AGREEMENT
BETWEEN USER AND
Rock Pine
Partners Inc.
The
Rock Pine
Partners Inc.
Web Site is
comprised of
various Web
pages operated
by
Rock Pine
Partners Inc..
The
Rock Pine
Partners Inc.
Web Site is
offered to you
conditioned on
your acceptance
without
modification of
the terms,
conditions, and
notices
contained
herein. Your use
of the
Rock Pine
Partners Inc.
Web Site
constitutes your
agreement to all
such terms,
conditions, and
notices.
MODIFICATION OF
THESE TERMS OF
USE
Rock Pine
Partners Inc.
reserves the
right to change
the terms,
conditions, and
notices under
which the
Rock Pine
Partners Inc.
Web Site is
offered,
including but
not limited to
the charges
associated with
the use of the
Rock Pine
Partners Inc.
Web Site.
LINKS TO THIRD
PARTY SITES
The
Rock Pine
Partners Inc.
Web Site may
contain links to
other Web Sites
("Linked
Sites"). The
Linked Sites are
not under the
control of
Rock Pine
Partners Inc.
and
Rock Pine
Partners Inc.
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.
Rock Pine
Partners Inc.
is not
responsible for
webcasting or
any other form
of transmission
received from
any Linked Site.
Rock Pine
Partners Inc.
is providing
these links to
you only as a
convenience, and
the inclusion of
any link does
not imply
endorsement by
Rock Pine
Partners Inc.
of the site or
any association
with its
operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition
of your use of
the
Rock Pine
Partners Inc.
Web Site, you
warrant to
Rock Pine
Partners Inc.
that you will
not use the
Rock Pine
Partners Inc.
Web Site for any
purpose that is
unlawful or
prohibited by
these terms,
conditions, and
notices. You may
not use the
Rock Pine
Partners Inc.
Web Site in any
manner which
could damage,
disable,
overburden, or
impair the
Rock Pine
Partners Inc.
Web Site or
interfere with
any other
party's use and
enjoyment of the
Rock Pine
Partners Inc.
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
Rock Pine
Partners Inc.
Web Sites.
USE OF
COMMUNICATION
SERVICES
The
Rock Pine
Partners Inc.
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.
Rock Pine
Partners Inc.
has no
obligation to
monitor the
Communication
Services.
However,
Rock Pine
Partners Inc.
reserves the
right to review
materials posted
to a
Communication
Service and to
remove any
materials in its
sole discretion.
Rock Pine
Partners Inc.
reserves the
right to
terminate your
access to any or
all of the
Communication
Services at any
time without
notice for any
reason
whatsoever.
Rock Pine
Partners Inc.
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
Rock Pine
Partners Inc.'s
sole discretion.
Always use
caution when
giving out any
personally
identifying
information
about yourself
or your children
in any
Communication
Service.
Rock Pine
Partners Inc.
does not control
or endorse the
content,
messages or
information
found in any
Communication
Service and,
therefore,
Rock Pine
Partners Inc.
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
Rock Pine
Partners Inc.
spokespersons,
and their views
do not
necessarily
reflect those of
Rock Pine
Partners Inc..
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 Rock Pine Partners Inc. OR POSTED AT ANY Rock
Pine Partners Inc.
WEB SITE
Rock Pine
Partners Inc. does not claim ownership of the materials you
provide to Rock Pine Partners Inc. (including feedback and
suggestions) or post, upload, input or submit to any Rock
Pine Partners Inc.
Web Site or its
associated
services
(collectively
"Submissions").
However, by
posting,
uploading,
inputting,
providing or
submitting your
Submission you
are granting
Rock Pine
Partners Inc.,
its affiliated
companies and
necessary
sublicensees
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. Rock Pine Partners Inc.
is under no
obligation to
post or use any
Submission you
may provide and
may remove any
Submission at
any time in
Rock Pine
Partners Inc.'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 Rock Pine Partners Inc. WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. Rock Pine
Partners Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE Rock Pine Partners Inc. WEB SITE AT
ANY TIME. ADVICE RECEIVED VIA THE Rock Pine Partners Inc.
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.
Rock Pine
Partners Inc. 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
Rock Pine Partners Inc. 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. Rock Pine Partners Inc.
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 Rock
Pine Partners Inc. 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 Rock Pine Partners Inc. WEB SITE, WITH
THE DELAY OR INABILITY TO USE THE Rock Pine Partners Inc.
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
Rock Pine Partners Inc. WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE Rock Pine Partners Inc. WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF Rock Pine Partners Inc. 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 Rock Pine Partners
Inc. WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Rock Pine
Partners Inc.
WEB SITE.
SERVICE CONTACT
:
gregv@brightworktechnologies.com
TERMINATION/ACCESS
RESTRICTION
Rock Pine
Partners Inc. reserves the right, in its sole discretion, to
terminate your access to the Rock Pine Partners Inc. 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 Rock Pine Partners Inc. Web Site.
Use of the Rock Pine Partners Inc. 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 Rock Pine Partners Inc. as a result of this
agreement or use of the Rock Pine Partners Inc.
Web Site.
Rock Pine
Partners Inc.'s
performance of
this agreement
is subject to
existing laws
and legal
process, and
nothing
contained in
this agreement
is in derogation
of
Rock Pine
Partners Inc.'s right to comply with governmental, court and
law enforcement requests or requirements relating to your
use of the Rock Pine Partners Inc. Web Site or information
provided to or gathered by Rock Pine Partners Inc. 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 Rock Pine Partners
Inc. with respect to the Rock Pine Partners Inc. Web Site
and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or
written, between the user and Rock Pine Partners Inc. with
respect to the Rock Pine Partners Inc.
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 Rock Pine Partners Inc.
Web Site are:
Copyright 2002-2010
by Rock Pine
Partners 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.
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