This page states the Terms and Conditions under which you may access this Web Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Web Site. We may revise these Terms and Conditions at any time by updating this posting and all revisions shall apply retroactively. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. BY ACCESSING THIS WEB SITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
Section 1. Purpose of Web Site.
The information provided by this web site ("Communications.Support Forums" aka "CSF") is intended to be used only for educational purposes, criticism, comment, news reporting, teaching, scholarship, and research.
Section 2. Access to Web Site.
Registration to access this website is not a right and may be denied for any reason. Neither being granted access to this website nor accessing this website conveys any right of continued access. Once registered, any designation as a "user", "member", or otherwise is for categorization purposes only and does not convey any special rights or privileges of continued access to this website. The ability to access this website may be denied or revoked at any time, without notice and for any reason. Any damages for denial or revocation of access are expressly disclaimed as noted in "Section 5. Disclaimer of Damages".
Section 3. Use of Material.
We authorize you to view and use the contents of this Web site solely for your personal, noncommercial use.
The contents of this Web Site, such as text, graphics, images and other material ("Material"), are protected by copyright under the laws of various countries. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 4. Disclaimer of Warranties.
The Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
WE DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE MAKE NO WARRANTIES ABOUT THE ACCURACY , RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 5. Disclaimer of Damages.
IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF, OR INABILITY TO USE, THIS WEB SITE AND THE MATERIAL ON THIS WEB SITE OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY JURISDICTION DOES NOT ALLOW A DISCLAIMER OF DAMAGES, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THE USE OF THE MATERIALS (INCLUDING SOFTWARE) IS LIMITED TO $10.
Section 6. User Submissions.
Generally, any communication which you post to the Web Site is considered to be non-confidential. If particular Web pages permit the submission of communications which will be treated by us as confidential, that fact will be stated in "Legal Notices" on those pages. By posting communications to the Web Site, you automatically grant us a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Post material that is copyrighted, unless you are the copyright owner, have the permission of the copyright owner to post it or are posting the material while respecting "fair use"; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
The "fair use" of a copyrighted work is not an infringement of copyright. Copyright owners are, by law, deemed to consent to the fair use of their works by others.
We do not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
We do not screen communications in advance and are not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, we may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. We have no liability or responsibility to Users for performance or nonperformance of such activities. We reserve the right to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 7. Links to Other Sites.
The Web Site contains links to third party web sites. These links are provided solely as a convenience to you. We make no representations whatsoever about any other web site which you may access through this one. When you access another web site through this one, please understand that it is independent from this web site, and that we have no control over the content on that web site. In addition, a link to another web site does not mean that we endorse or accept any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access linked third-party web sites, you do so at your own risk.
Links to this site from other sites are expressly prohibited.
Section 8. Software Licenses.
All software that is made available for downloading from the Web Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 9. Indemnity.
You agree to defend, indemnify, and hold harmless our members, our partners, officers, directors, advertisers and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. We shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 10. Export Control.
Certain countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Section 11. User Information.
We may use the information that you provide to us, and any other information of yours that is associated with, or related to, the Web Site, including but not limited to your IP address, email address, content of posts, content of private messages, and use of the Web Site, for our internal business and we may disclose the information to law enforcement personnel, governmental agencies, legal counsel and/or third parties at any time and for any purpose.
Section 12. General.
We make no claims that the Materials are appropriate or may be downloaded in any specific country. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. You acknowledge that accessing this website is at your own risk and that you are responsible for compliance with the laws of your jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software license or material on particular Web pages, this Agreement constitutes the entire Agreement between you and us with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of our Web Site.
Section 13. Digital Millennium Copyright Act ("DMCA").
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), CSF will respond expeditiously to claims of copyright infringement on the Site if submitted to CSF's DMCA Agent as described below. Upon receipt of a notice alleging copyright infringement, CSF will review the information provided and take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
If you believe that your copyright rights have been violated by CSF or by a third party who has uploaded materials to our website, please provide the following information to the designated DMCA Agent listed below:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site;
3. An address, telephone number, and email address where we can contact you;
4. The name, address, telephone number, and e-mail address of the owner of the copyrighted work, if you are not the owner;
5. A statement that you have a good faith belief that use of the copyrighted material (or reference or link to such material) is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use);
6. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or you are authorized to act on the copyright owner's behalf;
7. Your full legal name and your physical or electronic signature, and if you are not the owner of the copyrighted work, signed authorization from the owner showing your authority to act on behalf of the owner.
CSF may request additional information before removing any allegedly infringing material. In the event CSF removes the allegedly infringing materials, CSF will immediately notify the person responsible for posting such materials that CSF removed or disabled access to the materials. CSF may also provide the responsible person with your email address so that the person may respond to your allegations.
Deliver this notice, with all items completed, to our DMCA Agent (and if sending electronically with the subject line "DMCA Complaint") as follows:
O'BANION & RITCHEY LLP
Attn: DMCA Agent
400 Capitol Mall, Suite 1550
Sacramento, CA 95814
916-498-1010 (tel); 916-498-1074 (fax)