(effective date:
07.05.2004)
NationalSummary.com created this
web site for your personal entertainment and enjoyment. We have
developed these Terms of Use to govern your use of this web site.
This web site is developed and managed by the NationalSummary.com and
we, along with our affiliates, partners, and advertisers, provide
content and services to you subject to the following conditions.
These Terms of Use are a
binding contract between you and us regarding your use of this web
site. By using the NationalSummary.com web site YOU AGREE TO BE BOUND
BY ITS CONDITIONS OF USE (explained below), LEGAL NOTICES, PRIVACY
POLICY, and all disclaimers and terms and conditions that appear
elsewhere on the NationalSummary.com web site.
This web site may also
include materials owned by third parties and posted on the web site
by virtue of a license, grant or some other form of agreement
between the third party and NationalSummary.com.
Please read these Terms of
Use carefully and save them. If you do not agree with the Terms of
Use or if at any time you are dissatisfied with the
NationalSummary.com
web site, its content, or Legal Notices, you agree that your sole
and exclusive remedy is to discontinue using the NationalSummary.com
web site.
TERMS OF USE UPDATES
NationalSummary.com reserves the right to make any changes to the
NationalSummary.com web site and its Terms of Use at any time without
notice. And we reserve the right at any time to change or
discontinue any aspect or feature of this web site, including, but
not limited to, content, hours of availability, and anything else
needed for access or use without notice. Such changes,
modifications, restrictions, additions, or deletions shall be
effective immediately. Each time you use the NationalSummary.com web
site, you should visit and review the then current Terms of Use
regularly to ensure you are updated as to any changes.
ACCESS
You are only authorized to access this web site or to use the
materials contained in the web site (regardless of whether your
access or use is intended) if you agree to abide by all applicable
laws and to these Terms of Use which constitute an Agreement between
you and NationalSummary.com.
THIRD PARTY SITES
NationalSummary.com is not responsible for the practices of third party
web sites that may be linked to this web site. Your dealings or
communications through this web site with any party other than us
are solely between you and that third party.
NationalSummary.com takes no
responsibility for third party advertisements, which are posted on
this web site, nor does it take any responsibility for the goods or
services provided by its advertisers.
Please review carefully a
third party’s policies and practices and make sure you are
comfortable with those policies and practices before you engage in
any transaction. Any complaints, concerns or questions you may have
relating to materials provided by third parties should be forwarded
directly to the third party.
This web site may also be
linked to other web sites operated by companies affiliated or
connected with NationalSummary.com. When visiting other web sites,
however, you should refer to each such web site's individual "Terms
of Use" and not rely on this Agreement.
THIRD PARTY CONTENT
NationalSummary.com is not responsible for the content of third party
web sites that may be linked to this web site. NationalSummary.com is a
distributor (and not a publisher) of content supplied by third
parties.
Accordingly,
NationalSummary.com has no more editorial control over such content
than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or
content expressed or made available by third parties, including
information providers, or by anyone else, are those of the
respective author(s) or distributor(s) and not of
NationalSummary.com.
Neither NationalSummary.com nor
any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose.
Please seek the advice of
professionals, as appropriate, regarding the evaluation of any
specific information, opinion, advice, or other content.
YOUR FEEDBACK
You are welcome and encouraged to post, transmit or submit messages
which include uploading files, inputting data or any other materials
or engaging in any form of communication in connection with this web
site to any public areas within, or in connection with this web
site.
This web site has created
several areas for you to provide an avenue to express your opinions
and share your ideas and information. Given the nature of this web
site and the volume of messages and postings, we use reasonable
efforts to monitor the web site, yet cannot and does not monitor all
of the material posted or transmitted by users and third party
information providers. To protect your safety, please use your best
judgment when using this web site. We particularly discourage
divulging personal phone numbers and addresses or other information
that can be used to identify or locate you. We reserve the right to
delete, move or edit any communications at any time, for any reason
or in its discretion, but have no obligation to review or remove any
such content.
CONDUCT
You shall use NationalSummary.com for lawful purposes only.
NationalSummary.com is a general audience web site and we reserve the
right to restrict any activity or communication of any user.
By submitting messages or
any form of communication, you represent to NationalSummary.com that
you are the rightful owner of such material or that you have first
obtained permission to submit the material from the rightful owner.
We strictly prohibit posting or submitting communications of
material that:
• Contains offensive,
libelous, vulgar, pornographic, profane, false, indecent, abusive,
hateful, defamatory, obscene, fraudulent, deceptive, or misleading
statements or remarks;
• Violates a copyright or trademark, or any other intellectual
property right of another;
• Violates the privacy rights of any third party;
• Violates any municipal, state or federal law, international law,
rule, regulation or ordinance, or encourages conduct that would
constitute a criminal offense or gives rise to civil liability or
attempts to encourage such violation;
• Improperly assume or claim the identity, characteristics or
qualifications of another person;
• Are for purposes of spamming;
• Contain any virus or other harmful component, or;
• Are for commercial purposes or contain advertising or are intended
to solicit a person to buy or sell services or to make donations.
This list is not exhaustive
therefore we reserve the right to remove any content posted on the
web site and/or terminate your access to this web site at any time
for any reason.
In addition, children under
the age of 13 are not authorized to post messages or participate in
any public area on this web site. NationalSummary.com is intended for
use by individuals 13 years of age or older. NationalSummary.com is not
directed to use by children under the age of 13. Users under the age
of 13 should get the assistance of a parent or guardian to use this
web site.
LINKING
If you operate a web site and you are interested in creating
hypertext links to this web site, you may link only to the home page
of this web site and not to any other page or sub-domain of
NationalSummary.com. In establishing hypertext links, you must not
represent in any way, expressly or by implication, that you have
received the endorsement, sponsorship or support of this web site,
including its respective employees, agents, directors, officers and
shareholders.
You may not frame or utilize
framing techniques that involve any copyrighted material or other
proprietary information (including images, text, page layout, or
form) of any portion of the web site or suggest any relationship
between our web site and you without our express written consent. In
addition, you agree not to de-compile, reverse engineer or
disassemble any software or other products or processes accessible
through this web site, not to insert any code or product or
manipulate the content of this website in any way that affects the
user’s experience, and not to use any data mining, robots,
cancelbots, spiders, Trojan horse, or any data gathering or
extraction method in connection with your use of this web site.
If NationalSummary.com has
provided links or pointers to other web sites, no inference or
assumption should be made and no representation should be implied
that NationalSummary.com is connected with, operates or controls these
web sites.
YOUR REPRESENTATIONS AND
WARRANTIES
You represent, warrant and covenant (a) that no materials of any
kind submitted by you contain any fraudulent, deceptive, or
misleading or otherwise unlawful material. If you are providing
information to this web site, you are at least thirteen (13) years
old.
INDEMNIFICATION
By accessing this web site, you agree to defend, indemnify and hold
harmless NationalSummary.com, their respective affiliate companies,
officers, directors, employees, shareholders, information providers,
affiliates, licensors and licensees (collectively, the "Indemnified
Parties") from and against any and all liability and costs,
including, without limitation, reasonable attorneys’ fees, incurred
by the Indemnified Parties in connection with any claim arising out
of any breach by you or any user of your account of these Terms or
as reasonably required in the defense of any such claim.
We reserve the right, at our
own expense, to assume the exclusive defense and control of any
matter subject to indemnification by you.
PROPRIETARY MATERIAL
All of the information, content, services and software displayed on,
transmitted through, or used in connection with this web site,
including for example directories, guides, news articles, opinions,
reviews, text, photographs, images, illustrations, audio clips,
video, html, source and object code, software, data, and the like
(collectively, the "Content"), as well as its selection and
arrangement, is owned by us, or its affiliated companies, licensors
and suppliers. We actively protect our rights to the Content to the
fullest extent of the law. You may not use such material except as
provided in these Terms of Service.
All materials contained in
this web site are proprietary material and must only be used solely
for personal, non-commercial purposes. You may use the Content
online and solely for your personal, non-commercial use, and you may
download or print a single copy of any portion of the Content for
your personal, non-commercial use, provided you do not remove any
trademark, copyright or other notice contained in such Content. No
other use is permitted. You may not, for example, republish the
Content on any Internet, Intranet or Extranet site or incorporate
the Content in any database, compilation, archive or cache. You may
not distribute any of the Content to others, whether or not for
payment or other consideration, and you may not modify, copy, frame,
reproduce, sell, publish, transmit, display or otherwise use any
portion of the Content without our written consent.
The reproduction,
duplication, distribution (including by way of email, facsimile or
other electronic means), publication, modification, copying or
transmission of material from this web site is STRICTLY PROHIBITED
unless you have obtained the prior written consent of
NationalSummary.com or unless it is expressly permitted by this web
site. The material covered by this prohibition includes, without
limitation, any text, graphics, logos, photographs, audio or video
material or stills from audiovisual material available on this web
site. The use of materials from this web site on any other web site
or networked computer environment is similarly prohibited.
You are also STRICTLY
PROHIBITED from creating works or materials that derive from or are
based on the materials contained in this Site including, without
limitation, fonts, icons, link buttons, wallpaper, desktop themes,
on-line postcards and greeting cards and unlicensed merchandise.
This prohibition applies regardless of whether the derivative
materials are sold, bartered or given away.
Requests to use the Content
for any purpose other than as permitted in this section should be
directed to:
CustomerService at NationalSummary.com
DISCLAIMER AND LIMITATION
OF LIABILITY
While we use reasonable efforts to include accurate and up-to-date
information on this web site, we make no warranties or
representations as to the accuracy of the Content and assume no
liability or responsibility for any error or omission in the
Content.
We do not represent or
warrant that use of any Content, when authorized, will not infringe
the rights of third parties. In addition, in some cases, Content
available on the Site may be provided and/or hosted by third
parties. We have not reviewed all of the web sites linked to this
web site and are not responsible for the content of any off-site
pages or links to or from any other web sites. While we encourage
such third parties to abide by these Terms of Service, we have no
responsibility for actions of third parties.
While NationalSummary.com does
its best to ensure the optimal performance of this web site, you
agree that you use this web site and rely on material contained in
this web site at your own risk.
This web site, and all
materials in this web site, are provided "as is" and, to the fullest
extent permitted by law, are provided without warranties of any kind
either express or implied. This means, without limitation, that
NationalSummary.com does not warrant that:
• This web site is fit for
any particular purpose;
• The functions contained in the materials in this web site will be
uninterrupted;
• Defects will be corrected;
• This web site is free of viruses and other harmful components or
• The web site is accurate, error free or reliable.
YOU ACKNOWLEDGE THAT
NationalSummary.com AND THIRD PARTY CONTENT PROVIDERS, THEIR PARENTS
AND AFFILIATES TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS,
DIRECTORS, OFFICERS AND SHAREHOLDERS, ARE NOT LIABLE FOR ANY DELAYS,
INACCURACIES, FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS,
DEFECTS, VIRUSES, COMMUNICATION LINE FAILURES OR FOR THE THEFT,
DESTRUCTION, DAMAGE OR UNAUTHORIZED ACCESS TO YOUR COMPUTER SYSTEM
OR NETWORK.
YOU ACKNOWLEDGE THAT
NationalSummary.com IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OR MATERIAL FOUND IN CONNECTION WITH THIS WEB SITE,
INCLUDING SUCH CONDUCT OR MATERIAL TRANSMITTED BY ANY MEANS BY ANY
OTHER PERSON.
YOU ACKNOWLEDGE THAT
NationalSummary.com AND THIRD PARTY CONTENT PROVIDERS ARE NOT LIABLE
FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, IN CONNECTION WITH OR
ARISING FROM YOUR USE OR FROM YOUR INABILITY TO USE THE WEB SITE.
MISCELLANEOUS
These Terms of Service will be governed by and construed in
accordance with the laws of the State of Texas, without regard to
its conflicts of law provisions. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used
herein are for convenience only and shall not be given any legal
import.
This Agreement operates to
the fullest extent permissible by law. If for any reason any
provision of this Agreement is found unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect
the intent of the parties as reflected in that provision, and the
remainder of the Agreement shall continue in full force and effect.
Any failure of ours to enforce or exercise any provision of this
Agreement or related right shall not constitute a waiver of that
right or provision.