BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS OF
SERVICE.
Welcome to RobertStrongWoodward.com (the "Site"), an
informational service provided by Mark L. Purinton. These
Terms of Service may be changed in the future without
further notice. Your continued use of the Site after any
such changes constitutes your acceptance of the new Terms of
Service.
Copyright
All Site materials, including, without limitation, the
Robert Strong Woodward artwork are Copyright ©
RobertStrongWoodward.com and/or Mark L. Purinton,
ALL RIGHTS RESERVED. Except as stated herein, none of the
material on the Site may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in
any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording or
otherwise, without the prior written permission of Mark L.
Purinton or the respective copyright owner. Permission is
granted to display and use the materials on the Site for
personal, noncommercial and informational use only, provided
that you may not, without the permission of
RobertStrongWoodward.com or the respective copyright owner,
(a) copy, publish, duplicate, or distribute any materials,
(b) modify the materials or (c) remove or alter any
copyright or other proprietary notices contained in the
materials.
Site Access
RobertStrongWoodward.com allows you to make personal use
only of the Site. Such use does not include, without
limitation: (a) any resale or commercial use of the Site or
content therein; (b) making derivative uses of the Site or
its contents; or (c) use of any data mining, robots or
similar data gathering and extraction methods. You are not
conveyed any right or license by implication or otherwise in
or under any patent, trademark, copyright or proprietary
right of RobertStrongWoodward.com or any third party.
You may not use framing techniques to enclose any
proprietary information (including the images found at the
Site, the content of the Site, or the layout/design of any
page or form contained on a page) without
RobertStrongWoodward.com's express written consent. Further,
you may not use any meta tags or any other "hidden text"
utilizing a RobertStrongWoodward.com name, trademark or
product name without RobertStrongWoodward.com's express
written consent.
Linking
You may create a hyperlink to the Site provided such link
and the content associated with the link do not portray
RobertStrongWoodward.com or any of its products and services
in a false, misleading, derogatory or otherwise defamatory
manner. You may not use a RobertStrongWoodward.com logo or
other proprietary graphic or trademark of
RobertStrongWoodward.com to link to the Site without the
express written permission of RobertStrongWoodward.com. This
permission may be revoked at any time.
RobertStrongWoodward.com makes no claim or representation
regarding, and accepts no responsibility for, the quality,
content, nature or reliability of sites accessible by
hyperlink from the Site, or sites linking to the Site. These
linked sites are not under the control of
RobertStrongWoodward.com and RobertStrongWoodward.com is not
responsible for the content of any linked site or any link
contained in a linked site, or any review, changes or
updates to such sites. RobertStrongWoodward.com is providing
these links to you only as a convenience, and the inclusion
of any link does not imply affiliation, endorsement or
adoption by RobertStrongWoodward.com of the site or any
information contained therein. When leaving the
RobertStrongWoodward.com site, you should be aware that
RobertStrongWoodward.com's terms and policies no longer
govern, and therefore you should review the applicable terms
and policies, including privacy and data-gathering
practices, of that site.
Use of the Site
In using the Site, you agree:
- Not to disrupt or interfere with the security of, or
otherwise abuse, the Site, or any services, system
resources, accounts, servers or networks connected to or
accessible through the Site or affiliated or linked Web
sites
- Not to disrupt or interfere with any other user's
enjoyment of the Site or affiliated or linked Web sites
- Not to attempt to obtain unauthorized access to the
Site or portions of the Site that are restricted from
general access
In addition, you agree that you will comply with all
applicable local, state, national and international laws and
regulations that relate to your use of or activities on the
Site. Furthermore, RobertStrongWoodward.com is not
responsible for the delivery or quality of any goods or
services sold or advertised by third parties through or on
the Site.
In cases where RobertStrongWoodward.com owns the relevant
item of content, RobertStrongWoodward.com will reply to
complaints. In cases where RobertStrongWoodward.com has
received the item of content from a third party content
provider, RobertStrongWoodward.com will pass complaints
along to that third party content provider for evaluation
and response.
Indemnification
You agree to indemnify and hold harmless
RobertStrongWoodward.com from any claim, action, demand,
loss or damages (including attorneys' fees) made or incurred
by any third party arising out of or relating to your
conduct, your use of the Site or the services offered
thereon, your violation of these Terms of Service, or your
violation of any rights of a third party.
Submissions
You agree that any materials, including but not limited
to questions, comments, suggestions, ideas, plans, notes,
drawings, original or creative materials or other
information, provided by you in the form of email or other
submission to RobertStrongWoodward.com are nonconfidential
and shall become the sole property of
RobertStrongWoodward.com. RobertStrongWoodward.com shall own
exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use of
these materials for any purpose, commercial or otherwise,
without acknowledgment or compensation to you. The
submission of any materials to RobertStrongWoodward.com
irrevocably waives any and all "moral rights" in such
materials, including the rights of paternity and integrity.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE SITE AND THE
INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE
THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR
SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, , ITS AFFILIATES, AND ITS SUPPLIERS DISCLAIM ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY OR ITS
SUPPLIERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE
LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH
INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL
CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR
ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU
UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA
AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT DOES NOT CONTROL IN ANY RESPECT ANY
INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES
ON OR THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN
WRITING, AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND
MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY,
CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT
OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES
THROUGH THE SITE.
AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SITE OR ITS
CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR
CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. AND ITS
SUPPLIERS DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THE
SITE OR INFORMATION PROVIDED BY VIA EMAIL OR OTHER MEANS ARE
ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DO
OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF OR ITS CONTENT OR AS TO THE
ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH USE OF THE SITE.
AND ITS SUPPLIERS ASSUME NO RESPONSIBILITY FOR ANY
DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO,
LOSS OF DATA FROM DELAYS, ERRORS, SYSTEM DOWN TIME, NETWORK
OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS
CAUSED BY THE NEGLIGENCE OF , ITS AFFILIATES, ITS LICENSORS
OR A USER'S OWN ERRORS AND/OR OMISSIONS.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION
NEGLIGENCE, SHALL OR ITS PARENTS, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING,
OR DISTRIBUTING THE SITE OR RELATED SERVICES BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE
USE OR INABILITY TO USE THE SITE OR ANY CONTENT PROVIDED BY
OR THROUGH THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER
INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER
INTANGIBLES, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH
JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW.
Applicable Law
These Terms of Service shall be governed by and construed
in accordance with the laws of the State of California,
without resort to its conflict of law provisions. You agree
that any action at law or in equity arising out of or
relating to these Terms of Service shall be filed only in
the Superior Court of San Francisco County, California, or
the United States District Court for the Northern District
of California, and you hereby irrevocably and
unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action or
proceeding arising out of these Terms of Service.
Termination
Notwithstanding any of these Terms of Service,
RobertStrongWoodward.com reserves the right, without notice
and in its sole discretion, to terminate your permission to
use the Site, for any or no reason, and to block or prevent
future access to and use of the Site.
RobertStrongWoodward.com may, in its sole discretion,
discontinue or alter any or all aspects of the Site or the
services offered thereon at any time without notice.
Miscellaneous
If any provision of these Terms of Service shall be
deemed unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from these Terms of
Service and shall not affect the validity and enforceability
of any remaining provisions. These Terms of Service
constitute the entire agreement of the parties with respect
to the subject matter hereof, and supersede all prior or
contemporaneous communications and proposals, whether oral
or written, between the parties with respect to such subject
matter. No waiver of any provision or any right granted
hereunder will be effective unless set forth in a written
instrument signed by the waiving party. No waiver by either
party of any breach or default hereunder shall be deemed a
waiver of any subsequent breach or default.