TERMS OF USE
IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR
COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS
OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE
OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE
CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
Access To This Site
You agree to use this site only for the lawful purposes described in more detail in the
"Restrictions on Use" section below. You agree not to take any action that might compromise the
security of the site, render the site inaccessible to others or otherwise cause damage to the site or
the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to
access any Content that is not intended for you. You agree not to use the Site in any manner that might
interfere with the rights of third parties. To access this site or some of the resources it has to
offer, you may be asked to provide certain registration details or other information. It is a condition
of your use of this site that all the information you provide on this site will be correct, current,
and complete. If our Company believes the information you provide is not correct, current, or
complete, we have the right to refuse you access to this site or any of its resources, and to terminate
or suspend your access at any time, without notice.
Restrictions On Use
This site is provided solely for non-commercial, personal use, and/or so that you may learn about
our Company and the services we provide. You may not use this site for any other purpose,
including any commercial purpose, without our Company's express prior written consent. For
example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii)
frame this site, or (iii) hyper-link to this site, without the express prior written permission of an
authorized representative of our Company. For purposes of these Terms of Use, "co-branding"
means to display a name, logo, trademark, or other means of attribution or identification of any party
in such a manner as is reasonably likely to give a user the impression that such other party has the
right to display, publish, or distribute this site or Content accessible within this site. You agree to
cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking
immediately to cease.
Proprietary Information
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Trademarks
The material and Content accessible from this site, and any other World Wide Web site owned,
operated, licensed, or controlled by our Company is the proprietary information of our
Company or the party that provided the Content to our Company, and our
Company or the party that provided the Content to our Company retains all
right, title, and interest in the Content. Accordingly, the Content may not be copied,
distributed, republished, uploaded, posted, or transmitted in any way without the prior written
consent of our Company, or unless authorized in writing elsewhere on our site, except
that you may print out a copy of the Content solely for your personal use. You are prohibited
from using any of the marks or logos appearing throughout the site without the express written
permission of our Company.
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Copyrights
This site and its Content are protected by U.S. and/or foreign copyright laws, and belong to
the Company or its partners, affiliates, contributors or third parties. The copyrights
for the Content are owned by the Company or other copyright owners who have authorized
their use on this site. You may download and reprint Content for non-commercial, non-public,
personal use only (If you are browsing this site as an employee or member of any business or
organization, you may download and reprint Content only for educational or other non-commercial
purposes within your business or organization, except as otherwise permitted by the
Company, for example in certain password-restricted areas of the site). You may not
manipulate or alter in any way images or other Content on the site.
Hyper-Links
This site may be hyper-linked to other sites which are not maintained by, or related to, our
Company. The inclusion of any hyper-link to a third-party site does not imply endorsement,
sponsorship or recommendation by our Company of that site. Hyper-links to such sites are
provided as a service to users and are not sponsored by or affiliated with this site or our
Company. Our Company has not reviewed any or all of such sites and is not responsible
for the content of those sites. Our Company also makes no representations about the
availability of hyper-linked sites. Hyper-links are to be accessed at the user's own risk, and our
Company makes no representations or warranties about the content, completeness or accuracy of
these hyper-links or the sites hyper-linked to this site. If you hyper-link to a site, please be aware
that you willl leave our Company's web site and will become subject to the rules and conditions of the
linked site(s). We recommend that you make yourself aware of the Terms of Use of any sites you link to
from our Company's site.
Submissions
You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide,
non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or
other information communicated to our Company through this site (together, hereinafter known
as the "Submission"), and to incorporate any Submission in other works in any form, media, or
technology now known or later developed. Our Company will not be required to treat any
Submission as confidential, and may use any Submission in its business (including without limitation,
for products or advertising) without incurring any liability for royalties or any other consideration
of any kind, and will not incur any liability as a result of any similarities that may appear in future
Company operations. By making a Submission, you are guaranteeing to us that you have the legal
right to post the content in the Submission and that it will not violate any law or the rights of any
person or entity.
Our Company will treat any personal information that you submit through this site in
accordance with its Privacy Policy as set forth on this site.
Child Safety
Protecting the online privacy of children is especially important to us, and those under the age of
13 are protected by federal law. For that reason, our Company does not knowingly permit
children under the age of 13 to become registered members of our sites, or to buy goods and services on
our sites, without verifiable parental consent. Our Company does not knowingly collect or
solicit personal information about children under 13, except with their parent's express consent.
If we ever include children under the age of 13 as part of our intended site audience, those
specific web pages will, in accordance with the provisions of the Children's Online Privacy Protection
Act (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide
processes to obtain parental approval, provide access to information and allow parents to request
removal of their children's personal information.
Downloading Material
You understand that our Company cannot and does not guarantee or warrant that files
available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code
that may manifest contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data
input and output, and for maintaining a means external to this site for the reconstruction of any lost
data. Our Company does not assume any responsibility or risk for your use of the Internet.
Disclaimer
THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH
RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE,
THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. THE
COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. THE COMPANY
DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE
CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS.
Limitation On Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT,
PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR
INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS,
AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE)
EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT
OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content
providers, service providers, employees, agents, officers, directors, and contractors (hereinafter
known as the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including
any use of Content other than as expressly authorized in these Terms of Use. You agree that the
Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and
you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and
attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold
the Indemnified Parties harmless from and against any claims brought by third parties arising out of
your use of the information accessed from this site.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material
that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic,
racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for
personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating
anyone's copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise
manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise
engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship
banners, and/or soliciting goods or services) except as may be specifically authorized on this
site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are
able to type, or otherwise act in a way which affects the ability of other people to engage in real
time activities via this site;
- includes MP3 format files;
- amounts to a 'pyramid' or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this site or
any networks connected to this site; or
- contains hyper-links to other sites that contain content that falls within the descriptions set
forth above.
Although under no obligation to do so, our Company reserves the right to monitor use of
this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any
information for any reason. Notwithstanding these rights, you remain solely responsible for the content
of your Submissions. You acknowledge and agree that neither Company nor any third party that
provides Content to Company will assume or have any liability for any action or inaction by
Company or such third party with respect to any Submission.
Security
Any passwords used for this site are for individual use only. You will be responsible for the
security of your password (if any). Company will be entitled to monitor your password and, at
its discretion, require you to change it. If you use a password that Company considers
insecure, Company will be entitled to require the password to be changed and/or terminate your
account.
You are prohibited from using any services or facilities provided in connection with this site to
compromise security or tamper with system resources and/or accounts. The use or distribution of tools
designed for compromising security (e.g., password guessing programs, cracking tools or network probing
tools) is strictly prohibited. If you become involved in any violation of system security,
Company reserves the right to release your details to system administrators at other sites in
order to assist them in resolving security incidents. Company reserves the right to
investigate suspected violations of these Terms of Use.
Company reserves the right to fully cooperate with any law enforcement authorities or court
order requesting or directing Company to disclose the identity of anyone posting any e-mail
messages, or publishing or otherwise making available any materials that are believed to violate these
Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT
AUTHORITIES.
Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright
infringement should be sent to Service Provider's Designated Agent.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of California, United
States of America, notwithstanding any principles of conflicts of law. You specifically consent to
personal jurisdiction in Washington connection with any dispute between you and Company
arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these
Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of
these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state
and/or federal courts in Clallam County, Washington. If any part of these Terms of Use is unlawful,
void or unenforceable, that part will be deemed severable and will not affect the validity and
enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among
the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and
conditions on this site will govern the items to which they pertain. Company may revise these
Terms of Use at any time by updating this posting.
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