Legal Notices We,
the Operators of this Website, provide it as a public service to our
users. Please carefully review the following basic
rules that govern your use of the Website. Please note that your use of the
Website constitutes your unconditional agreement to follow and be bound by
these Terms and Conditions of Use. If you (the User ) do not agree to them, do
not use the Website, provide any materials to the Website or download any
materials from them. The Operators reserve the
right to update or modify these Terms and Conditions at any time without prior
notice to User. Your use of the Website following any such change constitutes
your unconditional agreement to follow and be bound by these Terms and
Conditions as changed. For this reason, we encourage you to review these Terms
and Conditions of Use whenever you use the Website. These Terms and Conditions of Use apply to the use of the
Website and do not extend to any linked third party sites. These Terms and
Conditions and our Privacy Policy, which are hereby incorporated by reference,
contain the entire agreement (the Agreement ) between you and the Operators
with respect to the Website. Any rights not expressly granted herein are
reserved. Permitted and Prohibited
Uses You may use the the Website for the sole
purpose of sharing and exchanging ideas with other Users. You may not use the
the Website to violate any applicable local, state, national, or international
law, including without limitation any applicable laws relating to antitrust or
other illegal trade or business practices, federal and state securities laws,
regulations promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, and any U.S. laws, rules,
and regulations governing the export and re-export of commodities or technical
data. You may not upload or transmit any material
that infringes or misappropriates any person's copyright, patent, trademark, or
trade secret, or disclose via the the Website any information the disclosure of
which would constitute a violation of any confidentiality obligations you may
have. You may not upload any viruses, worms, Trojan
horses, or other forms of harmful computer code, nor subject the Website's
network or servers to unreasonable traffic loads, or otherwise engage in
conduct deemed disruptive to the ordinary operation of the Website. You are strictly prohibited from communicating on or
through the Website any unlawful, harmful, offensive, threatening, abusive,
libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent,
sexually explicit, racially, ethnically, or otherwise objectionable material of
any sort, including, but not limited to, any material that encourages conduct
that would constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or international
law. You are expressly prohibited from compiling
and using other User's personal information, including addresses, telephone
numbers, fax numbers, email addresses or other contact information that may
appear on the Website, for the purpose of creating or compiling marketing
and/or mailing lists and from sending other Users unsolicited marketing
materials, whether by facsimile, email, or other technological means. You also are expressly prohibited from distributing Users
personal information to third-party parties for marketing purposes. The
Operators shall deem the compiling of marketing and mailing lists using Users
personal information, the sending of unsolicited marketing materials to Users,
or the distribution of Users personal information to third parties for
marketing purposes as a material breach of these Terms and Conditions of Use,
and the Operators reserve the right to terminate or suspend your access to and
use of the Website and to suspend or revoke your membership in the consortium
without refund of any membership dues paid. The
Operators note that unauthorized use of User's personal information in
connection with unsolicited marketing correspondence also may constitute
violations of various state and federal anti-spam statutes. The Operators
reserve the right to report the abuse of Users personal information to the
appropriate law enforcement and government authorities, and the Operators will
fully cooperate with any authorities investigating violations of these
laws. User Submissions The Operators do not want to receive confidential or
proprietary information from you through the Website. Any material,
information, or other communication you transmit or post ( Contributions ) to
the Website will be considered non-confidential. All contributions to this site are licensed by you under
the MIT License to anyone who wishes to use them, including the
Operators. If you work for a company or at a
University, it's likely that you're not the copyright holder of anything you
make, even in your free time. Before making contributions to this site, get
written permission from your employer. User
Discussion Lists and Forums The Operators may,
but are not obligated to, monitor or review any areas on the Website where
users transmit or post communications or communicate solely with each other,
including but not limited to user forums and email lists, and the content of
any such communications. The Operators, however, will have no liability related
to the content of any such communications, whether or not arising under the
laws of copyright, libel, privacy, obscenity, or otherwise. The Operators may
edit or remove content on the the Website at their discretion at any time.
Use of Personally Identifiable
Information Information submitted to the Website
is governed according to the Operators's current Privacy Policy and the stated
license of this website. You agree to provide
true, accurate, current, and complete information when registering with the
Website. It is your responsibility to maintain and promptly update this account
information to keep it true, accurate, current, and complete. If you provides
any information that is fraudulent, untrue, inaccurate, incomplete, or not
current, or we have reasonable grounds to suspect that such information is
fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the
right to suspend or terminate your account without notice and to refuse any and
all current and future use of the Website. Although
sections of the Website may be viewed simply by visiting the Website, in order
to access some Content and/or additional features offered at the Website, you
may need to sign on as a guest or register as a member. If you create an
account on the Website, you may be asked to supply your name, address, a User
ID and password. You are responsible for maintaining the confidentiality of the
password and account and are fully responsible for all activities that occur in
connection with your password or account. You agree to immediately notify us of
any unauthorized use of either your password or account or any other breach of
security. You further agree that you will not permit others, including those
whose accounts have been terminated, to access the Website using your account
or User ID. You grant the Operators and all other persons or entities involved
in the operation of the Website the right to transmit, monitor, retrieve,
store, and use your information in connection with the operation of the Website
and in the provision of services to you. The Operators cannot and do not assume
any responsibility or liability for any information you submit, or your or
third parties use or misuse of information transmitted or received using
website. To learn more about how we protect the privacy of the personal
information in your account, please visit our Privacy Policy. Indemnification You
agree to defend, indemnify and hold harmless the Operators, agents, vendors or
suppliers from and against any and all claims, damages, costs and expenses,
including reasonable attorneys fees, arising from or related to your use or
misuse of the Website, including, without limitation, your violation of these
Terms and Conditions, the infringement by you, or any other subscriber or user
of your account, of any intellectual property right or other right of any
person or entity. Termination These Terms and Conditions of Use are effective until
terminated by either party. If you no longer agree to be bound by these Terms
and Conditions, you must cease use of the Website. If you are dissatisfied with
the Website, their content, or any of these terms, conditions, and policies,
your sole legal remedy is to discontinue using the Website. The Operators
reserve the right to terminate or suspend your access to and use of the
Website, or parts of the Website, without notice, if we believe, in our sole
discretion, that such use (i) is in violation of any applicable law; (ii) is
harmful to our interests or the interests, including intellectual property or
other rights, of another person or entity; or (iii) where the Operators have
reason to believe that you are in violation of these Terms and Conditions of
Use. WARRANTY DISCLAIMER THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. THE OPERATORS
MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR
REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE
OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. IN
NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE
LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE
USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE OPERATORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN
ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU
UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR
BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS
SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN
CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED,
SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN
THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR
EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE THE WEBSITE, THAT YOUR USE OF THE
WEBSITE IS AT YOUR SOLE RISK. LIABILITY LIMITATION.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT,
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY
OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY
NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE
THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF
SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED
THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,
LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF
RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES. THE OPERATORS'S TOTAL
CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL
NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE
FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND
THAT THE OPERATORS WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH
LIMITATION. General The Website is hosted in the United States. The Operators make no claims that the Content on the Website is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party's principal place of business, attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the Operators to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Operators rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User's use of the Website must be brought in the courts of the United States, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach. Links to Other Materials The Website may contain links to sites owned or operated
by independent third parties. These links are provided for your convenience and
reference only. We do not control such sites and, therefore, we are not
responsible for any content posted on these sites. The fact that the Operators
offer such links should not be construed in any way as an endorsement,
authorization, or sponsorship of that site, its content or the companies or
products referenced therein, and the Operators reserve the right to note its
lack of affiliation, sponsorship, or endorsement on the Website. If you decide
to access any of the third party sites linked to by the Website, you do this
entirely at your own risk. Because some sites employ automated search results
or otherwise link you to sites containing information that may be deemed
inappropriate or offensive, the Operators cannot be held responsible for the
accuracy, copyright compliance, legality, or decency of material contained in
third party sites, and you hereby irrevocably waive any claim against us with
respect to such sites. Notification Of
Possible Copyright Infringement In the event you
believe that material or content published on the Website may infringe on your
copyright or that of another, please contact us. |