RegainAmerica - Terms of Service

Last Updated: March 20, 2007

Hello and welcome to the RegainAmerica Website!

Please take the time to read these Terms of Service, as it is important to understand our contractual relationship relating to your use of RegainAmerica services.  

1.  Legal Agreement; Parties; Subject Matter; Terms; Amendment of Terms
This is a Legal and Binding Agreement (hereinafter referred to as "Agreement") between Regain America and all subdomains of same, owned and operated by Jade Networks International, and each and every Member of  Regain America and all subdomains of same, owned and operated by Jade Networks International.

Hereinafter, "Regain America and all subdomains of same, owned and operated by Jade Networks International" are collectively referred to as "RA Website and Services".

Hereinafter, "each and every Member of  Regain America and all subdomains of same, owned and operated by Jade Networks International" are collectively referred to as "Member(s)".

This Agreement between RA Website and Services, and Member(Drunk, states the Terms of Service, Rules and Policies (hereinafter "Terms of Service, Rules and Policies" are collectively referred to as "Terms") that govern the Member(Drunk use of the Service(Drunk provided by the RA Website and Services.

RA Website and Services reserves the right, at any time and from time to time, to update, revise, supplement, and/or otherwise modify this Agreement and to impose New and/or Additional Rules, Policies, Terms of Service and/or Conditions on the Member(s)' use of RA Website and Services.  (Hereinafter "New and/or Additional Rules, Policies, Terms of Service and/or Conditions" are collectively referred to as "Additional Terms").  Any such updates, revisions, supplements, modifications, and/or Additional Terms shall become effective immediately and be incorporated into this Agreement in full.  The Member(s)' continued use of the RA Website and Services following such updates, revisions, supplements, modifications, and/or Additional Terms will be deemed to constitute the Member(s)' acceptance of any and all such updates, revisions, supplements, modifications, and/or Additional Terms.
  

2.  Notification of Amendment and/or Additional Terms to Agreement
RA Website and Services will notify Member(Drunk by email to their registered email address, of any updates, revisions, supplements, modifications, and/or Additional Terms to this Agreement on RA Website and Services as they happen. Each time Member(Drunk use(Drunk RA Website and Services, Member(Drunk will be bound by the then current Terms.  Member(Drunk should review these Terms on a reasonable basis to ensure that Member(Drunk are in compliance with the Terms of this Agreement.
  

3.  Severability
These Terms shall be deemed severable.  In the event that any provision of any of the Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions.
  

4.  Headings
The headings used in these Terms are included for convenience only and shall not define, extend, limit or otherwise affect these Terms.
  

5.  Eligibility; Membership
Member(Drunk of RA Website and Services must be Sixteen (16) years old or over at the time they register.  By registering as Member(Drunk of RA Website and Services, Member(Drunk warrant that they have the right and capacity to enter into the above referenced Agreement and to abide by all the Terms.

Individuals who registers with RA Website and Services become Member(Drunk within the Terms of this Agreement.  Member(Drunk found to be in any way abusive of any of the services of RA Website and Services may have their membership suspended or cancelled.  RA Website and Services reserves the right to cancel the membership of Member(Drunk, without prior notice, and with immediate effect.

Please note that  Member(Drunk cannot have more than one account with RA Website and Services for safety and privacy reasons.
  

6.  Assignment and/or Delegation of Member(s)' Rights Prohibited
The Terms and/or Additional Terms of this Agreement are between RA Website and Services and Member(Drunk.  Member(Drunk is/are not entitled to assign and/or deligate Member(s)' rights under the Terms and/or Additional Terms.  This provision includes, but is not limited to, the right of Member(Drunk to contribute to those parts of RA Website and Services that include Member Contributor Content.
  

7.  Notices
RA Website and Services may send Member(Drunk Notice(Drunk with respect to this Agreement by sending Member(Drunk an email message to the email address specified by Member(Drunk in Member(s)' account contact details, or by a posting on the RA Website and Services public forums.  Notices shall become effective immediately.
  

8.  Account Suspension / Termination
In the event that Member(s)' account is not used for a period of one hundred and eighty (180) consecutive days, RA Website and Services has the right to put Member(s)' account on hold and Member(Drunk will be notified.  If, after an additional thirty (30) days Member(s)' account still has not been used, Member(s)' account will be terminated together with any content. Member(s)' account name will then also be made available to the general public for re-use.
  

9.  Criminal and/or Tortious Activity Expresslyl Prohibited
RA Website and Services expressly prohibits Criminal (Illegal) and/or Tortious activity(ies) from being conducted, advocated, solicited, and/or in any other way engaged in, by and/or through, and/or in any other way connected with, RA Website and Services .  Prohibited Criminal (Illegal) and/or Tortious activity(ies) include(Drunk, but is/are not limited to, the following: child pornography, fraud, trafficking in obscene material, drug dealing, gambling, copyright infringement(Drunk, patent infringement(Drunk, and/or theft of trade secret(Drunk.

RA Website and Services expressly reserves the rights to investigate and to take the appropriate legal action against Member(Drunk and/or others who, in RA  Website and Services' opinion and sole discretion, violate this provision and/or are found to be in violation of this provision, including, but not limited to, the reporting of any violation(s) to law enforcement authorities. 
  

10.  Member Content; Code of Conduct for Content; Objectionable Material
In line with our policy and desire to make RA Website and Services and, particularly, all public areas such as the RA Website and Services discussion group forums and email lists a clean and friendly place, Member(Drunk who post offensive content and/or content violative of the Terms and/or who behave in an otherwise anti-social manner are subject to having their membership suspended and/or cancelled, without prior notice, and with immediate effect.

Member(Drunk should be aware of the following:

  • Member(Drunk are solely responsible for the content that Member(Drunk publish or post on RA Website and Services or send to other Member(Drunk.
  • Member(Drunk agree(Drunk not to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, obscene, harassing, tortuous, vulgar, defamatory, libelous, slanderous, sexually-oriented, invasive of another's privacy, and/or hateful and/or racially and/or ethnically slurred and/or in any other way otherwise objectionable and/or which violate any applicable law(Drunk.

    Member(Drunk who engage(Drunk in any of the foregoing may be immediately and permanently banned from RA Website and Services, and the Member(s)' Service Provider being informed.

  • Member(Drunk agree(Drunk not to misuse RA Website and Services (including, without limitation, by hacking and/or cracking.)
  • Member(Drunk agree(Drunk not to post any or all of the following which is a sample only of some of the activities that will be deemed unacceptable and which could give rise to the immediate suspension and/or cancellation of Member(s)' membership and/or give rise to such other rights of action as may be necessary:
    • That is patently offensive and/or which contain(Drunk reference(Drunk to and/or promote(Drunk in any way whatsoever any and/or all of the following: racisim, bigotry, hatred and/or physical harm and/or violence of any kind against any group(Drunk and/or individual(Drunk.
    • That is, in and of itself, criminal (illegal) and/or tortious in nature, and/or that contain(Drunk reference(Drunk to illegal practice(Drunk, activity(ies) and/or conduct, and/or which promote(Drunk in any way whatsoever illegal practice(es) including, but not limited to, conduct that is abusive, threatening, obscene, defamatory, libelous and/or harassing.
    • That exploit(s)any individual(Drunk in a sexual or violent manner and/or which contain(Drunk nudity, violence, and/or offensive subject matter and/or contain(Drunk a link or links to "adult website(s)".
    • That contain(Drunk false and/or misleading information and/or promote(Drunk information that Member(Drunk know(Drunk is/are false or misleading.
    • Which involve the transmission of any and/or all of the following:  "junk mail", "chain letters", "spam", instant messaging, unsolicited mass mailing(Drunk, "spimming", "spamming", and/or the sending of virus(es) and/or other harmful files. 
    • That cover or obscure any RA Website and Services' advertising and/or page(es) content.  
    • That engage(Drunk and/or involve(s) and/or solicit(Drunk Member(Drunk and/or other(Drunk for commercial activity(ies) such as advertising, contests, lotteries, barter, pyramid and/or any other such schemes. Which solicit(Drunk personal information from anyone under the age of 18.
    • Which provide(Drunk any telephone number(Drunk and/or street address(es) and/or last name(Drunk and/ or URL(Drunk and/or email address(es).
    • Which include(es) photograph(Drunk of individual(Drunk posted without such individual(s)' consent.
    • Which contain(Drunk restricted and/or password only access page(es) or hidden page(es).
    • Which involves any automated use of RA Website and Services (other than site RSS feeds), such as using "scripts" or other automated procedure(Drunk or artifice(Drunk.
    • By using the account, user name, or password of another Member or Members at any time or by disclosing Member(s)' password(Drunk to any third parties) or by permitting and/or enabling any third party to access the account of any Member(Drunk.
    • By interfering with, disrupting, and/or creating an undue burden on RA Website and Services or the networks and/or other entity(ies) and/or other service(es) connected with the running and/or functioning of RA Website and Services.
    • Which encourages Member(Drunk and/or others to break these Terms and/or the Agreement with RA Website and Services.
  • Member(Drunk agree(Drunk to respect fellow Member(Drunk and the people who provide this service through RA Website and Services. Member(Drunk found pretending to be someone else for the purpose of deception will be instantly and permanently banned.
  • Member(Drunk are advised that RA Website and Services will fully cooperate with any and all appropriate law enforcement agency or court order requesting or directing RA Website and Services to disclose the identity of, and/or to locate anyone who, posts any material illegal in nature. This includes, but is not limited to, spam, scams, fraud and others.

Member(Drunk further understand that by using the RA Website and Services, Member(Drunk may encounter content that may be found to be, and/or is deemed to be, offensive, indecent, and/or objectionable, and/or which content may or may not be identified as having explicit language.  Nevertheless, Member(Drunk agree(Drunk to use RA Website and Services at Member(s)' SOLE RISK, and, Member(Drunk understand(Drunk that RA Website and Services has no liability to Member(Drunk for content that may be found to be and/or is deemed to be offensive, indecent, and/or objectionable and/or which content may or may not be identified as having explicit language.

Member(Drunk agree(Drunk that the administrators, moderators, and/or webmaster of RA Website and Services have/has the right to remove, edit, move or close any content posted by Member(s) on RA Website and Services at any time should same be found to be, and/or deemed to be, criminal, tortious, offensive, indecent, and/or objectionable according to reasonable community standards, illegal in and of itself, and/or is in any other way inappropriate for RA Webiste and Services.

While the administrators, moderators, and/or webmaster of RA Website and Services will attempt to remove or edit such objectionable content  as described above as quickly as is possible, some objectionable content may nevertheless slip by either whole or in part.  Member(Drunk acknowledge(Drunk that any and all content posted by Member(Drunk on RA Website and Services express the views and opinions of the author Member(Drunk and not the administrators, moderators or webmaster (except for specific posts by such individuals) and RA Website and Services will not be held liable.

Other than personally identifiable information, which is covered under the RA Website and Services Privacy Policy, any material that Member(Drunk post on RA Website and Services or through RA Website and Services will be considered non-confidential and non-proprietary.  RA Website and Services will have no obligation(Drunk with respect to such materials. RA Website and Services and/or its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied there for any and all commercial or non-commercial purposes.

The IP address of all posts made by Member(s) is recorded by RA Website and Services to aid in enforcing these conditions.  Member(Drunk agree(Drunk to any information entered by Member(Drunk on RA Website and Services being stored in a database.  While this information will not be disclosed to any third party without Member(s)' consent (in the absence of a Court Order), the administrators, moderators, or webmaster cannot be held responsible for any hacking attempt that may lead to the data being compromised.

RA Website and Services systems use cookies to store information on Member(s)' local computer. These cookies do not contain any of the information Member(Drunk has/have entered above; they serve only to improve Member(s)' viewing pleasure. The e-mail address is used only for confirming Member(s)' registration details and password and to assist any necessary administrative communication  which may arise, i.e notification of pending account termination or changes to the Terms; issuance of new password(Drunk to Member(Drunk should the need arise.
  

11.  Member Names
Any Member Name (handle) chosen by Member(Drunk for identification and/or use on RA Website and Services containing references of a sexual or racist nature or otherwise rude and/or offensive to the community will not be allowed.  This also applies to trade or copyrightable names   If a name is initially allowed, but it is later brought to the attention of RA Website and Services that that name is protected by copyright or otherwise protected by law, the name will be deleted and Member(Drunk will be asked to choose a new name. 
  

12.  Member Disputes; Offline Meetings
Member(s) is/are solely responsible for their interactions with other Member(Drunk, and RA Website and Services has no obligation to monitor disputes between Member(Drunk.

It is up to each individual Member if and when that Member meets another Member or Members offline.  Any offline meeting between Member(Drunk of RA Website and Services including Member(Drunk organized events or RA Website and Services organized events is purely the responsibility of each individual Member.  However, we strongly recommend caution if Member(Drunk plan(Drunk to do so.
  

13.  Service Access
While RA Website and Services is normally available 24 hours a day, RA Website and Services will not be liable if for any reason it is unavailable at any time for a particular period. Access to RA Website and Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond its control.   We also reserve the right to add or remove certain services on the website.
  

14.  Complaints
If  Member(Drunk has/have any complaint(Drunk regarding RA Website and Services, RA Website and Services asks that Member(Drunk please contact us at xxxxx@xxxxx.com.
 

15.  Disclaimer of Warranties; Liability Limitations

  • RA WEBSITE AND SERVICES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT MEMBER(S)' USE OF RA WEBSITE AND SERVICES WILL NOT BE UNINTERRUPTED OR ERROR-FREE, AND MEMBER(Drunk AGREE THAT FROM TIME TO TIME RA WEBSITE AND SERVICES MAY REMOVE RA WEBSITE AND SERVICES FOR AN INDEFINITE PERIOD OR PERIODS OF TIME AND/OR CANCEL THE RA WEBSITE AND SERVICES AT ANY TIME, WITHOUT NOTICE TO MEMBER(Drunk.
  • MEMBER(Drunk EXPRESSLY AGREE THAT MEMBER(S)' USE OF, OR INABILITY TO USE, RA WEBSITE AND SERVICES IS AT MEMBER(S)' SOLE RISK.  RA WEBSITE AND SERVICES AND ALL PRODUCTS AND/OR SERVICES DELIVERED TO MEMBER(Drunk THROUGH RA WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR MEMBER(S)' USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO MEMBER(Drunk.
  • IN NO CASE SHALL RA WEBSITE AND SERVICES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGE(Drunk ARISING FROM MEMBER(S)' USE OF ANY OF THE RA WEBSITE AND SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO MEMBER(S)' USE OF THE RA WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RA WEBSITE AND SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RA WEBSITE AND SERVICES' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
  • RA WEBSITE AND SERVICES SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY MEMBER(Drunk IN CONNECTION WITH RA WEBSITE AND SERVICES, BUT MEMBER(Drunk ACKNOWLEDGE AND AGREE THAT MEMBER(S)' SUBMISSION OF SUCH INFORMATION IS AT MEMBER(S)' SOLE RISK, AND RA WEBSITE AND SERVICES HEREBY DISCLAIMS ANY AND ALL LIABILITY TO MEMBER(Drunk FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
  • RA WEBSITE AND SERVICES DOES NOT REPRESENT OR GUARANTEE THAT RA WEBSITE AND SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, AND/OR OTHER SECURITY INTRUSION, AND RA WEBSITE AND SERVICES DISCLAIMS ANY LIABILITY RELATING THERETO. MEMBER(Drunk SHALL BE RESPONSIBLE FOR BACKING UP MEMBER(S)' OWN SYSTEM AT ALL TIMES ENCOMPASSED WITHIN THE INSTANT AGREEMENT.

 

16.  Waiver and Indemnity
By using RA Website and Services, Member(Drunk agree to indemnify and hold RA Website and Services, its directors, officers, employees, affiliates, agents, contractors, and licensors, harmless with respect to any claim(Drunk arising out of Member(s)' breach of this Agreement, Member(s)' use of RA Website and Services, or any action taken by RA Website and Services as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. This means that Member(Drunk cannot sue or recover any damages from RA Website and Services, its directors, officers, employees, affiliates, agents, contractors, and licensors, as a result of its decision to remove or refuse to process any information or content, to warn Member(Drunk, to suspend or terminate Member(s)' access to RA Website and Services, or to take any other action during the investigation of a suspected violation or as a result of RA Website and Services' conclusion that a violation of this Agreement has occured. This Waiver and Indemnity provision applies to all violations described in, or contemplated by, this Agreement.
  

17.  Hypertext Links
This website may be linked to or from other websites that are not maintained by RA Website and Services.  RA Website and Services is not responsible for the content of those websites. The inclusion of any link to or from such websites does not imply endorsement, sponsorship or recommendation by RA Website and Services of the websites and RA Website and Services disclaims any warranty (expressed, implied or otherwise howsoever arising) about the content and operation of these sites. RA Website and Services disclaims any liability for links: (i) from another website to RA Website and Services; and (ii) to another website from RA Website and Services.
  

18.  Use of Member Contact Information
Member(Drunk agree(Drunk and consent(Drunk that RA Website and Services may use Member(s)' contact information (i.e., e-mail, postal address and/or other contact details) in order to contact Member(Drunk with regard to Member(s)' use of RA Website and Services including, but not limited to, the following:  welcome emails, confirmation emails, technical service announcements, and any other emails, bulletins, and/or announcements RA Website and Services deems necessary to send to RA Website and Services Member(Drunk to ensure the continuous smooth and safe maintenance of RA Website and Services.

Except for what is delineated in this Terms of Service, RA Website and Services will not disclose Member(s)' personal information to any third party(ies).

RA Website and Services will collect and use Member(s)' personal information for the operation, use, and improvement of RA Website and Services, e.g., for providing Member(Drunk with more effective customer service, making RA Website and Services easier to use, and obtaining and displaying advertising which is the most desirable and relevant to RA Website and Services' Member(Drunk.

Personal information collected from RA Website and Services' Member(Drunk may be stored and/or archived in any country where RA Website and Services is licensed to do so, and, Member(Drunk consent to any such transfer of information outside Member(s)' country. 
  

19.  Intellectual Property
All intellectual property and information on this site is/are owned by RA Website and Services or is licensed to RA Website and Services and no Member can copy these without permission.
  

20.  Force Majeure
Neither Member(Drunk nor RA Website and Services shall be liable for failure to perform or delay in performing any obligation under the foregoing Agreement if the failure or delay is caused by circumstances beyond Member(s)' or RA Website and Services' reasonable control, including but not limited to acts of God, war, civil commotion or industrial dispute ("force majeure"). If such delay or failure continues for at least 30 days, the party not subject to the force majeure shall be entitled to terminate this Agreement by notice in writing to the other. The party subject to the event of force majeure shall, as soon as practicable, give notice of the event to the other party, such notice to include a reasonable forecast of the duration of the event.
  

21.  Governing Law
The Terms of Service and the relationship between Member(s) and RA Website and Services shall be governed by the laws of Hong Kong without regard to its conflict of law provisions.Member(s)' use of this website indicates that Member(Drunk accept(Drunk these Terms of Service and the Privacy Policy.  If you have any questions, please email us at xxxxx@xxxxx.com.