AGREEMENT
BETWEEN USER AND LOGPIPE LLC
The LOGPIPE LLC Web Site is comprised of
various Web pages operated by LOGPIPE LLC.
The LOGPIPE LLC Web Site is offered to you
conditioned on your acceptance without
modification of the terms, conditions, and
notices contained herein. Your use of the
LOGPIPE LLC Web Site constitutes your
agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
LOGPIPE LLC reserves the right to change the
terms, conditions, and notices under which
the LOGPIPE LLC Web Site is offered,
including but not limited to the charges
associated with the use of the LOGPIPE LLC
Web Site.
LINKS TO THIRD PARTY SITES
The LOGPIPE LLC Web Site may contain links
to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of
LOGPIPE LLC and LOGPIPE LLC 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. LOGPIPE LLC is
not responsible for webcasting or any other
form of transmission received from any
Linked Site. LOGPIPE LLC is providing these
links to you only as a convenience, and the
inclusion of any link does not imply
endorsement by LOGPIPE LLC of the site or
any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the LOGPIPE
LLC Web Site, you warrant to LOGPIPE LLC
that you will not use the LOGPIPE LLC Web
Site for any purpose that is unlawful or
prohibited by these terms, conditions, and
notices. You may not use the LOGPIPE LLC Web
Site in any manner which could damage,
disable, overburden, or impair the LOGPIPE
LLC Web Site or interfere with any other
party's use and enjoyment of the LOGPIPE LLC
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 LOGPIPE LLC Web
Sites.
USE OF COMMUNICATION SERVICES
The LOGPIPE LLC 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.
LOGPIPE LLC has no obligation to monitor the
Communication Services. However, LOGPIPE LLC
reserves the right to review materials
posted to a Communication Service and to
remove any materials in its sole discretion.
LOGPIPE LLC reserves the right to terminate
your access to any or all of the
Communication Services at any time without
notice for any reason whatsoever.
LOGPIPE LLC 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 LOGPIPE LLC's sole discretion.
Always use caution when giving out any
personally identifying information about
yourself or your children in any
Communication Service. LOGPIPE LLC does not
control or endorse the content, messages or
information found in any Communication
Service and, therefore, LOGPIPE LLC
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 LOGPIPE LLC
spokespersons, and their views do not
necessarily reflect those of LOGPIPE LLC.
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 LOGPIPE LLC OR POSTED
AT ANY LOGPIPE LLC WEB SITE
LOGPIPE LLC does not claim ownership of the
materials you provide to LOGPIPE LLC
(including feedback and suggestions) or
post, upload, input or submit to any LOGPIPE
LLC Web Site or its associated services
(collectively "Submissions"). However, by
posting, uploading, inputting, providing or
submitting your Submission you are granting
LOGPIPE LLC, its affiliated companies and
necessary sub licensees 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. LOGPIPE LLC is under no obligation
to post or use any Submission you may
provide and may remove any Submission at any
time in LOGPIPE LLC'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 LOGPIPE LLC WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. LOGPIPE LLC AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE LOGPIPE LLC WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE LOGPIPE LLC
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.
LOGPIPE LLC 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 LOGPIPE LLC 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. LOGPIPE
LLC 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 LOGPIPE
LLC 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
LOGPIPE LLC WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE LOGPIPE LLC 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
LOGPIPE LLC WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE LOGPIPE LLC WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF
LOGPIPE LLC 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 LOGPIPE LLC WEB SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
LOGPIPE LLC WEB SITE.
SERVICE CONTACT :
TERMINATION/ACCESS RESTRICTION
LOGPIPE LLC reserves the right, in its sole
discretion, to terminate your access to the
LOGPIPE LLC 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 LOGPIPE LLC Web Site. Use of
the LOGPIPE LLC 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 LOGPIPE
LLC as a result of this agreement or use of
the LOGPIPE LLC Web Site. LOGPIPE LLC's
performance of this agreement is subject to
existing laws and legal process, and nothing
contained in this agreement is in derogation
of LOGPIPE LLC's right to comply with
governmental, court and law enforcement
requests or requirements relating to your
use of the LOGPIPE LLC Web Site or
information provided to or gathered by
LOGPIPE LLC 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 LOGPIPE LLC
with respect to the LOGPIPE LLC Web Site and
it supersedes all prior or contemporaneous
communications and proposals, whether
electronic, oral or written, between the
user and LOGPIPE LLC with respect to the
LOGPIPE LLC 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 LOGPIPE LLC Web Site
are: Copyright 2006 by LOGPIPE.com 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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