User agreement and terms and conditions of
access and use for a texpo inc. website

THIS AGREEMENT WAS LAST REVISED ON 2nd of April, 2004 and is now in full force and effect for each person (USER) who registers for, accesses, downloads, prints or receives any data, information or services from or within this website or any other TEXPO INC. (OWNER) websites or any affiliated websites (each, a WEBSITE). Accordingly, after USER has read, and affirmed agreement to, the terms and conditions of this User Agreement and Terms and Conditions of Access and Use for a Texpo Inc. Website (USER AGREEMENT) USER may be provided with authorized access to the WEBSITE.

* We at Texpo Inc (www.heartdetectives.com) will not and do not sell or share your email information for commerical use or advertising and adhere to a "No Spam" policy.

BY REGISTERING FOR, ACCESSING, DOWNLOADING OR RECEIVING ANY DATA OR INFORMATION FROM THIS WEBSITE USER IS MAKING A LEGALLY BINDING AGREEMENT WITH OWNER AND IS SUBJECT TO THE PROVISIONS OF THIS USER AGREEMENT.

UNLESS USER AGREES TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, USER IS NOT AUTHORIZED TO ACCESS THIS WEBSITE.

USER AGREEMENT. The terms of this USER AGREEMENT, in addition to the terms of any privacy policy and applicable user guidelines each of which are hereby incorporated by reference herein, for the WEBSITE govern the responsibilities and obligations of USER with respect to access and use of the information and data available through the WEBSITE.

LIMITED LICENSE. OWNER hereby grants USER a limited, revocable, non-transferable, non-exclusive license to access and use the information and data available through the WEBSITE via a browser supplied by USER and such limited license is subject to: (a) this USER AGREEMENT, (b) the privacy policy, and (c) the user guidelines established for the WEBSITE, as may from time to time be amended by OWNER without notice to USER. USER agrees that OWNER may change, augment, suspend or discontinue any aspect of the WEBSITE at any time, including the ability of USER to access and/or utilize all or any part of the data and information available through the WEBSITE in the sole discretion of OWNER without notice or liability to USER.

USER WARRANTY. USER represents and warrants that USER is at least 18 years old and that USER will exercise the license granted herein for access and use the information and data available through the WEBSITE for the personal use of USER.

AMENDMENTS TO THE USER AGREEMENT. USER agrees that OWNER may amend this USER AGREEMENT from time to time and each such amendment shall take effect when posted or published on or through the WEBSITE. USER shall be automatically subject to the amended USER AGREEMENT upon the earlier of the date same is posted or published on or through the WEBSITE or the date USER accesses or uses the WEBSITE thereafter. If USER does not agree to any such amendment, USER must immediately cease access and use of the WEBSITE. Any continued access and use of the WEBSITE by USER constitutes a binding acceptance by USER of the then-current edition of the USER AGREEMENT, including each amendment.

COMMUNICATIONS FROM OWNER. USER hereby consents to receipt of, and OWNER hereby reserves the right to send to USER, via electronic mail and other means, personal and bulk messages for the purpose of informing USER of changes or additions to the USER AGREEMENT, the WEBSITE and/or solicitations for products and services by or through OWNER. Accordingly, USER hereby agrees to opt-in to receiving such messages.

USER CONDUCT. USER shall:
(a) keep all non-public information provided to USER by or through the WEBSITE, including any password or authorization code for the WEBSITE, as private and confidential and will not provide any such information to any other party without the advance written consent of the OWNER and, if applicable, the party who provided same to USER;
(b) not use the WEBSITE to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain or depict abuse of children or which are judged in the sole discretion of OWNER to be libelous, slanderous, abusive or defamatory or racist, pornographic, obscene, or offensive;
(c) not forward chain letters to or through the WEBSITE;
(d) not use the WEBSITE to infringe upon any privacy rights, property rights, intellectual property, industrial property, or any civil rights of any party including the OWNER; and USER agrees not to engage in, or attempt to engage in, behavior intended to threaten, harass, assault, injure or otherwise damage another user of the WEBSITE whether such behavior occurs online via the WEBSITE, via any electronic means, via use of other message delivery means, or in person;
(e) not post messages, pictures or recordings or use the WEBSITE in any way which: (i) violates, plagiarizes or infringes upon the rights of any other party, including but not limited to any copyright or trademark rights, privacy, or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates any law;
(f) not use the WEBSITE to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
(g) not use the WEBSITE for any unlawful purpose;
(h) not apply for or use any name for the WEBSITE that impersonates another party; and,
(i) cooperate with and assist OWNER in investigating any complaint directed to or involving USER, including providing relevant information and any records related to such complaint, upon the request of OWNER.

INTERACTIONS WITH OTHER MEMBERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT TEXPO INC. DOES NOT AND WILL NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. TEXPO INC. ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. TEXPO INC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. TEXPO INC. RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

IN NO EVENT SHALL TEXPO INC. BE 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 THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. IN ADDITION, YOU AGREE TO REVIEW TEXPO INC.’s (HEARTDETECTIVES.COM) SAFETY TIPS PRIOR TO USING THE SERVICE. YOU UNDERSTAND THAT TEXPO INC. MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.

MEMBERSHIP CATEGORIES AND FEES. The USER may elect to become a “Free Member” or a “Full Member” of the WEBSITE. A Free Member is not charged by OWNER for the access and use of certain features of the WEBSITE, as determined by OWNER. A Full Member is typically allowed to send and receive electronic mail, view and access photographs, and have access to additional features not available to a Free Member, as determined by OWNER. Certain additional features of the WEBSITE may be available to USER and USER will be charged for such certain additional fee-based features only in the event that USER accesses and/or uses such fee-based additional features, according to the current fee schedule.

PAYMENT OF FEES BY USER. USER agrees to provide a valid credit card acceptable to OWNER and agrees to promptly pay OWNER via the valid credit card for the categories of membership(s) selected by USER, and for the use of any fee-based additional features of the WEBSITE by USER.

COLLECTION OF DATA AND INFORMATION. USER agrees to the use of so-called cookies and the like to collect information on the access and use of the WEBSITE by USER. USER agrees that OWNER may disclose information that in the aggregate reveals usage patterns and volume of access and use of the WEBSITE by USER and other parties and that OWNER may combine such aggregate information with demographic information in forms that do not reveal the personal identity of USER.

PRIVACY AND USE OF DATA AND INFORMATION. USER expressly consents to USER’s receipt of solicited or unsolicited electronic messages from other users of the WEBSITE, and acknowledges that any or all such electronic messages may be generalized responses transmitted to numerous parties by such other users of the WEBSITE. USER acknowledges and agrees that: (a) OWNER cannot ensure the security or privacy of information USER provides through use of the WEBSITE, the Internet, or electronic mail messages, and USER hereby releases OWNER from any and all liability in connection with the use of such information by third parties; (b) OWNER is not responsible for, and cannot control, the use by other parties of any information which USER provides to other parties via the WEBSITE or other means, and USER accepts the entire risk of providing such information to other parties; and (c) OWNER cannot assume any responsibility for the content of electronic messages sent by other users of the WEBSITE, and USER hereby releases OWNER from any and all liability in connection with the content of any messages USER may receive from other users. USER IS ADVISED TO USE CAUTION IN SELECTING THE INFORMATION, INCLUDING ANY PERSONAL INFORMATION OF USER, PROVIDED THROUGH THE WEBSITE OR OTHER MEANS.

MONITORING OF DATA AND INFORMATION. USER agrees that OWNER may, but is not obligated to, monitor advertisements, public postings, photographs, electronic mail messages and any other information and data accessible to or used by USER through the WEBSITE and take appropriate action, including terminating USER access and use of the WEBSITE in the event that OWNER detects any information or data that OWNER determines fails to conform to the terms of this USER AGREEMENT, the privacy policy or the user guidelines.

REMOVAL OF DATA AND INFORMATION. USER agrees that OWNER may, but is not obligated to, remove any data or information, including without limitation advertisements, public postings, photographs and electronic mail messages that in the sole discretion of OWNER violates this USER AGREEMENT, the privacy policy or the user guidelines for the WEBSITE. USER shall remain solely responsible for the content of advertisements, public postings, photographs, e-mail messages and other materials USER may upload to the WEBSITE or provide to other users of the WEBSITE.

OWNER RIGHT TO TERMINATE USER ACCESS TO WEBSITE. OWNER may, in the sole discretion of OWNER, terminate the access to and/or use of the WEBSITE by USER at any time without notice to USER. Without limiting the generality of the foregoing, any libelous, slanderous, abusive, defamatory, racist, pornographic, obscene, or otherwise offensive, fraudulent, or unlawful activity shall be grounds for termination of access by USER to all or any part of the WEBSITE at the sole discretion of OWNER, and same may be referred to appropriate law enforcement agencies.

PROPRIETARY AND USER INFORMATION. The WEBSITE contains information which is proprietary to OWNER and to users of the WEBSITE. OWNER asserts full ownership of the WEBSITE including copyright and trademark protection in and to content of the WEBSITE and the logos and icons of OWNER available through the WEBSITE. USER agrees not to modify, retransmit, adapt, translate, prepare derivative works or distribute any such information in any manner whatsoever. When USER uploads information of USER to the WEBSITE (or directly to OWNER), USER automatically grants OWNER an unrestricted, irrevocable royalty free license to use, reproduce, display, modify, store and transmit electronically, and to distribute such information for any purpose related to the WEBSITE.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. USER agrees that the WEBSITE is provided AS IS, AS AVAILABLE and WITH ALL FAULTS and with no warranty whatsoever and USER accepts the entire risk of loss due to access and use of the WEBSITE. USER hereby waives and OWNER hereby disclaims any and all warranties whether express or implied related to the WEBSITE including, without limitation, any warranty of fitness for a particular purpose, merchantability, non-infringement and the like. USER agrees that OWNER is not and shall not be responsible for any damages of any kind, including without limitation, incidental, consequential, special, compensatory, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to the access or use of the WEBSITE by USER or by any third party use of the WEBSITE, including but not limited to lost revenues, profits, business or data, damage to property or personal injury, or any damages resulting from any viruses, worms, “Trojan horses” or other destructive software or materials, or communications by USER or other users of the WEBSITE, any incompatibility with any particular browser or computer network configuration or any interruption or suspension of the WEBSITE, regardless of the cause of the incompatibility interruption or suspension. Any claims against OWNER shall be limited to the amount USER paid, if any, for use of the WEBSITE during a previous 12 month period. OWNER may discontinue or change the WEBSITE or its availability to USER at any time, and USER may cease use of the WEBSITE at any time. USER agrees that any equitable or legal claim relating to the WEBSITE or to OWNER must be asserted by USER within six (6) months of the date such equitable or legal claim first accrued or shall be deemed untimely and fully waived by USER. USER hereby releases OWNER from any and all liabilities occurring more than six months prior in time.

LINKS. The WEBSITE may from time to time contain hypertext links to other websites and electronic resources (LINKS). OWNER is not responsible for, and USER agrees that OWNER shall have no liability as a result of, the availability of LINKS or their contents.

INDEMNITY USER agrees to indemnify, defend and hold harmless the OWNER, and the officers, directors, employees, agents, and attorneys of OWNER from any claim, suit, allegation, loss or damages, including without limitation reasonable legal fees, which OWNER may suffer due to the direct and indirect activities of USER on or through the WEBSITE, including without limitation any breach by USER of this USER AGREEMENT, the privacy policy or the user guidelines or any charges or complaints made by other parties against USER and/or OWNER. USER shall pay for the defense of OWNER in any such claim. OWNER reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by USER; provided, however, that USER shall remain ultimately liable for any such claim.

RELEASE. USER and USER's successors and assigns hereby release, acquit, and forever discharge OWNER from and against any and all claims, charges, damages, or liabilities arising from, relating to, or otherwise associated with USER's access or use of the WEBSITE, including without limitation any claims, charges, damages, or liabilities for personal injuries to, or the death of USER, caused by a party directly or indirectly encountered by USER through the use of the WEBSITE.

NO ENDORSEMENT. USER agrees that OWNER does not endorse, and no warranties of any type to advice, opinions, statements, data, information or other content or information accessed, used, displayed, uploaded or distributed through the WEBSITE. USER acknowledges that any reliance upon any such opinion, advice, statement, data, information or other content or information shall be at the sole risk of USER.

GENERAL. USER may not assign or transfer this USER AGREEMENT or delegate any obligations of USER relative to the WEBSITE to any third party. OWNER may assign any or all of its rights and duties under this USER AGREEMENT or to the WEBSITE to any third party. At the election of OWNER the obligations hereunder may be assumed by a third party and in such event OWNER shall be relieved of any and all liability under this USER AGREEMENT. This USER AGREEMENT is entered into in Minnesota, USA and USER agrees that all aspects of performance of this USER AGREEMENT take place in Minnesota. This USER AGREEMENT shall be governed by the laws of the State of Minnesota without reference to any conflicts of laws provisions therein and any disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the federal and state courts in the State of Minnesota. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

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