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[mol-general@lists.maconlinux.org]

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FOR THE AVOIDANCE OF DOUBT: Please note that in using keepAhead Ltd. ("keepAhead") you are likely be presented with commercial messages (collectively “Advertising”) from keepAhead and / or its sister brand(s) - for example but not exclusively InMyInterest (InMyInterest.com et al) or “keepAhead with ipoints” - and / or agents, suppliers, other third parties used by keepAhead. 

By agreeing to these Terms and Conditions you agree to accept such Advertising, which will be presented at our discretion. 

keepAhead may choose entirely at its discretion also to provide an opportunity for you the Member to preclude such advertising from time to time and / or in particular instances and / or within particular goods or services. In the end the only way for you the Member to be certain of avoiding Advertising from keepAhead is to cancel the membership in keepAhead. We will endeavour to be accessible to you to contact us to cancel your membership. 
If you have any question about these Terms & Conditions, we invite you to email support@keepAhead.com (Please note that any replies from the customer service team of keepAhead are subject to these Terms & Conditions.  These Terms & Conditions supersede any other information that keepAhead may choose to provide.)

In some cases, for example - but not exclusively - where Advertising is being presented by a third party such as an agent, supplier etc. of keepAhead that we use to provide a good or service in fulfilment of the Membership in keepAhead you may need to contact that third party as well as keepAhead to stop receiving the Advertising in question from that third party.

Advertising may (for example but not exclusively)
- appear within emails or other electronic messages (for example but not exclusively short message service – i.e. SMS – texts or recordings) that contain content (or other non-advertising items) as well as Advertising and / or
- appear within emails or other electronic messages (for example but not exclusively SMS texts or recordings) that consist only of Advertising and / or 
- be presented by means other than electronic messages, and these other means may or may not contain content and / or other non-advertising items as well as Advertising. 

1. ACKNOWLEDGMENT AND ACCEPTANCE OF OUR TERMS

keepAhead Ltd. (in this document variously “keepAhead”, "us", "our", "we" or "the company") is reachable by email at support@keepAhead.com and by post at 8 Blackstock Mews, Blackstock Road, Islington, London N4 2BT England.

keepAhead provides its information, goods and services and / or arranges with third parties to provide complementary information, goods and services (collectively the "Product") to you (the "Member") under the terms and conditions of this keepAhead Terms of Service (KTS) and any operating rules or policies which may be published by keepAhead.

The KTS supersedes all prior agreements between you and us regarding the subject matter of this KTS.

BY REGISTERING FOR OR OTHERWISE USING ANY OF THE INFORMATION, GOODS OR SERVICES (IN PART AND TOGETHER MAKING UP THE PRODUCT OR ANY ASPECT OF THE PRODUCT), YOU AS A MEMBER ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE KTS.

2. DESCRIPTION OF PRODUCT

keepAhead provides or arranges with other companies to provide you as a Member with regular and other occasional information, goods and services (the "Product"), largely but not exclusively sent electronically by keepAhead - or by parties that it may arrange with for the purposes of providing the Product - via the Internet / World Wide Web, telephone and other electronic and / or non-electronic means or on keepAhead's own system. keepAhead won't charge the Member for any aspect of the Product unless keepAhead otherwise specifies the aspect that is subject to charge. You as a Member must: (1) provide all equipment (for example but not exclusive a computer and modem or a mobile telephone), necessary to establish a connection to the Internet and World Wide Web or other avenue by which keepAhead delivers the Product and (2) provide for your access to the Internet and / or World Wide Web and / or telephone network and / or or other avenue by which keepAhead delivers the Product and (3) pay any Internet, telephone or other fees associated with such access. In return for receiving the Product or any aspect of it you as a Member agree to: (1) provide certain up-to-date, complete, and accurate information about yourself as prompted to do so by the Product, by keepAhead or by agent(s), supplier(s) etc. used by keepAhead in the course of fulfilling the Product and (2) maintain and update this information as required to keep it up to date, complete and accurate and (3) accept all commercial messages (collectively “Advertising”) from keepAhead or other parties with which keepAhead may make arrangements to fulfil the Product or Membership - and grant that such messages may occur even after you have cancelled one or all services from keepAhead. 

All personally identifying information requested by keepAhead at the time of the original registration shall be referred to as registration data ("Registration Data"). Furthermore you grant keepAhead the right to disclose even to independent third parties as well as to parties controlled by keepAhead and parties in which keepAhead has an interest, material or otherwise, certain Registration Data about you as a Member, the use of the Product by you and other aspects of the Membership both in the aggregate generally without personally identifying you and in the particular where (1) such disclosure is necessary to the fulfillment of the Product (for example to enable a provider to deliver an aspect of the Product) or where (2) you or someone designated by you may instruct keepAhead to make a disclosure or where (3) keepAhead is required to disclose such information by any applicable law or legal process served on keepAhead.

In the course of using the Product you may be asked by keepAhead or by a third party with which keepAhead arranges to provide an aspect of the Product or otherwise choose to provide additional information, and any of this information that is personally identifying shall be part of the Registration Data for the purposes of the KTS.

keepAhead shall not be responsible for any information provided by you which is inaccurate, and keepAhead reserves the right to terminate your Membership and rights to use the Product at any time and for any reason.

3. MODIFICATIONS TO TERMS OF SERVICE

keepAhead may change the terms and conditions of the KTS from time to time. Upon any change in the terms and conditions of the KTS, keepAhead will notify you by posting the changes on the Web site of keepAhead and / or notifying you by email.

If you don't wish to be bound by any of the changes or this KTS in general, you have the right to terminate the use by you of the Product at any time by cancelling the Membership in keepAhead.

Continuing to use the Product after such changes means that you have (1) acknowledged the changes, have (2) agreed to abide and be bound by the modifications as well as have (3) continued to agree to be abide and be bound by the entire KTS.

4. MODIFICATIONS TO THE PRODUCT

keepAhead reserves the right to modify or discontinue the Product or any aspect of it with or without notice to you. keepAhead shall not be liable to you or any third party should keepAhead exercise its right to modify or discontinue the Product. Any discontinuation or modification of an aspect of the Product that is provided to you by a third party shall solely be at discretion of that provider, keepAhead shall have no responsibility for such action, and such action shall be a matter between you and that provider.

5. PRIVACY

By agreeing to the keepAhead Terms and Conditions KTS) you give your consent to us to collect personally identifying information from and about you. keepAhead provides a Privacy Statement, which we invite you to read carefully. You can view our Privacy Statement by clicking on the link at the bottom of this page.

6. THE MEMBER'S ACCOUNT, PASSWORD AND SECURITY

Once you become a Member, you shall receive an account as a Member of keepAhead and a password to that account. You are entirely responsible if you don't maintain the confidentiality of your password and account. You are entirely responsible for any and all activities which occur under your account.

In the course of registration you shall receive one or more identifying numbers (the Member ID") for using keepAhead. The Member ID remains the property solely of keepAhead, which provides the Member ID to you solely to enable you to use the Product. What use keepAhead chooses to make of the Member ID remains the sole discretion of keepAhead.

You agree to immediately notify keepAhead of any unauthorized use of your Member's account or any other breach of the security of keepAhead as soon as that breach becomes known to you.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK, AND THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

KEEPAHEAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

KEEPAHEAD MAKES NO WARRANTY THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES KEEPAHEAD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PRODUCT OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/ OR DATA, GOODS AND/ OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA OR OTHER DAMAGES AND KEEPAHEAD SHALL NOT BE RESPONSIBLE OR IN ANY WAY LIABLE FOR ANY DAMAGE TO THE COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE SUBSEQUENT PASSING ON BY YOU OF SUCH MATERIAL AND/OR DATA OR OTHER DAMAGES.

KEEPAHEAD MAKES NO WARRANTY REGARDING ANY GOODS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE PRODUCT OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PRODUCT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE MEMBER FROM KEEPAHEAD OR THROUGH THE PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY

SUBJECT ALWAYS TO THE FOREGOING, KEEPAHEAD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE PRODUCT OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PRODUCTS OR RESULTING FROM ANY GOODS OR PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PRODUCT OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF the MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS OR LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, DATA OR OTHER INTANGIBLE, EVEN IF KEEPAHEAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. NO RESALE OR COMMERCIAL USE OF THE PRODUCT

Your right to use the Product is personal to you solely as a Member. The Member may only be an individual: the Member may not be a corporation or other business entity. You agree not to resell, redistribute or make any commercial or other non-private and non-personal use of the Product without the express consent of keepAhead.

10. THE MEMBER'S CONDUCT

Your are solely responsible for the contents of transmissions by you through the Product.

The use of the Product by you is subject to all applicable local, state, national and international laws and regulations.

You agree not to transmit through the Product any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.

You shall not interfere with another's use and enjoyment of the Product or another entity's use and enjoyment of similar Products.

keepAhead may, at its sole discretion, immediately terminate Product should your conduct fail to conform with these terms and conditions of the KTS.

11. INDEMNIFICATION

You agree to indemnify and hold keepAhead, its parents, subsidiaries, affiliates, officers and employees, agents, suppliers et al. harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the use by you of the Product, the violation of this KTS by you, or the infringement by you, or other user of the Product using your Member's computer, of any intellectual property or other right of any person or entity.

12. TERMINATION

Should you object to any terms and conditions of the KTS or any subsequent modifications thereto, the sole remedy for you is to immediately: (1) discontinue use of the Product; (2) terminate Product the Membership; and (3) notify keepAhead of termination.

keepAhead shall not be liable to you or any third party for termination of Product.

Upon termination of the Product, your right to use the Product and any software to do with it immediately ceases.

13. NOTICE

All notices to keepAhead by you shall be made via email. keepAhead reserves the right to communicate by means other than by email as well as by email to inform you the Member of changes to the KTS, the Product, or other matters of importance. Such communication shall constitute sufficient notice to you the Member by us, keepAhead.

14. LINKS TO OTHER SITES, CONTACTS WITH ADVERTISERS AND OTHER MERCHANTS AND ANY RESULTING TRANSACTIIONS

While this website and the Product may provide links to other websites or details (e.g. email address, telephone numbers or postal addresses) of how to contact third-party providers of information, goods or services, keepAhead doesn’t have control over such sites and providers and keepAhead can't accept any liability for the accuracy or otherwise of any content provided by or the security of any activity taking place on other such sites or otherwise conducted by third parties. The use by you of such links, sites and contact details is at your Sole risk. 

You may enter into correspondence with or participate in promotions of the Advertisers or other merchants showing their information, goods and services via the Product. Any such correspondence or promotions, including the delivery of and the payment for goods and Products, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the you and the Advertiser. keepAhead assumes no liability, obligation or responsibility for any part of any such correspondence or promotion or resulting transaction.

keepAhead doesn’t have control over and can't accept any liability for the quality, reliability etc. of any information, goods or services otherwise provided by those third parties. The use by you of such sites and the information, goods and services provided by those third parties is at your Sole risk. 

15. PROPRIETARY RIGHTS

All copyright, trademarks and other intellectual property rights used as part of this website are vested in keepAhead and its licensors. You acquire no rights in this website other than the limited right to use this website in accordance with these terms. You are permitted by the KTS to print out or download information and content for solely your personal, non-commercial use. You acknowledge that any and all "Content" - including but not limited to text, software, music, sound, photographs, video, graphics and other material and proprietary business processes (together the "intellectual property") that occur or as a result of the Product, including for example messages from Advertisers - that is presented to you by keepAhead or keepAhead's Advertisers or partners or agents or suppliers et al. of keepAhead, is protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore you are permitted only to use the Content as expressly authorized by the Product or the Advertiser or the owner of the right to that intellectual property. You may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the keepAhead the owner of the right to that intellectual property. 

You may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the keepAhead the owner of the right to that intellectual property.

16. LAWS

The KTS shall be governed by and construed in accordance with the laws of England. The Member and keepAhead agree to submit to the exclusive jurisdiction of the courts of England.

If any provision(s) of the KTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Any failure by keepAhead to exercise or enforce any right or provision of the KTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by keepAhead in writing.

You the Member and we keepAhead agree that any cause of action arising out of or otherwise to do with this Product must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in the KTS are solely used for the convenience of the parties and have no legal or contractual significance.

17. YOU GRANT US THE RIGHT TO SEND YOU ADVERTISING Please note that in using keepAhead you are likely be presented with Advertising from keepAhead and / or its sister brand(s) - for example but not exclusively InMyInterest (InMyInterest.com et al) or “keepAhead with ipoints” - and / or agents, suppliers, other third parties used by keepAhead. 

By agreeing to these Terms and Conditions you agree to accept such Advertising, which will be presented at our discretion. 

keepAhead may choose entirely at its discretion also to provide an opportunity for you the Member to preclude such advertising from time to time and / or in particular instances and / or within particular goods or services. In the end the only way for you the Member to be certain of avoiding Advertising from keepAhead is to cancel the membership in keepAhead. We will endeavour to be accessible to you to contact us to cancel your membership. 

In some cases, for example - but not exclusively - where Advertising is being presented by a third party such as an agent, supplier etc. of keepAhead that we use to provide a good or service in fulfilment of the Membership in keepAhead you may need to contact that third party as well as keepAhead to stop receiving the Advertising in question from that third party.

Advertising may (for example but not exclusively) - appear within emails or other electronic messages (for example but not exclusively short message service – i.e. SMS – texts or recordings) that contain content (or other non-advertising items) as well as Advertising and / or

- appear within emails or other electronic messages (for example but not exclusively SMS texts or recordings) that consist only of Advertising and / or 

be presented by means other than electronic messages, and these other means may or may not contain content and / or other non-advertising items as well as Advertising.  MEMBERID=684667~