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Myles Nelson
McKenzie Design Web Site Agreement. The Myles Nelson McKenzie Design Web Site
(the "Site") is an online information service provided by Myles Nelson McKenzie
Design ("Myles Nelson McKenzie Design "), subject to your compliance with the
terms and conditions set forth below.
PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO
NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE
THE SITE. Myles Nelson McKenzie Design MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Licenses and Idea
Submissions. The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and trademarks are
Myles Nelson McKenzie Design, its affiliates or other third party
licensors.
YOU MAY NOT MODIFY,
COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE UNLESS BY WRITTEN NOTICE ON WEB SITE.
You may print and download portions of material from
the different areas of the Site solely for your own non-commercial use provided
that you agree not to change or delete any copyright or proprietary notices
from the materials. You agree to grant to Myles Nelson McKenzie Design a
non-exclusive, royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by e-mail to Myles Nelson
McKenzie Design by all means and in any media now known or hereafter
developed. You also grant to Myles Nelson McKenzie Design the right to
use your name in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse against
Myles Nelson McKenzie Design for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to Myles
Nelson McKenzie Design.
TRADEMARKS. Publications, products, content or services
referenced herein or on the Site are the exclusive trademarks or servicemarks
of Myles Nelson McKenzie Design. Other product and company names
mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site. You understand that, except
for information, products or services clearly identified as being supplied by
Myles Nelson McKenzie Design, Myles Nelson McKenzie Design does
not operate, control or endorse any information, products or services on the
Internet in any way. Except for Myles Nelson McKenzie Design -
identified information, products or services, all information, products and
services offered through the Site or on the Internet generally are offered by
third parties, that are not affiliated with Myles Nelson McKenzie Design
a. You also understand that Myles Nelson McKenzie Design cannot and does
not guarantee or warrant that files available for downloading through the Site
will be free of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost
data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Myles
Nelson McKenzie Design PROVIDES THE SITE AND RELATED INFORMATION "AS IS"
AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Myles
Nelson McKenzie Design SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. Myles Nelson McKenzie Design
DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE
NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK. Myles Nelson McKenzie Design HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITY IN NO
EVENT WILL Myles Nelson McKenzie Design BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND
THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Myles Nelson
McKenzie Design OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Myles Nelson McKenzie
Design LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Myles Nelson McKenzie Design makes no representations whatsoever about
any other web site which you may access through this one or which may link to
this Site. When you access a non-Myles Nelson McKenzie Design web site,
please understand that it is independent from Myles Nelson McKenzie
Design, and that Myles Nelson McKenzie Design has no control over
the content on that web site. In addition, a link to a Myles Nelson McKenzie
Design web site does not mean that Myles Nelson McKenzie Design
endorses or accepts any responsibility for the content, or the use, of such web
site.
3. Indemnification. You agree to indemnify,
defend and hold harmless Myles Nelson McKenzie Design, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful conduct) by you or
any other person accessing the Service.
4. Third Party Rights. The
provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of Myles Nelson McKenzie Design and its officers,
directors, employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly against
you on its own behalf.
5. Term; Termination. This Agreement may be
terminated by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use
of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this
Agreement.
6. Miscellaneous. This Agreement shall all be
governed and construed in accordance with the laws of The United States of
America applicable to agreements made and to be performed in The United States
of America. You agree that any legal action or proceeding between Myles
Nelson McKenzie Design and you for any purpose concerning this Agreement or
the parties' obligations hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in The United States of America .
Any cause of action or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action arises or such
claim or cause of action is barred. Myles Nelson McKenzie Design's
failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. Myles Nelson McKenzie Design may
assign its rights and duties under this Agreement to any party at any time
without notice to you. Any rights not expressly granted herein are
reserved.
COPYRIGHT
NOTICE.© 1999-2007 Myles Nelson McKenzie Design, All rights
reserved. |
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