Terms and Conditions

Last updated March 03, 2010

These Terms and Conditions apply to the newsidingreplacement.com Web Site located at www.newsidingreplacement.com. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. This Web Site is the property of Blue Phoenix Media Inc. By visiting, using and/or submitting information to www.newsidingreplacement.com you are accepting these terms and conditions and agree to be bound to these terms and conditions. newsidingreplacement.com and/or Blue Phoenix Media Inc,(the "Company") reserves the right to modify the Terms and Conditions at any time, effective upon posting of the modified at www.newsidingreplacement.com. It is your responsibility to check these Terms and Conditions for changes periodically. Your continued use of the Site following the posting of any such changes will mean that you unconditionally accept and agree to the aforementioned changes. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

Use of the Web Site

The Company authorizes you to view and access a single copy of the content available on or from newsidingreplacement.com (the "Web Site") solely for your personal, noncommercial use. You agree not to resell or assign your rights or obligations under these Terms and Conditions.

All trademarks, computer code, text, logos, graphics, user interfaces, visual interfaces, photographs and artwork and (collectively, "Content"), including but not limited to the structure, design, selection, coordination, expression, "look and feel" and arrangement of all Content contained on the Site is owned, controlled or licensed by or to newsidingreplacement.com, are protected under both United States and foreign copyright, trademark and other laws. All Web Site Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Web Site Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited.

No part of the Site nor any Content may be copied, reproduced in any way, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for any form of publication or distribution or for any commercial enterprise whatsoever, without newsidingreplacement.com’s express prior written permission except as expressly provided in these Terms and Conditions.

Acceptable Site Use

Users may not use any part of this Site in order to transmit, distribute, store or destroy material, including without limitation Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Site Security

Users are prohibited from violating or attempting to violate the security of newsidingreplacement.com, including, without limitation, (a)attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (b) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to newsidingreplacement.com, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Prohibited Uses

newsidingreplacement.com may be used only for lawful purposes by individuals seeking information about colleges and universities, scholarships, financial aid, or employment opportunities. The Company specifically prohibits any other use of the Web Site, and all users agree not to use the Web Site, for any of the following:

Using any device, software or routine to interfere or attempt to interfere with the functionality of newsidingreplacement.com

Taking any action which imposes an unreasonable or disproportionately large load on any newsidingreplacement.com's infrastructure.

Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search newsidingreplacement.com other than the search engine and search agents available from the Company on newsidingreplacement.com and other than generally available third party web browsers (e.g., Mozilla, Netscape Navigator, Microsoft Explorer).

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of newsidingreplacement.com.

Aggregating, copying or duplicating in any manner any of the Web Site Content or information available on newsidingreplacement.com.

User Information

When you register for the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see newsidingreplacement.com's Privacy Policy for further details regarding your Information.

Users who register with newsidingreplacement.com must be at least 13 years old. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 COPPA. newsidingreplacement.com will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.

Registration

You are responsible for maintaining the confidentiality of your information. You shall be responsible for all uses of your registration, whether or not authorized by you.

Company Liability

newsidingreplacement.com is only a portal. This Web Site acts as a portal for students to search for colleges, scholarships, and Financial assistance. The Company is not involved in the actual transaction between colleges, scholarship providers and students, or employers and candidates. As a result, the Company has no control over the quality, safety or legality of the scholarships, the truth or accuracy of the listings, the ability of scholarship providers to provide scholarships, the ability of colleges to provide education, the ability of employers to offer job opportunities to candidates, or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site and/or the other Blue Phoenix Media Sites.

The Web Site Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Blue Phoenix Media Site or the Web Site Content. The use of the Blue Phoenix Media Sites and the Web Site Content is at your own risk. Changes are periodically made to newsidingreplacement.com and may be made at any time.

newsidingreplacement.com and all Blue Phoenix Media Inc Sites are provided on an "as is" basis without any warranties of any kind. newsidingreplacement.com does not promise or otherwise guarantee that the site or any content, service or feature of the site will operate error-free or that any Blue Phoenix Media site and it's server are free of computer viruses or other harmful mechanisms. If your use of any Blue Phoenix Media site or the material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.

Links

The Web sites and email messages sometimes contain hypertext links to the web sites of third parties. If any links on Blue Phoenix Media Web site’s links you to other Web sites, those Web sites do not operate under this Privacy Policy. We recommend you examine the privacy statements posted on those other Web sites to understand their procedures for collecting, using, and disclosing personal information. The inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Limitation of Liability

Except where prohibited by law, in no event will newsidingreplacement.com be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if newsidingreplacement.com has been advised of the possibility of such damages. The aggregate liability for the Company to you for all claims arising from the use of the Materials on the newsidingreplacement.com Site is limited to $150.

Termination

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and the other Blue Phoenix Media Sites and immediate termination of your registration with or ability to access this Web Site and the other Blue Phoenix Media Sites and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions.

Indemnity

You irrevocably covenant, promise and agree to indemnify newsidingreplacement.com and to hold Blue Phoenix Media its officers, directors,shareholders, predecessors, successors in interest, employees and agents, harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation (including attorneys’ fees), made against newsidingreplacement.com by any third party due to or arising out of or in connection with your use of the Site.

Governing Law

The Company makes no claims that the Materials may be lawfully viewed or accessed outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York, New York. If any provision of these Terms and Conditions are 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 and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of Web Site.

Additional Terms and Conditions

Certain areas of this Web Site and the other Blue Phoenix Media Sites are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Without limiting any of the other disclaimers of warranty set forth in these Terms and Conditions of Use, Blue Phoenix Media does not provide or make any undertaking as to the quality or nature of any of the products or services purchased through newsidingreplacement.com or any other Blue Phoenix Media Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the product or service, under the terms agreed to by the provider.

This Agreement constitutes the entire agreement between you and newsidingreplacement.com with respect to the subject matter hereof and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.