D. H. Marketing Web
Site Agreement
The See Info Site Web Site (the "Site") is an online information service
provided by D. H. Marketing ("See Info Site"), subject to your compliance
with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE. D. H. Marketing MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING
OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are D. H.
Marketing, its affiliates or other third party licensors. YOU MAY
NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to
D. H. Marketing a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to Real Smart Site by all
means and in any media now known or hereafter developed. You also grant to
D. H. Marketing the right to use your name in connection with the
submitted materials and other information as well as in connection with
all advertising, marketing and promotional material related thereto. You
agree that you shall have no recourse against D. H. Marketing for any
alleged or actual infringement or misappropriation of any proprietary
right in your communications to D. H. Marketing.
TRADEMARKS.
Publications, products, content or services referenced herein or on the
Site are the exclusive trademarks or servicemarks of D. H. Marketing.
Other product and company names mentioned in the Site may be the
trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by D. H. Marketing, D. H. Marketing does not
operate, control or endorse any information, products or services on the
Internet in any way. Except for D. H. Marketing- identified information,
products or services, all information, products and services offered
through the Site or on the Internet generally are offered by third
parties, that are not affiliated with D. H. Marketing a. You also
understand that D. H. Marketing cannot and does not guarantee or warrant
that files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any
lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. D. H. MARKETING PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY, AND D. H. Marketing SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. D.
H. MARKETING DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. D. H. MARKETING HAS
NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL D. H. MARKETING BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,
OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF Real Smart Site OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH STATES, Real Smart Site LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
D. H. Marketing makes no representations whatsoever about any other web
site which you may access through this one or which may link to this Site.
When you access a non-D. H. Marketing web site, please understand that it
is independent from D. H. Marketing, and that D. H. Marketing has no
control over the content on that web site. In addition, a link to a D. H.
Marketing web site does not mean that D. H. Marketing endorses or accepts
any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless D. H. Marketing, its
officers, directors, employees, agents, licensors, suppliers and any third
party information providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of D. H. Marketing and its officers,
directors, employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the
laws of The United States of America applicable to agreements made and to
be performed in The United States of America. You agree that any legal
action or proceeding between D. H. Marketing and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall be
brought exclusively in a federal or state court of competent jurisdiction
sitting in The United States of America state of Tennessee. Any cause of
action or claim you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or such
claim or cause of action is barred. D. H. Marketing's failure to insist
upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. D. H. Marketing may assign its
rights and duties under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein are reserved.
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COPYRIGHT NOTICE.© 1999-2007 PriorityDigital.com Prepared for: D. H.
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