Agreement
for Use of This Service (Terms of Use)
www.slickrockweb.net is a corporate
website (the "Service") for SlickRock Marketing and Design Inc.
Use of the Service is governed by the terms and conditions of
this Agreement. Please read this Agreement carefully before accessing
or using the Service. Throughout this Agreement, SlickRock Marketing
and Design Inc. is referred to as "we" or "us."
General
Terms and Conditions:
By accessing or using the Service, you agree
to be bound by all of the terms and conditions of this Agreement.
This Agreement is intended to be fully effective and binding
upon you and us.
We may modify this Agreement at any time,
and you agree that such modifications will be effective immediately
upon posting of the modified Agreement on the Service. You agree
to review the Agreement posted on the Service each time you use
the Service so that you are aware of any modifications made to
this Agreement. By accessing or using the Service, you agree
to be bound by all of the terms and conditions of the Agreement
as posted on the Service at the time of your access or use.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THIS
SERVICE IS AT YOUR OWN RISK AND THAT THE SERVICE AND ANY INFORMATION
CONTAINED ON OR PROVIDED THROUGH THE SERVICE IS PROVIDED ON AN "AS
IS" BASIS. YOU UNDERSTAND AND AGREE THAT THE INFORMATION CONTAINED
ON OR PROVIDED THROUGH THIS SERVICE IS INTENDED FOR GENERAL CONSUMER
UNDERSTANDING AND EDUCATION ONLY AND IS NOT INTENDED TO BE AND
IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE OR CONSULTATION.
You understand and agree that, except for
information, products, services or merchandise clearly identified
as being supplied by us, we do not operate, control, supply,
endorse, warrant or guarantee any information, products, services
or merchandise available on the Service or through the internet
generally in any way. You also understand and agree that we cannot
and do not warrant or guarantee that files available for downloading
through the Service will be free of infections or viruses, worms,
Trojan horses or other code that contains contaminating or destructive
properties. You understand and agree that you are solely responsible
for implementing sufficient precautions, procedures and checkpoints
to satisfy your own requirements for the accuracy of data input
and output, and for maintaining a means external to the Service
for the reconstruction of any lost data. We do not assume any
responsibility for the loss of any information, data or other
materials resulting from your use of the Service.
YOU UNDERSTAND AND AGREE THAT WE DO NOT
MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES
OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE
OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE. WE DO NOT
WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS,
TIMELINESS, OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES,
MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION
MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE
INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE.
If you are located in any jurisdiction
in the world where the common, statutory, regulatory or codified
law of such jurisdiction would void this Agreement in whole or
in any essential part (the essential parts being at least, but
not only, the exclusive jurisdiction and venue and exclusive
remedy provisions, the warranty disclaimers, the limitations
of liability and the privacy guidelines and terms of use), or
would make accessing the Service illegal, then you are not authorized
to use the Service and, if you do so, you do so entirely at your
own risk.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT
SHALL WE BE LIABLE TO YOU OR ANY OTHER USER OF THE SERVICE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES,
PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING
OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED
THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED
ON OR THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR
SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE
IS TO STOP USING THE SERVICE.
You agree to indemnify us and any of our
parent or subsidiary companies or organizations, and any of our
successors, assigns or licensees, together with any of their
respective officers, directors and employees, against any damages,
losses, liabilities, judgments, costs or expenses (including
reasonable attorneys' fees and costs) arising out of a claim
by a third party relating to your use of the Service, or any
breach or violation of this Agreement or any other term or condition
contained on the Service.
In the event we determine, in our sole
and absolute discretion, that you have breached any of your obligations
under this Agreement, then, in addition to and not in lieu or
limitation of any other right or remedy we may have, we may advise
you that you have violated this Agreement; delete or remove any
communications or content furnished or posted by you to the Service;
discontinue your registration and remove you as a registered
member; block your access to the Service; notify and/or send
communications or content to and cooperate with applicable law
enforcement authorities; and/or take any other action we deem
appropriate.
You agree that this Agreement is entered
into between you and us in the State of Colorado, United States
of America, and is performed within the State of Colorado and
governed by and shall be construed in all respects under the
laws of the State of Colorado, exclusive of its choice of law
or conflict of laws provisions. In any claim or action by you
directly or indirectly arising under this Agreement or related
to the Service, you and we each irrevocably agrees to submit
to the exclusive personal jurisdiction of the Colorado State
District Court sitting in Denver County, Colorado, or if such
court does not have subject matter jurisdiction, then you and
we each irrevocably agree to submit to the exclusive personal
jurisdiction of the United States Court for the District of Colorado,
and whichever of those two courts has jurisdiction, you and we
each waives any jurisdictional, venue, or inconvenient forum
objections to such court.
If any of the provisions of this Agreement
are held by a court or other tribunal of competent jurisdiction
to be not enforceable, then such provisions shall be limited
or eliminated to the minimum extent necessary so that this Agreement
shall otherwise remain in full force and effect. This Agreement
constitutes the entire agreement between you and us relating
to the subject matter hereof and supersedes and merges herein
any prior promises, agreements, or understanding between you
and us relating to any of the subject matters of this Agreement.
This Agreement may not be modified, in whole or in part, except
as described elsewhere in this Agreement. Anything contained
on the Service inconsistent with or conflicting with the terms
of this Agreement is superseded by the terms of this Agreement.
The materials on the Service are copyrighted
by us and/or other applicable rights holders. You may download
and reprint a single copy of the materials from the Service for
your own personal, noncommercial use only, provided you include
all applicable notices and disclaimers. Any other use of the
materials is strictly prohibited without our prior written permission
and the permission of the applicable rights holder(s).
Privacy
Policies:
This portion of the Agreement describes
how we collect information from you or about you, why we collect
this information, how we will use or disclose this information
and how you can update or delete personally identifiable information
collected about you from our records. In addition, this portion
of the Agreement sets forth our general policies on security.
IP Addresses
There are several types of information
we collect. For all visitors to the Service, we collect and log
your IP address. An IP address is a number automatically assigned
to your computer whenever you access the Internet. IP addresses
allow computers and servers to recognize and communicate with
one another. We collect IP address information to properly administer
our system and to gather aggregate information on visitors to
our site and how our site is being used, including the pages
visitors are viewing. This aggregate information may be shared
with advertisers, sponsors and others businesses. To maintain
your anonymity, we do not associate IP addresses with records
containing personal information. We will use IP address information,
however, to personally identify you in order to enforce our legal
rights or when required to do so by law enforcement authorities.
Cookies
We DO NOT place small data files, called "cookies," in
the browser file of your computer's hard drive. However, we do
usually collect the domain name of the server from which you
are visiting. This can provide us with information relating to
the sources of our traffic. Collecting this information does
not allow us to personally identify you.
How to Update or Delete Personally Identifiable
Information
We do not currently collect any personally
identifiable information other than the information needed for
our e-commerce transactions and the collection of your email
if you have subscribed to our mailing list. Unsubscribing from
our free e-mail newsletters will remove your email from our newsletter
database. For more information about the e-commerce transactions
please see below.
Surveys
At times, you may be asked to complete survey
questions that appear on the Service. If you agree to participate
in the survey, you will be asked to review and accept certain
additional terms and conditions relating to use of the information
you furnish, which may include personally identifiable information.
These terms and conditions are in addition to the Privacy Policies
set forth in this Agreement, including sharing such personally
identifiable information with market research firms with which
we have a business relationship.
E-Mail Communications, Newsletters and
Related Services
The Service provides you with the opportunity
to receive communications from us or third parties. Once you
have decided to receive such communications, you may later decide
to stop receiving them. To stop receiving communications, you
may send an e-mail message to Email
Us.
Information for E-Commerce Transactions
Some areas of the Service may allow you to
conduct e-commerce transactions. In connection with these transactions,
we collect data necessary to complete the transaction and that
is furnished by you. This information may be furnished to a third
party in order to facilitate the transaction.
Aggregate Information
We use general traffic, site usage, and length
of stay information in reports to advertisers and firms with
which we have a business relationship. This sort of information
is shared only on an aggregated basis and does not personally
identify you.
Children's Privacy
The Service is intended for adults age 18
and over. It is not intended for or designed to attract persons
under the age of 18. We do not permit registration by, nor do
we collect personally identifiable information from, any person
we actually know to be under the age of 18.
Other Sites
Our privacy policies apply only to your use
of the Service. The Service contains links to other sites, including
sites that may indicate a special relationship with us. While
we do not disclose personably identifiable information to those
operating these linked sites, we are not responsible for the
privacy practices of such other sites. You should read the privacy
policies of each site you visit to determine what information
that site may be collecting about you.
Changes to Our Privacy and Security Policies
Just as with the other terms and conditions
of this Agreement, we may change the terms and conditions of
our Privacy Policies at any time by posting revisions on the
Service. You agree to review the Privacy Policies portions of
this Agreement each time you use the Service so that you are
aware of any modifications made to these policies. By accessing
or using the Service, you agree to be bound by all of the terms
and conditions of the Agreement as posted on the Service at the
time of your access or use, including the Privacy Policies then
in effect.
Contact
Information
If you have any questions about the Service,
please contact us at: Email
Us.
I
accept all of the foregoing terms and conditions of this
Agreement either by clicking here or by any further use of
the Service.
I do
not accept all of the foregoing terms and conditions of
this Agreement
August 10, 2002
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