1. License to Use the Site
2. Content on the Site
All text, graphics, images, sounds and information found on this Site, and the selection, coordination, and arrangement of such content ("Content") are protected by copyright under both United States and foreign laws. If you use information on the Site that we make available for download, you agree to include an acknowledgement and appropriate citation to the Enterprise or the indicated author as the source. Reproduction or translation of substantial portions of the web site, or any use of the Site other than for research, educational, advocacy, or other non-commercial purposes requires our prior written authorization. Requests for written permission to reproduce Content must be made in writing to: . The Enterprise does not warrant that the information contained on the Site is reliable, accurate, or complete. You agree that the Enterprise shall not be liable for any damages incurred resulting from, or in connection with, its use.
3. Trade and Service Mark Rights
All rights in the names, logos, and designs of all the Enterprise or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to the Enterprise or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of the Enterprise or any third party.
5. Visitor Material
- (a) is copyrighted, unless you are the copyright owner;
- (b) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- (c) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity as determined by the Enterprise in its sole discretion;
- (d) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
- (e) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
By using the Site, you understand and agree that the Enterprise may at any time monitor, review, use, or disclose any content or communication posted or transmitted by, to, or from you on the Site. You further understand and agree that the Enterprise may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of the Enterprise or any third party.
6. Prohibited Uses Generally
Without limiting the foregoing, you agree not to:
- (a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering for any services offered through the Site;
- (b) delete or revise any material or other information of any other user or the Enterprise;
- (c) harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- (d) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure;
- (e) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
- (f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar's or intelligent agents) to navigate or search the Site other than the search engine and search agents available from the Enterprise on the Site and other than generally available third-party web browsers; or
- (g) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
You further agree not to violate or attempt to violate the security of the Site, including, without limitation:
- (a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
- (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
- (c) attempting to interfere with service to any user, host, or network.
7. No Endorsement; Links to Third Party Web Sites
The Enterprise is not responsible for the content of third-party sites linked from the Site and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a third-party site will be between you and the party providing that web site. This means that we are not your agent and will not be a party to any transaction at those sites. We are providing third-party sites to you only as a convenience, and the inclusion of such sites is not an endorsement by the Enterprise in favor of any third party.
You agree to defend, indemnify, and hold the Enterprise, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal fees, costs an expenses resulting from, or alleged to result from, your violation of this Agreement.
10. Disclaimer of All Warranties & Duties
THIS SITE IS PROVIDED AS IS, AS AVAILABLE, AND WITH ALL FAULTS. WE MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY OR ACCURACY OF THE CONTENT ON THIS SITE FOR ANY PURPOSE. WE PROVIDE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY OF THE SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS. THERE IS NO WARRANTY OF TITLE OR NON-INFRINGEMENT. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE ENTERPRISE DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
11. Limitation on Liability & Remedies
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE ENTERPRISE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES WILL APPLY EVEN IF ANY REMEDY FAILS. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE ENTERPRISE'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SITE EXCEED FIVE U.S. DOLLARS (U.S.$5.00).
12. Changes to this Agreement
13. Washington Law and Forum; One Year Statute of Limitations
This Agreement is governed by the law of the state of Washington, U.S.A. Your consent to this Agreement includes your consent to jurisdiction and venue in the courts in Washington, U.S.A. in all disputes arising out of or relating to this Agreement. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions this Agreement.
14. No Waiver
The failure of the Enterprise to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.
15. Miscellaneous; Entire Agreement
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Enterprise as a result of the Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect. The Agreement constitutes the entire agreement between you and the Enterprise with respect to this Site and supersedes any other (prior or contemporaneous) communications and proposals regarding the Site.