TERMS OF SERVICE Disclaimer May 1, 2002 When using Earn007, you agree to the terms and conditions listed on this page (the "Terms of Service"). You can always check out the most current version of these Terms of Service at this page. In addition, when using particular Earn007, you shall be subject to any posted guidelines applicable to such services, and any terms or conditions applicable to Earn007 provided in conjunction with any of Earn007's content and service partners. If you do not agree to these Terms of Service please do not use the site and do not register to be a member of Earn007. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of the Earn007 Service following the posting of changes to these terms (including Earn007's Forum Guidelines) will mean you accept those changes. Overview Earn007 is a multi-purpose service which allows you to use or access a wealth of products and services, including e-mail, search services, shopping services, financial information and broad range of other content from time to time (collectively the "Earn007 Service"). These Terms of Service apply to the Earn007 Service as well as any new products or services that we may add in the future (unless stated otherwise). General Terms of Service and, Restrictions on Use of Materials By using the Earn007 Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, Earn007 reserves the right to terminate your access the Earn007 Service. Earn007 may discontinue or alter any aspect of the Earn007 Service, including, but not limited to, (i) restricting the time the Earn007 Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Earn007 Service, at Earn007's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Earn007 Service through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the Earn007 Service. In order to permit Earn007 to protect the quality of its products and services, you hereby consent to Earn007 employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. Earn007 shall not disclose the existence or occurrence of such an investigation unless required by law. You acknowledge that the Earn007 Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Earn007 owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The Earn007 name and logo are trademarks of Earn007. All other trademarks appearing on the Earn007 Service are trademarks of their respective owners. Earn007's partners may also have additional proprietary rights in the content which they make available through the Earn007 service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by Earn007, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Earn007. Earn007 does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Registration If you elect to register to use the Earn007 Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Earn007 Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Earn007 has reasonable grounds to suspect that such is the case, Earn007 has the right to suspend or terminate your account and refuse any and all current or future use of the Earn007 Service (or any portion thereof). Links The Earn007 Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Earn007 has no control over such sites and resources, you acknowledge and agree that Earn007 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Earn007 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. DISCLAIMER Earn007 uses diligent efforts to maintain the Earn007 Service, but Earn007 is not responsible for any defects or failures associated with the Earn007 Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Earn007 makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Earn007 Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the Earn007 Service may locate unintended and objectionable content. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE EARN007 SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK EARN007 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITATION. EARN007 MAKES NO WARRANTY THAT THE EARN007 SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE EARN007 SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE EARN007 SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EARN007 SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM EARN007 PERSONNEL OR THROUGH THE EARN007 SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. Disclaimer Regarding Financial Information The Earn007 Service allows you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The Earn007 Service, including all such financial information, is provided for informational purposes only, and no information you may obtain is intended by Earn007 to be used for trading or investing purposes. Earn007 shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the Earn007 Service, and shall not be liable for any trading or investment decisions made based on such information. Disclaimer Regarding Shopping Retailers The Earn007 Service provides shopping services to help you locate and potentially purchase products from online and offline retailers. Earn007 does not, however, control these independent retailers and Earn007 does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services. When shopping by means of services provided by Earn007 you acknowledge and agree that: Earn007 does not endorse any of the products or services ("Merchandise") linked to from or through the Earn007 Service, nor has Earn007 taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through Earn007 or their own web sites. Earn007 expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT EARN007 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EARN007 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE EARN007 SERVICE ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE EARN007 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EARN007 SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE EARN007 SERVICE. IN NO EVENT SHALL EARN007 S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Indemnification YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EARN007, TRIBAL ROSE, PEOPLE PEOPLE PEOPLE, THEIR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY EARN007 OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU. Termination and modification You agree that Earn007, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Earn007 Service, and remove and discard any Content within the Earn007 Service, for any reason, including, without limitation, for lack of use or if Earn007 believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Earn007 may also in its sole discretion and at any time discontinue providing the Earn007 Service, or any part thereof, with or without notice. Subject to any rights you may have under the , you agree that any termination of your access to the Earn007 Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Earn007 may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Earn007 Service. Further, you agree that Earn007 shall not be liable to you or any third-party for any termination of your access to the Earn007 Service. Governing Law and Other Miscellaneous Terms These terms shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the State of Colorado and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforce ability of any remaining provisions. This is the entire agreement between you and Earn007 relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of Earn007's successors, assigns and licensees. COPYRIGHT AND COPYRIGHT NOTICES Earn007 respects the intellectual property of others, and we ask our users to do the same. Earn007 may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Earn007's Copyright Agent 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 the site; your address, telephone number, and email address; 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; 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. Please contact Earn007's Copyright Agent for Notice of claims of copyright infringement on : TribalRose777@aol.com Make Earn007 Your Home Page!