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AGREEMENT BETWEEN USER AND Harris Rothenberg
The Harris Rothenberg Web Site is comprised of various Web pages operated by Harris Rothenberg.
The Harris Rothenberg Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the Harris Rothenberg Web Site constitutes your agreement
to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Harris Rothenberg reserves the right to change the terms, conditions,
and notices under which the Harris Rothenberg Web Site is offered, including
but not limited to the charges associated with the use of the Harris Rothenberg Web Site.
LINKS TO THIRD PARTY SITES
The Harris Rothenberg Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of Harris Rothenberg and Harris Rothenberg is not responsible for the contents
of any Linked Site, including without limitation any link contained in a Linked
Site, or any changes or updates to a Linked Site. Harris Rothenberg is
not responsible for webcasting or any other form of transmission received from
any Linked Site. Harris Rothenberg is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by
Harris Rothenberg of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Harris Rothenberg Web Site, you warrant
to Harris Rothenberg that you will not use the Harris Rothenberg
Web Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Harris Rothenberg Web Site in any manner
which could damage, disable, overburden, or impair the Harris Rothenberg
Web Site or interfere with any other party's use and enjoyment of the Harris Rothenberg Web Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided
for through the Harris Rothenberg Web Sites.
USE OF COMMUNICATION SERVICES
The Harris Rothenberg Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information.
- Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication
Services.
- Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Harris Rothenberg has no obligation to monitor the Communication Services.
However, Harris Rothenberg reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole discretion.
Harris Rothenberg reserves the right to terminate your access to any
or all of the Communication Services at any time without notice for any reason
whatsoever.
Harris Rothenberg reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in Harris Rothenberg's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Harris Rothenberg
does not control or endorse the content, messages or information found in any
Communication Service and, therefore, Harris Rothenberg specifically
disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and
hosts are not authorized Harris Rothenberg spokespersons, and their views
do not necessarily reflect those of Harris Rothenberg.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering
to such limitations if you download the materials.
MATERIALS PROVIDED TO Harris Rothenberg OR POSTED AT ANY Harris Rothenberg WEB SITE
Harris Rothenberg does not claim ownership of the materials you provide
to Harris Rothenberg (including feedback and suggestions) or post, upload,
input or submit to any Harris Rothenberg Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Harris Rothenberg,
its affiliated companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Harris Rothenberg is under no obligation to post or
use any Submission you may provide and may remove any Submission at any time
in Harris Rothenberg's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Harris Rothenberg WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Harris Rothenberg AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Harris Rothenberg WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Harris Rothenberg WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
Harris Rothenberg AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE Harris Rothenberg WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. Harris Rothenberg AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Harris Rothenberg AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Harris Rothenberg WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Harris Rothenberg
WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE Harris Rothenberg WEB SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE Harris Rothenberg WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Harris Rothenberg
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Harris Rothenberg
WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE Harris Rothenberg WEB SITE.
SERVICE CONTACT : webhelp@noreply.org
TERMINATION/ACCESS RESTRICTION
Harris Rothenberg reserves the right, in its sole discretion, to terminate
your access to the Harris Rothenberg Web Site and the related services
or any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Washington,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts
in King County, Washington, U.S.A. in all disputes arising out of or relating
to the use of the Harris Rothenberg Web Site. Use of the Harris Rothenberg Web Site is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Harris Rothenberg as a result
of this agreement or use of the Harris Rothenberg Web Site. Harris Rothenberg's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of Harris Rothenberg's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Harris Rothenberg
Web Site or information provided to or gathered by Harris Rothenberg
with respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the
user and Harris Rothenberg with respect to the Harris Rothenberg
Web Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Harris Rothenberg with respect to the Harris Rothenberg Web Site. A printed version
of this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this agreement
to the same extent an d subject to the same conditions as other business documents
and records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up
in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Harris Rothenberg Web Site are: and/or its suppliers.
All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization, product,
person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States copyright law should be
sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making
Claims of Copyright Infringement.
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