Please read the following before accessing our Website
This Terms of Use Agreement was last updated on April 8, 2006.
By using the fromdoppler.com website ("Service"), a service of Common Sense
LLC, you agree to be bound by the following terms and conditions of this agreement.
We reserve the right, at any time, to modify, alter, or update the terms and conditions
of this agreement without prior notice. Modifications shall become effective immediately
upon being posted on www.fromdoppler.com. Your continued use of the Service after
amendments are posted constitutes an acknowledgement and acceptance of the Agreement
and its modifications. Except as provided in this paragraph, the Agreement may not
be amended.
1. Description of Service
Common Sense LLC is providing Member with Free Trial, Fees and Payment. Member must
provide (1) all equipment necessary for their own Internet connection, including
computer and modem and (2) provide for Member's access to the Internet, and (3)
pay any fees relate with such connection.
1.1 The Services are provided subject to this Agreement, as it
may be amended by Common Sense LLC , and any guidelines, rules or operating policies
that Common Sense may establish and post from time to time (the "Agreement"),
including without limitation Common Sense email privacy Policyas linked from all
email generated from Common Sense or otherwise furnished to you (the "Policy")
(unless otherwise stated, all references to the Agreement shall include the Policy).
By posting updated versions of the Agreement on the Fromdoplper.com website, or
otherwise providing notice to you, Common Sense may modify the terms of the Agreement
and may discontinue or revise any or all other aspects of the Services in its sole
discretion. All such changes shall become effective upon posting of the revised
Agreement on the Service or at Doppler's website.
1.2 The Services are available only to persons who can form legally
binding contracts under applicable law. Without limiting the foregoing, the Services
are not available to individuals under the age of 18. If you do not qualify, you
are not permitted to use the Services.
1.3 You must complete the registration form on the Sign Up page
in order to use the Services. You will provide true, accurate, current, and complete
information about yourself as requested in the registration form. You are responsible
for maintaining the security of your account, passwords, and fi
2. Free trial, Fees and Payment
2.1 Once you have completed your free trial ...
2.2 Fees will be billed monthly or your pre-paid account will be
debited monthly for Services. The Fees are based on the highest number of subscribers
in your account at any time during the previous month. If selected by you, you will
also be billed for premium image hosting services. You are responsible for reviewing
the Fee Schedule from time to time and remaining aware of the Fees charged by Doppler.
The Fee Schedule, including subscriber levels and prices, is subject to change at
any time in Dopler's discretion. Doppler will attempt to notify you via email prior
to the effectiveness of any change to the Fee Schedule.
2.3 Payment for Services will be made by a valid credit card accepted
by Common Sense. Fees are payable in US dollars. If the monthly payment option is
selected or if you have previously provided your credit card for payment, you hereby
authorize Common Sense to charge your credit card for such amounts on a regular
monthly. . If Common Sense Contact is for any reason unable to effect automatic
payment via your credit card, Common Sense will attempt to notify you via email
and your Common Sense Contact account will be disabled until payment is received.
Amounts paid for the Services are not refundable.
2.4 You acknowledge and agree that you are responsible for paying
Fees for all email messages sent through Doppler, regardless of whether delivery
of such messages to their intended recipients is prevented or blocked by any third
party.
3. Disclaimer of Warranties.
The site is provided by Common Sense LLC on an "as is" and on an "as
available" basis. To the fullest extent permitted by applicable law, Common
Sense LLC makes no representations or warranties of any kind, express or implied,
regarding the use or the results of this web site in terms of its correctness, accuracy,
reliability, or otherwise. Common Sense LLC shall have no liability for any interruptions
in the use of this Website. Common Sense LLC disclaims all warranties with regard
to the information provided, including the implied warranties of merchantability
and fitness for a particular purpose, and non-infringement. Some jurisdictions do
not allow the exclusion of implied warranties, therefore the above-referenced exclusion
is inapplicable.
4. Limitation of Liability.
Comon sense llc shall not be liable for any damages whatsoever, and in particular
common sense llc shall not be liable for any special, indirect, consequential, or
incidental damages, or damages for lost profits, loss of revenue, or loss of use,
arising out of or related to this web site or the information contained in it, whether
such damages arise in contract, negligence, tort, under statute, in equity, at law,
or otherwise, even if common sense llc has been advised of the possibility of such
damages. Some jurisdictions do not allow for the limitation or exclusion of liability
for incidental or consequential damages, therefore some of the above limitations
is inapplicable.
5. Indemnification
Member agrees to indemnify and hold Common Sense LLC its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand, including
reasonable attorneys' fees and costs, made by any third party due to or arising
out of Member's use of the Service, the violation of this Agreement, or infringement
by Member, or other user of the Service using Member's computer, of any intellectual
property or any other right of any person or entity.
6. Members Account
All Members of the Service shall receive a password and an account. Members are
entirely responsible for any and all activities which occur under their account
whether authorized or not authorized. Member agrees to notify Common Sense LLC of
any unauthorized use of Member's account or any other breach of security known or
should be known to the Member. Member's right to use the Service is personal to
the Member. Member agrees not to resell or make any commercial use of the Service
without the express written consent of Common Sense.
7. Modification and Interruption to Service
Common Sense LLC reserves the right to modify or discontinue the Service with or
without notice to the Member. Common Sense LLC shall not be liable to Member or
any third party should Common Sense LLC exercise its right to modify or discontinue
the Service. Member acknowledges and accepts that Common Sense LLC does not guarantee
continuous, uninterrupted or secure access to our website and operation of our website
may be interfered with or adversely affected by numerous factors or circumstances
outside of our control.
8. Governing Jurisdiction
Our website is operated and provided in the State of Texas. As such, we are subject
to the laws of the State Texas, and such laws will govern this Terms of Use, without
giving effect to any choice of law rules. We make no representation that our website
or other services are appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to do so subject to the
internal laws of the State Texas].
9. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2006 Fromdoppler.com,
will all rights reserved, or is the property of Common Sense LLC and/or third parties
protected by intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission of an authorized
officer of Common Sense LLC is strictly prohibited. Members agree that they will
not use any robot, spider, or other automatic device, or manual process to monitor
or copy our web pages or the content contained therein without prior written permission
of an authorized officer of Common Sense LLC.
Common Sense LLC and www.getcs.com are proprietary marks of www.fromdoppler.com
trademarks and may not be used in connection with any product or service that is
not provided by Common Sense, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Common Sense.
All other trademarks displayed on www.fromdoppler.com website are the trademarks
of their respective owners, and constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use of trademarks or links to the web sites
of Vendors is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with Common Sense LLC.
11. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other agreements referenced
herein may be assigned by Common Sense, in our sole discretion, to a third party
in the event of a merger or acquisition. This Terms of Use Agreement shall apply
in addition to, and shall not be superseded by, any other written agreement between
us in relation to your participation as a Member. Member agrees that by accepting
this Terms of Use Agreement, Member is consenting to the use and disclosure of their
personally identifiable information and other practices described in our Privacy
Policy Statement Texas.