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Terms of
Use
**Insert Your Company Here** Terms of Use
TERMS OF
USE The following Terms of Use contain the complete terms and
conditions that apply to an individual's or entity's use of **Your Company Name
Here** site. As used in this Agreement, "We," "Us" or "Our" refers to **Your
Company Name Here**, and "You" or "Your" refers to the user. "Site" means any
**Your Company Name Here** site posted on the World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS Use
of Our Site constitutes Your acceptance of these terms and conditions and Your
waiver of any and all claims against **Your Company Name Here**, its parents,
subsidiaries, affiliates, contractors, agents, officers, directors or employees
arising out of Your use of Our Site or any materials, information, opinions or
recommendations contained on Our Site.
2. MODIFICATION
We may modify any of the terms and conditions in these Terms
of Use, at any time and in Our sole discretion, by posting a change notice or a
new user agreement on Our Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR
ONLY RECOURSE IS TO TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED USE OF OUR
SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS OF USE CONSTITUTES
BINDING ACCEPTANCE OF THE CHANGE.
3.
COPYRIGHT 3.1 Use. All content included on Our
Site, such as text, graphics, logos, button icons, images, audio clips and
software, is Our property or that of Our content suppliers and is protected by
U.S. and international copyright laws. The compilation (meaning the collection,
arrangement and assembly) of all content on Our Site is Our property protected
by U.S. and international copyright laws. All software used on Our Site is Our
property or that of Our software suppliers and is protected by U.S. and
international copyright laws. You may electronically copy and print in hard copy
portions of Our Site for the limited purpose of placing an order with Us or
using it as a shopping resource. Any other use-including reproduction for
purposes other than those noted above, modification, distribution, transmission,
republication, display or performance-of the content on a Site without Our prior
written permission is strictly prohibited.
3.2 Penalty.
Unauthorized copying of the software, or failure to comply with the
above restrictions, may result in severe civil and criminal penalties.
Unauthorized duplication of the software constitutes copyright infringement and,
in the United States, is punishable in a federal criminal action by a fine of up
to U.S.$250,000 and imprisonment for up to five (5) years. In addition, federal
civil penalties allow the recovery of actual damages based on the number of
copies produced plus the profits of the infringer, or statutory damages of up to
U.S.$100,000 for willful copyright infringement.
4.
DISCLAIMER WE PROVIDE OUR SITE ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE
OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, SOFTWARE OR MATERIALS
AVAILABLE ON OUR SITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS,
MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF
COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO
REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION
OR ERRORS. FURTHER, WE TAKE NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKS
PROVIDED THROUGH OUR SITE OR FOR THE SITES OF OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION We do not
accept or consider unsolicited material, product suggestions or original or
creative ideas (collectively, "Materials") submitted through Our Site. If
despite this policy you submit any such Materials, We will deem it Our property.
We will not treat the Materials as confidential, and We will not be liable for
any use or disclosure of such Materials. Without limitation, We will own the
exclusive rights to the Materials and will be entitled to unrestricted use of
the Materials for any purpose, commercial or otherwise, without compensation to
the submitter of such Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND
ARISING IN CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH
RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR
ACCESSING OUR SITE.
7. INDEMNIFICATION
You will defend and hold harmless **Your Company Name
Here**, its parents, subsidiaries, affiliates, contractors, agent, officers,
directors and employees against all claims, losses, damages, liabilities, costs
and expenses (including reasonable attorneys' fees and costs) made due to or
arising out of a violation of these Terms of Use or Your use of this Site,
including, without limitation, any claim arising out of unauthorized links to
Our Site.
8 MISCELLANEOUS
9.1 Nonwaiver. If We fail to insist upon or enforce strict performance of any
provision or right under the terms and conditions of these Terms of Use, it will
not be construed as a waiver of any provision or right; rather, the same will be
and remain in full force and effect.
9.2 Choice of Law.
These Terms of Use will be interpreted, construed and enforced in all
respects in accordance with the laws of the State of Washington to the exclusion
of any other law which may be imputed in accordance with choice of law rules
applicable in any jurisdiction. The 1980 U.N. Convention on Contracts for the
International Sale of Goods or any successor thereto does not apply to these
Terms of Use. For any suit or claim pertaining to these Terms of Use or any
information furnished hereunder, You irrevocably consent to the jurisdiction and
venue of any state or federal court sitting in King County, Washington, USA, and
You will not commence an action or proceeding relating to the subject matter of
these Terms of Use in any other jurisdiction.
9.3 English
Language Governs. It is the express wish of the parties that these Terms of
Use be drawn up in English. C'est la volonté explicite des parties que ces
termes d'usage soient rédiger en anglais.
9.4 Independent
Contractor. These Terms of Use will not be interpreted or construed to
create or evidence a partnership, joint venture or franchise relationship among
the parties or as imposing any partnership or franchiser obligation or liability
on either party.
9.5 Compliance With Laws.
You will
comply at Your own expense with all statutes, regulations, rules, ordinances and
orders of any governmental body, department or agency that apply to or result
from Your use of Our Site.
9.6. Severability. If any
provision of these Terms of Use will be unlawful, void or for any reason
unenforceable, then that provision will be deemed severable from and will not
affect the validity and enforceability of any remaining provisions.
For further information, contact **Your Company Name Here**'s
Legal Department. Questions or comments regarding this service?
webmaster@walldata.com
OUR ADDRESS:
One Way Kids %dr_1%% Timeville, LA,
71360
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