The following Terms of Service govern your use of the AJAMS Web site located at www.ajams4u.com,
including any services and features available on or through the website. We may change the
Terms of Service from time to time, at any time, by posting such changes on the site. BY USING
THE site, YOU ACCEPT AND AGREE TO THESE Terms of Service AS APPLIED TO YOUR USE OF THE site. If
you do not agree to these Terms of Service, you may not access or otherwise use the site.
1. Proprietary Rights
As between you and AJAMS , with the exception, in some cases, of Submitted Materials, as
defined below in Section 6, we own, solely and exclusively, all rights, title and interest in
and to the site, all the content (including, for example, audio, photographs, illustrations,
graphics, other visuals, video, copy, software, etc.), code, data and materials on the site, and
the look and feel, design, compilation and organization thereof, including, but not limited to,
any copyrights, trademark rights, patent rights, database rights, moral rights and other
intellectual property and proprietary rights therein. Your use of the site does not grant you
ownership of any content, code, data or materials that you may access on the site.
All information you submit to AJAMS is held as confidential and is not shared by us
with anyone. We refer you to the privacy policy and Terms of Service of any website we link to
for their policies regarding your information.
AJAMS agrees not to reuse or redistribute the content we provided to you as long as you
have paid in full for the content. Nonpayment of the agreed on price results in the copyrights
belonging to AJAMS . We also agree not to reuse the content we provide to you in the same form
as provided to you. AJAMS cannot be held responsible for similar content appearing anywhere
nor can we be responsible for someone else misusing your content. It is your responsiblity to
police the content and protect your copyrights.
Resellers of content provided by AJAMS are bound with us as if they are the client and
we are the provider. Any Terms of Service or contracts between resellers and clients remain
between them and we shall not be held liable for what any reseller does with content or any
other promises they make to their clients.
2. Limited License
You may access and view the content on the site on your computer or other Internet-
compatible device, and make single copies or prints of the content on the site for your personal,
internal use only. The site and the site's services and any content and materials on the site, are
only for your personal, non-commercial use.
3. Prohibited Use
You may not commercially distribute, publish or exploit the site, or any content, code,
data or materials on the site, unless you have received the express written prior permission of
AJAMS or the applicable rights holder. Other than as set forth in Section 2 of these Terms of
Service, you may not download, display, copy, reproduce, distribute, modify, perform, transfer,
create derivative works from, sell or otherwise exploit any content, code, data or materials on
the site. If you make other use of the site, you may violate copyright and other laws of the
United States, other countries, as well as applicable state laws, and you may be liable for such
unauthorized use. AJAMS will enforce its intellectual property rights to the fullest extent of
the law.
4. Trademarks
The trademarks, logos, service marks and trade names (collectively the "Trademarks")
displayed on the website or on content available through the Web site are registered and
unregistered Trademarks of AJAMS and other owners and may not be used unless authorized by the
trademark owner. AJAMS will enforce its Trademark rights to the fullest extent of the law.
5. User Information
In the course of your use of the site, you may be asked to provide certain personal
information to us. Our information collection and use policies with respect to the privacy of
such personal information are set forth in the site's
Privacy Policy,
which is incorporated herein by reference for all purposes. You, and not AJAMS or NameCritic,
are responsible for the accuracy, currency and content of such information.
6. Submitted Materials
Unless specifically requested, we do not solicit nor do we wish to receive any
confidential, secret or proprietary information or other material from you through the site, by
e-mail or in any other way. Any information, creative works, demos, ideas, suggestions,
concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to
us (including, for example and without limitation, that which you submit or post to our chat
rooms, message boards, online meetings and/or our blogs, or send to us via e-mail) (Submitted
Materials) will be deemed not to be confidential or secret, and may be used by us in any manner
consistent with AJAMS's Privacy Policy. By submitting or sending submitted materials to us,
unless we agree otherwise specifically in writing, you: (i) represent and warrant that the
submitted materials are original to you, that no other party has any rights to such submitted
materials (in whole or in part), and that any "moral rights" in submitted materials have been
waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide,
perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable
right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform, display, make, sell and export such material (in whole or part)
and/or to incorporate it in other works in any form, media, or technology now known or later
developed. We cannot be responsible for maintaining any submitted materials that you provide to
us, and we may delete or destroy any such submitted materials at any time.
7. Prohibited User Conduct
You agree that, while using the website and the website's various services and
features, you will not:
impersonate any person or entity, whether actual or fictitious, or misrepresent your
affiliation with any person or entity, including without limitation, anyone from AJAMS or the
site;
insert your own or a third party's advertising, branding or other promotional content
into any of the website's content, materials or services (for example, without limitation, in
an RSS feed or a podcast received from AJAMS or otherwise through the website), or use,
redistribute, republish or exploit such content or service for any further commercial or
promotional purposes;
obtain or attempt to obtain unauthorized access to computer systems, materials,
information or any services made available on or through the site through any means;
engage in spidering, "screen scraping", "database scraping", harvesting of e-mail
addresses, wireless addresses or other contact or personal information;
engage in any automatic means of accessing, logging-in or registering on the site or for
any of the site's services or features, or obtaining lists of users or obtaining or accessing
other information, services or features on, from or through the site, including, without
limitation, any information residing on any server or database connected to the site or any
services offered on or through the site;
use the site or the site's services in any manner with the intent to interrupt, damage,
disable, overburden, or impair the site or such services, or interfere with any other party's
use and enjoyment of the site, including, without limitation, sending mass unsolicited messages
or "flooding" servers with requests;
use the website or the website's services or features in violation of AJAMS or any
third party's intellectual property or other proprietary or legal rights;
use the site or the site's services in violation of any applicable law;
attempt (or encourage or support any one else's attempt) to circumvent, reverse
engineer, decrypt, make unauthorized use of, or otherwise alter or interfere with the site or
the site's services, or any content on the site or the site's services; or
obtain or attempt to obtain any materials or information through any means not
intentionally made publicly available or provided for through the site.
8. Public Forums, Blogs, and Article Directories
We may, from time to time, make online communities, messaging services, chat services,
bulletin boards, message boards, blogs, other forums and other such services available on or
through the website. In addition to any other rules or regulations that we may post in
connection with a particular service, you agree that you will not upload, post, transmit,
distribute or otherwise publish through the website or any service or feature made available on
or through the website, any materials which:
restrict or inhibit any other user from using and enjoying the website or the website's
services;
are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or are otherwise
objectionable to Article Content Provider and NameCritic, Inc. in its discretion;
constitute or encourage conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any local, state, national or international law;
violate, plagiarize or infringe the rights of third parties, including, without
limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of
privacy or publicity or any other proprietary rights;
contain a virus, spyware, or other harmful component;
contain embedded links, advertising, chain letters or pyramid schemes of any kind; or
constitute or contain false or misleading indications of origin, endorsement or
statements of fact.
It is important to remember that comments, materials and information submitted to a
public forum or online community may be recorded and stored in multiple places, both on our Web site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read, view or access them eventually. Therefore, you should not disclose any sensitive, personal, proprietary or confidential information, about yourself or others, in your comments or other submissions to our public forums or other online communities, such as to our blog(s).
9. Right to Monitor and Editorial Control
We reserve the right (but have no obligation) to monitor or review all materials posted
or submitted to the website or through the website's services or features by users
(including, for example and without limitation, our blog(s)), and we are not responsible for
any such materials posted by users. However, we may disclose any information as necessary to
satisfy any law, regulation or government request, or to edit, refuse to post, delete or to
remove any information or materials, in whole or in part, that in our sole discretion are
objectionable or in violation of these Terms of Service, our policies or applicable law.
10. Linking to the Web site
We may insist that any link to the Web site be discontinued, and we may revoke your
right to link to the website from any other website at any time upon written notice to you, and
in such event you agree to discontinue any such linking activity.
11. Indemnification
You agree to defend, indemnify and hold AJAMS, its affiliates, and its directors, officers,
employees, trustees and agents harmless from any and all claims, liabilities, costs and expenses,
including reasonable attorneys' fees, arising in any way from your use of the site, your placement
or transmission of any message, content, information, software or other materials through the site,
or your breach or violation of the law or of these Terms of Service. We reserve the right, at our
own expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
12. Orders for Products and Services
We may make certain products available to visitors and registrants of the site. You may
only order products if you are 18 years old or older. You agree to pay in full the prices
(and all applicable taxes) for any purchases you make either by credit/debit card concurrent
with your online order or by other payment means acceptable to AJAMS. If payment is not
received by us from your credit or debit card issuer or its agents, you agree to pay all
amounts due upon demand by us. Certain products that you purchase and/or download on or through
the website may be subject to additional terms and conditions presented to you at the time of
such purchase or download.
13. Third Party Websites
You may be able to link from the Web site to third party web sites and third party web
sites may link to the website ("Linked sites"). You acknowledge and agree that we have no
responsibility for, nor do we endorse or sponsor, the information, content, products, services,
advertising, code or other materials which may or may not be provided by or through linked
sites, even if they are owned or run by affiliates of ours.
14. Copyright Agent
We respect the intellectual property rights of others and require that the people who use
the site do the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please forward the following information to AJAMS ’s Copyright Agent,
designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named
below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed; (There may be a
charge to have content removed, if it will cost AJAMS to remove it. Our cost will be passed on to
you, the claimant.
A description of where the alleged infringing material is located;
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;
An electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright interest; and
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.
Copyright Agent:
George A. Jenkins
1510 Highway 74 North, Suite 188
Tyrone, GA 30290
voice: 866-647-0056
e-mail: GAJenkins@ajams4U.com
15. DISCLAIMER OF WARRANTIES
THE SITE AND ITS SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED "AS IS," "AS
AVAILABLE", AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR
UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR
CONTENT OF INFORMATION ON THE site, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH
WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US OR THROUGH THE site (INCLUDING, WITHOUT LIMITATION, THROUGH OUR BLOG(S))
SHALL CREATE ANY WARRANTY. AJAMS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR,
ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON
ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE site OR YOUR DOWNLOADING OF ANY
MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE
SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON
THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT AND DO NOT, GUARANTEE THE
CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE
SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION
PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE HEREBY DISCLAIM, AND YOU HEREBY
WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE,
FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH AJAMS
OR ITS AGENTS.
16. LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AJAMS OR ITS AFFILIATES OR
ANY OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS OR CONTENT OR SERVICE
PROVIDERS (COLLECTIVELY, THE PROTECTED ENTITIES) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR
INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE site OR THE CONTENT, MATERIALS
AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE site, LOST BUSINESS OR
LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO
EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED,
TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH
THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF SERVICE OR YOUR USE OF THE SITE
EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO AJAMS FOR YOUR USE OF THE SITE OR
PURCHASE OF PRODUCTS VIA THE SITE.
17. Applicable Laws
We control and operate the site from our offices in the United States of America. We do
not represent that materials on the site are appropriate or available for use in other locations.
Persons who choose to access the site from other locations do so on their own initiative, and are
responsible for compliance with local laws, if and to the extent local laws are applicable. All
parties to these Terms of Service waive their respective rights to a trial by jury.
18. Termination
We may terminate, change, suspend or discontinue any aspect of the site or the site’s
services at any time. We may restrict, impose limits on, suspend or terminate your access to the
site and/or its services or features (e.g., our blog(s)) if we believe you have violated our Terms
of Service or applicable law, or for any other reason without notice or liability. AJAMS maintains
a policy that provides for the termination in appropriate circumstances of the website use
privileges of users who are repeat infringers of intellectual property rights.
19. Changes to Terms of Service
AJAMS reserves the right, at its sole discretion, to change, modify, add or remove any
portion of these Terms of Service, in whole or in part, at any time. Changes to the Terms of
Service will be effective when posted.
20. Miscellaneous
The Terms of Service and the relationship between you and us shall be governed by the
laws of the United States and the State of Georgia, without regard to its conflict of law
provisions. You agree that any cause of action that may arise under the Terms of Service shall
be commenced and be heard in the appropriate court in the State of Georgia, County of Georgia,
and you further agree to submit to the personal and exclusive jurisdiction of the courts located
in the County of Georgia, in the State of Georgia. Our failure to exercise or enforce any
right or provision of the Terms of Service shall not constitute a waiver of such right or
provision. If any provision of the Terms of Service is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the other provisions
of the Terms of Service remain in full force and effect.
Should you have other questions or concerns about these terms, please call us at
866-647-0056 or send us an email at ContactAJAMS@AJAMS4U.com.