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Terms of Use PDF Print E-mail

Welcome to our site. We maintain this website as a service to our customers. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain products or services from this site.

1. ACCEPTANCE OF AGREEMENT. You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, its content, and the subject matter of this Agreement. This Agreement may be amended at any time, from time to time, by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. COPYRIGHT. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site, except as allowed by Section 4 of this Agreement, is strictly prohibited. You do not acquire ownership right to any content, document, or other materials viewed through the Site. The posting of information of materials on the Site does not constitute a waiver of any right in such information and materials.

3. TRADEMARKS. Our company, its name, and products and those of our affiliates, and others are either trademarks or registered trademarks of the companies. Other product and company names mentioned on the Site may be trademarks of their respective owners.

4. LIMITED RIGHT TO USE. The viewing, printing, or downloading of any content, graphic, form, or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

5. EDITING, DELETING, AND MODIFICATION. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Site.

6. INDEMNIFICATION. You agree to indemnify, defend, and hold us and our officers, directors, shareholders, partners, attorneys, staff, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Site.

7. NONTRANSFERABLE. Your right to use the Site is not transferable. Any password or right given to you to obtain, view, or download information or documents is not transferable.

8. DISCLAIMER AND LIMITS. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE IN OR IN ANY WAY CONNECTED OR LINKED TO OUR SITE IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES, OR INFORMATION.

PLEASE READ OUR DISCLAIMER FOR ADDITIONAL INFORMATION.

9. USE OF INFORMATION. We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

10. THIRD-PARTY SERVICES. We may allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

11. THIRD-PARTY MERCHANT POLICIES. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

12. PRIVACY POLICY. Our Privacy Policy, as it may change from time to time, is a part of this Agreement and can be viewed by clicking HERE.

13. OPINIONS AND STATEMENTS. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intents,” and similar expressions are statements and/or opinions based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities.

14. LINKS TO OTHER WEBSITES. The Site contains links to other websites. We are not responsible for the content, accuracy, or opinions express in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decided to leave our Site and access these third-party sites, you do so at your own risk.

15. USE OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS. If this website contains bulletin boards, chat rooms, or other message or communication facilities (collectively “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
a. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
b. Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information;
c. 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;
d. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
e. Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded;
f. Falsify the origin or source of software or other material contained in a file that is uploaded;
g. Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters; or
h. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by us or our affiliates, and such communications shall not be considered reviewed, screened, or approved by us or our affiliates. We reserve the right for any reason to remove without notice any contents of the Forums received from users including, without limitation, bulletin board postings. We reserve the right to deny in our sole discretion any user access to this website or any portion thereof without notice.

16. COPYRIGHTS AND COPYRIGHT AGENTS. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the site is Entity Services, Inc., which can be reached as follows:
By mail:
Entity Services, Inc.
Copyright Agent
967 E. Parkcenter Blvd., #311
Boise, Idaho 83706
Phone: 208-672-1038

17. INFORMATION AND PRESS RELEASES. The Site may contain information and press releases about us. While this information, if any, was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

18. MISCELLANEOUS. This Agreement shall be treated as though it were executed and performed in Ada County, Idaho, and shall be governed by and construed in accordance with the laws of the state of Idaho (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products, or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Boise, Idaho. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 

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