By
visiting or using the SpeedMonster.com web site (the "Web
Site"), the user ("User") agrees to be bound by these Terms
of Use and that such agreement constitutes a binding contact
between User and Consortium For Success, Inc / SpeedMonster.com.
If User does not wish to be bound by these Terms of Use,
the User should not visit or use the Web Site.
SpeedMonster.com
reserves the right to change these Rules and Regulations
from time to time at its sole discretion. In the case of
any violation of the Rules and Regulations, SpeedMonster.com
reserves the right to seek all remedies available by law
and in equity for such violations. These Rules and Regulations
apply to all visits to the Web Site, both now and in the
future.
General Disclaimer
All data used in SpeedMonster are obtained from official
records; we assume no responsibility for errors or omissions.
Although SpeedMonster.com has made reasonable efforts to
place accurate information on this Web Site, SpeedMonster.com
assumes no responsibility for the accuracy of the information.
SPEEDMONSTER.COM PROVIDES THIS WEB SITE CONTENT "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
TO THE FULLEST EXTENT ALLOWED BY LAW. SPEEDMONSTER.COM FURTHER
DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SPEEDMONSTER.COM DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE
FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT
THE WEB SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
Limitation of Liability
SPEEDMONSTER.COM SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM
THE USE OR INABILITY TO USE THIS SITE, WHETHER OR NOT SPEEDMONSTER.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS
INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE. THIS
PROVISION IS SUBJECT TO POSSIBLE LIMITATION UNDER STATE
LAW.
Indemnification
User agrees to indemnify and hold harmless SpeedMonster.com,
at User's sole expense, against any claim, action, legal
proceeding, damages, liability, settlements, expenses (including
attorneys' fees) and other costs relating to (i) breach
of any of these terms by any party; (ii) User's negligence
or misconduct, or (iii) claims that User has infringed the
copyright, trademark, trade secret, patent, or other proprietary
right of a third party.
Copyright/Restrictions on Use of Material
All designs, graphics, text, arrangements, and software
that make up this Web Site are Copyright (c) SpeedMonster.com.
All rights reserved. SpeedMonster.com grants User permission
to copy and/or print portions of this Web Site for personal
use. All other uses, including, for example, modifying,
distributing, or republishing, are strictly prohibited without
SpeedMonster.com's prior written permission.
Trademarks, Service Marks, Logos, Corporate Identifications
Protected
All trademarks, service marks, logos, or other corporate
identifications (collectively, "Marks") on this Web Site
are trademarks or service marks of SpeedMonster.com or another
entity. Use agrees not to use, copy, reproduce, republish,
upload, post, transmit, distribute, or modify these Marks
in any way. The use of these Marks on or as a link to any
other Web Site is strictly prohibited without prior written
approval by SpeedMonster.com.
User's Code of Behavior
User agrees not to post on the Web Site any content which
(a) is libelous, defamatory, obscene, pornographic, abusive,
harassing, or threatening, (b) contains viruses or other
contaminating or destructive features, (c) violates the
rights of others, including protections of copyright, trademark,
patent, trade secrets or any right of privacy or publicity,
or (d) otherwise violates any applicable law. User will
not post on this Web Site any links to any external Internet
sites that are obscene or pornographic. Any information
that you provide to SpeedMonster.com must be true, complete
and accurate, must not represent you as someone else or
falsely identify, and must not violate any law, statute,
ordinance or regulation. By subscribing to SpeedMonster.com's
service, User agrees not to disclose their access code to
others. User also agrees not to distribute the information
contained in SpeedMonster.com to any person or organization,
by any means, printed, electronic or other.
Free Basic Subscription Access For As Long As The User
Wants
User agrees that Basic Subscription to SpeedMonster.com
is free. As a Basic Subscriber, User can perform searches
on the SpeedMonster.com database. However, some fields in
the search results will be partially hidden. Also, User
agrees that downloading of search results is not available
to Basic Subscribers. There are no limitations on time periods
for accessing this web site as a Basic Subscriber.
Paid Premium Subscription Access Automatically Renew
User can upgrade to a Premium Subscription for a desired
term of three months, six months or one year. PayPal is
SpeedMonster's subscription and payment processor. Premium
Subscriptions automatically renew and PayPal will charge
User's account at the beginning of the first term and every
subsequent renewal term. No refund shall be given once PayPal
processes a payment. User may cancel a Premium Subscription
at any time by canceling the account at PayPal. If User
cancels a Premium Subscription, that subscription shall
continue until the end of its term. Thereupon, all charges
at PayPal will stop and User's Premium Subscription at SpeedMonster.com
shall revert back to a Basic Subscription. IT IS THE USER'S
RESPONSIBILITY TO CANCEL THE ACCOUNT AT PAYPAL OR USER WILL
BE CHARGED AUTOMATICALLY AT THE END OF ANY TRIAL PERIOD
OR AT THE BEGINNING OF ANY SUBSEQUENT RENEWAL TERM. THERE
ARE NO REFUNDS. SPEEDMONSTER RESERVES THE RIGHT TO CANCEL
(AT ANY TIME AND FOR ANY REASON) USER'S ACCOUNT AND ACCESS
TO THE SPEEDMONSTER SERVICE. IN SUCH AN EVENT, SPEEDMONSTER
RETAINS THE SOLE DISCRETION TO ALLOW USER TO CONTINUE USING
THE SPEEDMONSTER SERVICE UNTIL THE END OF USER'S CURRENT
SUBSCRIPTION TERM, OR TO GIVE USER A PARTIAL REFUND EQUIVALENT
TO THE PERIOD REMAINING IN USER'S CURRENT SUBSCRIPTION TERM.
Premium Subscription Modifications
User may freely modify a Premium Subscription. The new modified
Premium Subscription shall become effective on the first
day following the expiration of the current term. However,
if User's modification includes a new borough, that new
borough is added immediately to user's current subscription
without any loss of a borough in User's current subscription.
To maintain security, data integrity and to discourage free-borough
surfing, SpeedMonster.com reserves the right to charge a
minimum modification fee when User's modification includes
a new borough.
Hold Harmless and Releases
THE USER AGREES TO HOLD HARMLESS AND RELEASE SPEEDMONSTER.COM,
ITS AGENTS, PARTNERS, EMPLOYEES, BANKS, AND CREDIT CARD
PROCESSORS FROM ANY AND ALL CLAIMS FOR INTERRUPTION OR DISCONTINUANCE
OF THE SERVICE RESULTING FROM ANY AND ALL ACTS OF GOD, INCLUDING,
WITHOUT LIMITATION, FLOODS, FIRES, HURRICANES, OR FROM TERRORISM,
BANKRUPTCY, DISSOLUTION OF THE COMPANY, PROBLEMS WITH SPEEDMONSTER.COM'S
DATA, OR ANYTHING ELSE WHICH INTERRUPTS OR CAUSES DISCONTINUATION
OF THE SERVICE OF SPEEDMONSTER.COM IT IS AGREED THAT THE
INITIAL VIEWING OF THIS DATABASE WILL CONSTITUTE SERVICES
RENDERED AND PAID IN FULL.
CANCELLATIONS
THERE ARE NO REFUNDS FOR CANCELLATIONS. REFUNDS WILL NOT
BE ISSUED TO USERS BASED UPON THEIR PERSONAL VIEWS OR OPINIONS
OF SPEEDMONSTER.COM. THIS INCLUDES THE QUALITY OF CONTENT,
DELAYS IN UPDATES, OR ANY OTHER FEATURE OR CHARACTERISTIC
OF THE SERVICE. ANY EXCEPTIONS TO THIS POLICY SHALL BE IN
THE SOLE DISCRETION OF SPEEDMONSTER.COM.
Links to/from Third Party Sites
This Web Site may contain links to third party sites. User
accesses these sites at User's own risk; SpeedMonster.com
is not responsible for the contents, changes, updates, or
other links contained in a linked site. SpeedMonster.com
may provide these links merely as a convenience, and the
inclusion of such links does not imply an endorsement by
SpeedMonster.com of the site. Any third party desiring to
link to the Web Site must link to the Web Site's home page
located at SpeedMonster.com. No one may link to any other
page of this Web Site without the prior written consent
of SpeedMonster.com.
No Partnership or Agency
User understands and acknowledges that no joint venture,
partnership, employment, or agency relationship exists or
is created between User and SpeedMonster.com as a result
of use of the Web Site.
Governing Law
The contents of this Web Site and any claims related to
it are governed by the laws of the State of New York, without
reference to its conflict of laws rules. User consents to
the exclusive jurisdiction of the state, and User waives
to the fullest extent allowed by law the defense of an inconvenient
forum to the maintenance of any action or proceeding.
Privacy
SpeedMonster respects your privacy on the Internet. We gather
information about our customers strictly as part of the
process of maintaining an account for them. That information
is strictly private. SpeedMonster never shares, sells or
distributes your information to third parties.
Entire Agreement
By subscribing to SpeedMonster.com's service, I agree not
to disclose my access code to others. I also agree not to
distribute the information contained in SpeedMonster.com
to any person or organization, by any means, printed, electronic
or other. The above Rules and Regulations constitute the
entire and only agreement between User and SpeedMonster.com
on the matters described.
SEVERABILITY
IF ANY PART OF THIS AGREEMENT IS HELD INVALID OR UNENFORCEABLE,
THAT PORTION SHALL BE CONSTRUED IN A MANNER CONSISTENT WITH
APPLICABLE LAW TO REFLECT, AS NEARLY AS POSSIBLE, THE ORIGINAL
INTENTIONS OF THE PARTIES, AND THE REMAINING PORTIONS SHALL
REMAIN IN FULL FORCE AND EFFECT. TERMINATION SpeedMonster.com
RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE
USER'S ACCESS TO ALL OR PART OF THE SPEEDMONSTER WEB SITE,
WITH OR WITHOUT NOTICE.