GENERAL TERM OF USE:
By entering this Site you agree to the terms and conditions detailed below in this Terms & Conditions, the “Agreement.” This Agreement is the entire and only agreement between me and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by me without express notice to you. The most up-to-date Agreement will be posted on the Site, and you should review it prior to viewing the Site.
INTELLECTUAL PROPERTY PROTECTION:
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other electronic and depiction matters related to the Site may be protected under applicable copyrights, trademarks, intellectual property and other proprietary rights. Copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by me, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
LIMITED LICENSE;PERMITTED USES:
You are granted a non-exclusive, non-transferable, revocable license to:
- access and use the Site strictly in accordance with this Agreement;
- use the Site solely for internal, personal, non-commercial purposes; and
- print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. Your right to use the Site is not transferable or assignable.
RESTRICTIONS AND PROHIBITIONS ON USE:
Your license for access and use of the Site and any information, materials or documents contained therein (“Content and Materials”) are subject to the following restrictions and prohibitions on use: You may not:
- copy, print (except for the express limited purpose permitted by the section titled Limited License: Permitted Uses, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom;
- use the Site or any materials obtained from the Site to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
- create compilations or derivative works of any Content and Materials from the Site;
- use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of me or any third parties;
- make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;
- remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;
- use any automatic or manual process to harvest information from the Site;
- use the Site for the purpose of gathering information for or transmitting
- unsolicited commercial email;
- email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and
- unsolicited telephone calls or facsimile transmissions;
- use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and
- export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
NO LEGAL ADVICE; NO ATTORNEY-CLIENT RELATIONSHIP FORMED:
Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. I do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.
LINKING TO THE SITE:
You may provide links to the Site, provided:
- that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site;
- your site does not engage in illegal or pornographic activities; and
- you discontinue providing links to the Site immediately upon my request.
ENTERING INFORMATION ON THE SITE:
Certain sections of the Site may request you to voluntarily enter information. If you agree to voluntarily enter information, you agree to provide me with accurate and complete information. The information entered must be done using your real name and is for your personal use only and, if on behalf of another person or entity, is done with authorization.
ERRORS, CORRECTIONS AND CHANGES:
I do not represent or warrant that the Site is error-free, free of viruses or other harmful components, or that defects will be corrected. I do not represent or warrant that the information available on or through the Site is correct, accurate, timely or otherwise reliable. I may make changes to the features, functionality or content of the Site at any time. I reserve the right in my discretion to edit or delete any information or other content appearing on the Site.
THIRD PARTY CONTENT:
Third party content may appear on the Site or may be accessible via links from the Site. I am not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect my belief.
I reserve the right to investigate complaints or reported violations of this Agreement and to take any action I deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold me and my subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. I AND MY AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, I AND MY AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ME AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ME THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
LIMITATION OF LIABILITY:
(a) I and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or any services or products obtainable therefrom, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay or failure in performance beyond the control of me. (b) THE AGGREGATE LIABILITY OF ME AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ME AND ANY AFFILIATED PARTY.