TERMS OF USE
My Last Homepage LLC (the "Company") owns and operates the website, www.mylasthomepage.com ("Website"). This is a legal agreement ("Agreement") between you and the Company. By accessing or otherwise using the Website you agree and acknowledge to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms or to our Privacy Policy located at Privacy Policy, please do not access the Website. We reserve the right to change these Terms at any time and we recommend that you periodically check this page for any updates or modifications to our Terms.
By using the Website, you represent and warrant that: (a) you are thirteen (13) years of age or older; (b) all required registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you intend to use the Website for personal, non-commercial use; (e) you will not take any actions to interfere with any other party’s use of the Website, and (f) your use of the Website does not violate any applicable law or regulation. The Company grants you a limited license to access and use the Website for a non-commercial use in accordance with these Terms and the instructions and guidelines posted on the Website. We reserve the right to terminate your license to use the Website at any time and for any reason or to charge for use of the Website in the future. You understand that termination of this Agreement may involve deletion of any data that you may have stored on the Website or our databases. The Company is not liable to you for the deletion of this information or the termination of this Agreement.
You are solely responsible for your use of the Website and for protecting your user name, the domain name extension associated with your account, your password and all use of your profile associated with the Website ("Profile"). You agree not to use the Profile, username, or password of another user of the Website at any time. If you suspect any unauthorized use of your Profile or access to your password, you agree to provide the Company with immediate notice of such event.
Since our Website serves as a tool to store information, user-posted content does not represent the advice, views, opinions or beliefs of the Company. Any links to third-party websites and such linked websites' content, business practices and privacy policies are not under the control of the Company and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Website does not imply any endorsement by or any affiliation with our Company. In accessing the Website or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Website. We reserve the right to remove any content that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any account posting or hosting objectionable content or recommending objectionable websites are subject to termination. Also, we reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a product or service. Furthermore, by posting content, you are granting permission for the Company to access and use it in connection with the Website and otherwise in connection with its business. The Company is also permitted to access and disclose any information or content that you have posted to the Website or which has otherwise been collected by the Company in order to satisfy any governmental requests, court orders, subpoenas or in order to protect or promote the Website and our Company.
WE PROVIDE THE WEBSITE AND RELATED SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. YOU AGREE THAT YOU ARE USING OUR WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARISE FROM SUCH USE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF SUCH POSSIBILITY. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITE EXCEED THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
Some states do not allow for the foregoing exclusions and limitations, if you are a resident of such a state the above may not be applicable.
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Website, (b) your violation of any terms of this Agreement or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
You acknowledge that the Company owns all right, title and interest in and to the Website, including without limitation, the Website, and all underlying software and technology, including without limitation all rights arising from patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
These Terms supersede any previous agreement related to your use of our Website and represent the entire agreement between us. These Terms are governed by the laws of the State of New Jersey without reference to conflict of laws principles and any dispute with regard to this Agreement or your use of the Website shall be venued within the State of New Jersey. You hereby consent to such jurisdiction. If any provision of these Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company. Any notices to us may be emailed to Jim@mylasthomepage.com Likewise, any questions about this Agreement or the Website may be emailed to Jim@mylasthomepage.com