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TERMS AND CONDITIONS |
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Wright-Patterson.com Web Site Terms and Conditions of Use
Webmasters group is
a commercial web design and advertising company. Not affiliated with
Wright-Patterson AFB or the U.S. Air Force.
BY COMPLETING THE ADD LISTING INFORMATION PAGE AND CLICKING SUBMIT
BUTTON, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS.
Sites built for you or your business are provided to you and your business
(collectively "User") under the following terms and conditions, any
amendments thereto, and any applicable rules or policies wright-patterson.com
may publish from time to time (collectively the "Agreement").
ONLINE DIRECTORY
Wright-Patterson.com will place one or more links to the User Web site in the
Online Directory within 30 days after all materials and payments are
received.
The listing and link to the Web site will be displayed in the Directory before
firms which are not paying customers of the Service. In the Search Results
Screen of the Directory, the link to the User Web site will appear in order
based on the date listing was paid .
Placement and presentation of the Web site and links thereto will be in
accordance with layout and other organizational elements which Wright-Patterson.com
may modify from time to time. Wright-Patterson.com will use commercially
reasonable efforts to maintain similar relative priority of links to the Web
site.
PERSONALIZED WEB SITE ADDRESS
Wright-Patterson.com offers customers the ability to customize the address for
the Web site. This address follows the form www.businessname.com being up
to 25 characters. User selects firm name in accordance with User's preferences
and acknowledges that such addresses are assigned on a "first-come,
first-served" basis. User solely is responsible for not infringing the
intellectual property rights of others when selecting, displaying, advertising,
and using the firm name for the User Web site and for any related liability
incurred by Wright-Patterson.com and/or those acting on its behalf.
OTHER DIRECTORY SUBMISSIONS
Wright-Patterson.com will submit the Universal Resource Locator
("URL") of the User Web site to one or more third party search engines
or directories selected by Wright-Patterson.com. Those listings are not under
Wright-Patterson.com control, and Wright-Patterson.com makes no representation
or warranty that listings will be accepted, indexed, or maintained accurately.
FEES AND SERVICES OPTIONS
Site fees can vary based on additional banner advertising chosen by each
client. Fees are used based on number of pages used for the site.
TERM OF AGREEMENT AND SERVICE; ELIGIBILITY
Unless terminated in accordance with its terms, this Agreement and User's right
to the Service correspond with the date funds are received by Wright-Patterson.com.
Service automatically will be renewed unless terminated in writing by either
party
USER-PROVIDED WEB SITE CONTENT
The contents of Web sites are based on data submitted by User and must conform
to applicable laws before they appear on Wright-Patterson.com. User
represents that at all times: (a) the Web site contains no offensive,
defamatory, indecent, or obscene content, and does not violate any applicable
laws or rulings, (b) the Web site content is true, is not misleading, deceptive,
fraudulent or unsubstantiated, (c) User will honor all promises, offers and
statements which User makes on Web site and any related materials, products,
services, or communications, (d) User owns or is authorized to use all
tradenames, marks, graphics, logos, visual likenesses, and other materials,
products, services, or communications of any kind which are included by or on
behalf of User in the Web site or any related materials, products, services, or
communications, and (e) User and the User Web site and its contents, address,
and links do not infringe upon or violate any intellectual property,
proprietary, or other rights of Wright-Patterson.com, its affiliates, and/or any
third party.
PROPRIETARY RIGHTS
User acknowledges that: (a) the domain name (b) all personalized Web Site
addresses and URL's within Wright-Patterson.com, and (d) all content, including
but not limited to text, software, music, sound, photographs, graphics, video,
page layout and design or other material contained in the Service or information
presented through the Service is protected by copyrights, trademarks, service
marks, patents, or other proprietary rights, laws, and regulations. Subject to
the further provisions of this Agreement, User is permitted to use this material
and information only to create and update its World Wide Web presence or as
expressly authorized by Wright-Patterson.com, herein, and may not copy,
reproduce, transmit, distribute, or create derivative works of such content or
information without the express, written authorization of an officer of Wright-Patterson.com.
User retains a copyright and trademark in material on which it holds valid,
pre-existing copyright or trademark rights ("Pre-Existing User
Rights"); subject to such rights Wright-Patterson.com retains all
intellectual property rights in and to all materials presented on the Web site
including all text and graphical elements, and the markup-language version
thereof.
Wright-Patterson.com has the right: (a) to display graphics, video, sound, text,
links, and other multimedia and communication devices throughout the Service and
any of its components, and (b) to use an image of User Web site for the limited
purpose of marketing and promotion of the Service, the Online Directory, and/or
Wright-Patterson.com.
OTHER WRIGHT-PATTERSON.COM RIGHTS
Wright-Patterson.com reserves the right: (a) to refuse any information
provided or to remove pages, if in Wright-Patterson.com sole discretion, such
information may be deemed to be obscene, defamatory, illegal, harassing or
otherwise inappropriate or inconsistent with Wright-Patterson.com policies in
effect from time to time; (b) to investigate complaints of violation of these
guidelines, although Wright-Patterson.com does not actively monitor the content
of Individual Web sites and undertakes no liability for failure to do so, (c) to
delete all files and remove any Web site or page at any time without any
warning for any reason or no reason, (d) to release current or past User
information if Wright-Patterson.com believes that the User Web site, or
the account is in violation of this Agreement or applicable law or regulation,
used to commit unlawful acts, if the information is subpoenaed and/or if Wright-Patterson.com
deems it necessary and/or appropriate; (e) to deny Service if User does not
comply with this Agreement; (f) to terminate or deny service to anyone for any
reason or no reason, (g) to change the custom (personalized) address (domain
name) or the URL, as applicable, of the User Web site for any reason, and (h) to
modify or discontinue, temporarily or permanently, the Service, with or without
notice to User.
OTHER USER RESPONSIBILITIES
User solely is responsible for compliance with laws, rules, regulations, canons,
or policies governing attorney advertising, ethical obligations, licensure,
and/or unauthorized practice of law promulgated by any applicable jurisdiction,
court, bar association, and/or other governing body which are applicable to
User, User's attorneys, the User Web Site, and/or User's use of the Service. A
default disclaimer included on User Web site can be modified by User to comply
with any applicable requirements.
User represents that User is a law firm whose members are validly licensed to
practice law as required by the applicable jurisdictions.
User will not gain or attempt to gain or permit unauthorized access to other
computer systems, networks, online services, or Web sites connected to the
Service, directly or indirectly.
User is solely responsible for everything contained in its User Web site. Users
are liable for the contents of the User Web site, including, for example,
material protected by copyright, trademark, patent or trade secret law without
the permission of the author or owner or defamatory comments.
User will indemnify, defend, and hold harmless Wright-Patterson.com, its
officers, directors, employees, contractors, licensors, suppliers, agents, and
affiliates, from and against any and all claims, actions, demands, losses,
expenses (including reasonable attorneys' fees), damages, liabilities, taxes,
penalties, assessments, judgments and costs arising out of, from, or in
connection with: (a) the contents or use of the Service, (b) the User Web site,
and any links or related listings, or (c) under this Agreement, or applicable
law or regulation.
DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
OHIO'S LAWYERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WRIGHTPTTERSON.COM, ITS LICENSORS, SUPPLIERS, SPONSORS, SUBCONTRACTORS, AND
AFFILIATES MAKE: (A) NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS,
THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (B) NO
WARRANTY ABOUT THE RESULTS OBTAINED FROM THE SERVICE OR THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, (C) NO WARRANTY
THAT DEFECTS IN THE SOFTWARE, THE SERVICE, OR THE RESULTS WILL BE CORRECTED, AND
(D) NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR
FROM USER WEB SITE, OTHER WEB SITES, OR ANY TRANSACTIONS ENTERED INTO THROUGH
SUCH WEB SITES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM WRIGHT-PATTERSON.COM
(OR ITS LICENSORS, SUPPLIERS, SPONSORS, SUBCONTRACTORS, OR AGENTS) OR THROUGH OR
FROM THE SERVICE OR THE USER WEB SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
LIMITATION OF LIABILITY
USER AGREES THAT OHIO'S LAWYERS SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR EXEMPLARY DAMAGES
RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (B) INTERRUPTION, SUSPENSION OR
TERMINATION OF SERVICE, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS
JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT, (C) OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, OR (D) RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF OHIO'S LAWYERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OHIO'S LAWYERS IS NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM
WRIGHT-PATTERSON.COM DELETION OF USER WEB SITE, NETWORK OR SYSTEM OUTAGES,
FILE CORRUPTION, OR ANY OTHER REASONS.
WRIGHTPATTERSON.COM'S LIABILITY WILL BE LIMITED TO THE CURRENT YEAR'S
ANNUAL USER WEB SITE FEE.
USER IS COMPLETELY RESPONSIBLE FOR ALL ACTIVITIES, FEES, AND/OR LIABILITY WHICH
ARE RELATED TO OR RESULT FROM USE OF THE SERVICE UNDER USER'S PASSWORD OR
ACCOUNT.
WRIGHTPATTERSON.COM IS NOT RESPONSIBLE FOR THE CONTENT OF USER WEB SITE OR
OTHERS WEB SITES. WRIGHT-PATTERSON.COM SPONSORS OR OTHER BUSINESSES ARE
COLLECTIVELY "OTHERS". WRIGHT-PATTERSON.COM DOES NOT VERIFY, ENDORSE
OR OTHERWISE VOUCH FOR THE CONTENTS OF ANY USER WEB SITE.
THE OPINIONS AND VIEWS EXPRESSED IN THE USER WEB SITE AND/OR OTHERS’ WEB SITES
DO NOT REFLECT THOSE OF WRIGHT-PATTERSON.COM . WRIGHT-PATTERSON.COM IS NOT
RESPONSIBLE FOR THE DELIVERY OF ANY GOODS OR SERVICES SOLD OR ADVERTISED BY USER
OR OTHERS.
GENERAL
This Agreement and the relationship between User and Wright-Patterson.com will
be governed by the laws of the State of Ohio without regard to its conflict of
law provisions. User and Wright-Patterson.com will submit to the personal and
exclusive jurisdiction of the courts located within the state of Ohio.
The failure of Wright-Patterson.com to exercise or enforce any right or
provision of this Agreement will not constitute a waiver of such right or
provision. If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of this Agreement will remain in full force
and effect.
Any claim or cause of action arising out of or related to the Service or this
agreement must be filed within one (1) year after such claim or cause of action
arose or be forever barred, regardless of any statute or law to the contrary.
The headings in this Agreement are for convenience only and have no legal or
contractual effect.
If any provision of this Agreement is determined by any court of competent
jurisdiction to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and enforceable. Wright-Patterson.com
may modify this Agreement, in whole or in part, at any time. Notice of such
modification may be made by or on behalf of Wright-Patterson.com to User via
email, regular mail, telecopy, delivery service, or posting on Wright-Patterson.com.
If User does not elect to be bound by such modified Agreement, then User may
terminate this Agreement with five (5) days prior written notice to Wright-Patterson.com,
made within ten (10) days after Wright-Patterson.com issues such notice. User
will be deemed to have agreed to such modified Agreement if User continues to
use the Service, and/or Wright-Patterson.com does not receive a notice of
termination within such period.
Wright-Patterson.com is a division of
Webmasters Group Inc. We appreciate your interest and support.
