Your
use of our Internet site ("the OFFICIATENC.COM site") or any of the
products or services offered on this site (collectively, the "Services")
is subject to these Terms of Use ("Terms"). We may modify these Terms
at any time without notice to you by posting revised Terms on our
site. Your use of our site constitutes your binding acceptance of
these Terms, including any modifications that we make.
We have the
right, but not the obligation, to take any of the following actions
in our sole discretion at any time and for any reason without giving
you any prior notice or liability:
1. Restrict,
suspend or terminate your access to all or any part of our Services
2. Change, suspend or discontinue all or any part of our Services
including the availability of any Service feature, database, or content.
3. Refuse, move, or remove any material that you submit to our site
for any reason.
4. Refuse, move, or remove any content that is available on our site.
5. Deactivate or delete your account on our forums and all related
information.
6. Establish general practices and limits concerning use of our site.
By visiting
our website you agree that we will not be liable to you or any third
party for taking any of these actions.
Content
On Our Site
This site includes
a combination of content that we create and that our members/users create. This content is intended for your personal,
non-commercial use and not for resale or other transfer or disposition
to any other person or entity. All materials published on this site,
including, but not limited to, written content, photographs, graphics,
images, illustrations, trademarks, service marks, logos, sound clips,
video clips, flash animation, names, articles, columns, artwork and
software is protected by our copyrights or trademarks. Except as specifically provided herein, you may NOT
modify, publish, transmit, participate in the transfer or sale of,
reproduce, create derivative works of, distribute, publicly perform,
publicly display, copy, download, post or in any way exploit any of
the materials or content or our site in whole or in part.
"OFFICIATENC.COM" and other OFFICIATENC (dot) COM logos, products, and service names are
the property of OFFICIATENC.COM. We will enforce our intellectual property
rights to the fullest extent of the law. All other trademarks appearing
on our site are trademarks of their respective owners and our reference
to them does not imply or indicate any approval or endorsement by
their owners unless such approval or endorsement is expressly made.
You are solely
responsible for all materials, whether publicly posted or privately
transmitted, that you upload, post, email, transmit or otherwise make
available on our site ("Your Content"). You certify that you own all
intellectual property rights in Your Content. You hereby grant us,
a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable
license to use, modify, copy, reproduce, create derivative works of,
distribute, publicly perform, publicly display, transfer, sell, transmit,
distribute and publish Your Content and subsequent versions of Your
Content for the purposes of (i) displaying Your Content on our site,
(ii) distributing Your Content, either electronically or via other
media, to users seeking to download or otherwise acquire it, and/or
(iii) storing Your Content in a remote database accessible by end
users, for a charge. This license shall apply to the distribution
and the storage of Your Content in any form, medium, or technology
now known or later developed. The foregoing grants shall include the
right to exploit any proprietary rights in such communication, including
but not limited to rights under copyright, trademark, service mark
or patent laws under any relevant jurisdiction.
Without limitation, We are not responsible or liable for any
content, even though it may be objectionable, or that it infringes or may infringe the intellectual
property or other rights of another. You acknowledge that we have the right, but not the obligation,
at our sole discretion to refuse, edit, move or remove any content
that is publicly available via our site. This site also contains information
about products and services offered by third parties, including product
specifications, pricing, availability, performance and editorial commentary.
You may be exposed to content that you find offensive, objectionable,
or that is inaccurate and you bear all risks associated with using
that content. We have the right, but not the obligation, to remove
any content that may, in my sole discretion, violate these Terms
or that is otherwise objectionable.
Use Of
This Site
The technology
and software underlying this site and our Services is the property
of OFFICIATENC.COM and our webhost. You agree not to copy, modify,
rent, lease, loan, sell, assign, distribute, reverse engineer, grant
a security interest in or otherwise transfer any right to the technology
or software underlying this site or our Services. You agree not to
modify the software underlying our sites in any manner or form, or
to use modified versions of such software, including (without limitation)
for the purpose of obtaining unauthorized access to this site.
Without limiting
the foregoing, you agree that you WILL NOT use our site to take any
of the following actions:
1. Defame,
abuse, harass, stalk, threaten or otherwise violate the legal right
(such as rights of privacy and publicity) of others.
2. Publish, post, upload, email, distribute or disseminate (collectively,
"Transmit") any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful content
3. Transmit 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
4. Transmit files that contain viruses, corrupted files, or any other
similar software or programs that may damage or adversely affect the
operation of another person's computer, our site, any software,
hardware, or telecommunications equipment.
5. Advertise or offer to sell any goods or services for any commercial
purpose unless you have our written consent to do so.
6. Transmit surveys, contests, pyramid schemes, spam, unsolicited
advertising or promotional materials, or chain letters.
7. Download any file that you know or reasonably should know, cannot
be legally distributed in such manner.
8. 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.
9. Restrict or inhibit any other user from using and enjoying any
public area within our site.
10. Collect or store personal information about other end users
11. Interfere with or disrupt our site, servers or networks.
12. Impersonate any person or entity, including, but not limited to,
a website representative or falsely state or otherwise
misrepresent your affiliation with a person or entity.
13. Forge headers, manipulate identifiers or other data in order to
disguise the origin of any content transmitted through our site,
or to manipulate your presence on our site.
14. Take any action that imposes an unreasonably or disproportionately
large load on our infrastructure.
15. Engage in any illegal activities.
You agree
to use our bulletin board services, chat areas, news groups, forums,
communities and/or message or communication facilities (collectively,
the "Forums"), only to send and receive messages and material that
is proper and related to that particular Forum. We reserve
the right to terminate your access to any or all of the Forums at
any time without notice for any reason whatsoever.
If you choose
a username that, in our sole discretion, is obscene, indecent, abusive
or which might otherwise subject us to public disparagement or scorn,
We reserve the right, without prior notice to you, to automatically
change your username, delete your posts from our site, deny you access
to our site, or any combination of these options. If you continue
to choose usernames that we find objectionable, we reserve the right
to permanently terminate your access to the Forums.
Unauthorized
access to this site is a breach of these Terms and a violation of the
law. You agree not to access our site by any means other than through
the interface that is provided by us for use in accessing this site.
You agree not to use any automated means, including, without limitation,
agents, robots, scripts, or spiders, to access, monitor or copy any
part of our site except those automated means that we have approved
in advance and in writing.
Use of this site is subject to existing laws and legal process. Nothing contained
in these Terms shall limit our right to comply with governmental,
court and law enforcement requests or requirements relating to your
use of this site or information provided to or gathered by us with
respect to such use.
Use of
Third Party Sites and Services
This site provides
you with opportunities to link to or otherwise use third party Internet
sites and services (the "Third Party Services"). Your use of any such
Third Party Service is subject to the terms and conditions, if any,
associated with that Third Party Service (the "Third Party Terms").
In the event that any such Third Party Terms conflict with our Terms,
the Third Party Terms will control during your use of the Third Party
Service. Because we have no control over Third Party Services, you
acknowledge and agree that we are not responsible for the availability
of such Third Party Services. We do not endorse nor are we responsible
or liable for any content, accuracy, quality, advertising, products,
or other materials on or available from such Third Party Services.
You further acknowledge and agree that we shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on
any such content, goods or services available on or through any such
Third Party Service.
Your correspondence or related activities with third
parties, including payment transactions and goods delivery transactions,
are solely between you and that third party. You agree that we will
not be responsible or liable for any loss or damage of any sort incurred
as the result of any of your transactions with third parties. Any
questions, complaints, or claims related to any product or service
should be directed to the appropriate vendor.
Disclaimer
of Warranties
We disclaim
any responsibility for the deletion, failure to store, mis-delivery,
or untimely delivery of any information or material. We disclaim any
responsibility for any harm resulting from downloading or accessing
any information or material on the Internet using search results from
our site. We disclaim any responsibility for service outages that
are caused by the maintenance on the servers or the technology that
underlies this site, failures of our service providers (including telecommunications,
hosting and power providers) computer viruses, natural disasters or
other destruction or damage of their facilities, an act of nature, war,
civil disturbance or other cause beyond our reasonable control.
WE DO NOT
WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION,
WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THIS SITE. THIS SITE
AND IT'S CONTENT IS DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS.
ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THIS SITE
IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE DO NOT MAKE ANY WARRANTY THAT (i) THIS SITE WILL MEET
YOUR REQUIREMENTS, (ii) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) ANY THIRD PARTY SOFTWARE OR OTHER MATERIALS WILL
BE NON-INFRINGING, ACCURATE OR RELIABLE, (iv) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE,
(v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
THAT YOU PURCHASE OR OBTAIN THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS,
(vi) ANY ERRORS IN THIS SITE OR THIRD PARTY SOFTWARE WILL BE CORRECTED,
AND (vii) THIS SITE, IT'S CONTENT, AND THE SERVERS ON WHICH THIS SITE
AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO THE
AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES;
ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH RESPECT
TO THIS SITE, ANY CONTENT OR ANY OF OUR SERVICES, TOOLS, PRODUCTS OR
PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY OR
COMPLETENESS OF IT'S CONTENT.
NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH
THIS SITE OR MY PARTNERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THESE TERMS.
THIS SITE MAY
CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS,
OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED
BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH
CONTENT ON THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC
DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH
CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND
SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
INFORMATION
CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS SITE OR THROUGH
LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY
OF SUCH THIRD PARTIES.
YOU HEREBY
WARRANT AND REPRESENT THAT YOU ARE IN ALL RESPECTS QUALIFIED AND COMPETENT
TO ABIDE BY THESE TERMS.
Limitations
of Liability
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT WE SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS SITE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON THIS SITE; OR (v)
ANY OTHER MATTER RELATING TO THIS SITE. FURTHER, OUR AGGREGATE LIABILITY
ARISING WITH RESPECT TO THESE TERMS AND THIS SITE WILL NOT EXCEED
THE TOTAL FEES PAID BY YOU UNDER THESE TERMS, IF ANY.
SOME STATES
DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY
AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE
AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW
Severability
If any part
of these Terms is determined to be invalid or unenforceable pursuant
to applicable law, 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 Terms shall continue in effect.
Miscellaneous
These terms,
including all Terms, conditions and policies that are incorporated
into these Terms by reference, constitute the entire agreement between
you and us and govern your use of this site, superceding
any prior or contemporaneous agreements, communications and proposals
whether electronic, oral or written, between you and us with respect
to this site. Our rights under these Terms may not be waived unless
we agree to such change in writing. These Terms are personal to you
and you may not assign, sub-license, transfer, sell or delegate these
Terms without our prior written approval. Any attempt to do so shall
be null and void.
Revised: May 2, 2024 |