Read This Terms of Use Agreement Before Accessing Website.

 
Effective Date:  This Terms of Use Agreement was last updated on 9/22/07.

This Terms of Use Agreement sets forth the standards of use of the MudSoup.com Online Service. By using the MudSoup.com website, the discussion forum at http://www.mudsoup.com/cafe or the chat room at http://mudsoup.com/cafe/index.php?action=chat you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. 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 the MudSoup.com website.  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, this Agreement may not be amended.

1.      Description of Service

MudSoup.com and its owner are providing Member with entertainment, informational services, discussions forums, chat room service and classified advertising services.  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. 

2.      Disclaimer of Warranties.

The site is provided by MudSoup.com and its owner on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, MudSoup.com and its owner make 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. MudSoup.com and its owner shall have no liability for any interruptions in the use of this Website. MudSoup.com and its owner disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  In addition, members who buy items or sell items through the classified advertisement feature which is available to members of this website, do so at their own risk. Your use of the classified advertising feature on this website constitutes your agreement that you use the classified advertising services at your own risk and are that you are solely financially and legally responsible for any disputes, costs or litigation which may arise from said use.

3.      Limitation of Liability

MUDSOUP.COM AND ITS OWNER SHALL NOT be liable for any damages whatsoever, and in particular MUDSOUP.COM AND ITS OWNER 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 MUDSOUP.COM AND ITS OWNER have been advised of the possibility of such damages. 

4.      Indemnification

Member agrees to indemnify and hold MudSoup.com, its owner, 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.

5.      Modifications and Interruption to Service

MudSoup.com and its owner reserve the right to modify or discontinue the Service with or without notice to the Member. MudSoup.com and its owner shall not be liable to Member or any third party should MudSoup.com and its owner exercise its right to modify or discontinue the Service. Member acknowledges and accepts that MudSoup.com and its owner do 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.

6.      Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

7.      Disclaimer Regarding Accuracy of Classified Advertising Information

Product descriptions, item specifications and other information have been provided by the sellers of the items which are listed in the classified advertising section of this website.  While MudSoup.com and its owner make every effort to encourage buyers and sellers of items which are listed in the classified advertising section of this website to provide complete, accurate item descriptions and to conduct their transactions in a timely, honest manner, we can make no representations or warranties as to conduct of buyers or sellers, or the accuracy or reliability of any information provided by the by the buyers or sellers of items listed in the classified advertising section of this website or any portion of the MudSoup.com website..

MudSoup.com and its owner make no warranties or representations whatsoever with regard to any product or item provided or offered for sale by any seller or member of this website. MudSoup.com and its owner make no representations whatsoever with regard to the reliability or honesty of any buyer or seller who buys or sells items listed in the classified advertising section of this website, nor do we make representations whatsoever with regard to the reliability or honesty of any member of this website, and you acknowledge that any reliance on representations and warranties provided by any buyer, seller or member of this website shall be at your own risk.

8.      Governing Jurisdiction of the Courts of Alabama

Our website is operated and provided in the State of Alabama.  As such, we are subject to the laws of the State Alabama, 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 Alabama. 

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 ©2007 MudSoup.com, with all rights reserved, or is the property of its licensors 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 MudSoup.com  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 MudSoup.com.

All other trademarks displayed on MudSoup.com’s 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 MudSoup.com

11.  Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, MudSoup.com designates the following contact as its agent for receipt of notifications of claimed copyright infringement.

By Email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

12.  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 MudSoup.com 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 as described in our Privacy Policy Statement .