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TERMS AND CONDITIONS OF USE
We have taken every effort to design our Web site to be useful,
informative, helpful, honest and fun. Hopefully we’ve
accomplished that — and would ask that you let us know if
you’d like to see improvements or changes that would make it
even easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and
Conditions. Take a few minutes to look them over because by using our
site you automatically agree to them. Naturally, if you don’t
agree, please do not use the site. We reserve the right to make any
modifications that we deem necessary at any time. Please continue to
check these terms to see what those changes may be! Your continued
use of the TopDrawerPublications.com Web site means that you accept
those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the TopDrawerPublications.com site,
including, without limitation, text, software, names, logos,
trademarks, service marks, trade names, images, photos,
illustrations, audio clips, video clips, and music are copyrighted
intellectual property. All usage rights are owned and controlled by
TopDrawerPublications.com. You, the visitor, may download Online
Materials for non-commercial, personal use only provided you 1)
retain all copyright, trademark and propriety notices, 2) you make no
modifications to the materials, 3) you do not use the materials in a
manner that suggests an association with any of our products,
services, events or brands, and 4) you do not download quantities of
materials to a database, server, or personal computer for reuse for
commercial purposes. You may not, however, copy, reproduce,
republish, upload, post, transmit or distribute Online Materials in
any way or for any other purpose unless you get our written
permission first. Neither may you add, delete, distort or
misrepresent any content on the TopDrawerPublications.com site. Any
attempts to modify any Online Material, or to defeat or circumvent
our security features is prohibited.
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data
accompanying it, is considered licensed to you by
TopDrawerPublications.com or third-party licensors for your personal,
non-commercial home use only. We do not transfer title of the
software to you. That means that we retain full and complete title to
the software and to all of the associated intellectual-property
rights. You’re not allowed to redistribute or sell the material
or to reverse-engineer, disassemble or otherwise convert it to any
other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other
information that you send to TopDrawerPublications.com through our
site (other than information we promise to protect under our privacy
policy becomes and remains our property, even if this agreement is
later terminated.
That means that we don’t have to treat any such submission as
confidential. You can’t sue us for using ideas you submit. If we
use them, or anything like them, we don’t have to pay you or
anyone else for them. We will have the exclusive ownership of all
present and future rights to submissions of any kind. We can use them
for any purpose we deem appropriate to our TopDrawerPublications.com
mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make.
This means that you (and not we) have full responsibility for the
message, including its legality, reliability, appropriateness,
originality, and copyright.
Limitation of Liability
TopDrawerPublications.com WILL NOT BE LIABLE FOR ANY DAMAGES OR
INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
-
USE OF (OR INABILITY TO USE) THE SITE
-
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR
SITE
-
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
-
ERROR ON OUR SITE
-
OMISSION ON OUR SITE
-
INTERRUPTION OF AVAILABILITY OF OUR SITE
-
DEFECT ON OUR SITE
-
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
-
COMPUTER VIRUS OR LINE FAILURE
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PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
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DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
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DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN
LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
-
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A
LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL
DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE
LIABILITY FOR THESE "INCIDENTAL" OR
"CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE
STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD
MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE
CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY
NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER
ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID
IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web
sites from our site. Such a link should not be seen as an
endorsement, approval or agreement with any information or resources
offered at sites you can access through our site. If in doubt, always
check the Uniform Resource Locator (URL) address provided in your WWW
browser to see if you are still in a
TopDrawerPublications.com-operated site or have moved to another
site. TopDrawerPublications.com is not responsible for the content or
practices of third party sites that may be linked to our site. When
TopDrawerPublications.com provides links or references to other Web
sites, no inference or assumption should be made and no
representation should be inferred that TopDrawerPublications.com is
connected with, operates or controls these Web sites. Any approved
link must not represent in any way, either explicitly or by
implication, that you have received the endorsement, sponsorship or
support of any TopDrawerPublications.com site or endorsement,
sponsorship or support of TopDrawerPublications.com, including its
respective employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You may
terminate this agreement at any time, by destroying all materials
obtained from all TopDrawerPublications.com Web site, along with all
related documentation and all copies and installations.
TopDrawerPublications.com may terminate this agreement at any time
and without notice to you, if, in its sole judgment, you breach any
term or condition of this agreement. Upon termination, you must
destroy all materials. In addition, by providing material on our Web
site, we do not in any way promise that the materials will remain
available to you. And TopDrawerPublications.com is entitled to
terminate all or any part of any of its Web site without notice to
you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you
are responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the Delaware, as it is applied to
agreements entered into and to be performed entirely within such
jurisdiction.
To the extent you have in any manner violated or threatened to
violate TopDrawerPublications.com and/or its affiliates' intellectual
property rights, TopDrawerPublications.com and/or its affiliates may
seek injunctive or other appropriate relief in any state or federal
court in the State of Delaware, and you consent to exclusive
jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: Newark. Any costs and fees other than attorney
fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding
arbitration at the following location: Newark, under the rules of the
American Arbitration Association. Judgment upon the award rendered by
the arbitration may be entered in any court with jurisdiction to do
so.
TopDrawerPublications.com may modify these Terms of Use, and the
agreement they create, at any time, simply by updating this posting
and without notice to you. This is the ENTIRE agreement regarding all |