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Terms of Use
Copyright
Disclaimer
Privacy
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Introduction
For convenience of reference in this document, 'author' shall refer to Richard
J. Wells, 'this web site' shall refer to any and all files and services which
collectively define the strongsignals.net web site, and 'user' shall refer to
any individual or file system access program which accesses the Strong Signals
web site by any means including, but not limited to, a web browser, FTP,
TELNET, or Gopher.
Terms of Use
This Agreement (the "Agreement") sets forth the terms and conditions for your
use of the Strong Signals web site and the services and features available to
site visitors. Your use of thise web site and services constitutes your
agreement to these terms and conditions.
- Agreement to Terms.
By using this site, you signify that you agree to these Terms of Use. In
addition, when using particular services available on this site, you will be
subject to any posted guidelines or rules applicable to such services which may
be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the Terms of Use. If you do not agree to the
Terms of Use, please do not use the site.
- Use of Site Communications.
In connection with your use of any of the chat area, message boards, e-mail or
other public communication elements of this site, you may not upload to,
distribute through, or otherwise publish through this site any content which is
libelous, defamatory, obscene, pornographic, threatening, invasive of privacy
or publicity rights, abusive, illegal, or otherwise objectionable that would
constitute or encourage a criminal offense, violate the rights of any party, or
that would otherwise give rise to liability, or violates any law. Your use of
this site must only be in a noncommercial manner. You cannot, without our
express approval, distribute or otherwise publish any material containing any
solicitation of funds, promotion, advertising, or solicitation for goods or
services.
- Public Communications.
You acknowledge and agree that any public communications made to or by means of
any portion of this web site are public. You acknowledge that you have no
expectation of privacy in any public communication and that no confidential,
fiduciary, contractually implied or other relationship is created between you
and the author by reason of your transmitting a public communication to any
area of this web site.
- Links
This site includes links to other Internet sites solely as a convenience to
users. The author does not endorse any such linked sites or the information,
material, products or services contained on other linked sites or accessible
through other linked sites. Furthermore, the author makes no express or implied
warranties with regard to the information, material, products or services that
are contained on or accessible through linked sites. Access and use of linked
sites, including information, material, products and services on linked sites
or available through linked sites is solely at the user's own risk.
- Indemnification.
You hereby agree to indemnify, defend and hold harmless the author and its
affiliates from and against any and all liability and costs incurred by the
author or the affiliates in connection with any claim arising out of any breach
or alleged breach of any of your obligations set forth herein.
- Submissions.
Our site policy does not allow us to accept or consider creative ideas,
suggestions, or materials other than those it has specifically requested.
Accordingly, we must request that no visitors to this site submit or send any
original creative materials, including but not limited to submissions of
technical data, drawings, photographs, information, suggestions, ideas or
concepts. If at our request you send certain specific submissions (e.g.,
postings to chats, surveys, message boards, contests, or similar items) or,
despite our request that you not send us any other creative materials, you send
us creative suggestions, ideas, notes, drawings, concepts, or other information
(collectively the "Submissions") shall be deemed and shall remain the property
of the author in perpetuity. By making any Submission, the sender automatically
grants, or warrants that the owner of such material expressly grants, the
author the royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate, and distribute
such material (in whole or in part) throughout the universe and/or to
incorporate it in other works in any form, media or technology now known or
hereafter developed, for the full term of any copyright, trademark or patent
that may exist in such material for any purpose that the author chooses,
whether internal, public, commercial, or otherwise, without any compensation,
credit or notice to the sender whatsoever. The sender waives all so-called
"moral rights" in all Submissions. The sender further waives the right to make
any claims against the author relating to unsolicited submissions, including,
but not limited to, unfair competition, breach of implied contract and/or
breach of confidentiality.
- Disclaimer of Warranties.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, THE AUTHOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE MATERIALS 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. THE AUTHOR DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT THE AUTHOR) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
- Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE
AUTHOR BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE, EVEN IF THE AUTHOR OR
AN AUTHORIZED REPRESENTATIVE HAS ADVISED YOU OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AUTHOR'S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR
OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE).
- Modifications.
(a) To the Agreement. The author has the right, at our discretion to change,
modify, add, or remove portions of these Terms of Use and any policies
affecting this web site at any time. Any modification is effective immediately
upon posting to this web site. Your continued use of this web Site following
notice of any modification to this agreement shall be conclusively deemed an
acceptance of all such modification(s). Please check these terms periodically
for changes.
(b) To this web site. The author has the right to modify, suspend or
discontinue this web site or any portion thereof at any time, including the
availability of any area of this web site, including without limitation the
fee-based services. The author may also impose limits on certain features and
services or restrict your access to parts or all of this web site without
notice or liability.
- Termination.
You agree that the author, in its sole discretion, may terminate any account
(or any part thereof) you may have with us or use of the web site and remove
and discard all or any part of your account or any Submissions, for any reason
whatsoever in the author's sole discretion. The author may also in its sole
discretion and at any time discontinue providing this site, or any part
thereof, with or without notice. You agree that any termination of your access
to the site or any account you may have or portion thereof may be effected
without prior notice, and you agree that the author shall not be liable to you
or any third-party for any such termination.
- No-Commercialization Policy.
You agree to use this web site and all features and services only in a
noncommercial manner and in compliance with the author's No-Commercialization
Policy. Additionally, you specifically agree not to post, transmit or otherwise
distribute to this web site or any porition thereof any material containing any
solicitation of funds, advertising or solicitation for goods or services.
- Miscellaneous.
The failure of the author to exercise or enforce any right or provision of the
Terms of Service shall not constitute a waiver of such right or provision.
These terms shall be governed by and construed in accordance with the laws of
the State of North Carolina, without giving effect to any principles of
conflicts of law. You agree that any action at law or in equity arising out of
or relating to these terms or the Web site shall be filed only in the state or
federal courts in and for Johnston County, North Carolina and you hereby
consent and submit to the personal jurisdiction of such courts for the purposes
of litigating any such action. If any provision of these terms shall be
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from these terms and shall not affect the validity and
enforceability of any remaining provisions. Recognizing the global nature of
the Internet, you agree to comply with all local rules regarding online conduct
and acceptable materials. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical or other data exported from the
United States or the country in which you reside.
- Ability to comply.
You represent and warrant to the author that you are of right and ability to
enter into this Agreement and to use this web site in accordance with this
Agreement.
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