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Terms Of Use
User Friendly Books Web Site Agreement
The User Friendly Books Web Site (the "Site") is an online
information service provided by User Friendly Books ("User Friendly Books
"), 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. User Friendly Books 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 User Friendly
Books, 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 User Friendly Books 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 User
Friendly Books by all means and in any media now known or hereafter developed.
You also grant to User Friendly Books 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 User Friendly Books for any alleged or
actual infringement or misappropriation of any proprietary right in your
communications to User Friendly Books.
TrafficServer 1.01 TRADEMARKS.
Publications, products, content or services referenced herein or on the Site
are the exclusive trademarks or servicemarks of User Friendly Books. 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 User Friendly Books, User Friendly Booksdoes not
operate, control or endorse any information, products or services on the
Internet in any way. Except for User Friendly Books- 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 User Friendly Books a. You also understand that User Friendly
Books 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. User Friendly Books 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 User
Friendly Books 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. User Friendly Books 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. User Friendly Books HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL User Friendly Books 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 User Friendly
Books 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, User Friendly Books LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
User Friendly Books 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-User Friendly Books web site, please understand that it is
independent from User Friendly Books, and that User Friendly Books has no
control over the content on that web site. In addition, a link to a User
Friendly Books web site does not mean that User Friendly Books 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 User Friendly Books, 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 User Friendly Books 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 User Friendly Books 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 . 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. User Friendly Books'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. User Friendly Books 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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