TERMS
OF USE AGREEMENT
Welcome
to our site. We maintain this website as a service to our customers.
By using our site, you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms carefully.
If you do not agree to these terms, you should not review information
or obtain products or services from this site. 1.
ACCEPTANCE OF AGREEMENT. You
agree to the terms and conditions outlined in this Terms of Use
Agreement (“Agreement”)
with respect to our site (the “Site”). This Agreement
constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations,
warranties, and understandings with respect to the Site, its content,
and the subject matter of this Agreement. This Agreement may be
amended at any time, from time to time, by us without specific
notice to you. The latest Agreement will be posted on the Site,
and you should review this Agreement prior to using the Site. 2. COPYRIGHT. The
content, organization, graphics, design, compilation, magnetic translation,
digital conversion, and other matters related
to the Site are protected under applicable copyrights, trademarks,
and other
proprietary (including, but not limited to, intellectual property)
rights. The copying, redistribution, use, or publication by you of
any such matters
or any part of the Site, except as allowed by Section 4 of this Agreement,
is strictly prohibited. You do not acquire ownership right to any
content, document, or other materials viewed through the Site. The
posting of
information of materials on the Site does not constitute a waiver
of any right in such information and materials. 3. TRADEMARKS. Our
company, its name, and products and those of our affiliates, and
others are either
trademarks or registered trademarks of the companies. Other product
and company names mentioned on the Site may be trademarks of their
respective owners. 4. LIMITED RIGHT TO USE. The
viewing, printing, or downloading of any content, graphic, form,
or document
from the Site grants you only a
limited, nonexclusive license for use solely by you for your own
personal use
and not for republication, distribution, assignment, sublicense,
sale, preparation of derivative works, or other use. No part of
any content,
form, or document may be reproduced in any form or incorporated into
any information retrieval system, electronic or mechanical, other
than for your personal use (but not for resale or redistribution). 5.
EDITING, DELETING, AND MODIFICATION. We reserve the right
in our sole discretion to edit or delete any documents, information,
or
other content
appearing on the Site. 6. INDEMNIFICATION. You
agree to indemnify, defend, and hold us and our officers, directors,
shareholders, partners, attorneys,
staff,
and affiliates
(collectively, “Affiliated Parties”) harmless from any liability,
loss, claim, and expense, including reasonable attorneys’ fees,
related to your violation of this Agreement or use of the Site. 7.
NONTRANSFERABLE. Your right to use
the Site is not transferable. Any password or right given to
you to obtain, view, or download information or documents is
not transferable. 8.
DISCLAIMER AND LIMITS. THE INFORMATION
FROM OR THROUGH THE SITE IS PROVIDED “AS IS,” “AS
AVAILABLE,” 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. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR
SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
WE AND OUR 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
OF
DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS
OF THE BARGAIN
BETWEEN
US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE 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 ANY
ELECTRONIC FILE IN OR IN
ANY WAY CONNECTED
OR LINKED TO
OUR SITE IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR
ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
THAT MAY RESULT FROM
THE
USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY
TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE
PRICE
YOU
PAY FOR ANY
GOODS, SERVICES, OR INFORMATION. 9. USE OF INFORMATION. We
reserve the right, and you authorize us, to use and assign all
information regarding Site uses
by you and
all information
provided by you in any manner consistent with our Privacy
Policy. 10. THIRD-PARTY
SERVICES. We may allow access to or advertise
third-party merchant sites (“Merchants”)
from which you may purchase certain goods or services.
You understand
that we do not operate
or control the products or services offered by Merchants.
Merchants
are
responsible
for all aspects of order processing, fulfillment, billing,
and customer service. We are not a party to the transactions
entered
into between
you and Merchants. You agree that use of such Merchants
is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY
KIND BY
US, EXPRESSED,
IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR
A PARTICULAR
PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER
NO CIRCUMSTANCES ARE
WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING
ON MERCHANT
SITES
OR ANY OTHER
SITE LINKED TO OUR SITE. 11. THIRD-PARTY
MERCHANT POLICIES. All rules, policies (including
privacy policies) and operating procedures
of Merchants will
apply to you while
on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants
are independent
contractors and
neither party has authority to make any representations
or commitments on behalf
of the other. 12.
PRIVACY POLICY. Our
Privacy Policy, as it may change from time to time,
is a part of this Agreement
and
can be viewed by clicking HERE. 13. OPINIONS
AND STATEMENTS. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intents,” and
similar expressions are statements and/or opinions based upon a number
of assumptions and estimates which are subject to significant uncertainties,
many of which are beyond our control. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer for
the sale of any securities. 14. LINKS
TO OTHER WEBSITES. The Site contains links to other websites.
We are not responsible
for the
content, accuracy,
or opinions express
in such websites, and such websites are not
investigated, monitored, or checked for accuracy
or completeness
by us. Inclusion of
any linked website on our Site does not imply
approval or endorsement of the
linked website by us. If you decided to leave
our Site and access
these third-party
sites, you do so at your own risk. 15. USE
OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS. If
this website contains
bulletin boards, chat
rooms, or other message
or communication facilities (collectively “Forums”),
you agree to use the Forums only to send
and receive messages and material
that are proper and related to the particular
Forum. By way of example, and not as a
limitation, you
agree that when
using a
Forum, you shall
not do any of the following:
a. Defame, abuse, harass, stalk, threaten,
or otherwise violate the legal rights (such
as rights of privacy
and publicity)
of others;
b. Publish, post, distribute, or disseminate
any defamatory, infringing, obscene, indecent,
or unlawful
material
or information;
c. Upload files that contain software or
other material protected by intellectual
property
laws (or by rights
of privacy of
publicity) unless
you own or control the rights thereto or
have received all necessary consents;
d. Upload files that contain viruses, corrupted
files, or any other similar software or
programs that may
damage the
operation
of another’s
computer;
e. Delete any author attributions, legal
notices, or proprietary designations or
labels in any
file that
is uploaded;
f. Falsify the origin or source of software
or other material contained in a file that
is uploaded;
g. Advertise or offer to sell any goods
or services or conduct or forward surveys,
contests,
or chain
letters; or
h. Download any file posted by another
user of a Forum that you know, or reasonably
should
know,
cannot
be
legally distributed
in such
manner.
You acknowledge that all Forums are public
and not private communications. Further,
you acknowledge
that chats,
postings, conferences, and
other communications by other users are
not endorsed by us or our affiliates,
and such communications shall not be considered
reviewed,
screened, or approved by us or our affiliates.
We reserve the right for
any reason to remove without notice any
contents of the Forums received
from users
including, without limitation, bulletin
board postings. We reserve the
right to deny in our sole discretion any
user access to this website or any portion
thereof
without
notice. 16.
COPYRIGHTS AND COPYRIGHT AGENTS.
We respect the intellectual property of others, and we ask you
to
do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide us with the
following information:
a. An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is
located on the Site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
and
f. A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf. Our
Copyright Agent for Notice of claims of copyright infringement on
the site is Entity Services, Inc., which can be reached as follows:
By mail:
Entity Services, Inc.
Copyright Agent
967 E. Parkcenter Blvd., #311
Boise, Idaho 83706
Phone: 208-672-1038 17.
INFORMATION AND PRESS RELEASES. The Site may contain
information and press releases about us. While this information, if
any, was
believed to be accurate as of the date prepared, we disclaim any
duty or obligation
to update this information or any press releases. Information about
companies other than ours contained in the press release or otherwise,
should not
be relied upon as being provided or endorsed by us. 18.
MISCELLANEOUS. This Agreement shall
be treated as though it were executed and performed in Ada County,
Idaho, and
shall
be governed by and construed in accordance with the laws of the
state of Idaho (without regard to conflict of law
principles). Any cause of action by you with respect to the Site
(and/or any
information,
products, or services related thereto) must be instituted within
one
(1) year after the cause of action arose or be forever waived
and barred. All actions shall be subject to the limitations set forth
in Section
8 and Section 10. The language in this Agreement shall be interpreted
as in accordance with its fair meaning and not strictly for or
against either party. All legal proceedings arising out of or in
connection
with this Agreement shall be brought solely in Boise,
Idaho. You expressly submit to the exclusive
jurisdiction
of said courts and consent to extraterritorial service of process.
Should
any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law and
the
remaining portions
shall remain in full force and effect. To the extent that anything
in or associated with the Site is in conflict or inconsistent
with this
Agreement, this Agreement shall take precedence. Our failure
to enforce any provision of this Agreement shall not be deemed a waiver
of such
provision nor of the right to enforce such provision.
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