Website Terms of Use

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Website Terms of Use Powered By Docstoc
					This is a document that a website provides users informing them of the terms and
restrictions of use. This document includes terms governing user conduct, copyright
restrictions, unlawful use, spamming, protection of trademarks, and links. In addition,
these terms protect the website by including a general disclaimer and a limitation of
liability clause. This document can be used by small businesses that have interactive
websites and want to limit their potential liability by providing their users with the terms
of use.
                                     TERMS OF USE


Please Read Carefully Before Using This Website

___________ [NAME OF COMPANY] (hereinafter “Company”) maintains this site for
information and communication purposes. This webpage contains the Terms of Use governing
your access to and use of ___________.___ [Website Name] (hereinafter the “Website”). If you
do not accept these Terms of Use or you do not meet or comply with their provisions, you may
not use the Site. Such access and all related hardware, software, and services costs are your sole
responsibility and you hereby release Company from any liability for any errors, failures or
malfunctions of all such hardware, software and/or services.
Before you may obtain services through this Website, you must read, agree with, and accept all
of the terms and conditions contained in this Agreement and the Privacy Policy, which includes
by reference those terms and conditions expressly set out below.

By your use of this site you agree that:

1. You are at least eighteen years old, and
2. You have read, and fully understand and agree to abide by this Agreement and the documents
it incorporates by reference,
3. You intend to form a legally binding contract by utilizing or viewing this site, and
4. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF
ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS,
OR USEFULNESS OF SUCH CONTENT.

If you do not agree to be bound by the terms and conditions of this Agreement, please do not use
or request our services through this Website.

Within Company's sole discretion these terms are subject to amendment, change, modification,
revision, or termination at any time without advance notice to you. Any and all such changes
shall be immediately effective at the time they are posted on the Site and it is your (the user's)
duty to maintain through the Site, your familiarity with these terms and conditions as they
change over time.
1. Information and PrivacyUserConduct:
Company is strongly committed to protecting your privacy and has implemented a
comprehensive privacy policy. Company does not disclose or release personal or financial
information about you except what is necessary to process your request for assistance. For
details, please view our Privacy Policy.
2. UserConduct:
You agree not to post on the Website any content that (a) is libelous, defamatory, obscene,
pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or
destructive features, (c) violates the rights of others, including protections of copyright,
trademark, patent, trade secrets, or any right of privacy or publicity, or (d) otherwise violates any
applicable law. You will not post on this Website any links to any external Internet sites that are
obscene or pornographic. Any information that you provide to Company must be true, complete,
and accurate, must not represent you as someone else or falsely identify any third party, and must
not violate any law, statute, ordinance, or regulation.
3. Copyright/Restrictions on Use of Material
The Site(s), the software used with the Site, and all content such as computer code, text,
graphics, site-images, etc., along with the collection, arrangement, and assembly of such, are the
exclusive intellectual property of Company, or its affiliates, and is protected by both United
States and international intellectual property laws; specifically, copyright, trademark/service
mark, trade secret, trade dress, patent, and/or other proprietary rights and laws.
Company grants to you only a limited, non-exclusive, non-transferable, non-assignable license to
use the intellectual property on the Site solely for the purposes of viewing the Site. Except as
expressly provided herein, you may not use, reproduce, modify, transmit, distribute, or publicly
display or operate this Website without the prior written permission of Company. You may not
use a part of this Website on any other website, without Company’s prior written consent. You
may not sell, resell, de-compile, reverse engineer, disassemble, or otherwise translate any of the
software portions of the Site or to a human-readable form. You may not copy, reproduce,
republish, upload, post, transmit, or distribute materials from the Site or in any way except as
authorized herein or thereon or by other prior written permission from Company. You agree not
to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site or, in
whole or in part, nor use any content for any purpose other than that intended, unless previously
authorized by us in writing. Any unauthorized use of any material contained in the Site is strictly
prohibited.
Company respects the intellectual property rights of others and expects our users to do the same.
The policy of Company is to terminate the accounts of repeat copyright offenders and other users
who infringe upon the intellectual property rights of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, please contact us at
__________@______.___ [EMAIL ADDRESS]

4. No Unlawful Or Prohibited Use

As a condition of your use of the Website, you warrant to Company that you will not use the
Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Website in any manner which could damage, disable, overburden, or impair
the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain
or attempt to obtain any materials or information through any means not intentionally made
available or provided for through the Site.




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5. Spamming

Gathering email addresses from Company through harvesting or automated means is prohibited.
Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any
other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial
relationship with Company should be directed to: __________@______.___ [EMAIL
ADDRESS].

6. Trademarks, Service Marks, Logos, Corporate Identifications Protected

All trademarks, service marks, logos, or other corporate identifications (collectively "Marks") on
this Website are trademarks or service marks of Company. User agrees not to use, copy,
reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The
use of these Marks on or as a link to any other website is strictly prohibited without prior written
approval by Company.

7. Links

This Website contains links to third party sites. User accesses these sites at User's own risk; the
Website is not responsible for the contents, changes, updates, or other links contained in a linked
site. Company provides these links merely as a convenience, and the inclusion of such links does
not imply an endorsement by the Website or the URL of the site.

Any third party desiring to link to the Website must link to the Website's homepage located at
____________ [URL OF HOMEPAGE]. No one may link to any other page of this Website
without the prior written consent of Company.

You may not link to this Website without Company’s written permission. If you are interested in
linking to this Website, please contact __________@______.___ [EMAIL ADDRESS]

8. General Disclaimer

Although Company has made reasonable efforts to place accurate information on this Website,
Company assumes no responsibility for the accuracy of the information. Company PROVIDES
THIS WEBSITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW.
FURTHER, ANY EDUCATIONAL MATERIAL, SEMINAR MATERIAL, OR ANY OTHER
REFERENCE IS PROVIDED "AS IS" WHERE IS AND COMPANY FURTHER DISCLAIMS
ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE
CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING
CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED ON TO MAKE
BUSINESS OR OTHER DECISIONS COMPANY DOES NOT WARRANT
UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS
CONTENT OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.


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9. Limitation of Liability

COMPANY SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO
USE THIS SITE, FOR EDUCATIONAL MATERIAL SOLD OR DISTRIBUTED ON THIS
SITE OR AS CONTAINED IN SEMINARS OR EDUCATIONAL CLASSES PROVIDED AT
THIRD-PARTY LOCATIONS WHETHER OR NOT COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR
NEGLIGENCE OR GROSS NEGLIGENCE.

10. Indemnification

User agrees to indemnify and hold harmless, to the fullest extent allowed by law, Company, at
User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements,
expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by
any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the
copyright, trademark, trade secret, patent, or other proprietary right of a third party.

11. No Partnership or Agency

User understands and acknowledges that no joint venture, partnership, employment, or agency
relationship exists or is created between User and Company as a result of use of the Website.

12. Limitation Of Liability

Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that
may infect your computer equipment or other property on account of your access to, use of, or
browsing in this Site or your downloading of any materials, data, text, images, video or audio
from the site. We are also not responsible for any loss attributed to our failure to provide timely
reminders to our users. In no event shall Company or any third party providers or distributors be
liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special,
exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in
contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i)
any use of this site or content found herein, or (ii) the performance or non performance by
Company or any third party providers, including, but not limited to, non performance resulting
from bankruptcy, reorganization, insolvency, dissolution, or liquidation even if such party has
been advised of the possibility of damages to such parties or any other party.

13. Compliance With State And Federal Laws

Use of this Site is governed by all applicable federal, state, and local laws. All information
available on this Site is subject to U.S. export control laws and may also be subject to the laws of
the country where you reside. Company makes no representation that the Content on this Site is
appropriate or available for use in other locations, and access to it from territories where the
Content is illegal and prohibited.




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14. Miscellaneous

Company may be required by state or federal law to notify you of certain events. You hereby
acknowledge and consent that such notices will be effective upon our posting them on the Site or
delivering them to you through e-mail. You may update your e-mail address by visiting the
Services where you have provided contact information. If you do not provide us with accurate
information, Company cannot be held liable if we fail to notify you.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not
constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year
after such claim or cause of action arose or be forever barred.

These Terms of Use, including all terms, conditions, and policies that are incorporated into these
terms by reference, constitute the entire integrated agreement between you and Company and
govern your use of the Site, superseding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of the State of ____________, and
the parties irrevocably consent to bring any action to enforce these Terms before an arbitration
panel or before a court of competent jurisdiction in ________________ [STATE] if seeking
interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable
law, 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 Terms shall continue in effect.

CONTACT US:

If you would like to request additional information regarding these Terms of Use, please contact
us at __________@______.___ [EMAIL ADDRESS.




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DOCUMENT INFO
Description: This is a document that a website provides users informing them of the terms and restrictions of use. This document includes terms governing user conduct, copyright restrictions, unlawful use, spamming, protection of trademarks, and links. In addition, these terms protect the website by including a general disclaimer and a limitation of liability clause. This document can be used by small businesses that have interactive websites and want to limit their potential liability by providing their users with the terms of use.
This document is also part of a package Website Development Toolkit 7 Documents Included