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Site Use Agreement
1. General.
1.1 This Agreement governs
your use of abcfireinc.net or any content or portion of this site which
is which is operated by abcfireinc.net.
1.2 abcfireinc.net reserves the right, in its discretion, to change
or modify all or any part of this Agreement at any time, effective
immediately upon notice published on abcfireinc.net. Your continued use
of abcfireinc.net constitutes your binding acceptance of these terms and
conditions, including any changes or modifications made by
abcfireinc.net as permitted above. If at any time the terms and
conditions of this Agreement are no longer acceptable to you, you should
immediately cease use of abcfireinc.net.
2. Use of Content.
2.1 You acknowledge that abcfireinc.net contains information,
photographs, graphics, links and other material (collectively, the
"Content") that are protected by copyright, trademark or other
proprietary rights of abcfireinc.net or third parties. All Content on
abcfireinc.net is copyrighted as a collective work of abcfireinc.net
pursuant to applicable copyright law. You agree to comply with any
additional copyright notices, information, or restrictions contained in
any Content available on or accessed through abcfireinc.net. Users of
abcfireinc.net may use the Content only for their personal,
noncommercial use.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, display, or in any
way exploit any of the Content, in whole or in part, except as otherwise
expressly permitted in this Agreement.
2.3 You may download or copy the Content only for your own personal use,
provided that you maintain and include all copyright and other notices
contained in such Content. You shall not store electronically any
significant portion of any Content. Except as expressly permitted by the
copyright laws, no copying, storage, redistribution or publication of
any Content is permitted without the express permission of
abcfireinc.net or the owners of such Content or their authorized persons
if other than abcfireinc.net. You may download from abcfireinc.net any
Content in the public domain for your own, personal use or for
noncommercial distribution.
2.4 INFORMATION
PROVIDED ON ABCFIREINC.NET IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND FREEDOM FROM INFRINGEMENT. The user assumes the entire risk as to
the accuracy and the use of this website.
3. Submissions of Ideas
The abcfireinc.net is always improving Content and
developing new features. If you have ideas regarding improvements or
additions to the abcfireinc.net, we would like to hear them -- but any
submission will be subject to these Terms and Conditions. UNDER NO
CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO
ABCFIREINC.NET BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR
EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED
MATERIAL TO ABCFIREINC.NET, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY
HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND
WARRANTING TO ABCFIREINC.NET THAT THE IDEA AND/OR RELATED MATERIALS ARE
WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA
AND/OR MATERIALS AND THAT ABCFIREINC.NET IS FREE TO IMPLEMENT THE IDEA
AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY
ABCFIREINC.NET, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD
PARTY.
4. Managing
Content.
abcfireinc.net reserves the
right to delete, move or edit any Content that it may determine, in its
sole discretion, violates or may violate this Agreement or is otherwise
unacceptable. abcfireinc.net shall have the right but not the
obligation, to correct any errors or omissions in any Content, as it may
determine in its sole discretion.
5. No Endorsement
5.1 abcfireinc.net does not represent or endorse the accuracy or
reliability of any Content posted on any Area and you acknowledge that
any reliance upon such Content shall be at your sole risk.
5.2 abcfireinc.net may contain links to sites on the Internet which are
owned and operated by third parties (the "External Sites"). You
acknowledge that abcfireinc.net is not responsible for the availability
of, or the content located on or through any External Site. You should
contact the site administrator or Webmaster for those External Sites if
you have any concerns regarding such links or the content located on
such External Sites.
6. Indemnity.
You agree to indemnify, defend and hold abcfireinc.net and its
affiliates, and their respective officers, directors, owners, agents,
information providers and licensors (collectively, the "abcfireinc.net
Parties") harmless from and against any and all claims, liability,
losses, costs and expenses (including attorneys' fees) incurred by any
abcfireinc.net Party in connection with any use or alleged use of
abcfireinc.net under your user name by any person, whether or not
authorized by you. abcfireinc.net reserves the right, at your expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to
cooperate with abcfireinc.net's defense of such claim.
7. Termination of Service.
abcfireinc.net reserves the right, in its sole discretion, to
restrict, suspend or terminate your access to all or any part of
abcfireinc.net at any time for any reason without prior notice or
liability. abcfireinc.net may change, suspend or discontinue all or any
aspect of abcfireinc.net at any time, including the availability of any
feature, database, or Content (including the Interactive Areas), without
prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER ABCFIREINC.NET NOR ANY PROVIDER OF THIRD PARTY CONTENT
OR THEIR RESPECTIVE AGENTS WARRANTS THAT ABCFIREINC.NET WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES ABCFIREINC.NET, ANY THIRD PARTY
CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE
RESULTS TO BE OBTAINED FROM USE OF ABCFIREINC.NET OR THE CONTENT.
ABCFIREINC.NET AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE"
BASIS. NEITHER ABCFIREINC.NET, THIRD PARTY CONTENT PROVIDERS, NOR THEIR
RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO ABCFIREINC.NET ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD
THROUGH ABCFIREINC.NET. NEITHER ABCFIREINC.NET NOR ANY THIRD PARTY CONTENT
PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH
ABCFIREINC.NET WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR
DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF ABCFIREINC.NET AND THE ACCURACY OR COMPLETENESS
OF THE CONTENT IS. ASSUMED SOLELY BY YOU.
8.2 NEITHER ABCFIREINC.NET, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR
AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE ABCFIREINC.NET, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
THE LIABILITY OF ABCFIREINC.NET, THIRD PARTY CONTENT PROVIDERS AND THEIR
RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
9. Miscellaneous.
This Agreement shall be construed in accordance with the laws of the
State of Ohio, and the parties irrevocably consent to bring any action
to enforce this Agreement in the federal or state courts located in
Cuyahoga County, Ohio. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and
supersedes all previous written or oral agreements between the parties
with respect to such subject matter. All provisions hereof shall survive
any termination of this Agreement as well as any other revisions which
by their terms or sense are intended to survive. |