General Disclaimer:
The information and design of this site owned by Eaglewatch 2002. Except for a
single temporary copy in a single computer's memory and a single permanent copy
to be used by user, the information contained herein may not be used, copied,
performed, distributed, rented, sublicensed, altered or stored for subsequent
use, in whole or in part, in any manner, without the express prior written
consent of Eaglewatch (unless such use constitutes fair use under the Copyright
Act).
All information contained herein is believed by Eaglewatch to be
accurate and reliable. Because of the possibility of human and mechanical error
as well as other factors, Eaglewatch is not responsible for any errors or
omissions, either its own or its information providers'. All information is
provided "as is" without warranty of any kind. Eaglewatch makes no
representations and disclaims all express, implied, and statutory warranties of
any kind to user and/or any third party, including as to accuracy, timeliness,
completeness, merchantability, or fitness for any particular purpose.
Eaglewatch (and affiliates) have no liability in tort, contract,
or otherwise (and, as permitted by law, product liability), to user or any third
party.
Eaglewatch (and affiliates) shall under no circumstance be liable
to user or any third party for any lost profits or lost opportunity, or any
indirect, special, consequential, incidental, or punitive damages whatsoever,
from any application of the information provided within this site, even if
Eaglewatch has been advised of the possibility of such damages.
Web Site Terms and Conditions Of Use:
Eaglewatch 2002 may revise these Terms and Conditions at any time by updating
this posting. You should visit this page periodically to review the Terms and
Conditions, because they are binding on you. If you do not accept the Terms and
Conditions stated here, do not use the Web Site.
Section 1. Use of Material
The Company authorizes you to view and download a single copy of the material on
this Web site ("Web Site") solely for your personal, noncommercial use. Special
rules may apply to the use of certain software and other items provided on the
Web Site. Any such special rules are listed as "Legal Notices" on this Web Site
and are incorporated into this Agreement by reference.
The contents of this Web Site, such as text, graphics, images and other material
("Material"), are protected by copyright under both laws. Unauthorized use of
the Material may violate copyright, trademark, and other laws. You must retain
all copyright and other proprietary notices contained in the original Material
on any copy you make of the Material. You may not sell or modify the Material or
reproduce, display, publicly perform, distribute, or otherwise use the Material
in any way for any public or commercial purpose. The use of the Material on any
other Web site or in a networked computer environment for any purpose is
prohibited.
If you violate any of these Terms, your permission to use the Material
automatically terminates and you must immediately destroy any copies you have
made of the Material. You will indemnify and hold Eaglewatch harmless for all
damages resulting from your violation of the terms of use of Material
articulated in this section including but not limited to consequential damages.
Section 2. Company's Liability
The Material may contain inaccuracies or typographical errors. Company makes no
representations about the accuracy, reliability, completeness, or timeliness of
the Material or about the results to be obtained from using the Web Site and the
Material. The use the Web Site and the Material is at your own risk. Changes are
periodically made to the Web Site and may be made at any time. All Terms and
Conditions apply to users and sub users.
COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS
WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF
YOU'RE USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF
FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer of Consequential Damages
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS
SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE
THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Section 4. User Submissions
Generally, any communication, which you post to the Web Site, is considered to
be non-confidential.
As a User, you are responsible for your own communications and are responsible
for the consequences of their posting. You must not do the following things: Use
the system in an illegal way which includes but is not limited to: Post material
that is copyrighted, unless you are the copyright owner or have the permission
of the copyright owner to post it; post material that reveals trade secrets,
unless you own them or have the permission of the owner; post material that
infringes on any other intellectual property rights of others or on the privacy
or publicity rights of others; post material that is obscene, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another User or any
other person or entity; post a sexually explicit image; post advertisements or
solicitations of business; post chain letters or pyramid schemes; or impersonate
another person.
The Company does not represent, makes no warranty and assumes no obligation,
legal or otherwise, or guarantee the truthfulness, accuracy, or reliability of
any of communications posted by other Users or endorse any opinions expressed by
Users. You acknowledge that any reliance on material posted by other Users will
be at your own risk.
Company does not screen communications in advance and is not responsible for
screening or monitoring material posted by Users. If notified by a User of
communications, which allegedly do not conform to this Agreement, Company may
investigate the allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communication. Company has no
liability or responsibility to Users for performance or nonperformance of such
activities. Company reserves the right to expel Users and prevent their further
access to the Web Site for violating this Agreement or the law and the right to
remove communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites
The Web Site contains links to third party Web sites. These links are provided
solely as a convenience to you and not as an endorsement by Company of the
contents on such third-party Web sites. Company is not responsible, makes no
warranty and assumes no obligation, legal or otherwise, for the content of
linked third-party sites and does not make any representations regarding the
content or accuracy of materials on such third party Web sites. If you decide to
access linked third-party Web sites, you do so at your own risk.
Section 6. Software Licenses
All software (generally Portable Document Format files and graphic-image files)
that is made available for downloading from the Web Site ("Software") is
protected by copyright and may be protected by other rights. The use of such
software is governed by the terms of the software license agreement or
designated "Legal Notice" accompanying such software ("License Agreement"). The
downloading and use of such software is conditioned on your agreement to be
bound by the terms of the License Agreement.
Section 7. Limitation of Liability
Unless otherwise expressly provided in a Software License or Legal Notice, the
aggregate liability for Company to you for all claims arising from the use of
the Materials (including Software) is limited to $100.
Section 8. Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees and
expert fees, alleging or resulting from your use of the Material (including
Software) or your breach of the terms of this Agreement. The Company shall
provide notice to you promptly of any such claim, suit, or proceeding and shall
reasonably assist you, at your expense, in defending any such claim, suit or
proceeding.
Section 9. User Information
The Company may use the information it obtains relating to you, including your
IP address, name, mailing address, email address and use of the Web Site, for
its internal business and marketing purposes. Eaglewatch will not sell, rent, or
otherwise distribute User information to outside sources. (For more on
user-supplied information, see "Privacy," link.) |