| |
AGREEMENT BETWEEN USER AND You Pave the Way
The You Pave the Way Web Site is comprised of various Web pages operated by
You Pave the Way.
The You Pave the Way Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the You Pave the Way Web Site constitutes your agreement to
all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
You Pave the Way reserves the right to change the terms, conditions, and
notices under which the You Pave the Way Web Site is offered, including but not
limited to the charges associated with the use of the You Pave the Way Web
Site.
LINKS TO THIRD PARTY SITES
The You Pave the Way Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of You Pave the Way and You
Pave the Way is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. You Pave the Way is not responsible for web casting or
any other form of transmission received from any Linked Site. You Pave the Way
is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by You Pave the Way of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the You Pave the Way Web Site, you warrant to
You Pave the Way that you will not use the You Pave the Way Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the You Pave the Way Web Site in any manner which could damage,
disable, overburden, or impair the You Pave the Way Web Site or interfere with
any other party's use and enjoyment of the You Pave the Way Web Site. You may
not obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the You Pave the Way
Web Sites.
USE OF COMMUNICATION SERVICES
The You Pave the Way Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send and
receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information.
- 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.
- Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally distributed in such
manner.
- Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the
Communication Services.
- Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
- Violate any applicable laws or regulations.
You Pave the Way has no obligation to monitor the Communication Services.
However, You Pave the Way reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion. You
Pave the Way reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
You Pave the Way reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in You Pave the Way's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. You Pave the Way
does not control or endorse the content, messages or information found in any
Communication Service and, therefore, You Pave the Way specifically disclaims
any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and
hosts are not authorized You Pave the Way spokespersons, and their views do not
necessarily reflect those of You Pave the Way.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO You Pave the Way OR POSTED AT ANY You Pave the Way WEB
SITE
You Pave the Way does not claim ownership of the materials you provide to You
Pave the Way (including feedback and suggestions) or post, upload, input or
submit to any You Pave the Way Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting You Pave the Way, its affiliated
companies and necessary sub-licensees permission to use your Submission in
connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. You Pave the Way is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in You Pave
the Way's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE You Pave the Way WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. You Pave the
Way AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE You Pave
the Way WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE You Pave the Way WEB SITE
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
You Pave the Way AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
You Pave the Way WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. You
Pave the Way AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL You Pave
the Way AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE You Pave the Way WEB
SITE, WITH THE DELAY OR INABILITY TO USE THE You Pave the Way WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE You Pave the Way WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE You
Pave the Way WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF You Pave the Way OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE You Pave the Way WEB SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
You Pave the Way WEB SITE.
TERMINATION/ACCESS RESTRICTION
You Pave the Way reserves the right, in its sole discretion, to terminate
your access to the You Pave the Way Web Site and the related services or any
portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in King County, Washington, U.S.A. in all disputes arising out
of or relating to the use of the You Pave the Way Web Site. Use of the You Pave
the Way Web Site is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment, or
agency relationship exists between you and You Pave the Way as a result of this
agreement or use of the You Pave the Way Web Site. You Pave the Way's
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of You Pave the Way's right
to comply with governmental, court and law enforcement requests or requirements
relating to your use of the You Pave the Way Web Site or information provided to
or gathered by You Pave the Way with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, 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 shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and You Pave the Way with
respect to the You Pave the Way Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and You Pave the Way with respect to the You Pave the
Way Web Site. A printed version of this 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 an d subject to the
same conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the You Pave the Way Web Site are: Copyright 2006 You Pave
the Way and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement. |
|