The SunValleyOnline.com User Agreement
The following User Agreement ("Agreement") governs the use of the [SunValleyOnline.com] online service ("Service"), including participation in its bulletin boards, forums, personal ads and chats, as provided by SunValleyOnline.com ("Service Provider"). Please read the rules contained in this Agreement carefully. You can access this Agreement any time at http://www.SunValleyOnline.com/information/terms_of_use.asp.
Your use of and/or registration on any aspect of the Service will constitute your agreement to comply with these rules. If you are executing this agreement on behalf of a company, you represent that you have the authority to bind the company to the terms governing the use of SunValleyOnline.com's on-line service. The term "you" refers to the individual or a legal entity, as applicable, that registers for or uses the service. If you do not have such authority, or if you do not agree with these terms, please do not use the Service. These rules may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the Agreement.
Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Service, may result in suspension or termination of your access to the Service, without notice, in addition to Service Provider's other remedies.
Copyright and Trademark Notices:
All contents of this Web site are: Copyright © 1994 - 2008 SunValleyOnline.com Inc. PO Box 3243 Ketchum, ID 83340 | 208-578-4042 U.S.A. All rights reserved.
Rules of Usage:
COMMENTS BY USERS ARE NOT ENDORSED BY SERVICE PROVIDER:
Service Provider does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on bulletin boards, forums, articles or otherwise contained in the Service. Nor does Service Provider or its third party service providers make any warranties with respect to any of the merchandise featured or mentioned on the Service. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent the views of Service Provider or its third party service providers.
USE OF THE SERVICE BY YOU:
Your right to use the Service is personal to you -- you may not authorize others to use the Service, and you are responsible for all use of the Service by you and by those you allow to use, or provide access to, the Service.
The Service is not intended for users under the age of 13, and Service Provider does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
You agree not to use any obscene, indecent, or offensive language or to place on the Service any material that is defamatory, abusive, harassing, or hateful. Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You are responsible for ensuring that any material you provide to the Service or post on a bulletin board or forum, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Material on the Service is for your personal use only. The Service contains copyrighted and other proprietary information.
Third Party Interaction: In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. SunValleyOnline.com shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Personal and Noncommercial Use Limitation: This website is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, send unsolicited commercial e-mail, or sell any information, software, products, or services obtained from this website.
You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service.
Other than connecting to Service Provider's servers by http requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Your linking to any service or site is at your sole risk.
PRICE AND PAYMENT
Many services from SunValleyOnline.com are FREE (Like Web Mail). Some services require payment.
Price and Payment:
You will pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide SunValleyOnline.com with valid credit card or purchase order information as a condition to signing up for the Service. You must also report and pay any applicable taxes to the appropriate governmental agency. Purchase orders may be subject to credit approval.
Charges:
SunValleyOnline.com will automatically renew and bill your credit card or issue an invoice to you as follows: (a) every month for monthly subscriptions, (b) every quarter for quarterly subscriptions, (c) upon the commencement of the annual term and then at each subsequent anniversary of that initial term for continuous annual subscriptions, or (d) upon commencement of other agreed upon time period or contracted subscription program. The renewal charge shall be equal to the current number of licenses times the original user fee, unless SunValleyOnline.com notifies you in advance to the contrary. You will have 30 days after the date that any renewal fee is posted to notify SunValleyOnline.com that you wish to cancel your subscription, effective on receipt of such notification. All invoices shall be due and payable within 30 days after the invoice date.
Non-Payment:
If timely payment is not received or cannot be charged to your credit card for any reason, SunValleyOnline.com reserves the right to either suspend or terminate your access to the Service and account and terminate this Agreement. If SunValleyOnline.com receives a cancellation notice from you, you will be obligated to pay balance due on your account. You agree that SunValleyOnline.com may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
USE OF MATERIAL SUPPLIED BY YOU:
For information regarding use of the material and information you supply or communicate with the Service, please see our Privacy Policy. By posting messages, advertising in classified marketplace, uploading files, inputting data, or engaging in any other form of communication through the Service, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.
MATERIALS POSTED BY OTHERS:
You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
USER ACCOUNTS:
A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with SunValleyOnline.com. To open a user account, you or your company must complete the registration process by providing SunValleyOnline.com with current, complete and accurate information as prompted by the registration form. In registering for the Service, you and your company's users agree to submit accurate, current and complete information about you and your organization, and promptly update such information. Should SunValleyOnline.com suspect that such information is untrue, inaccurate, not current or incomplete, SunValleyOnline.com has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual. User licenses can be transferred to a new user only if a previous user becomes inactive and is unable to access the Service.
USER RESPONSIBILITIES:
You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify SunValleyOnline.com immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. SunValleyOnline.com shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by SunValleyOnline.com, or any transactions entered into through the Service or failure to abide by this Agreement.
USER CONDUCT:
You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Service.
INDEMNIFICATION:
You agree to indemnify Service Provider and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.
EDITING AND DELETIONS:
Service Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Service or its bulletin boards, in its sole discretion, without notice.
ADDITIONAL RULES:
Service Provider reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Service. Such additional rules will be posted in the relevant parts of the Service, and will be clearly identified. Your continued use of the Service constitutes your agreement to comply with these additional rules.
COOKIES:
Cookies are files that your web browser places on your computer's hard drive and are used to tell us whether you have visited the Service previously. SunValleyOnline.com uses a persistent cookie to help save and retrieve usernames used on the Service. SunValleyOnline.com issues a session cookie only to record encrypted authentication information for the duration of a specific session. The session cookie does not include either the username or password of the user.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
SUNVALLEYONLINE.COM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. SUNVALLEYONLINE.COM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (V) ERRORS OR DEFECTS WILL BE CORRECTED, (VI) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SUNVALLEYONLINE.COM.
Limitation of Liability:
IN NO EVENT SHALL SUNVALLEYONLINE.COM'S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL SUNVALLEYONLINE.COM AND/OR ITS LICENSORS, BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF SUNVALLEYONLINE.COM OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SUNVALLEYONLINES.COM BE LIABLE TO ANYONE FOR ANY DIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), ARISING UNDER THIS AGREEMENT OR FROM PERFORMANCE THEREUNDER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE CONTENT.
Additional Rights:
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Local Laws and Export Control:
SunValleyOnline.com controls and operates this Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. SunValleyOnline.com makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Submissions:
SunValleyOnline.com alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Service ("Submissions") and you agree to assign such Submissions to SunValleyOnline.com free of charge. SunValleyOnline.com may use such Submissions as it deems appropriate in its sole discretion.
Notice:
SunValleyOnline.com may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in SunValleyOnline.com's account information, or by written communication sent by first class mail to your address on record in SunValleyOnline.com's account information. You may give notice to SunValleyOnline.com (such notice shall be deemed given when received by SunValleyOnline.com) at any time by any of the following: electronic mail to helpdesk AT sunvalleyonline.com; letter sent by confirmed facsimile to SunValleyOnline.com at the following fax number: (208) 578-0921; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to SunValleyOnline.com at the following address: SunValleyOnline.com, 126 S. Main St. Ste. B8, Hailey, ID 83333.
Modification to Terms:
SunValleyOnline.com reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
General:
This Agreement will be governed by Idaho law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in Hailey, Idaho. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. The English language version of this Agreement shall control. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and SunValleyOnline.com as a result of this agreement or use of the Service. The failure of SunValleyOnline.com to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SunValleyOnline.com in writing. This Agreement comprises the entire agreement between you and SunValleyOnline.com and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
|
 |
|
|
|
