Letter of Credit Forum

LETTER OF CREDIT FORUM TERMS OF USE

1. ACCEPTANCE OF TERMS.

Letter of Credit Forum ("Letter of Credit Forum" or "We"), as referred to herein, shall include its owner(s), officers, employees, principals, agents, licensors, licensees, assigns, and successors. Letter of Credit Forum provides a collection of online resources, including forums, web pages, at www.LetterOfCreditForum.com (referred to hereafter as the "Site") to third parties ("You" or "you"). By using the Site, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, or incorporated by reference herein, including but not limited to the Privacy Policy, Program Policies and Legal Notices (collectively, the "Terms"). If you do not agree to the Terms, please discontinue use of the Site immediately. We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms at any time. Such modifications shall become effective immediately upon the posting thereof. You will be notified of any such modifications. The Terms, as amended, are available at http://www.LetterOfCreditForum.com/terms.html.

2. CONTENT.

You understand that all information, data, text, software, tools, photographs, graphics, video, messages or other materials (collectively, "Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person from which such content originated. Letter of Credit Forum reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or remove any content available via the Site for violating the Terms or on the grounds that such content is objectionable. Notwithstanding, Letter of Credit Forum is not an information content provider as that term is defined in the Communications Decency Act (47 U.S.C. §230) ("Act"), and Letter of Credit Forum is immune from any liability for Content on the Site pursuant to the Act. You understand that Letter of Credit Forum does not control, does not take part in creating or generating, and is not responsible for development of Content made available through the Site, and that by using the Site you may be exposed to Content that is offensive, indecent or objectionable, and that you are using Letter of Credit Forum at your own risk.

Furthermore, the Letter of Credit Forum site and Content available through the Site may contain links to other websites, which are completely independent of Letter of Credit Forum. Letter of Credit Forum makes no representations or warranties as to the accuracy, completeness or authenticity of the information contained in any such site. You are linking to any other websites is at your own risk. The terms of linking to third party material are more fully set forth in Section 16.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Letter of Credit Forum be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site.

You agree that you are responsible for your own conduct and any content that you create, transmit or display while using the Site and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper, and in accordance with the Terms and any applicable policies or guidelines. To report any activity or content that may violate the Terms, please email "Abuse/at/LetterOfCreditForum.com" so that Letter of Credit Forum may take reasonable action to remove such content. Letter of Credit Forum will make a commercially reasonable effort to respond, but does not guarantee that it will respond to or will take action in response to all such notifications, and therefore cannot be responsible for a failure to respond.

Users outside of the United States agree to comply with applicable laws regarding online conduct and acceptable content.

3. PROHIBITED CONTENT AND ACTIVITIES.

Letter of Credit Forum sets guidelines for what may appear on the Site, but exercises no control over the Content of the Site and is unable to police all such Content, and makes no representations about its ability to enforce such guidelines.

As part of Letter of Credit Forum's guidelines, please be advised that Letter of Credit Forum does not encourage or promote any posts or discussions concerning unlawful activities, fraud, or deception, including posts or discussions relating to fraudulent activities such as "Cookie Stuffing," "E-Whoring," "PVA" activities, or using classified ads in a deceptive manner.

In the overwhelming majority of instances, however, Letter of Credit Forum has no control whatsoever over the Content, due to the volume of the Content and because the Content is posted from people over whom Letter of Credit Forum exercises no control. As such, Letter of Credit Forum cannot and does not screen each post before such posts appear on the Site, and Letter of Credit Forum makes no guarantees, representations or warranties of any kind, expressed or implied, about the Content provided on the Site. Letter of Credit Forum assumes no responsibility for the Content of the Site, including the content of any posts included in the forums or otherwise linked to the Letter of Credit Forum site or in any web page linked to a third party within the Letter of Credit Forum site.

If you have reason to believe that any Content pertains to discussion of unlawful activities, please inform Letter of Credit Forum team members at "Abuse/at/LetterOfCreditForum.com" so that Letter of Credit Forum may take reasonable action to remove such content. Letter of Credit Forum will make a commercially reasonable effort to respond, but does not guarantee that it will respond to or will take action in response to all such notifications, and therefore cannot be responsible for a failure to respond.

The following are examples of content or activities that are prohibited on the Site:

3.1. Criminal, or tortious activity, including, but not limited offering credit card numbers for sale and spamming the site or its users;

3.2 Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

3.3 Activity that involves Selling Social Security Numbers or Identities, creating more than one account;

3.4 Engaging in, either directly or indirectly, or encouraging others to engage in, click fraud.

3.5 Advertising to, or solicitation of, any member to buy or sell any products or services through the unauthorized or impermissible use of the Site such as PM solicitation. (Note: If you have something you want to sell on this forum, post it in the “Best Deals” section);

3.6 Engaging in content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

3.7 Advertising any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited by U.S law.

4. INFRACTIONS AND BANS.

Although Letter of Credit Forum does not have the ability to police the Site, our administrators and moderators reserve the right, but do not have any obligation, to issue infractions or bans as they see fit.

5. POLICIES REGARDING COPYRIGHT AND TRADEMARKS.

It is our policy to respond to notices of alleged infringement that comply with the United States Digital Millennium Copyright Act ("DMCA") or other applicable law and to terminate the accounts of repeat infringers. Uploading any copyrighted material to this site without the express permission of the copyright holder is prohibited.

If you have a good faith belief that a copyright in your work has been infringed on the Site, or your intellectual property rights have been otherwise violated, please notify LetterOfCreditForum's agent for notice of claims of copyright or other intellectual property infringement at "Abuse/at/LetterOfCreditForum.com."

Please provide the following in your Notice:

a) Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site;

b) 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;

c) A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Any other information as may be required by the DMCA and applicable law.

Letter of Credit Forum is not responsible for and does not endorse or recommend the content of linked or unlinked third-party sites; third-party products, services, or offerings; sites framed within the Letter of Credit Forum Site; third-party sites provided as search results; or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms of use and privacy policies for such sites, and you should review the terms of use and privacy policies of all sites that you link to from our Site. Letter of Credit Forum does not endorse any product advertised on the Letter of Credit Forum Site.

Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation

6. PRIVACY POLICY.

For information about our data protection practices, please see our Privacy Policy at: http://www.LetterOfCreditForum.com/privacy.html. The terms of the Privacy Policy are incorporated by reference herein.

Your use of the Site signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Letter of Credit Forum may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process and applicable law; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party have been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Letter of Credit Forum, its users or the general public.

7. TERMINATION OF ACCOUNT.

You may discontinue your use of the Site at any time. You agree that Letter of Credit Forum may at any time and for any reason or no reason, including a period of account inactivity, terminate your access to the Site, terminate or amend the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to the Site, your account or any files or other content contained in your account. The terms of this Section 17 shall survive expiration or termination of the Terms.

8. PROPRIETARY RIGHTS.

Letter of Credit Forum does not claim any ownership rights in the text, files, images, works of authorship, applications, or other materials (collectively, "Third Party Content") that its users post. By posting Third Party Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant to Letter of Credit Forum an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Third Party Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third party Content to any public area of the Site, you automatically grant Letter of Credit Forum all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third Party Content on the Site by any party for any purpose.

9. RELEASE AND INDEMNITY.

By agreeing to the Terms, you hereby acknowledge, that "You", on behalf of yourself and any partners, members, operators, managers, affiliates, subsidiaries, predecessors, successors, assigns, admins, officers and the partners and affiliates of its partners, members, operators and managers (collectively, the "Releasors"), hereby irrevocably and unconditionally release and forever discharge LetterOfCreditForum.com, its affiliates, and its owner, a limited liability company, and each of their beneficiaries, trustees, owners, predecessors, successors, assigns, admins, agents, officers, directors, shareholders, employees, Site administrators, servicers, representatives, attorneys, and affiliates, and all persons acting by, through, under, or in concert with any of the aforesaid persons, or entities or persons (collectively, "Releasees"), from and against any and all liability, and from and against any and all causes of action, including any and all suits, covenants, contracts, agreements, debts, liens, obligations, liabilities, claims, demands, damages, judgments, executions, losses, orders, penalties, costs and expenses, including, without limitation, attorneys’ fees, of any kind or nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, liquidated or unliquidated, which any of the Releasors ever had or now have or hereafter may have, whether in law or in equity, based upon, or related to, whether directly or indirectly, to the Site or use thereof. Releasors further agree to defend, indemnify, and hold Releasees harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Releasors' violation of these Terms.

10. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1.    

YOUR USE OF LETTER OF CREDIT FORUM AND THE SERVICE IS AT YOUR SOLE RISK. LETTER OF CREDIT FORUM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LETTER OF CREDIT FORUM AND ITS OWNER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2.    

LETTER OF CREDIT FORUM AND ITS OWNER DO NOT WARRANT THAT (i) LETTER OF CREDIT FORUM SERVICES WILL MEET YOUR REQUIREMENTS, (ii) LETTER OF CREDIT FORUM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LETTER OF CREDIT FORUM SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH LETTER OF CREDIT FORUM SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3.    

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF LETTER OF CREDIT FORUM SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4.    

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LETTER OF CREDIT FORUM OR THROUGH OR FROM LETTER OF CREDIT FORUM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

5. THE EDITORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE. USE OF INFORMATION FROM THIS WEB SITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE EDITORS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEB SITE'S CONTENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEB SITE. THE EDITORS MAY PERIODICALLY ADD, CHANGE OR UPDATE THE INFORMATION AND DOCUMENTS ON THIS WEB SITE WITHOUT NOTICE, BUT DOES NOT UNDERTAKE TO DO SO.

IF YOU DO NOT UNDERSTAND OR AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE THIS SITE . BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF ITS PROVISIONS.

11. INTELLECTUAL PROPERTY

This Site is protected by our copyrights, trademark and/or service mark rights, trade secret rights, and other intellectual property laws. We own all such intellectual property. If you create derivative works of our product(s), despite the prohibition on doing so, you agree that we will own the intellectual property in those works.

As a free public service, the articles published are copyrighted by Nicolai Nielsen.

12. THIS SITE DOES NOT PROVIDE LEGAL ADVICE

The material on this site, is for informational purposes only. This material is not legal advice, which in all circumstances must be tailored to the specific facts of any problem. Persons accessing this site agree they will not act on the information they obtain to resolve any legal problem, but will seek professional legal advice.

13. NO LAWYER CLIENT RELATIONSHIP ARISES OUT OF USE OF THIS SITE

Use of this site does not create a lawyer-client relationship. Some of the authors on this site might be lawyers, in order to enter into an attorney-client relation with them, you need to obtain their consent. Do not send any information to anyone unless you first have obtained their consent to do so. Some of the authors are licensed to practice law, however, they do not intend that their contribution to this site be understood as a solicitation of clients from countries other than where they practice law. You agree that any claim against an author must be by action against the author brought in the jurisdiction - meaning the state, country, province or territory - in which that editor practices law.

14. OBTAINING PERMISSION TO COPY FROM THIS SITE

Nicolai Nielsen holds copyright in some of the materials. The documents may be used solely for personal, non-commercial, and informational purposes. The documents may not be modified. 

The following copyright notice and permission notice must appear in each document: "Copyright Nicolai Nielsen. All rights reserved." The documents available from this web site are protected by the copyright laws and international treaties.

Reproduction, copying, or redistribution of materials on this web site for commercial purposes is prohibited without the express written permission of Nicolai Nielsen. To obtain permission to copy portions of this site, please contact the author providing the following information:

the content you wish to use 

where and how it will be used (for example, a book cover, magazine article, a brochure) where and how copies will be distributed and to what audience 

your name, title, company, address, email address, and phone number. 

The General Editor will respond to your request as soon as possible.

15. GENERAL.

If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Content; Third Party Content, Sites, and Services; Termination of Account; Disclaimer of Warranties; Release and Indemnity; Jurisdiction; and Complete Agreement.

16. JURISDICTION . 

You expressly agree that exclusive jurisdiction for any dispute with Letter of Credit Forum, or in any way relating to your use of the Site, resides in the courts of Hamburg, Germany and you further agree and expressly consent to the exercise of personal jurisdiction in the these courts in connection with any such dispute including any claim involving Letter of Credit Forum or its owner(s), affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.

17. COMPLETE AGREEMENT.

Except as expressly may be provided in a particular "legal notice" on the Letter of Credit Forum Site, these Terms constitute the entire agreement between you and Letter of Credit Forum with respect to use of the Letter of Credit Forum Site and Content.