| The troyprice.com WebSite (the "Site")
is an online information and hosting service provided by
troyprice ("troyprice"), 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. troyprice 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 is troyprice, 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 troyprice
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 troyprice by all means and in any media now
known or hereafter developed. You also grant to troyprice
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 troyprice for any alleged or actual infringement
or misappropriation of any proprietary right in your communications
to troyprice.
TRADEMARKS.
troyprice.com, troyprice, troyprice.com, and/or
any other names of troyprice or its publications, products,
content or services referenced herein or on the Site are
the exclusive trademarks or servicemarks of troyprice.comnologies,
Inc. 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 troyprice, troyprice does not operate, control or endorse
any information, products or services on the Internet in
any way. Except for troyprice-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 troyprice.
You also understand that troyprice 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. troyprice 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 troyprice 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. troyprice 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 INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR
MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR
RISK. troyprice HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL troyprice BE LIABLE FOR
1. 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 troyprice OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR
2. 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, troyprice'S LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
troyprice 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-troyprice
web site, please understand that it is independent from troyprice,
and that troyprice has no control over the content on that
web site. In addition, a link to a troyprice web site does
not mean that troyprice 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
troyprice, 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
troyprice 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 State of Massachusetts
applicable to agreements made and to be performed in Connecticut.
You agree that any legal action or proceeding between troyprice
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 Massachusetts. 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. troyprice'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. troyprice 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. |