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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
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.
COPYRIGHT
NOTICE.© 1999-2006 PriorityDigital.com
Prepared for: SRD Marketing ,All rights reserved.
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