|
Terms
of Use -
Updated September
2005
Terms
of use; acceptance of contract terms
The following are terms of an agreement between you and Odette Van
Marter. By accessing, browsing, or using
http://users.adelphia.net/~vanmarter/ website, you acknowledge
that you have read, understood and agree to be bound by these terms
and the terms of our privacy policy. If you do not agree to these
terms and/or to the terms of our privacy policy, please do not use
the site. Users should check these terms of use and the privacy
policy periodically. By accessing, browsing or using the site after
these terms of use and/or the privacy policy are revised, you agree
to accept those revisions.
Users
Users agree to provide the site with accurate information in
connection with the purchase of any product or service purchased or
obtained via or in connection with the site.
The
Site
Odette Van Marter reserves the right, in her sole discretion, to
modify and/or discontinue any part of the site at any time, with or
without notice. Odette Van Marter authorizes you to view and
download the materials at this website ("site") only for your
personal, non-commercial use, provided that you retain all copyright
and other proprietary notices contained in the original materials on
any copies of the materials. You may not modify the materials at
this Site in any way or reproduce or publicly display, perform, or
distribute or otherwise use them for any public or commercial
purpose. Any use of these materials on any other website or
networked computer environment for any purpose is prohibited. The
materials at this site are copyrighted and any unauthorized use of
any materials at this site may violate copyright, trademark, and
other laws. If you breach any of these terms of use, your
authorization to use this site automatically terminates and you must
immediately destroy any downloaded or printed materials.
Links to Other Sites
The site may contain links to other sites hosted and/or maintained
by third parties. Odette Van Marter shall not be responsible for
the content of any third party sites that may be linked to or from
https://home.comcast.net/~tovanmarter/.
These links are provided for your convenience, and you use them at
your own risk. A link to a third party site is not an endorsement
of any third party site or service. Odette Van Marter does not
assume any responsibility or liability for the content or use of any
third party site or any third party's products and/or services.
Product/Service terms of use
Certain products and services available through this site may have
their own terms of use. You agree to be bound by the terms of the
purchase relating to the purchase of any products or services via
this site. You agree that in the event of any conflict between
these terms of use and the terms of your purchase, the terms of the
purchase shall control.
Software
Certain software ("software") that you may download from the site is
the copyrighted works of Odette Van Marter. Your use of the
software is governed by the terms of any end user license agreement
that accompanies the online download process. You may use the
software only in accordance with the terms of any accompanying
license agreement, and you are prohibited from using, reproducing,
copying, in whole or in part, distributing, decompiling, decrypting,
reverse engineering, disassembling, displaying, downloading,
storing, transmitting, distributing, selling or otherwise
commercially exploiting any part of the software. Any third party
software you may download via the site is subject to the terms and
conditions of the third party's license agreement with you, if any.
You hereby assure Odette Van Marter that you will not sublicense,
export, or transfer ownership rights in the Software. In addition,
you agree that you shall not violate any laws or regulations
regarding the export or distribution of software outside the United
States, including, but not limited to, encryption software.
Our Transmissions
Any material,
information or idea you transmit to or post on this site by any
means will be treated as non-confidential and non-proprietary, and
may be disseminated or used by Odette Van Marter for any purpose
whatsoever, including, but not limited to, developing, manufacturing
and marketing products and services. Notwithstanding the foregoing,
all personal data provided to Odette Van Marter will be handled in
accordance with Odette Van Marter's online Privacy Policy.
You are prohibited from posting or transmitting to or from this site
any unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material, or any
other material that could give rise to any civil or criminal
liability under the law.
Indemnification
You agree to indemnify and hold harmless Odette Van Marter from any
and all third party claims or demands, including reasonable
attorney's fees, arising out of your use of the site, your breach of
these terms of service and/or your infringement of any intellectual
property right(s).
Disclaimer and Limitation of Liability
Odette Van Marter assumes no liability for any errors or omissions
contained on or in the site. The site is offered to you on an "As
Is" basis without a warranty of any kind, either express or implied,
including without limitation, any warranty of merchantability or
fitness for a particular purpose.
ODETTE VAN MARTER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT
LIMITED TO LOST PROFITS, LOST SAVINGS OR LOST POSTAGE, ARISING OUT
OF THE USE OR INABILITY TO USE THE SITE EVEN IF
ODETTE
VAN MARTER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL
ODETTE VAN MARTER'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN
CONTRACT, TORT OR OTHERWISE, EXCEED ONE DOLLAR ($1.00).
Waiver
Odette Van Marter's failure to enforce the strict performance of any
provision of this Agreement will not constitute a waiver of its
right to subsequently enforce such provision or any other provisions
hereunder.
Choice
of Law and Jurisdiction
The validity and
interpretation of this agreement and the legal relations of the
parties to it shall be governed by the laws of the state of
Connecticut, without regard to its conflict of laws principles. In
the event of a dispute, the parties hereto agree to consent to the
exclusive jurisdiction of the state and federal courts of the state
of Connecticut.
Trademarks and Copyrights
The trademarks and service marks of Odette Van Marter are the
intellectual property of Odette Van Marter. All third party
trademarks on the site are the property of their respective owners
and are used with the owners' permission. Except as provided by
applicable law, the marks may not be used and/or reproduced without
the written permission of Odette Van Marter. Those uses that are
authorized must comply with Odette Van Marter's trademark usage
guidelines (provided when necessary upon request). All
copyrightable material ("material") on the site, including, but not
limited to, the arrangement and presentation of materials on the
site, is protected under copyright law as the exclusive property of
Odette Van Marter. The Material may not be used and/or reproduced
without the written permission of Odette Van Marter. Any third
party copyrighted material appearing on the Site is used with the
owner's permission. Odette Van Marter will enforce its intellectual
property rights to the fullest extent permitted under the law.
|
