|
Terms Of USE:
AGREEMENT BETWEEN USER AND
RDS-Colorado
The RDS-Colorado Web Site is comprised of various Web pages operated
by RDS-Colorado.
The RDS-Colorado Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the RDS-Colorado Web Site
constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
RDS-Colorado reserves the right to change the terms, conditions, and
notices under which the RDS-Colorado Web Site is offered, including
but not limited to the charges associated with the use of the
RDS-Colorado Web Site.
LINKS TO THIRD PARTY SITES
The RDS-Colorado Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of
RDS-Colorado and RDS-Colorado 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.
RDS-Colorado is not responsible for webcasting or any other form of
transmission received from any Linked Site. RDS-Colorado is
providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by RDS-Colorado of
the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the RDS-Colorado Web Site, you warrant
to RDS-Colorado that you will not use the RDS-Colorado Web Site for
any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the RDS-Colorado Web Site
in any manner which could damage, disable, overburden, or impair the
RDS-Colorado Web Site or interfere with any other party's use and
enjoyment of the RDS-Colorado 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
RDS-Colorado Web Sites.
USE OF COMMUNICATION SERVICES
The RDS-Colorado 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.
RDS-Colorado has no
obligation to monitor the Communication Services. However,
RDS-Colorado reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole
discretion. RDS-Colorado reserves the right to terminate your access
to any or all of the Communication Services at any time without
notice for any reason whatsoever.
RDS-Colorado 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
RDS-Colorado's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. RDS-Colorado does not control or endorse the content,
messages or information found in any Communication Service and,
therefore, RDS-Colorado 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 RDS-Colorado spokespersons, and their views do
not necessarily reflect those of RDS-Colorado.
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 RDS-Colorado OR POSTED
AT ANY RDS-Colorado WEB SITE
RDS-Colorado does not claim ownership of the materials you provide
to RDS-Colorado (including feedback and suggestions) or post,
upload, input or submit to any RDS-Colorado Web Site or its
associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your
Submission you are granting RDS-Colorado, 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. RDS-Colorado is under no obligation
to post or use any Submission you may provide and may remove any
Submission at any time in RDS-Colorado'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 RDS-Colorado WEB SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. RDS-Colorado AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE RDS-Colorado WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE RDS-Colorado 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.
RDS-Colorado 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 RDS-Colorado 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. RDS-Colorado 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
RDS-Colorado 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 RDS-Colorado WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE RDS-Colorado 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 RDS-Colorado WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE RDS-Colorado WEB SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
RDS-Colorado 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 RDS-Colorado WEB SITE,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE RDS-Colorado WEB SITE.
SERVICE CONTACT : rphillips@rdspos.com
TERMINATION/ACCESS RESTRICTION
RDS-Colorado reserves the right, in its sole discretion, to
terminate your access to the RDS-Colorado 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 RDS-Colorado Web Site. Use of the
RDS-Colorado 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 RDS-Colorado as a result of this agreement or use of
the RDS-Colorado Web Site. RDS-Colorado's performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of RDS-Colorado's right
to comply with governmental, court and law enforcement requests or
requirements relating to your use of the RDS-Colorado Web Site or
information provided to or gathered by RDS-Colorado 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 RDS-Colorado with respect to the
RDS-Colorado Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and RDS-Colorado with respect to the RDS-Colorado
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 RDS-Colorado Web Site are: Copyright 2007 by
Data Systems Inc. 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. |