extundo Services, and you agree that you will not hold Extundo liable or responsible under any circumstances or for any reason arising out of or involving your use of Extundo, Extundo Services, Content, Objects, or information of any kind on Extundo, e-mailed through Extundo or as a result of Extundo, or otherwise made available in any way through, as a result of, in connection with, or because of these Services. You understand that Extundo does not pre-screen, filter, monitor, manage, or approve Content and is under no obligation to do so. Your use of Extundo is a privilege and not a right. Extundo retains the right, but not the obligation, to modify, edit, delete, save, store, refuse, reject, or rate Content at its sole discretion and for any reason. Third party systems and services Extundo may contain features, functions, and Services which link to or otherwise access third party content, systems, and services which are completely independent of Extundo. You agree that any engagements, dealings, transactions, or involvement of any kind with third parties is at your own risk and subject to your own due diligence and care and not ours. You agree that Extundo will be held harmless from all liability of any kind for any losses, damages, expenses, costs, or fees you incur as a result of your dealings with third parties, whether those dealings arise out of using Extundo Services or otherwise. If you have a dispute with one or more Extundo user, customer, client, contractor, vendor, or visitor, you understand, accept, and agree that you will not involve Extundo in any such dealings, litigation, or disputes, and you hereby release Extundo, its agents, successors, assigns, employees, officers, and holding and operating companies from demands or damages (actual, punitive, or consequential) of any kind, type, or nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, and arising out of our Services or otherwise. If you legally reside in California, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." Modification only in writing This terms of use agreement and any amendment or modification of it shall only be effective if it is in writing, notarized, and signed by both parties. Oral changes have no effect whatsoever on this agreement or on the arrangements between the parties. Binding effect The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this terms of use agreement. How to handle claims of infringement Please notify Extundo's agent with any notices of claims of intellectual property infringement of any kind at: infringe@extundoinnovations.com and write, via Regular, First Class Postal Mail Delivery and via Certified, Return-Receipt Mail Delivery, to: Extundo Innovations LLC, Attn: Copyright Agent, P.O. Box 20232, Scranton, PA 18502-0232. Please provide the copyright agent with: a) an identification, sufficient so that we may locate it on our Web sites and systems, of the material on Extundo you claim is infringing, b) a statement by you that you have a good faith belief that the use you are reporting is not authorized by the copyright(s) owner(s) or agent(s) or the law, c) a statement by you declaring, under penalty of perjury, that the above information in your notice is accurate and that you are the legal owner of the copyright interest involved or that you are otherwise authorized to act on behalf of that owner, d) your address, telephone number, and e-mail address, and e) your physical or electronic signature. Extundo will remove infringing material in compliance with and subject to procedures outlined in the Digital Millenium Copyright Act (DCMA). Privacy and information dislosure This is a full and complete agreement. Except as expressly provided in any notices, terms, or conditions appearing on the Extundo Web site, this Web site, or any Services, these terms and conditions in this terms of use agreement constitute the entire and complete agreement between you and Extundo with respect to the use of Extundo, Extundo Services, and Extundo Content and Objects. You represent that you have not relied upon any oral or written representations or promises not explicitly included within this terms of use agreement. Confidentiality You agree to refrain from disclosing any Extundo confidential information without Extundo's prior written consent unless you are required to disclose it by law or order of a governmental authority, under which order you must disclose it in order to comply with the law. Conduct You agree never to post, display, submit, or otherwise create Content or Objects which: 1. is/are threatening, harassing, defamatory, libelous, harmful to minors in any way, or otherwise unlawful; 2. is/are pornographic or depicting a human being engaged in any form of sexual conduct or exposing any genitalia; 3. uses an automated device or computer program which interferes with competitors, spams, or removes the listings of others without a good faith belief that those listings violate this terms of use agreement; 4. uses an automated device or computer program to submit the same job offerings, links, questions, postings, spam, promotions, or bids on a regular basis; 5. attempts to interfere with the Services of Extundo or which otherwise attempt or attempts to gain unauthorized access to Extundo Services; 6. posts irrelevant content or content which lacks substance or legitimacy; 7. uses automated methods or technologies to extract data about authors, contractors, employees, visitors, suppliers, vendors, bidders, users, or Extundo or Extundo Services; 8. gathers personal data about users for any unlawful or unauthorized purpose; 9. stalks or harasses anyone on Extundo or using Extundo Services; 10. communicates with anyone who has asked specifically not to be contacted; 11. forges your identity or uses false e-mail addresses, names, or information to create false impressions, personalities, accounts, images, or results; 12. disrupts the normal flow of Extundo Services in any way; 13. posts Objects or Content which contain viruses or programs which can harm, infiltrate, hack, destroy, limit, or delete a user's account, computer, or functionality; 14. advertises an illegal service or service specifically prohibited by Extundo; 15. lists anything which constitutes a chain letter, pyramid scheme, unsolicited commercial advertisement, or affiliate marketing scheme; 16. infringes on any copyright, trademark, trade secret, patent, or intellectual property rights of another; 17. is deceptive, deceitful, misleading, or dishonest; 18. impersonates another or falsely or deceptively misrepresents your authority or affiliation with another; 19. violates any immigration or nationality law or any federal, state, or local equal opportunity law, including stating employment preferences or requirements which are illegally based upon race, color, sex, national origin, age, disability, or religion; 20. violates the Fair Housing Act in any way; 21. which deceptively or deliberately misrepresents the nature, quantity, or quality of work to be completed as part of a project or job; or 22. which deceptively or deliberately misrepresents the nature, quantity, or quality of work to be rendered as part of a bid. Spam policy If you abuse your rights to use Extundo or Extundo Services or if you send unsolicited e-mail advertisements to Extundo e-mail addresses or through Extundo computer systems, actions specifically and expressly prohibited by these terms of use, you may face criminal and civil penalties under the Computer Fraud and Abuse Act 18 U.S.C. § 1030 or other local, state, or federal statutes. Paid postings and fees Extundo reserves the right to charge a fee for specific actions conducted through Extundo Services. The fee charged is an access fee which allows Content to be displayed in specific locations. Every party posting Content or Objects to Extundo Services is responsible for such Content or Objects and its compliance with local, state, and federal laws and with this terms of use agreement. All fees paid to Extundo are non-refundable if Content is removed from Extundo Services for violating this terms of use agreement, any other Extundo policy associated with your action at that point in time, or the Extundo privacy policy. Service limitations You accept that Extundo has the right to establish limitations on the use, accessibility, and frequency of access to Content, Objects, or Services by you or anyone else and by any means including via our Web site, e-mail, or other transmission method of any kind. You accept that Extundo will have no responsibility or liability for data loss, deletion, or failure to store or maintain an archive of any Content, Objects, or information. Extundo further reserves the right to discontinue, modify, or change Services without the need for providing notice. Extundo will not be responsible or liable to you or to any third parties if Extundo should elect to modify, suspend, discontinue, or change Services in any way. Revocable, non-exclusive access rights Extundo grants you a revocable, non-exclusive, limited license to access and use Extundo Services for your own personal and business use. This license specifically excludes your use of robots, computers, or automated devices of any kind or your use of data mining techniques. You are allowed to post links to Extundo but only if such links are posted for a legitimate purpose; Extundo reserves the right to ask you to cease from posting such links at any time. You do not have permission to copy, duplicate, aggregate, or make any derivative use of Extundo Services unlesss you have obtained a license from Extundo to specifically do so. Extundo reserves the right to seek specific performance or injunctions. Extundo retains a right to seek the remedies of specific performance of any of the terms of use listed in this terms of use agreement notwithstanding any other provision or condition of this agreement and further retains the right to seek a preliminary or permanent injunction against any breach or violation or in aid of any other right granted by these terms of use. Right to terminate your service Extundo, at its sole and exclusive discretion, maintains the right but not the obligation to block or restrict your access to Extundo at any time and without notice and to delete or de-activate any accounts you may have through or with Extundo. Along with such rights, we reserve the right to delete any Content or Objects you have created for any reason, including but without limitation, if Extundo, in its sole discretion, thinks you are acting inconsistently with the spirit of this terms of use agreement. You agree and understand that Extundo will not be liable or responsible to you or any thid parties for any termination or disruption of your access. You further agree not to attempt to use Extundo Services after such termination takes effect. Proprietary and intellectual property rights Extundo and Extundo Services are protected to the maximum extent allowed under copyright laws and international treaties, and any and all Content and Objects displayed, posted, or listed on or through Extundo Services are also protected by copyright as collective works or compilations pursuant to applicable copyright laws and/or international conventions and treaties. Any creation of derivative works, reproductions, modifications, or redistributions of Extundo Services or Extundo compilations or collective works is expressly prohibited unless you have explicit written consent from Extundo. You agree not to reproduce, copy, duplicate, sell, resell, exploit or infringe upon the rights of Extundo or Extundo Content, Objects, or Services, for any purpose, and agree to comply with and abide by all copyright, trademark, and patent notices displayed on Extundo and Extundo Services. You are expressly prohibited from decompiling, disassembling, reverse engineering, or otherwise attempting to deconstruct Extundo Services or attempting to discover the source code for such Services. Extundo is a registered mark in the U.S. Patent and Trademark Office and reserves all rights to any trademarks, copyrights, or patents it maintains. You automatically grant a non-exclusive, irrevocable, perpetual license to Extundo. Extundo does not claim the ownership of content that users post or display on our systems, but by posting Objects or Content to any public area of Extundo Services, you automatically grant Extundo an irrevocable, non-exclusive, fully paid, perpetual, worldwide license to copy, create derivate works from, incorporate into other works, duplicate, modify, adapt (which includes, without limitation, the right to adapt to digital, thumbnail, scanning, mobile, broadcast, podcast, or other technologies), display, cache, use, perform, distribute, tag, sell, encode, license, syndicate, index, or post such Content or Objects, in any form of media or transmission now known or developed in the future, and warrant and represent that you have a right to grant such a license. You understand, accept, and grant Extundo the right to also create sub-licenses through any number of tiers and to protect and prohibit others from creating any subsequent reproductions, exploitations, copies, displays, or aggregrations of any Content, Objects, or information by any party and for any purpose. Limitations of liability Extundo will not be liable for any direct, indirect, incidental, special, exemplary, consequential, or other damages, under any circumstances, and for no reason, including if Extundo has been advised of the possibility of such damages which relate to or result from any aspect of your use of the Extundo Web site or Extundo Services or any association with the same and will not liable or responsible under any circumstances whether you misused or properly used the Extundo Services or whether any alleged losses or liability arose from your inability to use Extundo Services due to their suspension, modification, termination, cessation, alteration, or interruption. All such limitations of liabilites will apply with equal language and restriction to any alleged losses, costs, or liabilities which arise from your use of contractors, vendors, suppliers, services, offers, advertisements, third party offerings, information, advice, guidance, instructions, or tips received through, arising out of, or connected with the Extundo Web site or Extundo Services. The liability limitations to Extundo discussed in this terms of use agreement will apply to the fullest extent the law allows. In those jurisdictions which do not allow limitations of liability, some parts of the foregoing limitation may not apply to you. In such cases, this paragraph is deemed to maintain its full force and effect but only to the maximum extent that particular jurisdiction allows. Indemnity You agree to defend, indemnify, and hold harmless, separately and together, Extundo, its officers, directors, employees, agents, licensors, suppliers, subsidiaries, affiliates, co-branders, partners, and assigns from and against any and all claims, actions, liabilities, settlements, and demands, including but not limited to attorney's fees and accounting fees, resulting from, arising out of, alleged to result from, or otherwise associated in any way with your use of Extundo or Extundo Services or in connection with your use of this Web site or your violation of these terms and conditions and arising from your violation of any rights of third parties. Violations and liquidated damages Please report violations to abuse@extundoinnovations.com. You agree and understand that Extundo's failure to act or respond to a breach of these terms of use by you or by anyone else does not waive our right to act at a subsequent date. You accept that, since it is difficult to substantiate or quantify certain damages or losses, if Extundo pursues a legal action against you to enforce these terms of use or any other terms and conditions posted on our Web site or on any Extundo Services, you will be liable for certain amounts called liquidated damages which you hereby accept as reasonable approximations of Extundo's losses owing to any breach by you of these terms: 1. If you impersonate another person or entity or falsely or deceptively misrepresent your association or affiliation with another person or entity, you agree to pay Extundo the sum of five hundred dollars ($500) for each such act of impersonation. This provision specifically excludes parodies and critiques of public figures made in jest or in a non-deceptive way; 2. If you illegally copy, duplicate, replicate, aggregate, reproduce, or exploit, for any reason, the Content or Objects of Extundo in violation of these terms of use or otherwise in violation of any written permission you may have from Extundo, you agree to pay Extundo five hundred dollars ($500) for each day on which you do so; 3. If you post Objects that are illegal, unlawful, deceptive, or in any way in violation of these terms of use, you agree to pay one hundred dollars ($100) for each such Object of Content which is in violation; 4. If you have limits imposed upon you by Extundo on the number or frequency of postings or accesses you may make of Extundo or Extundo Services by these terms of use or otherwise by written notice, you agree to pay one hundred dollars ($100) for each such access above and beyond such limits; 5. If you send SPAM or unsolicited e-mails through, using, or as a result of Extundo or Extundo Services, you agree to pay Extundo twenty dollars ($20) for each such violative e-mail or distribution sent to individual users, persons, or entities; 6. If you go outside of Extundo and fail to pay Extundo or otherwise cause Extundo to lose out upon the commission it should have received for providing you with business as a contractor, vendor, seller, or supplier of services or products, you agree to pay Extundo the greater of two thousand dollars ($2,000) or thirty percent (30.00%) of the total value of work you failed to process through Extundo Services, and you understand this charge of liquidated damages is separate from any charges or penalties we may simultaneously pursue against the other party or parties to the transaction; 7. If you go outside of Extundo and fail to pay Extundo or otherwise cause Extundo to lose out upon the commission it should have received for providing you with a contractor, vendor, seller, or supplier of services or otherwise if you knowingly work with a contractor or seller to effect such outside dealings, you agree to pay Extundo the greater of two thousand dollars ($2,000) or thirty percent (30.00%) of the total value of the work you failed to process through Extundo Services, and you understand this charge of liquidated damages is separate from any charges or penalties we may simultaneously pursue against the other party or parties to the transaction; 8. If you facilitate, act as an agent for, or are otherwise involved in any act or conspiracy or collection of acts which cause buyers or sellers to go outside of Extundo or which cause Extundo to lose out upon the commission it should have received for providing Services or connections or value, you agree to pay Extundo the greater of two thousand dollars ($2,000) or thirty percent (30.00%) of the total value of work you failed to process through Extundo Services, and you understand this charge of liquidated damages is separate from any charges or penalties we may simultaneously pursue against the other party or parties to the transaction; and 9. In the alternative to the foregoing, if actual or statutory damages are determined to be higher than those listed as required minimum liquidated damages, you agree to pay Extundo its actual damages or losses to the extent they are able to be calculated. Ratings and reviews are not endorsed by Extundo. Any ratings, reviews, articles, project checklists, or comments found on the Services reflect the opinions of other users and third parties and do not reflect or represent the opinions or representations of Extundo. Extundo specifically disclaims any and all representations, warranties, and assurances associated with ratings, reviews, and comments. Extundo assumes no liability of any kind for any such articles, ratings, reviews, or comments nor for any claims, damages, or losses arising out of their use or a reliance, of any kind, upon them. Headers, titles, capitalizations, and formatting will not change, restrict, or limit any provision. Any header, subject, or title on any paragraph or provision will not be construed, under any circumstances, to change, limit, modify, or restrict the nature of that paragraph or provision in any way and will be treated as an integral part of the terms of use agreement no different, separate, or distinct from the sentences or stipulations which follow that header, subject, formatting, or title. Jurisdiction You agree that the exclusive jurisdiction for any dispute with Extundo or in any way relating to your use of Extundo, the Extundo Web site, this Web site, or any Extundo Services, resides in the courts of the State of Pennsylvania in Lackawanna County, and you expressly consent to the exercise of personal jurisdiction in courts for the state of Pennsylvania in connection with any dispute, including any claim involving Extundo or its affiliates, subsidiaries, employees, customers, contractors, agents, directors, assigns, or providers. You further acknowledge and agree that these terms are governed by the substantive laws of the state of Pennsylvania without respect to its conflict of law principles. Specifically, you agree to adjudicate any dispute or claim arising out of or in connection with this agreement in Lackawanna County, Pennsylvania. Severability If any portion, paragraph, stipulation, sentence, provision, condition, or statement in this terms of use agreement is found to be invalid, incorrect, unconscionable, or unenforceable, for any reason, by any court with competent jurisdiction, the invalidity of such provisions, portions, segments, conditions, or statements will not affect the validity of the remaining terms of use agreement which will remain in full force and effect. If a court finds that any provision of this agreement is invalid or unenforceable, but that, by limiting said provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. Any waiver of any of these terms and conditions will not be deemed a further or continuing waiver of such terms or conditions or of any other terms or conditions. Extundo's failure to act on a violation does not waive Extundo's right to act. Even if Extundo accepts payment from you or allows continued access by you or fails once or more often to take action against you when you have not done what you have agreed to do under this terms of use agreement, the failure by Extundo to take action does not prevent or preclude Extundo from taking action at a later date for any pre-existing, prior, or future act of default. Contact Contact us with questions. You are invited to contact us with questions, comments, or feedback, but no such contact will result in a waiver or modification of these terms unless such contact is in writing and signed by authorized parties on both sides of any such agreement.
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