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Terms Of Use

EFFECTIVE DATE: 9/5/07

This Web site is made available by Quick and Dirty Tips, a division of Macmillan Holdings, LLC ("QDT"). Throughout these Terms of Use, the terms "QDT", "we," "us" and "our" refer to QDT. QDT offers this Web site, including all information, features and services available from this Web site, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of the Web site constitutes your agreement to all such terms, conditions, policies and notices.

Your Use of This Site

As a condition to your continued use of this Web site, you agree that you will not use this Web site for any purpose that is unlawful or prohibited by these Terms of Use.

Accuracy, Completeness and Timeliness of Information on the Web site

We are not responsible if information we make available on this Web site is not accurate, complete or current. The material on this Web site is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the material on this Web site is at your own risk. This Web site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. This Web site may also contain information provided by third parties, and opinions and views of third parties. We are under no obligation to verify any information provided by third parties, and the opinions and views expressed by third parties are not those of QDT, and are not endorsed by us. We reserve the right to modify the contents of this Web site at any time, but we have no obligation to update any information on this Web site. You agree that it is your responsibility to monitor changes to the Web site.

Use of Material from This Web site

This Web site (including but not limited to software, files, graphics and data found on the site) is the property of and owned by QDT or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. You may display and electronically copy, download and print one hard copy of the material contained on the Web site for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print. When you display, copy, download or print any material on or from the Web site, it is provided to you by QDT or its licensors under a license that is revocable. QDT and its licensors retain full and complete title to the material on this Web site and to any and all of the associated intellectual property rights. Any other use of the material on the Web site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Web site, is expressly prohibited.

Material You Submit

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You represent, warrant, and agree that you own all rights to the content you post or otherwise control sufficient rights to grant the rights you grant by these Terms of Use; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; that you will not upload to, distribute or otherwise publish through this Web site any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any third party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” If you submit any video content through this site, you further represent, warrant and agree that you have the written consent or permission of each identifiable individual in such content to use their name and likeness and grant the rights you grant in these Terms of Use. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Web site. If you do submit material, and unless we indicate otherwise, you grant Macmillan Holdings, LLC, and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Macmillan Holdings, LLC, and its affiliates the right to use the name you submit in connection with such content, if they so choose. All personal information provided via this Web site will be handled in accordance with the site's online Privacy Notice.

Trademarks and Copyrights

This Web site features trademarks, service marks and logos that are the property of QDT and/or its affiliates or licensors. The Web site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. This Web site and all of its contents including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Intellectual Property Rights of Others

We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

Quick and Dirty Tips, a division of
Macmillan Holdings, LLC
175 Fifth Avenue
New York, NY 10010
Attention: Legal Department
e-mail: copyrightagent@hbpub.com

Please include all of the following in your notification:

A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work you claim has been infringed;
a description of where the material you claim is infringing is located on the Web site;
your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
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; 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 behalf of the owner of an exclusive right that is allegedly infringed.

DISCLAIMERS

YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEB SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. QDT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEB SITE ARE NONINFRINGING; THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEB SITE WILL BE SECURE; THAT THE WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEB SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QDT OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY OF ANY KIND. QDT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEB SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN STATES, THE LAW MAY NOT PERMIT ALL OR A PORTION OF THE DISCLAIMER OF WARRANTIES ABOVE, SO ALL OR A PORTION OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER QDT NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OR LOST PROFITS RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS WEB SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS WEB SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Macmillan Holdings, LLC, and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from any violation or breach of these Terms of Use. If you cause a technical disruption of the Web site or the site it is hosted on, or the systems transmitting the Web site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

Links

This Web site may contain links to other Web sites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites.

Jurisdiction

Macmillan Holdings, LLC, is organized under the laws of the State of New York in the United States of America, and this Web site is operated in the United States. The laws of the State of New York, without reference to the principles of conflicts of law thereof, govern these Terms of Use and your use of the Web site, and you irrevocably consent to the jurisdiction of the courts located in the City and State of New York for any action to enforce these Terms of Use. We recognize that it is possible for you to obtain access to this Web site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Web site has been designed to comply with the laws of the State of New York and of the United States. If any material on this Web site, or your use of the Web site, is contrary to the laws of the place where you are when you access it, the Web site is not intended for you, and we ask you not to use the Web site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. In the event of any legal action arising from or relating to these Terms of Use or your use of this Web site, you hereby waive the right to a jury trial.

Changes to These Terms of Use

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Web site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this Web site following the posting of changes to these terms or other policies means you accept the changes.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Use constitute the entire agreement and understanding between you and QDT with respect to use of this Web site and the contents thereof, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

If you have any questions or comments about these Terms of Use or this Web site, please click contact@quickanddirtytips.com or write to us at:

Quick and Dirty Tips, a division of
Macmillan Holdings, LLC
175 Fifth Avenue
New York, NY 10010
Attention: Legal Department

Thank you for visiting our Web site.

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