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Terms of Use
AGREEMENT BETWEEN USER AND Equine Biomechanics, Inc.
The Equine Biomechanics, Inc. Web Site is comprised of various Web pages operated by Equine Biomechanics, Inc..
The Equine Biomechanics, Inc. Web Site is offered to you conditioned on
your acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the Equine Biomechanics, Inc. Web
Site constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
Equine Biomechanics, Inc. reserves the right to change the terms,
conditions, and notices under which the Equine Biomechanics, Inc. Web
Site is offered, including but not limited to the charges associated
with the use of the Equine Biomechanics, Inc. Web Site.
LINKS TO THIRD PARTY SITES
The Equine Biomechanics, Inc. Web Site may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are not under the control of
Equine Biomechanics, Inc. and Equine Biomechanics, Inc. is not
responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Equine Biomechanics, Inc. is not responsible
for webcasting or any other form of transmission received from any
Linked Site. Equine Biomechanics, Inc. is providing these links to you
only as a convenience, and the inclusion of any link does not imply
endorsement by Equine Biomechanics, Inc. of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Equine Biomechanics, Inc. Web Site,
you warrant to Equine Biomechanics, Inc. that you will not use the
Equine Biomechanics, Inc. Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the
Equine Biomechanics, Inc. Web Site in any manner which could damage,
disable, overburden, or impair the Equine Biomechanics, Inc. Web Site
or interfere with any other party's use and enjoyment of the Equine
Biomechanics, Inc. Web Site. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made
available or provided for through the Equine Biomechanics, Inc. Web
Sites.
USE OF COMMUNICATION SERVICES
The Equine Biomechanics, Inc. Web Site may contain bulletin board
services, chat areas, news groups, forums, communities, personal web
pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with
a group (collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information.
Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all
necessary consents.
Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer.
Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows
such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed
in such manner.
Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source
of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Equine Biomechanics, Inc. has no obligation to monitor the
Communication Services. However, Equine Biomechanics, Inc. reserves the
right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. Equine Biomechanics, Inc.
reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason
whatsoever.
Equine Biomechanics, Inc. reserves the right at all times to disclose
any information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in Equine
Biomechanics, Inc.'s sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. Equine Biomechanics, Inc. does not control or endorse the
content, messages or information found in any Communication Service
and, therefore, Equine Biomechanics, Inc. specifically disclaims any
liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service.
Managers and hosts are not authorized Equine Biomechanics, Inc.
spokespersons, and their views do not necessarily reflect those of
Equine Biomechanics, Inc..
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO Equine Biomechanics, Inc. OR POSTED AT ANY Equine Biomechanics, Inc. WEB SITE
Equine Biomechanics, Inc. does not claim ownership of the materials you
provide to Equine Biomechanics, Inc. (including feedback and
suggestions) or post, upload, input or submit to any Equine
Biomechanics, Inc. Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Equine Biomechanics, Inc.,
its affiliated companies and necessary sublicensees permission to use
your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name
in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Equine Biomechanics, Inc. is under no
obligation to post or use any Submission you may provide and may remove
any Submission at any time in Equine Biomechanics, Inc.'s sole
discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE Equine Biomechanics, Inc. WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. Equine Biomechanics, Inc. AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Equine Biomechanics, Inc.
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Equine Biomechanics, Inc.
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Equine Biomechanics, Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE Equine Biomechanics, Inc. WEB SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Equine
Biomechanics, Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
Equine Biomechanics, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE Equine Biomechanics, Inc. WEB SITE,
WITH THE DELAY OR INABILITY TO USE THE Equine Biomechanics, Inc. WEB
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE Equine Biomechanics, Inc. WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Equine Biomechanics,
Inc. WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Equine Biomechanics, Inc. OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
Equine Biomechanics, Inc. WEB SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Equine
Biomechanics, Inc. WEB SITE.
TERMINATION/ACCESS RESTRICTION
Equine Biomechanics, Inc. reserves the right, in its sole discretion,
to terminate your access to the Equine Biomechanics, Inc. Web Site and
the related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Washington, U.S.A. and you
hereby consent to the exclusive jurisdiction and venue of courts in
King County, Washington, U.S.A. in all disputes arising out of or
relating to the use of the Equine Biomechanics, Inc. Web Site. Use of
the Equine Biomechanics, Inc. Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. You agree
that no joint venture, partnership, employment, or agency relationship
exists between you and Equine Biomechanics, Inc. as a result of this
agreement or use of the Equine Biomechanics, Inc. Web Site. Equine
Biomechanics, Inc.'s performance of this agreement is subject to
existing laws and legal process, and nothing contained in this
agreement is in derogation of Equine Biomechanics, Inc.'s right to
comply with governmental, court and law enforcement requests or
requirements relating to your use of the Equine Biomechanics, Inc. Web
Site or information provided to or gathered by Equine Biomechanics,
Inc. with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement
between the user and Equine Biomechanics, Inc. with respect to the
Equine Biomechanics, Inc. Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral
or written, between the user and Equine Biomechanics, Inc. with respect
to the Equine Biomechanics, Inc. Web Site. A printed version of this
agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same
conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Equine Biomechanics, Inc. Web Site are: Copyright
2006 Equine Biomechanics, Inc. and/or its suppliers. All rights
reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.
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