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TERMS AND
CONDITIONS OF USE
We have taken every effort
to design our Web site to be useful, informative,
helpful, honest and fun. Hopefully we’ve
accomplished that — and would ask that you let us know
if you’d like to see improvements or changes that would
make it even easier for you to find the information you
need and want.
All we ask is that you agree to abide by the following
Terms and Conditions. Take a few minutes to look them
over because by using our site you automatically agree
to them. Naturally, if you don’t agree, please do not
use the site. We reserve the right to make any
modifications that we deem necessary at any time. Please
continue to check these terms to see what those changes
may be! Your continued use of the DougStratemeyer.com
Web site means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our
Online Materials
All Online Materials on the
DougStratemeyer.com site, including, without limitation,
text, software, names, logos, trademarks, service marks,
trade names, images, photos, illustrations, audio clips,
video clips, and music are copyrighted intellectual
property. All usage rights are owned and controlled by
DougStratemeyer.com. You, the visitor, may download
Online Materials for non-commercial, personal use only
provided you 1) retain all copyright, trademark and
propriety notices, 2) you make no modifications to the
materials, 3) you do not use the materials in a manner
that suggests an association with any of our products,
services, events or brands, and 4) you do not download
quantities of materials to a database, server, or
personal computer for reuse for commercial purposes. You
may not, however, copy, reproduce, republish, upload,
post, transmit or distribute Online Materials in any way
or for any other purpose unless you get our written
permission first. Neither may you add, delete, distort
or misrepresent any content on the DougStratemeyer.com
site. Any attempts to modify any Online Material, or to
defeat or circumvent our security features is
prohibited.
Everything you download, any software, plus all files,
all images incorporated in or generated by the software,
and all data accompanying it, is considered licensed to
you by DougStratemeyer.com or third-party licensors for
your personal, non-commercial home use only. We do not
transfer title of the software to you. That means that
we retain full and complete title to the software and to
all of the associated intellectual-property rights.
You’re not allowed to redistribute or sell the material
or to reverse-engineer, disassemble or otherwise convert
it to any other form that people can use.
Submitting Your Online
Material to Us
All remarks, suggestions, ideas,
graphics, comments, or other information that you send
to DougStratemeyer.com through our site (other than
information we promise to protect under our privacy
policy becomes and remains our property, even if this
agreement is later terminated.
That means that we don’t have to treat any such
submission as confidential. You can’t sue us for using
ideas you submit. If we use them, or anything like them,
we don’t have to pay you or anyone else for them. We
will have the exclusive ownership of all present and
future rights to submissions of any kind. We can use
them for any purpose we deem appropriate to our
DougStratemeyer.com mission, without compensating you or
anyone else for them.
You acknowledge that you are responsible for any
submission you make. This means that you (and not we)
have full responsibility for the message, including its
legality, reliability, appropriateness, originality, and
copyright.
Limitation of Liability
DougStratemeyer.com WILL NOT BE
LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR
RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY
CAUSED BY ANY:
-
USE OF (OR INABILITY TO USE) THE SITE
-
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU
HYPERLINK FROM OUR SITE
-
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU
EXPECTED OR DESIRED
-
ERROR ON OUR SITE
-
OMISSION ON OUR SITE
-
INTERRUPTION OF AVAILABILITY OF OUR SITE
-
DEFECT ON OUR SITE
-
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
-
COMPUTER VIRUS OR LINE FAILURE
-
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES,
INCLUDING:
-
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY
FOR A LOSS OR INJURY
-
DAMAGES REASONABLY EXPECTED TO RESULT FROM A
LOSS OR INJURY (KNOWN IN LEGAL TERMS AS
"CONSEQUENTIAL DAMAGES.")
-
OTHER MISCELLANEOUS DAMAGES AND EXPENSES
RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN
IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT
OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR
"CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE
STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY
WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO
RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL
LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY
KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF
A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR
OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY
OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT
YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to
and links to other World Wide Web sites from our site.
Such a link should not be seen as an endorsement,
approval or agreement with any information or resources
offered at sites you can access through our site. If in
doubt, always check the Uniform Resource Locator (URL)
address provided in your WWW browser to see if you are
still in a DougStratemeyer.com-operated site or have
moved to another site. DougStratemeyer.com is not
responsible for the content or practices of third party
sites that may be linked to our site. When
DougStratemeyer.com provides links or references to
other Web sites, no inference or assumption should be
made and no representation should be inferred that
DougStratemeyer.com is connected with, operates or
controls these Web sites. Any approved link must not
represent in any way, either explicitly or by
implication, that you have received the endorsement,
sponsorship or support of any DougStratemeyer.com site
or endorsement, sponsorship or support of
DougStratemeyer.com, including its respective employees,
agents or directors.
Termination of This Agreement
This agreement is effective
until terminated by either party. You may terminate this
agreement at any time, by destroying all materials
obtained from all DougStratemeyer.com Web site, along
with all related documentation and all copies and
installations. DougStratemeyer.com may terminate this
agreement at any time and without notice to you, if, in
its sole judgment, you breach any term or condition of
this agreement. Upon termination, you must destroy all
materials. In addition, by providing material on our Web
site, we do not in any way promise that the materials
will remain available to you. And DougStratemeyer.com is
entitled to terminate all or any part of any of its Web
site without notice to you.
Jurisdiction and Other Points
to Consider
If you use our site from locations
outside of the United States, you are responsible for
compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and
enforced in accordance with the laws of the Washington,
as it is applied to agreements entered into and to be
performed entirely within such jurisdiction.
To the extent you have in any manner violated or
threatened to violate DougStratemeyer.com and/or its
affiliates' intellectual property rights,
DougStratemeyer.com and/or its affiliates may seek
injunctive or other appropriate relief in any state or
federal court in the State of Washington, and you
consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Redmond,
Washington. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by
each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to
submit the dispute to binding arbitration at the
following location: Redmond, Washington, under the rules
of the American Arbitration Association. Judgment upon
the award rendered by the arbitration may be entered in
any court with jurisdiction to do so.
DougStratemeyer.com may modify these Terms of Use, and
the agreement they create, at any time, simply by
updating this posting and without notice to you. This is
the ENTIRE agreement regarding all the matters that have
been discussed.
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