Web Site Agreement
The House Painting Business Web Site (the "Site") is an online
information service provided by Mountain-websites.com ("House
Painting Business "), subject to your compliance with the terms
and conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR
USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
House Painting Business MAY MODIFY THIS AGREEMENT AT ANY TIME,
AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are House Painting Business , its affiliates or
other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN
ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your
own non-commercial use provided that you agree not to change or
delete any copyright or proprietary notices from the materials.
You agree to grant to House Painting Business a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation,
ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by e-mail to House
Painting Business by all means and in any media now known or
hereafter developed. You also grant to House Painting Business
the right to use your name in connection with the submitted
materials and other information as well as in connection with
all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against
House Painting Business for any alleged or actual infringement
or misappropriation of any proprietary right in your
communications to House Painting Business .
TRADEMARKS.
Publications, products, content or services referenced herein
or on the Site are the exclusive trademarks or servicemarks of
House Painting Business . Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by House Painting
Business , House Painting Business does not operate, control or
endorse any information, products or services on the Internet
in any way. Except for House Painting Business - identified
information, products or services, all information, products
and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated
with House Painting Business a. You also understand that House
Painting Business cannot and does not guarantee or warrant that
files available for downloading through the Site will be free
of infection or viruses, worms, Trojan horses or other code
that 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 the Site for the reconstruction of any lost
data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. House Painting Business PROVIDES THE
SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND House
Painting Business SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. House Painting
Business DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL
BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT
YOUR RISK. House Painting Business HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL House Painting Business BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF House Painting Business OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, House Painting Business
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
House Painting Business makes no representations whatsoever
about any other web site which you may access through this one
or which may link to this Site. When you access a non-House
Painting Business web site, please understand that it is
independent from House Painting Business , and that House
Painting Business has no control over the content on that web
site. In addition, a link to a House Painting Business web site
does not mean that House Painting Business endorses or accepts
any responsibility for the content, or the use, of such web
site.
3. Indemnification.
You agree to indemnify, defend and hold harmless House Painting
Business , its officers, directors, employees, agents,
licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from
any violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing the
Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of House Painting
Business and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers
to the Service. Each of these individuals or entities shall
have the right to assert and enforce those provisions directly
against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this
Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of The United States of America
applicable to agreements made and to be performed in The United
States of America. You agree that any legal action or
proceeding between House Painting Business and you for any
purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in The United States of
America . Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year
after the claim or cause of action arises or such claim or
cause of action is barred. House Painting Business 's failure
to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of
this Agreement. House Painting Business may assign its rights
and duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.
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