AreUN, Inc.
pronounced
"Are you in?®"
or ("AREYOUIN.COM")
welcomes you
to its
Community
Driven
Marketplace™.
"Are you
in?"
provides you
its Terms of
Use as an
Agreement
between you,
the user,
and
AREYOUIN.COM.
You must
agree to be
bound by the
terms and
conditions
presented
herein as a
condition
precedent to
using any of
the tools or
services
provided to
you via the
AREYOUIN.COM
web
location.
By
using any
tool or
service
presented by
this site or
viewing any
element of
content
present on
this site,
you signify
your
acceptance
to each term
and
condition of
this Terms
of Service.
Your taking
part in any
AREYOUIN.COM
program is
your express
indication
to
AREYOUIN.COM
that you
have read
the latest
version of
this
Agreement
and agree to
be bound by
the terms
and
conditions
contained
herewith.
These Terms
of Service
may be
modified at
any time
without
notice to
you.
Consequentially,
you agree to
be bound by
any
modifications
that take
place within
the body of
this
Agreement,
and you
agree to
read this
Terms of
Service each
time that
you visit
the
AREYOUIN.COM
site, or use
any tool or
service
provided to
you by
AREYOUIN.COM
or engage in
any program
offered to
you by
AREYOUIN.COM.
 Rules of
Behavior
AREYOUIN.COM
reserves the
right to
post user
and or
membership
rules or
guidelines
at any time.
Any such
list of
rules or
guidelines
should be
considered
by you to be
incorporated
by reference
into the
body of this
Agreement as
if fully set
forth
herein. Any
violation of
any of the
rules or
guidelines
that may be
posted in
the future,
including
any
modifications
of such
rules or
guidelines,
will be
considered a
violation of
this
Agreement.
You may
never engage
in any of
the
following
activities:
• Violation
of any law,
whether
civil,
criminal, or
regulatory
in nature,
regarding
your usage
of this
site.
•
Engage in
sending
unsolicited
email
(“Spam”) or
posting
“Spam” on
any public
or private
Internet
based forum
or other
communication
system.
•
Post or
distribute
via this
site any
content that
is harmful,
offensive,
indecent,
obscene,
“hateful,”
intolerant,
harassing in
nature,
“cyber-stalking”
in nature,
defamatory,
false,
fraudulent
or
misleading.
• Engage in
any action,
indirectly
or directly,
that is
harmful to
the
AREYOUIN.COM
web site or
any function
thereof.
Intellectual
Property
The
contents of
the
AREYOUIN.COM
website are
protected by
United
States
copyright
law and
trademark
law, the
laws of the
State of
California,
and various
international
treaties and
agreements.
United
States
copyright
law and
patent law
may protect
various
software,
programming
and scripts
in use by
AREYOUIN.COM.
Text,
graphics,
appearance,
visual
elements,
design,
concepts,
business
models,
operational
models,
databases,
collections
of links,
hyper text
markup
language
(HTML) code,
scripts and
all products
sold and
services
offered are
protected by
United
States and
International
Copyright
Laws and
Treaties,
and may not
be copied,
published,
reengineered,
decompiled,
translated,
mirrored,
hosted, or
otherwise
distributed
by any means
without
explicit
written
permission
of
AREYOUIN.COM.
Trademarks
appearing on
this site
are
protected by
law and you
cannot use
any such
trademarks
in any
fashion
without the
express
written
permission
of the
trademark
owner.
Your
“right” to
use the
AREYOUIN.COM
site, and
any tools,
services or
memberships
offered is
subject to
termination
by
AREYOUIN.COM
at any time,
for any
reason,
without
notice to
you.
Liability
The
services,
tools, and
programs
offered by
AREYOUIN.COM
are provided
on a "as is"
basis, and
without
warranties
of any kind
either
express or
implied.
AREYOUIN.COM
hereby
disclaims
all
warranties,
express or
implied,
including,
but not
limited to,
implied
warranties
of
merchantability
and fitness
for a
particular
purpose.
AREYOUIN.COM
does not
warrant that
any material
or function
presented on
this site
will be
uninterrupted
or
error-free,
that defects
will be
corrected,
or that this
site or the
server that
makes it
available
are free of
viruses or
other
harmful
elements.
AREYOUIN.COM
does not
offer a
warranty or
make any
representations
regarding
the results
of the use
of the
materials in
this site in
terms of
their
correctness,
accuracy,
reliability,
risk of
injury to
your
computer or
commercial
advantage to
you. No
promises of
any earnings
or
commercial
gain are
made to you
in any way.
Applicable
law may not
allow the
exclusion of
implied
warranties,
so such
exclusions
may not
apply to
you.
Under
no
circumstances,
including,
but not
limited to,
negligence,
shall
AREYOUIN.COM
be liable
for any
special or
consequential
damages that
result from
the use of,
or the
inability to
use, the
tools or
services
offered to
you via this
site, even
if you have
advised
AREYOUIN.COM
of the
possibility
of such
damages.
Applicable
law may not
allow the
limitation
or exclusion
of liability
or
incidental
or
consequential
damages, so
the above
limitation
or exclusion
may not
apply to
you. In no
event shall
AREYOUIN.COM’s
total
liability to
you for all
damages,
losses, and
causes of
action
(whether in
contract,
tort, or any
other legal
theory,
including
but not
limited to,
negligence
or
otherwise)
exceed the
amount of
One Hundred
Dollars
($100) USD.
You agree to
hold
AREYOUIN.COM,
its
employees,
directors,
officers,
investors,
partners,
affiliates
and
advertisers
harmless and
defend from
any civil
claim of any
nature
regarding
your usage
of any of
the tools or
services
provided via
this site,
or any of
the programs
or
memberships
offered by
this site.
Confidentiality
of Codes,
Passwords
and
Information
You agree to
treat as
strictly
private and
confidential
any user ID
and related
password
which you
may have
received
required for
entry to any
AREYOUIN.COM
tool or
service and
all
information
to which you
have access
through
password-protected
areas and
will not
cause or
permit any
such
information
to be
communicated,
copied or
otherwise
divulged to
any other
person
whatsoever.
You are
solely
responsible
for the
security of
your
password.
Any loss
that you
sustain due
to a lack of
security on
your part
regarding
your codes
or passwords
is you sole
loss to
sustain.
Cancellation
of Programs,
Tools, and
Services
AREYOUIN.COM
may cancel
or
discontinue
any or all
of our
programs,
tools, or
services at
any time
without
notice to
you.
Jurisdiction/Arbitration
This
Agreement
will be
governed by
and
construed in
accordance
with the
internal
laws of the
State of
California,
excluding
that body of
laws known
as choice of
law or
conflict of
laws.
Subject to
the
provisions
of this
Section, all
disputes,
controversies
or claims
(except
civil wrongs
or criminal
acts,
intentional
or
otherwise,
committed by
you) arising
out of or
relating to
this
Agreement
will be
resolved
through
mandatory
binding
arbitration
conducted in
Los Angeles,
California,
before
J.A.M.S./ENDISPUTE
or its
successor
("JAMS")
pursuant to
the United
States
Arbitration
Act, 9 U.S.C.
Section 1,
et seq. (the
"Act"); and
(iii) this
Agreement.
The
arbitration
will be
conducted in
accordance
with the
provisions
of
J.A.M.S.'s
Streamlined
Arbitration
Rules and
Procedures
in effect at
the time of
filing of
the demand
for
arbitration
(the "JAMS
Rules"),
subject to
the
provisions
of this
Section. The
terms set
forth in
this
Agreement
will control
in the event
of any
inconsistency
between such
terms and
the JAMS
Rules. The
parties will
cooperate
with JAMS
and with
each other
in promptly
selecting a
single
arbitrator
from JAMS's
panel of
neutrals. If
the parties
fail to so
select an
arbitrator
within
thirty (30)
days
following
the date of
either
party's
notice of
demand to
conduct
arbitration,
then JAMS
will appoint
an
arbitrator
in
accordance
with the
JAMS Rules.
The award of
the
arbitrator
will be in
writing and
will set
forth
findings of
fact and
conclusions
of law.
Judgment on
the
arbitrator's
award will
be final and
binding upon
the parties
and may be
entered in
any court
having
jurisdiction
thereof. If
for any
reason JAMS
or its
successor no
longer is in
business,
then the
arbitration
shall be
conducted in
accordance
with the
commercial
arbitration
rules of the
American
Arbitration
Association.
The
arbitrator's
fees will be
shared
equally by
the parties
and each
party will
bear its own
costs and
attorneys'
fees. All
papers,
documents,
or evidence,
whether
written or
oral, filed
with or
presented in
connection
with the
arbitration
proceeding
will be
deemed by
the parties
and by the
arbitrator
to be
confidential
information
of both
parties. The
arbitrator
chosen in
accordance
with these
provisions
will not
have the
power to
alter, amend
or otherwise
affect the
terms of
these
arbitration
provisions
or the
provisions
of this
Agreement.
Notwithstanding
the
foregoing,
nothing in
this Section
shall
prevent
either party
from
applying for
and
obtaining
from a court
a temporary
restraining
order and/or
other
injunctive
relief.
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