You may print this agreement for your records cut cutting and pasting the contents hereof into any word processing program document.
You will also be asked to select a username and password. You are solely responsible for maintaining and protecting the confidentiality and security of the username and password you have chosen during the registration process. You are also fully responsible for all activities that occur under your username and password. You should exercise all due caution when accessing your account from a public or shared computer. You should make sure others are not able to view your password or any other personal information. If you share your computer with others, please do not use the remember me feature that we or your browser may provide. You should also ensure that you exit from your account at the end of each session by using the log out feature. CrackerJackAgent will not be liable for any loss or damage arising from your failure to comply with these provisions.
You promise to immediately notify CrackerJackAgent of any unauthorized use of your username or password or any other breach of security.
Membership in and use of this site and its Services are free. Non-Members can view parts of the site, but cannot participate in any activities or be able to contact any members. You must complete the registration process and become a member to fully participate on the site.
CHANGES TO THE SERVICES WE PROVIDE
Your right to use the Service is subject to any limitations, conditions, and restrictions established by us from time to time. In our sole discretion we may alter, suspend, discontinue, or add any aspect of the Service at any time including the availability of any Service feature, database, or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
YOUR BEHAVIOR ON THE SITE
This website is for personal, individual use only. Illegal use of this website, including the use by an entity other than an individual, will result in immediate termination. Unauthorized uses of the website including but not limited to the collection of usernames and/or e-mail addresses of members for the purposes of sending unsolicited communications or framing of or linking to the website will also result in immediate termination and may be investigated with appropriate legal action taken including without limitation, civil, criminal, and injunctive redress. Use of this website is with the permission of CrackerJackAgent and may be revoked at any time, for any reason, at the sole discretion of CrackerJackAgent.
You are solely responsible for your interactions with other members of the site. You agree to conduct yourself in a responsible manner and be honest in your postings. You agree to follow and adhere to the following rules of conduct and behavior:
You will never post or transmit through your publicly posted information (for instance, your user name or any profile or narrative information) any direct contact information (whether for yourself or others) including, but not limited to, e-mail addresses, instant messenger nicknames or usernames, nicknames, telephone numbers, postal addresses, URLs, or full names;
You will not post messages, pictures, or recordings, or use CrackerJackAgent in any way that is fraudulent or otherwise unlawful; or that violates or infringes upon the rights of any third party including but not limited to any copyright or trade mark law, privacy or other personal or proprietary rights;
You will report to CrackerJackAgent any chain letters you receive on the site and will never initiate or forward said chain letters;
You will not use the CrackerJackAgent to distribute or up-load any virus, Trojan horses or do anything else that might cause harm to the Service, its systems, or any other members systems in any way;
You will not use the service to distribute or promote or otherwise publish any material containing any solicitations for funds, advertising, or solicitation for goods or services;
You will never use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive, or defamatory statements, or racist, pornographic, obscene, or offensive language;
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause or compel others to do so.
You will not impersonate any person or entity.
You will not frame or mirror any part of the Website without the prior express written consent of CrackerJackAgent.
You will not use meta tags or code or other devises containing any reference to CrackerJackAgent in order to direct any person to any other web site for any purpose.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through CrackerJackAgent.com.
You will not remove any copyright, trademark, or other proprietary rights notices contained on the website.
You will not interfere with or disrupt the site or the servers or networks connected to CrackerJackAgent or the site.
You will not post, e-mail, or otherwise transmit any material that contains software viruses or any other computer codes, files, or programs designed to interrupt destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not express or imply that any statements you make are endorsed by CrackerJackAgent without our specific prior written consent.
You may not engage in advertising to, or solicitation of, other Members. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
CrackerJackAgent reserves the right to investigate and/or terminate your membership if you have misused the Service in any way, or behaved in a way that could be regarded as inappropriate or whose conduct is unlawful or illegal.
WE MAY MONITOR BEHAVIOR
We cannot and do not review every message or other public or private material posted or sent by users of CrackerJackAgent, and are not responsible for any of these messages or materials.
We also do reserve the right, but the obligation, to delete, move, or edit your messages, posts, or materials, including without limitation, profiles, public postings and messages, that we, in our sole discretion, deem to violate the rules of conduct and behavior detailed above or pursuant any other applicable content guidelines, laws or regulations, or which are found to be otherwise unacceptable in our sole discretion.
WE ARE NOT RESPONSIBLE FOR OTHER USERS BEHAVIOR
You understand that CrackerJackAgent does not screen its members. You further understand that CrackerJackAgent does not inquire into the backgrounds of its members or attempt to verify the truthfulness of the statements made by its members, participants, and users. CrackerJackAgent makes no representations or warranties as to the conduct of members or their compatibility with any current or future members. In no event shall CrackerJackAgent be held liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of this service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from any communications or meetings with other users or visitors of this Service or persons you meet through this Service. You agree to take all reasonable precautions in all interactions with other members/users of this Service, particularly if you agree to meet offline or in person. You understand that CrackerJackAgent makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
You acknowledge that CrackerJackAgent is not responsible for interruption of the Service, regardless of the cause of the interruption.
THIRD-PARTY MATERIAL AND WEBSITES
Opinions, advice, statements, offers, or other information or content made available by third-parties through the CrackerJackAgent.com site, but not directly by CrackerJackAgent, are the property of their respective authors, and such authors are solely responsible for such content. CrackerJackAgent does not guarantee the accuracy, completeness, or usefulness of any such information, whether published by CrackerJackAgent, its partners, or the users/members. Under no circumstances will CrackerJackAgent or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any third-party on the CrackerJackAgent website, including that of members, guests, advertisers, or featured guests or experts.
YOUR GRANT OF RIGHTS TO US
You understand that by posting any content to any publicly viewable area of the site (including those areas viewable only to members), you automatically grant, represent, and warrant that you have the right to grant to CrackerJackAgent an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content. You further represent and warrant that public posting and use of your content by CrackerJackAgent will not infringe or violate the rights of any third party.
If you believe that any material or content distributed on CrackerJackAgent.com, by its members or otherwise, constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our website; your address, telephone number and email address; a written 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; 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.
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in Albany County, for the resolution of any such dispute.
You agree to indemnify and hold CrackerJackAgent, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. You acknowledge and agree that under no circumstances will CrackerJackAgent, its officers, directors, employees, agents, advertisers, and third party content providers or licensors, be liable to you or any third party for any loss whatsoever caused by your use or reliance on information obtained through the content distributed by CrackerJackAgent as well as any direct, indirect, incidental, special, punitive, or consequential damages or injury arising out of the use of or inability to use the CrackerJackAgent service or out of the breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the CrackerJackAgent Website, no matter whether such claims are based on contract, tort, negligence, strict liability or any other cause of action, and regardless of whether CrackerJackAgent has been advised of the possibility of such damages. (Some jurisdictions limit the availability of such limitation of liability, in which case the provisions of this section may not apply to you. Notwithstanding the foregoing, in no event shall our liability exceed the sum of $100 U.S. dollars.)You hereby agree to indemnify, defend and hold harmless CrackerJackAgent and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. CrackerJackAgent reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
STATUTE OF LIMITATIONS
You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of CrackerJackAgent must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sub licensable without the prior written consent of CrackerJackAgent. CrackerJackAgent may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
This Agreement contains the entire agreement between you and CrackerJackAgent regarding the use of the Service and/or Website. If any provision of this agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.