freelancefree.com TERMS AND AGREEMENT Please read the following terms and conditions fully. Programmers and Webmasters will be referred to as "members". By registering as a member, you are acknowledging that you have read and agree to all terms and conditions. a) USE OF MEMBERSHIP Your Membership is nontransferable. You agree that only You may use the Membership. Only one membership is allowed per member, however each member may have a Programmer and Webmaster account. You will promptly notify us if You become aware of any unauthorized use of your Membership. All entrances are recorded. If you give you username and password to anyone else or allow others to enter, your membership will be terminated. b) ACCESS TO YOUR ACCOUNT In order to permit Us to protect the quality of our site and services, You hereby consent to Our employees being able to access Your account and records as necessary to investigate complaints and other allegations or abuse. We shall not disclose the existence or occurrence of such an investigation unless required to by law. c) UNAUTHORIZED USE All of the following will be considered unauthorized use and will be a basis for termination: 1. You may not sell or request copyrighted or illegally licensed material. 2. You may not share your username and password. 3. You may not post your email address or any other contact information on the freelancefree.com private message boards. Any contact outside of freelancefree.com before a project has been awarded, will be a basis for termination. 4. You may not avoid commission fees either through contact outside of freelancefree.com, bidding any amount other than the total of the project fees (no hourly, each or other abnormal fees), fee negotiations after a project is closed or through the duration of a project posting. Both parties must contact freelancefree.com if a project fee is changed. 5. 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You, by completing and submitting this Agreement represent that the statements in your application are true. Denial of Access The terms of service constitute an agreement that is effective unless and until terminated by Us. If you fail to comply with any term or provision of this Agreement, You agree that We, in our sole discretion, may terminate your access to our Site. Modification of Terms of Service We reserve the right to change or modify the terms of service at any time and your continued use of this Site will be conditioned upon the terms of service in force at the time of your use. Copyright & Trademark Notices You acknowledge that Our Site 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 protect in all forms, media and technologies existing now or hereafter developed. Third Party Links To enhance the value of your Membership, we may display links to websites sponsored by third parties ("Third Party Sites"). If you click on one of these links, you will be taken to a website not controlled by freelancefree.com. The Third Party Sites may contain information, affiliate programs or software that is important to the website creation process. freelancefree.com is not responsible for the content or operation of Third Party Sites reached by virtue of such links. IN ORDER TO USE THIS SITE, YOU MUST HAVE ACCESS TO THE WORLD WIDE WEB, EITHER DIRECTLY OR THROUGH DEVICES THAT ACCESS WEB-BASED CONTENT. IN ADDITION, YOU MUST PROVIDE ALL EQUIPMENT NECESSARY TO MAKE SUCH CONNECTION TO THE WORLD WIDE WEB, INCLUDING A COMPUTER AND MODEM OR OTHER ACCESS DEVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL CHARGES ASSOCIATED WITH CONNECTING TO THIS WEB SITE THROUGH AN AVAILABLE ACCESS NUMBER. Exclusions and Limitations 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. Entire Agreement This Agreement contains all of the Terms of Membership and no representations, inducements, promises or agreements concerning the Membership not included in this Agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall not be affected. Infancy You attest that you are of legal age to enter into this Agreement Governing Law This Agreement and the Terms of Membership shall be governed and construed in accordance with the laws of the State of Missouri without giving effect to the choice of law provisions thereof. Any dispute arising between You and Us will be resolved by submission to arbitration in Jackson County, State of Missouri in accordance with the rules of the American Arbitration Association then in effect. Notwithstanding the foregoing, nothing in this Agreement is intended or shall be construed to negate or otherwise affect the consumer protection laws of the state in which You reside.