No1in.US TERMS OF USE AND SERVICE
INTRODUCTION
Welcome to No1in.US ! No1in.US provides its services to Users subject
to the following terms of use and service (the "TOS").
DEFINITIONS
The following definitions apply to the TOS.
The terms "User" means any person or entity that (a) downloads,
attempts to download or otherwise utilizes any uniform resource locator
("URL") that resides entirely upon a server owned or operated by
No1in.US; (b) Transmits electronic mail, files or other data transmission,
information or other matter onto any network owned or operated by No1in.US
or onto the Site (whether via private Transmission or public upload posting);
(c) is linked to a URL resource owned or operated by No1in.US ; and (d)
contacts, accesses or views No1in.US or the Site, whether through the use of
any telecommunications network or otherwise. The term User includes a
Subscriber.
The term "Subscriber" means a User who pays a fee (determined from
time to time by No1in.US in it's sole discretion) and is granted access to
certain areas of the Site only after successfully completing login protocols
established from time to time by No1in.US , including without limitation,
through the use of an approved User name and password.
The term "Content" means all data, text, software, music, sound,
photographs, graphics, video, messages or other information or materials of any
kind.
The term "Services" means all resources (including Content) provided
via or available on the Site at any time, including without limitation, and by
way of example only, a User's ability to (i) access or view Content, and to
login into the Site as a Subscriber and create or change such Subscriber's
Registration Data (defined below); (ii) communicate with the Site and other
Users via the Site (including without limitation the ability to download or
upload Content or other information or material, post messages and participate
in groups or forums); and (iii) shop or utilize other available services,
including authorizing charges to such User's credit or debit card, checking
account or telephone invoice in order to make purchases or pay subscription fees
related to the Site.
The term "Site" means the website www.No1in.US .
The term "No1in.US " is an assumed business name of SG Services,
Inc., an Oregon corporation. Without limiting the foregoing, for the purposes of
the TOS, No1in.US means SG Services, Inc., an Oregon corporation.
The term "Transmit" or "Transmission" means when a User uploads,
posts, e-mails, transmits or otherwise makes available (directly or indirectly,
by act or omission) or communicates any Content or other information or material
to the Site, or through such means utilizes a Service available on or through
the Site.
ACCEPTANCE OF TERMS
The Services and Content are provided to each User subject to the TOS, which
may be revised, changed, altered or updated from time to time without notice by
No1in.US , in No1in.US ' sole discretion. The most current version of the
TOS will always be located and displayed on the Site. The TOS also includes any
other guidelines, rules or notices posted elsewhere on the Site, including,
without limitation and by way of example only, information included in the part
of the Site called "THE FAQ", "Hookup" or "Groups". When a User accesses or uses
any part of the Site, such User agrees to the terms and conditions of the
TOS.
AGE AND LEGAL ACCESS CERTIFICATION
By accessing or using the Site, the User certifies that User is eighteen (18)
years of age or older (21 years of age in certain locales) (and in any event,
User is at least the age of consent (or older) in the jurisdiction from which
the Site is being viewed or accessed); that User is familiar with the laws in
User's area affecting User's legal right to access the Site or to access erotica
or adult-oriented materials; that User has the legal right to such materials and
that No1in.US has the legal right to display or make such materials
available to the User; that the User is requesting such materials for the User's
own private enjoyment; and, that the User will not, by action or inaction,
directly or indirectly, share such materials with or make such materials
available to a minor in any manner whatsoever.
REGISTRATION OBLIGATIONS AND SECURITY
In consideration of User's access to or use of the Site (whether as a
Subscriber, guest or otherwise), the User agrees to: (a) provide true, accurate,
current and complete information about the User as prompted by the No1in.US '
registration and profile date forms, or any other questionnaire or information
input format, which requests information from or about User, and (b) maintain
and promptly update such information to keep it true, accurate, current and
complete (collectively, such information is sometimes referred to as the
"Registration Data"). Without limiting any other matter contained herein, a
User's access to or use of the Site may be suspended or terminated (without cost
to No1in.US and without obligation for reimbursement of any fees previously
paid by a Subscriber to No1in.US ) for such User's failure to provide or
maintain true, accurate, current and complete Registration Data as provided in
the TOS.
Each Subscriber is responsible for maintaining the confidentiality of any
Subscriber login user name and password (or other identifying information). Each
Subscriber is solely responsible for all activities that occur under the
Subscriber's login user name or password, and neither the login user name nor
password may be assigned or transferred to any other person or entity,
voluntarily or involuntarily, by operation of law or otherwise, without the
express prior written consent of No1in.US , which consent may be withheld in
No1in.US ' sole discretion. Each Subscriber agrees immediately to notify
No1in.US of any unauthorized use of such Subscriber's name or password, and
each User agrees immediately to notify No1in.US of any unauthorized use any
other breach of security with respect to the Site known by such User.
CONDUCT
User acknowledges and understands that all Content a User Transmits to the
Site, whether publicly posted on the Site or privately Transmitted onto or via
the Site, is not reviewed or pre-screened by No1in.US and is the sole
responsibility of such User from whom such Content originates or is uploaded.
This means that the User, and not No1in.US , is responsible for all Content
that the User Transmits onto or via the Site, whether or not displayed
ultimately on the Site. Therefore, No1in.US does not guarantee the accuracy,
integrity or quality of Content Transmitted to the Site by a User, nor does
No1in.US make any representation or other warranty with respect to such
Content. Without limitation, and by way of example only, Users may email to the
Site calendar events. No1in.US does not regularly, and may not ever, review
the accuracy or consistency of such calendar events.
User understands and acknowledges that by viewing, using or accessing the
Site, the User may be exposed to Content that may be considered or deemed
offensive, indecent or objectionable.
User agrees to NOT use the Site to:
- Transmit any Content that is unlawful, harmful, threatening, abusive,
pornographic, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful or racially, ethnically or otherwise
objectionable;
- harm minors or any person in any way;
- impersonate any person or entity, or falsely state or otherwise
misrepresent User's affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Site;
- Transmit any Content that User does not have a right to Transmit, whether
or not under any law, rule or regulation, or under contractual or fiduciary
relationships;
- Transmit any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
- Transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any
other form of solicitation;
- Transmit any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
- interfere with or disrupt the Site or No1in.US or servers or networks
connected to the Site or No1in.US , or disobey any requirements,
procedures, policies or regulations of networks connected to the Site or
No1in.US , or violate any terms contained in the TOS;
- "stalk" or otherwise harass another; or
- collect or store personal data about Users other than User.
- download Content except as otherwise permitted under the TOS.
User acknowledges that (i) No1in.US or its designee has the right (but
not the obligation) in its sole discretion to refuse, move or delete any Content
that is Transmitted onto or made available via the Site, and (ii) that a User's
Transmission of Content to the Site or No1in.US does not imply any promise
or covenant on behalf of No1in.US that such Content will be displayed, nor
does it imply any promise or covenant (except with respect to information
submitted by a User necessary to process User authorized credit or debit card or
checking account payment transactions (which will be handled by No1in.US in
accordance with the security provisions contained in the Privacy Policy below))
that such Content will not be displayed or made publicly available on the Site
or intercepted or read by someone other than the intended recipient.
Under no circumstances will No1in.US be liable or responsible in any
manner for any Content that No1in.US posts to the Site, including without
limitation, any errors or omissions in any Content, or for any loss or damage of
any kind incurred as a result of the use of or reliance upon any such Content.
User agrees that User must evaluate, and bear all risks associated with the use
of or access to any Content, including Content posted to the Site by
No1in.US .
User acknowledges and agrees that No1in.US may preserve Content and may
also disclose Content (including without limitation, Registration Data) if
required to do so by law or if No1in.US believes that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property or personal safety of the
Site or No1in.US , its Users or the public.
User understands that the technical processing and Transmission of the
Services or Content, may involve (a) transmission over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks or
devices.
User agrees not to (and User agrees User has no right to) reproduce,
duplicate, copy, sell, resell or exploit for any purposes, any portion of the
Site (including, without limitation, the Services or Content contained on the
Site).
INTERNATIONAL USE
User agrees to comply with all local rules regarding online conduct and
acceptable Content. Specifically, User agrees to comply with applicable laws
regarding the transmission of technical data exported from the United States or
the country in which the User resides.
CONTENT SUBMISSIONS AND USE GUIDELINES
Except as otherwise provided by separate agreement between a User and
No1in.US , No1in.US does not claim ownership of Content Transmitted by a
User to the Site and displayed on the Site. In it sole discretion, No1in.US
may condition Site display of User Transmitted Content upon such User becoming a
Subscriber.
Notwithstanding the foregoing, a User who successfully Transmits Content to
the Site grants to No1in.US a perpetual, world-wide, royalty free,
non-exclusive, irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly
display any or all Content so Transmitted and to incorporate such Content into
other works.
User represents and warrant that with respect to any Content User Transmits,
or causes to be Transmitted, to the Site, No1in.US has NOT hired, contracted
for, managed or otherwise arranged for the participation of any performers
depicted in such Content.
User acknowledges that No1in.US may establish general practices and
limits concerning use of the Site. Such practices and limits may include,
without limitation, the maximum number of days that message board postings or
other Transmitted Content will be retained by No1in.US on the Site, the
maximum number of messages that may be Transmitted on the Site, the maximum size
of any message that may be Transmitted on the Site, the maximum disk space that
will be allotted on the Site's servers on a User's behalf and the maximum number
of times (and the maximum duration for which) a User may access the Site in a
given period of time. User agrees that No1in.US has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained on, Transmitted to or downloaded from
the Site. Without limiting any other matter contained herein, User further
acknowledges that No1in.US reserves the right to change these general
practices and limits at any time, in its sole discretion, and with or without
notice.
CUSTODIAN OF RECORDS
Without limiting any other matter contained herein, User represents and
warrants that with respect to any Content a User has produced and Transmits to
the Site which contains depictions of nudity or actual sexually explicit
conduct, all persons who appear therein were 18 (eighteen) years of age or older
at the time of the creation of such depictions. Further, such User represents
and warrants that with respect to the depictions described in the preceding
sentence, true, correct and complete records required by 18 USC Section 2257
have been obtained and will be maintained by User in compliance with such law
and will be provided to No1in.US promptly upon request by No1in.US .
With respect to visual depictions of actual sexually explicit conduct
produced by and posted on the Site by No1in.US (other than depictions
Transmitted by a User as described in the preceding sentence), records required
by 18 USC Section 2257 are kept by the custodian of records, S. Mooney, at SG
Services, Inc. The custodian can be reached electronically at
custodian@No1in.US or via mail at SG Services, Inc., 4470 Sunset Blvd
#555, Hollywood, CA 90027.
TRADEMARKS
No1in.US and the No1in.US logos are service marks and trademarks of
SG Services, Inc. (dba No1in.US ) and may be used publicly only with the
express prior written consent and permission of No1in.US . Other trademarks
and service marks featured on the Site are displayed pursuant to licenses
obtained from the owners or holders of those trademarks and service marks, and
may not be used publicly without the express prior written consent and
permission of the owners or holders of such trademarks and service marks.
COPYRIGHTS
Except for electronic messages, all Content and Services on the Site are
protected by federal copyright laws and are protected under treaty provisions
and worldwide copyright laws. Content contained in any part of the Site may not
be reproduced, copied, edited, published, transmitted, uploaded or downloaded in
any way without the prior written consent and permission of No1in.US .
No1in.US does not grant any express or implied right to any third party
(including without limitation Users), under any trademarks, service marks,
copyrights or other proprietary information or rights. ANY MATERIAL SUBMITTED TO NO1IN.US FOR CONSIDERATION OF PUBLICATION BECOMES THE PROPERTY OF NO1IN.US AND THE AUTHOR / OWNER GRANTS TO NO1IN.US A NON-EXCLUSIVE RIGHT OF USE OF THE MATERIALS SUBMITTED, WITHOUT RESERVATION OF ANY KIND OR NATURE. IF YOU DO NOT HAVE COPYRIGHT AUTHORITY OR ARE UNWILLING TO GRANT USE OF MATERIAL TO NO1IN.US, PLEASE DO NOT SUBMIT THE MATERIAL TO NO1IN.US!
LIMITED LICENSE AND ACCEPTABLE USE
No1in.US provides the Content and Services on the Site for the personal,
non-commercial use by viewers, fans, visitors, Users, Subscribers or potential
Subscribers of No1in.US . Users of the Site are granted a single, personal,
non-transferable license to download (on a single computer only) one copy of any
of the Content found on the Site made available for downloading for personal,
non-commercial use only. No1in.US reserves the right to limit the amount of
Content downloaded. Commercial use or exploitation of the Content on the Site,
or any portion thereof, is strictly prohibited. In addition, Users of the Site
may not: (1) modify any of the Content found in any area of the Site; (2) use
any of the Content found in any area of the Site for any public display,
performance, sale or rental; (3) remove, modify or alter any copyright or other
proprietary notice or trademarks from any of the Content found in any area of
the Site; (4) otherwise Transmit any Content located in any area of the Site to
any other person or entity, including posting to newsgroups or public forums;
(5) rent, lease, loan, sell, distribute or create derivative works based on the
Content or any portion thereof posted on the Site, or the software or techniques
used in connection with the Site; or (6) modify the software and techniques used
in connection with the Site. No1in.US reserves the right to terminate this
license at any time if a User breaches or violates any provision of the TOS, in
which case such User will be obligated to immediately destroy any Content
information or materials User has downloaded or otherwise copied from the
Site.
No1in.US reserves all other rights coincident or related to the Site. The
use of download managers, for example Gozilla, Wget, HTTrack, or others - to
download more than one (1) image or movie file at a time, which is available for
download, is strictly prohibited and will result in termination of a Users right
to access any portion of the Site .
DISCLAIMER
SITE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE"
BASIS. No1in.US EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE.
No1in.US OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR-FREE CONTENT OR
SERVICE, CONTINUED OPERATION OF THE SITE OR PROTECTION FROM DELETION,
MISDELIVERY OR FAILURE TO STORE INFORMATION, INCLUDING USER COMMUNICATIONS AND
PERSONALIZATION SETTINGS. No1in.US DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE CONTENT OR SERVICES CONTAINED ON THE SITE. No1in.US MAY
CHANGE ANY OF THE CONTENT OR INFORMATION DISPLAYED OR LOCATED OR FOUND AT THE
SITE AT ANY TIME WITHOUT NOTICE. No1in.US MAKES NO COMMITMENT TO UPDATE THE
CONTENT OR INFORMATION FOUND AT OR DISPLAYED OR LOCATED OR FOUND ON THE SITE. IN
NO EVENT SHALL No1in.US BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ITS CONTENT
OR SERVICES, EVEN IF No1in.US HAS BEEN ADVISED OF SUCH DAMAGES. BECAUSE SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO A
USER.
TERMINATION AND ACCESS RESTRICTION
No1in.US reserves the right, in its sole discretion and without notice to
User, to terminate a User's access to the Site (or any portion thereof) and to
remove from the Site and discard any Content (including without limitation
Content a User Transmits to the Site). No1in.US may also terminate or
suspend a User's access to the Site for inactivity, which is defined as failing
to log into a particular service for an extended period of time, as determined
by No1in.US , in it sole discretion. In the event of the suspension or
termination of a User's access to the Site (or any portion thereof), User's
right to use the Site (or any portion of which User access has been terminated)
and to access any Content or Services contained thereon will immediately cease.
Any such termination or suspension may be implemented without notice to
User.
NO SPAM
No1in.US may, in its discretion, terminate Site access of any User that
No1in.US believes, in its sole discretion, is Transmitting or is otherwise
connected with any spam or unsolicited bulk e-mail. In the event a User's access
is terminated for the reason described in the preceding sentence, and because
damages are often difficult to quantify in such circumstances, if actual damages
cannot be reasonably calculated, then User agrees to pay No1in.US liquidated
damages equal to $5 for each piece of spam or unsolicited bulk e-mail
Transmitted from or otherwise connected with such User's access to or use of the
Site; otherwise, User agrees to pay No1in.US actual damages, to the extent
such actual damages can be reasonably calculated. A printed version of the TOS
and any notice given in electronic form shall be admissible in judicial or
administrative proceedings to the same extent as other business documents and
records originally generated and maintained in printed form.
LINKS TO THIRD-PARTY SITES
The Site may contain links to sites that are controlled by third parties.
Those linked sites are not controlled by No1in.US and User acknowledges that
No1in.US is not responsible for the content of any such linked site or any
link contained in a linked site. No1in.US provides such links only as a
convenience, and the inclusion of any link does not imply endorsement by
No1in.US of any linked site.
JURISDICTION AND VENUE
This Site is owned and operated by No1in.US doing business in Carson City,
Nevada. No1in.US make no representation that any of the Content or
Services available on the Site is appropriate or available for use in other
locations. The TOS is governed and construed by Nevada law, without regard
to conflicts of law provisions. In the event of a dispute arising out of or
relating to the TOS, the Content of the site or a User's use of or access to the Site, any suit must be brought in state or federal court closest to Orange County Florida or Carson City, Nevada, at the sole discretion of No1in.US If there is a conflict of laws, the current Statutes of the State of Nevada shall be used. User agrees to submit to the personal and exclusive jurisdiction of such courts located therein.
INDEMNIFICATION
Each User indemnifies and holds No1in.US , and its subsidiaries,
affiliates, officers, directors, shareholders, employees, agents, co-branders or
other partners, harmless from and against any and all demands, claims, losses or
damages, including reasonable attorneys' fees at trial and on appeal, related to
or arising out of such User's (i) Transmission of Content to or through the Site
(and whether or not such Content displayed or made available on the Site), at
any time, (ii) use of or access to the Site, (iii) connection to the Site, (iv)
breach of any representation, covenant or warranty contained in the TOS, or (v)
violation of any rights of another.
NOTICES
Notices by No1in.US to Users may be given by means of electronic messages
or by a general posting on the Site. Notices by Users to No1in.US must be
given by e-mail or regular mail, postage prepaid at the following address:
No1in.US PO Box 6051 Winter Park, FL 32793-6051 any question,
complaint or notice to No1in.US by means of e-mail must be sent to
help@No1in.US and are not accepted without prior written approval
PRIVACY POLICY
What kind of information does No1in.US collect?
No1in.US receives and stores information a User sends to us.
When a User becomes a Subscriber, No1in.US obtains and retains the
Registration Data.
When a User requests pages from the Site's server, the Site Web server
automatically collects some information about such User, including the User's
IP addresses.
No1in.US collects information regarding a User's use of the Site
through the use of cookies.
If a User sends the Site or No1in.US personal correspondence, such as
e-mails or letters, No1in.US may collect such information in a file
specific to that User. No1in.US may maintain a record or notes of
communications with a User regarding use of or access to the Site, and that
compilation of records or notes may include information No1in.US receives
from other sources.
All of the information listed in the preceding sentences of this paragraph
is sometimes referred to as "Customer Information".
Who sees a User's Customer Information?
No1in.US does not distribute, rent or sell Customer Information to
third parties, other than (i) with the User's consent (including, for example,
when a User Transmits for public display on the Site Customer Information, or
a portion thereof), (ii) as necessary to process User authorized credit or
debit card payment transactions, or (iii) as otherwise permitted by the
TOS.
How does No1in.US use Customer Information?
No1in.US uses Customer Information as necessary to process User
authorized credit or debit card payment transactions, to facilitate a User's
viewing of the Site and to communicate with the User. No1in.US also uses
Customer Information to compile broad demographic and Site usage information
about the Site Users, for its internal business use, but such compilations
generally do not contain anything that could be used to identify a User
personally. A User will not receive any e-mail from No1in.US unless the
User has requested it and a User can indicate at any time that the User does
not wish to receive e-mails information from No1in.US .
How secure is a User's Customer Information?
No1in.US takes reasonable precautions to maintain the security of
Customer Information. No1in.US provides Users with a secure web page
through which to submit billing information when the User becomes a Subscriber
or shops for merchandise sold on the Site. No1in.US maintains Customer
Information in a reasonably secure manner, including storing such Customer
Information behind firewalls.
However, No1in.US may buy other businesses or sell portions of its own
business, and Customer Information may be a transferred asset, subject to any
then existing Privacy Notice.
SERVICES FOR CUSTOMERS
No1in.US allows Subscribers to transmit data to various financial
networks and telecommunication networks for settlement. In order to enroll in
such services, the Subscriber must (i) be at least 18 years of age; (ii)
populate every field on every form presented to User with accurate data; (iii)
have a valid e-mail address; and (iv) agree to be bound by the TOS or any other
agreement governing User's use of the service or particular resource described
in the preceding sentence. User's failure to populate every field may result in
User's waiver of certain rights under the TOS or other applicable
agreements.
- Credit/Debit Card Authorization:
By submitting credit or debit card ("Bank Card") data to No1in.US , User
authorizes No1in.US in its sole discretion to submit financial
transactions to such User's issuing bank for settlement. User agrees that once
No1in.US has approved or declined the User's transaction, No1in.US has
fully performed under the terms of the TOS or other applicable agreements.
Each User who authorizes payment of a recurring charge (including without
limitation subscription fees payable by a Subscriber) by Bank Card agrees to
contact No1in.US in the event such User desires to cancel any such
recurring charge, all within ten (10) days prior to the next billing cycle.
Should User fail to contact No1in.US within such time frame, User agrees
to indemnify and hold No1in.US harmless from any losses or damages that
User suffers as a result of such recurring charge.
If a User believes that there is an error on User's Bank Card statement
arising from or related to a transaction authorized by User, including an
incorrect amount or unauthorized transaction reflected on User's Bank Card
statement or transaction summary, User agrees to contact No1in.US within
the time periods set below. Upon proper notification, No1in.US , in its
sole discretion, may issue a credit to User's Bank Card:
- United States Issued Bank Cards-- within 120 days of the transaction.
- International Issued Bank Cards-- within 180 days of the transaction.
- ACH Debit Authorization
By submitting a User's checking account data to No1in.US , User
authorizes No1in.US in its sole discretion to submit financial
transactions to such User's depository bank for settlement. User agrees that
once No1in.US has approved or declined the User's transaction,
No1in.US has fully performed under the terms of the TOS or other
applicable Agreement.
Each User who authorizes payment of a recurring charge (including without
limitation subscription fees payable by a Subscriber) by checking account
agrees to contact No1in.US in the event such User desires to cancel any
such recurring charge, all within ten (10) days prior to the next billing
cycle. Should User fail to contact No1in.US within such time frame, User
agrees to indemnify and hold No1in.US harmless from any losses or damages
that User suffers as a result of such recurring charge.
If a User believes that there is an error on User's checking account
statement arising from or related to a transaction authorized by User,
including an incorrect amount or unauthorized transaction reflected on User's
checking account statement or transaction summary, User agrees to contact
No1in.US within two (2) business days after learning of such error. Upon
proper notification, No1in.US , in its sole discretion, may issue a credit
to User's checking account.
MISCELLANEOUS
The TOS contains the entire understanding between the User and No1in.US
regarding the subject matter of the TOS, superseding all prior or
contemporaneous communications, agreements and understandings between the User
and No1in.US . The TOS is binding on and inures to the benefit of the
parties, their legal representatives, successors and assigns; provided, however,
that neither the TOS, nor any rights granted hereunder, may be assigned,
transferred, conveyed or encumbered by User without the prior written consent of
No1in.US , which consent may be withheld in No1in.US ' sole and arbitrary
discretion. If any provision or clause of the TOS, or any portion thereof, is
held by any court or other tribunal of competent jurisdiction to be illegal,
void or unenforceable in such jurisdiction, the remainder of such provisions
shall not thereby be affected and shall be given full effect, without regard to
the invalid portion. The TOS is neither intended to, nor shall it be construed
as creating, a joint venture, partnership or other form of business association
between No1in.US and any User. If any suit or action is filed by any party
to enforce the TOS or otherwise with respect to the subject matter of the TOS,
the prevailing party shall be entitled to recover reasonable attorney fees
incurred in preparation or in prosecution or defense of such suit or action as
fixed by the trial court, and if any appeal is taken from the decision of the
trial court, reasonable attorney fees as fixed by the appellate
court. As a condition of use, in the event of a legal action, venue shall be in a court of competent jurisdiction, located closest to Orange County Florida or Carson City, Nevada, at the sole discretion of No1in.US If there is a conflict of laws, the current Statutes of the State of Nevada shall be used. If you are unwilling to accept each and all of the terms enumerated, permission to access the site is denied and you are requested to immediately leave this web site.