AGREEMENT BETWEEN USER
AND Highland Park
The Highland Park Web Site is
comprised of various Web pages operated by Highland
Park.
The Highland Park Web Site is offered to you
conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of
the Highland Park Web Site constitutes your agreement to all
such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF
USE
Highland Park reserves the right to change
the terms, conditions, and notices under which the Highland
Park Web Site is offered, including but not limited to the
charges associated with the use of the Highland Park Web
Site.
LINKS TO THIRD PARTY
SITES
The Highland Park Web Site may contain
links to other Web Sites (“Linked Sites”). The Linked Sites
are not under the control of Highland Park and Highland Park
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. Highland
Park is not responsible for webcasting or any other form of
transmission received from any Linked Site. Highland Park is
providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Highland
Park of the site or any association with its
operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use of the
Highland Park Web Site, you warrant to Highland Park that you
will not use the Highland Park Web Site for any purpose that
is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Highland Park Web Site in any
manner which could damage, disable, overburden, or impair the
Highland Park Web Site or interfere with any other party’s use
and enjoyment of the Highland Park 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 Highland Park Web Sites.
USE OF COMMUNICATION
SERVICES
The Highland Park 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.
Highland Park has no obligation to monitor the
Communication Services. However, Highland Park reserves the
right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. Highland
Park reserves the right to terminate your access to any or all
of the Communication Services at any time without notice for
any reason whatsoever.
Highland Park 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 Highland
Park’s sole discretion.
Always use caution when giving
out any personally identifying information about yourself or
your children in any Communication Service. Highland Park does
not control or endorse the content, messages or information
found in any Communication Service and, therefore, Highland
Park 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 Highland Park spokespersons, and their
views do not necessarily reflect those of Highland
Park.
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 Highland Park OR POSTED
AT ANY Highland Park WEB SITE
Highland Park does
not claim ownership of the materials you provide to Highland
Park (including feedback and suggestions) or post, upload,
input or submit to any Highland Park Web Site or its
associated services (collectively “Submissions”). However, by
posting, uploading, inputting, providing or submitting your
Submission you are granting Highland Park, 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. Highland
Park is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in
Highland Park’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 Highland
Park WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. Highland Park AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE Highland Park WEB SITE AT
ANY TIME. ADVICE RECEIVED VIA THE Highland Park 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.
Highland Park 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 Highland Park 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. Highland
Park 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
Highland Park 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 Highland
Park WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Highland
Park 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
Highland Park WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE Highland Park WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Highland
Park 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 Highland Park WEB SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
Highland Park WEB SITE.
SERVICE CONTACT : jmerrill@gomerrill.com
TERMINATION/ACCESS
RESTRICTION
Highland Park reserves the right, in
its sole discretion, to terminate your access to the Highland
Park 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 Highland Park Web Site. Use of the Highland
Park 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 Highland Park as a
result of this agreement or use of the Highland Park Web Site.
Highland Park’s performance of this agreement is subject to
existing laws and legal process, and nothing contained in this
agreement is in derogation of Highland Park’s right to comply
with governmental, court and law enforcement requests or
requirements relating to your use of the Highland Park Web
Site or information provided to or gathered by Highland Park
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 Highland Park with respect to
the Highland Park Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Highland
Park with respect to the Highland Park 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 Highland Park Web
Site are: Copyright © 2005 Highland Park 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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