Gary Ortlieb

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Show Ready Detail (GaryOrtlieb.com) Agreement

The GaryOrtlieb.com Web Site (the "Site") is an online product and information service provided by Show  Ready Detail ("Show  Ready Detail "), subject to your compliance withthe terms and conditions set forth below. PLEASE READ THIS DOCUMENTCAREFULLY 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. Show  Ready Detail MAY MODIFYTHIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVEIMMEDIATELY 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 BEDEEMED 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 areShow  Ready Detail, 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 OTHER THAN PRODUCTS AND RIGHTS THAT YOU PURCHASE. BY PURCHASING PRODUCTS AND THE RIGHTS OF RESALE YOU AGREE TO USE THE RIGHTS ONLY AS STATED IN THE LICENSE. 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 Show  Ready Detail 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 Show  Ready Detail by all means and in any media now known or here after developed. You also grant to Show  Ready Detail the right to use your name in connection with the submitted materials andother information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Show  Ready Detail for anyalleged or actual infringement or misappropriation of any proprietary right in your communications  to Show  Ready Detail

 

TrafficServer 1.01 TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Show  Ready Detail.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 Show  Ready Detail, Show  Ready Detail does not operate, control or endorse anyinformation, products or services on the Internet in any way. Exceptfor Show  Ready Detail- identified information, products orservices, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Show  Ready Detai. You also understand that Show  Ready Detail cannot and does not guarantee or warrant that files available for downloading through the Site will be free ofinfection 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. Show  Ready Detail PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS ORIMPLIED 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 SRD Marketing 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. SRD Marketing DOES NOTWARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.GaryOrtlieb.com HAS NO CONTROL OVER AND ACCEPTS NORESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

 

LIMITATION OF LIABILITY


IN NO EVENT WILL SRD Marketing BE LIABLE FOR (I) 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 Show  Ready Detail OR ITSAUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) 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, SRD Marketing LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Show  Ready Detail 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-SRD Marketing web site, please understand that it is independent from Show  Ready Detail, and that Show  Ready Detail has no control over the content on that website. In addition, a link to a Show  Ready Detail web site doesnot mean that Show  Ready Detail endorses or accepts anyresponsibility for the content, or the use, of such web site.

 

3. Indemnification.

You agree to indemnify, defend and hold harmless  Show  Ready Detail, its  officers, directors, employees, agents, licensors, suppliers andany 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  Show  Ready Detail andits officers, directors, employees, agents, licensors, suppliers, andany 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 United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Show  Ready Detail and youfor any purpose concerning this Agreement or the parties' obligationshereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . 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.Show  Ready Detail'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. Show  Ready Detail may assign itsrights and duties  under  this  Agreement to any party at any time without notice to you.

 

Any rights  not expressly granted herein are reserved.


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