Web Site Terms of Service

1. Agreement. Please read these Terms of Service (“TOS”) carefully before registering with or using topsalesmanagerblog.com (collectively referred to herein as the “Site”). These TOS are a binding agreement between all Site Servicers (“You”) and Antares Enterprises, Inc.  (“Antares Enterprises, Inc.”). By using this Site, You agree to be bound by these TOS. If You do not agree to be bound by these TOS, You may not access or Service the Site. Your Service of the Site will be subject to the most current version of these TOS at the time of such Service.
2. Exclusive to the Site. These TOS apply only to the Site. The Site is comprised of various Web pages accessible through Site servers. Some third party affiliated Web sites are linked to or embedded in the Site (“Linked Sites”). These Linked Sites have their own TOS, which Antares Enterprises, Inc.  does not control, and thus are not addressed by these TOS. Antares Enterprises, Inc.  cannot guarantee and assumes no responsibility for Linked Sites. Any link, frame or any other means to access any Linked Site provided by the Site or otherwise on a Antares Enterprises, Inc.  website does not constitute Antares Enterprises, Inc. ’s endorsement, recommendation or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.
3. Linked Sites. ANTARES ENTERPRISES, INC.  HAS NO CONTROL OVER LINKED SITES OR THE CONTENT OR SERVICES WITHIN THEM. ANTARES ENTERPRISES, INC.  CANNOT AND DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THE LINKED SITES, INCLUDING, WITHOUT LIMITATION OTHER LINKS, IS ACCURATE, LEGAL AND/OR INOFFENSIVE. ANTARES ENTERPRISES, INC.  HAS NO LIABILITY FOR LINKED SITES FAILURE TO PERFORM OR ANY ERRORS IN OR OMISSIONS REGARDING ANY INFORMATION WITHIN LINKED SITES. ANTARES ENTERPRISES, INC.  DOES NOT REPRESENT OR WARRANT THAT A LINKED SITE WILL NOT CONTAIN COMPUTER VIRServiceS OR OTHER HARMFUL CODE THAT COULD IMPACT YOUR COMPUTER OR OTHER WEB ACCESS DEVICE. ANTARES ENTERPRISES, INC.  DISCLAIMS ANY AND ALL LIABILITY FOR, OR IN CONNECTION WITH, ANY TRANSACTION OR ACTIVITY RELATED TO LINKED SITES. If You have a specific dispute or concern related to the content, product or services that needs to be addressed by a Linked Site, You should contact the Linked Site and not Antares Enterprises, Inc. .
4. Opinions. Articles, alerts, recommendations and other information provided on the Site may contain the opinion of the author. Such opinions are not factual in nature and may be incorrect. Antares Enterprises, Inc.  is not liable for such opinion or your Service of such information.
5. Servicer Provided Information. You agree not to falsify, misstate, exaggerate or misrepresent any data or information (“Information”) that You provide to Antares Enterprises, Inc.  by submitting Information through the Site. You further agree that all Information submitted through the Site by You becomes the property of Antares Enterprises, Inc. , and, subject to the terms of these TOS, You acknowledge that Antares Enterprises, Inc.  may Service and disclose all Information in any manner. You represent and warrant that You have ownership or authority to submit all Information submitted to the Site including all text, sound, images or other material. Information is submitted if it is provided by You to Antares Enterprises, Inc.  through the Site via email or any other electronic mechanism to Antares Enterprises, Inc. . You agree that Antares Enterprises, Inc.  is not responsible for any Information on the Site and that Antares Enterprises, Inc.  assumes no liability for the accuracy or completeness of such Information from You or third parties, even if reposted by Antares Enterprises, Inc. .
6. Acceptable Service. You may not Service the Site for anything other than a lawful and legitimate purpose. Regardless of the location from where the Site is Serviced or accessed, You agree to comply with all applicable U.S. and other laws, regulations, statutes and ordinances in connection with the Service of the Site. Examples of prohibited Services include, without limitation: (a) violation of any party’s proprietary, publicity, privacy or other right; (b) disclosure of a party’s confidential or proprietary information without proper authorization; (c) downloading or otherwise exporting programs or content from the site in violation of United States export laws and intellectual property laws; and (d) transmission, storage or knowing receipt of any obscene or pornographic material or engaging in any misleading, tortious, defamatory, libelous or offensive activity. In addition, You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, disrupt, attack, flood, spam or otherwise interfere in any way (collectively, “Interfere”) with the operation of the Site or related information systems. If You in any way Interfere with the Site’s operation, You agree to pay all damages incurred by Antares Enterprises, Inc.  or its licensors or providers, including any consequential damages, that result from the Interference. Your Inteference with the Site is a material breach of these TOS and relieves Antares Enterprises, Inc.  of any of its contractual or other legal obligations to You, including Antares Enterprises, Inc. ’s obligations (including its confidentiality obligations) under these TOS. Antares Enterprises, Inc.  will cooperate with the authorities in prosecuting anyone who Interferes with the Site or attempts to defraud any person through the utilization of the Site or the Information obtained from the Site or its related services. YOU AGREE NOT TO CIRCUMVENT, OR FACILITATE A THIRD PARTY IN THE CIRCUMVENTION OF, ANY OF THE SITE’S PRIVACY OR SECURITY MEASURES.
7. Employee Service. If You are a Antares Enterprises, Inc.  employee, any violations of these TOS may lead to termination of your employment. Every employee’s Service of the Site is subject to Antares Enterprises, Inc. ’s human resources and other corporate policies and procedures.
8. Member Account Confidentiality and Restricted Access. No person other than You should access the Site using Your Servicername and password. You are responsible for maintaining the confidentiality of Your Servicername and password and are fully responsible for all activities that occur under Your Servicername and password. You agree to (i) exit from your account at the end of each session and (ii) immediately notify Antares Enterprises, Inc.  of any unauthorized Service of Your Servicername and password or any other breach of security. Antares Enterprises, Inc.  will not be liable for any loss or damage arising from Your failure to comply with this section. Access to and Service of password protected and/or secure areas of the Site is restricted to authorized individuals only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
9. Down Time. Antares Enterprises, Inc.  takes commercially reasonable measures so that the Site is available without interruption, except for any scheduled downtime needed to help maintain effective operation of the Site. However, difficulties with hardware, software, equipment and services supplied by others may result in service interruptions. In no event will Antares Enterprises, Inc.  be liable to any party for any loss, cost or damage that results from any period of down time suffered by the Site.
10. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON OR OBTAINED FROM THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ANTARES ENTERPRISES, INC.  DOES NOT WARRANT THAT THE SITE WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. ANTARES ENTERPRISES, INC.  MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR Service OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, ServiceFULNESS, TIMELINESS OR COMPLETENESS OF ANY INFORMATION PROVIDED HEREON. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.
11. Not Directed to Children. This Site is intended for Servicers over eighteen (18) years old, and Antares Enterprises, Inc.  prohibits persons under eighteen (18) years of age from utilizing this Site. Therefore, Antares Enterprises, Inc.  does not knowingly collect or obtain any Information (including personally identifiable information) from children under age eighteen (18). If You are under age eighteen (18), You should not Service this Site. If Antares Enterprises, Inc.  learns that a person under age eighteen (18) has registered to Service the Site, Antares Enterprises, Inc.  will immediately terminate the account and delete any and all Information collected from that individual.
12. Limitation of Liability. YOUR Service OF THE SITE AND THE INFORMATION THEREON, INCLUDING BUT NOT LIMITED TO STATEMENTS OF OPINION THAT MAY NOT BE FACTUAL, IS ENTIRELY AT YOUR RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE Service OF THIS INFORMATION. ANTARES ENTERPRISES, INC.  IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE Service OF THIS INFORMATION. ANTARES ENTERPRISES, INC.  WILL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE SITE, YOUR Service THEREOF, OR ANY OF THE INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITE, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS OR LOSSES RESULTING THEREFROM, OR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION IN THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAService OF ACTION, EVEN IF ANTARES ENTERPRISES, INC.  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANTARES ENTERPRISES, INC.  FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR Service OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Some states do not allow the foregoing limitations of liability, so they may not apply to You.
13. Changes to TOS. Antares Enterprises, Inc.  may change these TOS from time to time. By continuing to Service the Site after any such changes are posted, You accept these TOS, as modified. You can always find the current version of these TOS by checking www.Top Sales Manager Blog.com or www.Top Sales Manager Blog.com.
14. Intellectual Property Rights. Antares Enterprises, Inc. , its licensors or suppliers retain all intellectual property rights with respect to the Site. All Site content included or available on the Site, including trade names or marks, service names or marks, text, graphics, interfaces, code, databases, names, software, music, videos, sound, pictures, compilations, page layout, design, processes, procedures, digital conversion or other material or technology related to the Site (collectively the “Content”) and the selection and arrangement thereof, are the sole and exclusive property of Antares Enterprises, Inc.  or its licensors. The Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. No one may copy, reproduce or distribute in any way, or decompile, reverse engineer or disassemble the Content in violation of these TOS.

You may view, copy, print and distribute the Content provided that: (i) You maintain Antares Enterprises, Inc. ’s copyright symbol on all such copies in any form or medium, (ii) the Content is Serviced for information purposes only and (iii) the Content is Serviced for non-commercial purposes only within Your organization and not sold or distributed to third parties.

Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Antares Enterprises, Inc.  or any third party.

THE CONTENT ON THE SITE IS THE PROPRIETARY PROPERTY OF ANTARES ENTERPRISES, INC.  AND/OR ITS SUPPLIERS AND IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, YOU AGREE NOT TO DUPLICATE, TRANSLATE, PUBLISH, DISTRIBUTE, MODIFY, EXTRACT DATA FROM OR OTHERWISE COMMERCIALLY EXPLOIT ANY CONTENT. YOU AGREE NOT TO FRAME, OR ASSIST THIRD PARTIES IN FRAMING, OR LINK INTO ANY OF THE WEB PAGES CONTAINED IN THE SITE. SUCH FRAMING OR LINKING IS STRICTLY PROHIBITED UNDER THESE TOS.

All contents of the site are: Copyright © 2009 . Antares Enterprises, Inc.  or its licensors. All rights reserved.

Antares Enterprises, Inc.  respects the intellectual property of others, and we ask You to do the same. If You believe some Content on the Site has been copied in such as way to constitute copyright infringement, please contact Antares Enterprises, Inc. .
15. Trademarks. Antares Enterprises, Inc. ’s trade name and the Antares Enterprises, Inc.  logo, are trademarks of Antares Enterprises, Inc.  Inc. Antares Enterprises, Inc. ’s logos and trademarks that appear throughout the Site belong to Antares Enterprises, Inc. , its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. Without Antares Enterprises, Inc. ’s express prior written permission, You agree not to display or Service in any manner the Antares Enterprises, Inc.  trademarks. Nothing on the Site shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Antares Enterprises, Inc. , its affiliates or licensors or any third party, whether by estoppel, implication or otherwise. The names of actual companies and products listed on the Sites may be the trademarks of their respective owners.
16. Remedies and Corrective Action. Antares Enterprises, Inc.  reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of the terms of these TOS and expressly reserves all rights and remedies available to Antares Enterprises, Inc.  at law or in equity. Antares Enterprises, Inc.  reserves the right to refService any or all service to You or any other Servicer for any reason, at any time, at Antares Enterprises, Inc. ’s sole discretion.
17. Governing Law. These TOS shall, for all purposes, be construed, governed by and enforced solely and exclusively in accordance with the laws of the State of MassachServicetts, USA, without giving effect to its conflict of law provisions or Your actual state of residence. You hereby agree that the courts located in Suffolk County, State of MassachServicetts, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with these TOS, and You hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.
18. Severability and Waiver. If any provision of these TOS is held to be invalid or unenforceable, such provision shall be amended so that it is enforceable to the maximum extent allowed under applicable law and the remaining provisions shall be enforced. Antares Enterprises, Inc. ’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
19. Indemnification. You acknowledge that Antares Enterprises, Inc.  does not endorse, or act in a representative capacity and is not responsible or liable for or on behalf of You, any Linked Site, other Site Servicer or other third party. To the maximum extent allowed by applicable law, You agree to defend, indemnify and hold harmless Antares Enterprises, Inc. , its affiliates and licensors, from and against all suits, proceedings, losses, liabilities and expenses, including without limitation, attorneys’ fees, whether in tort, contract or otherwise, which arise out of or relate to Your breach of any term, acknowledgement or warranty in these TOS or any activity by You in relation to the Site.
20. Entire Agreement. These TOS constitute the entire and final agreement between You and Antares Enterprises, Inc.  with respect to the Site and Information and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.