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Terms
Of Use & Service
IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN
YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY.
BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT
AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE
ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS
DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE
IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF
THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS
THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE
NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE
TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION
OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD ONLINE PRIVACY
ACT (COPA) AND IS NOT MONITORED AS DOING SO.
To access this site or some of the resources it has to offer,
you may be asked to provide certain registration details or
other information. It is a condition of your use of this
site that all the information you provide on this site will be
correct, current, and complete. If our Company believes
the information you provide is not correct, current, or
complete, we have the right to refuse you access to this site or
any of its resources, and to terminate or suspend your access at
any time, without notice.
Restrictions On Use
You may use this site for purposes expressly permitted by
this site. You may not use this site for any other
purpose, including any commercial purpose, without our Company's
express prior written consent. For example, you may not
(and may not authorize any other party to) (i) co-brand
this site, or (ii) frame this site, or (iii) hyper-link to this
site, without the express prior written permission of an
authorized representative of our Company.
For purposes of these Terms of Use, "co-branding"
means to display a name, logo, trademark, or other means of
attribution or identification of any party in such a manner as
is reasonably likely to give a user the impression that such
other party has the right to display, publish, or distribute
this site or content accessible within this site. You
agree to cooperate with our Company in
causing any unauthorized co-branding, framing or hyper-linking
immediately to cease.
Proprietary Information
The material and content (hereinafter referred to as the
"Content") accessible from this site, and any other
World Wide Web site owned, operated, licensed, or controlled by
our Company is
the proprietary information of our Company or
the party that provided the Content to our Company,
and our Company or
the party that provided the Content to our Company retains
all right, title, and interest in the Content.
Accordingly, the Content may not be copied, distributed,
republished, uploaded, posted, or transmitted in any way without
the prior written consent of our Company,
or unless authorized in writing elsewhere on our site, except
that you may print out a copy of the Content solely for your
personal use. In doing so, you may not remove or alter, or
cause to be removed or altered, any copyright, trademark, trade
name, service mark, or any other proprietary notice or legend
appearing on any of the Content. Modification or use of
the Content except as expressly provided in these Terms of Use
violates our Company's
intellectual property rights. Neither title nor
intellectual property rights are transferred to you by access to
this site.
Hyper-Links
This site may be hyper-linked to other sites which are not
maintained by, or related to, ourCompany.
Hyper-links to such sites are provided as a service to users and
are not sponsored by or affiliated with this site or our Company.
Our Company has
not reviewed any or all of such sites and is not responsible for
the content of those sites. Hyper-links are to be accessed
at the user's own risk, and our Company makes
no representations or warranties about the content, completeness
or accuracy of these hyper-links or the sites hyper-linked to
this site. Further, the inclusion of any hyper-link to a
third-party site does not necessarily imply endorsement by our Company of
that site.
Submissions
You hereby grant to our Company the
royalty-free, perpetual, irrevocable, worldwide, non-exclusive
right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform,
and display all content, remarks, suggestions, ideas, graphics,
or other information communicated to our Company through
this site (together, hereinafter known as the
"Submission"), and to incorporate any Submission in
other works in any form, media, or technology now known or later
developed. Our Company will
not be required to treat any Submission as confidential, and may
use any Submission in its business (including without
limitation, for products or advertising) without incurring any
liability for royalties or any other consideration of any kind,
and will not incur any liability as a result of any similarities
that may appear in future Company
operations.
Our Company will
treat any personal information that you submit through this site
in accordance with its Privacy Policy as set forth on this site.
Disclaimer
You understand that our Company cannot
and does not guarantee or warrant that files available for
downloading from the Internet will be free of viruses, worms,
Trojan horses or other code that may manifest contaminating or
destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and
output, and for maintaining a means external to this site for
the reconstruction of any lost data. OurCompany does
not assume any responsibility or risk for your use of the
Internet.
The Content is not necessarily complete and up-to-date and
should not be used to replace any written reports, statements,
or notices provided by Company.
Investors, borrowers, and other persons should use the Content
in the same manner as any other educational medium and should
not rely on the Content to the exclusion of their own
professional judgment. Information obtained by using this
site is not exhaustive and does not cover all issues, topics, or
facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The
Content is provided “as is” and without warranties of any
kind, either expressed or implied. Our Company disclaims
all warranties, including any implied warranties of
merchantability, fitness for a particular purpose, TITLE, OR
NON-INFRINGEMENT. Judy H. Wright does
not warrant that the functions OR CONTENT contained in this site
will be uninterrupted or error-free, that defects will be
corrected, or that this site or the server that makes it
available are free of viruses or other harmful components. Judy
H. Wright does not warrant or make any representation regarding
use, or the result of use, of the content in terms of accuracy,
reliability, or otherwise. The content may include
technical inaccuracies or typographical errors, and Judy
H. Wright may
make changes or improvements at any time. You, and not
Judy H. Wright, assume the entire cost of all necessary
servicing, repair or correction IN THE EVENT OF ANY LOSS OR
DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.
Judy H. Wright MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT
WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in
nature or forward-looking, speaks only as of the date the
information is posted on this site, and Judy
H. Wright does
not undertake any obligation to update such information after it
is posted or to remove such information from this site if it is
not, or is no longer, accurate or complete.
Limitation On Liability
Judy H. Wright, ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY
INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE
OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR
DAMAGES, EVEN IF Judy H. Wright HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE
COLLECTIVE LIABILITY OF Judy H. Wright AND ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE
PAID TO Judy H. Wright FOR THE APPLICABLE CONTENT, PRODUCT OR
SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold Judy
H. Wright, its subsidiaries, affiliates, licensors, content
providers, service providers, employees, agents, officers,
directors, and contractors (hereinafter known as the
"Indemnified Parties") harmless from any breach of
these Terms of Use by you, including any use of Content other
than as expressly authorized in these Terms of Use. You
agree that the Indemnified Parties will have no liability in
connection with any such breach or unauthorized use, and you
agree to indemnify any and all resulting loss, damages,
judgments, awards, costs, expenses, and attorney's fees of the
Indemnified Parties in connection therewith. You will also
indemnify and hold the Indemnified Parties harmless from and
against any claims brought by third parties arising out of your
use of the information accessed from this site.
Trademarks
Trademarks, service marks, and logos appearing in this site
are the property of Judy
H. Wright or
the party that provided the trademarks, service marks, and logos
to Judy H.
Wright. Judy H. Wright and any party that provided
trademarks, service marks, and logos to Judy
H. Wright retain
all rights with respect to any of their respective trademarks,
service marks, and logos appearing in this site.
Information You Provide
You may not post, send, submit, publish, or transmit in
connection with this site any material that:
- you do not have the right to post, including proprietary
material of any third party;
- advocates illegal activity or discusses an intent to
commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades
privacy, stalks, is obscene, pornographic, racist, abusive,
harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to
inappropriate content, asking for personally identifiable
details or otherwise;
- infringes any intellectual property or other right of any
entity or person, including violating anyone’s copyrights
or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other
entity or person or otherwise manipulates headers or
identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for
sale products or services) or otherwise engages in any
commercial activity (e.g., conducting raffles or contests,
displaying sponsorship banners, and/or soliciting goods or
services) except as may be specifically authorized on this
site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or
Trojan horses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to
scroll faster than other users are able to type, or
otherwise act in a way which affects the ability of other
people to engage in real time activities via this site;
- includes MP3 format files;
- amounts to a 'pyramid' or similar scheme;
- disobeys any policy or regulations established from time
to time regarding use of this site or any networks connected
to this site; or
- contains hyper-links to other sites that contain content
that falls within the descriptions set forth above.
Although under no obligation to do so, Judy H. Wright
reserves the right to monitor use of this site to determine
compliance with these Terms of Use, as well the right to remove
or refuse any information for any reason. Notwithstanding
these rights, you remain solely responsible for the content of
your submissions. You acknowledge and agree that neither Judy
H. Wright nor
any third party that provides Content to Judy
H. Wright will
assume or have any liability for any action or inaction by Judy
H. Wright or
such third party with respect to any submission.
Security
Any passwords used for this site are for individual use only.
You will be responsible for the security of your password (if
any). Judy H. Wright will be entitled to monitor your
password and, at its discretion, require you to change it.
If you use a password that Judy
H. Wright considers
insecure, Judy
H. Wright will
be entitled to require the password to be changed and/or
terminate your account.
You are prohibited from using any services or facilities
provided in connection with this site to compromise security or
tamper with system resources and/or accounts. The use or
distribution of tools designed for compromising security (e.g.,
password guessing programs, cracking tools or network probing
tools) is strictly prohibited. If you become involved in any
violation of system security, Judy
H. Wright reserves
the right to release your details to system administrators at
other sites in order to assist them in resolving security
incidents. Judy H. Wright reserves the right to investigate
suspected violations of these Terms of Use.
Judy H. Wright reserves the right to fully
cooperate with any law enforcement authorities or court order
requesting or directing Judy
H. Wright to
disclose the identity of anyone posting any e-mail messages, or
publishing or otherwise making available any materials that are
believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD
HARMLESS Judy H. Wright FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY Judy H. Wright DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER Judy H. Wright OR LAW ENFORCEMENT
AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant
to the laws of California, United States of America,
notwithstanding any principles of conflicts of law. You
specifically consent to personal jurisdiction in Washington in
connection with any dispute between you and Judy
H. Wright arising
out of these Terms of Use or pertaining to the subject matter
hereof. The parties to these Terms of Use each agree that
the exclusive venue for any dispute between the parties arising
out of these Terms of Use or pertaining to the subject matter of
these Terms of Use will be in the state and federal courts in
Los Angeles, California. If any part of these Terms of Use
is unlawful, void or unenforceable, that part will be deemed
severable and will not affect the validity and enforceability of
any remaining provisions. These Terms of Use constitute the
entire agreement among the parties relating to this subject
matter. Notwithstanding the foregoing, any additional
terms and conditions on this site will govern the items to which
they pertain. Judy
H. Wright may revise these Terms of Use at any time by
updating this posting.
Contact
Information
Judy H. Wright
2400 W. Central Ave
Missoula, Montana 59801
judy@artichokepress.com
http://www.ArtichokePress.com
© 2009 Judy
H. Wright
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