Agreement between user and FiberTrail.com
The FiberTrail.com Web Site is comprised of various Web pages operated by FiberTrail.com.
The FiberTrail.com Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the FiberTrail.com Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
FiberTrail.com reserves the right to change the terms, conditions, and notices under
which the FiberTrail.com Web Site is offered, including but not limited to the charges
associated with the use of the FiberTrail.com Web Site.
LINKS TO THIRD PARTY SITES
The FiberTrail.com Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of FiberTrail.com and FiberTrail.com
is not responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.
FiberTrail.com is not responsible for webcasting or any other form of transmission
received from any Linked Site. FiberTrail.com is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by FiberTrail.com
of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the FiberTrail.com Web Site, you warrant to FiberTrail.com
that you will not use the FiberTrail.com Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use the FiberTrail.com
Web Site in any manner which could damage, disable, overburden, or impair the FiberTrail.com
Web Site or interfere with any other party's use and enjoyment of the FiberTrail.com
Web Site. You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the FiberTrail.com
Web Sites.
USE OF COMMUNICATION SERVICES
The FiberTrail.com Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"), you
agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload 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.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- 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 contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
FiberTrail.com has no obligation to monitor the Communication Services. However,
FiberTrail.com reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. FiberTrail.com reserves
the right to terminate your access to any or all of the Communication Services at
any time without notice for any reason whatsoever.
FiberTrail.com reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole or
in part, in FiberTrail.com's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. FiberTrail.com does not
control or endorse the content, messages or information found in any Communication
Service and, therefore, FiberTrail.com specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized FiberTrail.com
spokespersons, and their views do not necessarily reflect those of FiberTrail.com.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO FiberTrail.com OR POSTED AT ANY FiberTrail.com
WEB SITE
FiberTrail.com does not claim ownership of the materials you provide to FiberTrail.com
(including feedback and suggestions) or post, upload, input or submit to any FiberTrail.com
Web Site or its associated services (collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting your Submission you are
granting FiberTrail.com, its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your Submission;
and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. FiberTrail.com is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in FiberTrail.com's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE FiberTrail.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FiberTrail.com AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FiberTrail.com WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE FiberTrail.com WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
FiberTrail.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE FiberTrail.com WEB SITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. FiberTrail.com AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FiberTrail.com
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE FiberTrail.com WEB SITE, WITH THE DELAY OR INABILITY TO
USE THE FiberTrail.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE FiberTrail.com WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE FiberTrail.com WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF FiberTrail.com OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE FiberTrail.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FiberTrail.com WEB SITE.
SERVICE CONTACT : admin@FiberTrail.com
TERMINATION/ACCESS RESTRICTION
FiberTrail.com reserves the right, in its sole discretion, to terminate your access
to the FiberTrail.com Web Site and the related services or any portion thereof at
any time, without notice. GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Washington, U.S.A. and you hereby consent
to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A.
in all disputes arising out of or relating to the use of the FiberTrail.com Web
Site. Use of the FiberTrail.com Web Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and FiberTrail.com as a result
of this agreement or use of the FiberTrail.com Web Site. FiberTrail.com's performance
of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of FiberTrail.com's right to comply with
governmental, court and law enforcement requests or requirements relating to your
use of the FiberTrail.com Web Site or information provided to or gathered by FiberTrail.com
with respect to such use. If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, 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 agreement
shall continue in effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and FiberTrail.com with respect to the FiberTrail.com
Web Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and FiberTrail.com with respect
to the FiberTrail.com Web Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent an d subject to the
same conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this agreement
and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the FiberTrail.com Web Site are: and/or its suppliers. All rights
reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.