AGREEMENT
BETWEEN USER AND THE SKBA Website
The SKBA Website Web Site is comprised of various Web pages
operated by SKBA Website.
The SKBA Website is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the SKBA Website constitutes your agreement to all such
terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
The SKBA Website reserves the right to change the terms,
conditions, and notices under which the SKBA Website is offered, including but
not limited to the charges associated with the use of the SKBA Website.
LINKS TO THIRD PARTY SITES
The SKBA Website may contain links to other web sites ("Linked
Sites"). The Linked Sites are not under the control of the SKBA Website
and SKBA Website 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. The SKBA Website is not responsible for
webcasting or any other form of transmission received from any Linked Site. The
SKBA Website is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by the SKBA Website of the
site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the SKBA Website, you warrant
to the SKBA Website that you will not use the SKBA Website for any purpose that
is unlawful or prohibited by these terms, conditions, and notices. You may not
use the SKBA Website in any manner which could damage, disable, overburden, or impair
the SKBA Website or interfere with any other party's use and enjoyment of the
SKBA 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 SKBA Website.
USE OF COMMUNICATION SERVICES
The SKBA Website 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.
The SKBA Website reserves the right to
review materials posted to a Communication Service and to remove any materials
in its sole discretion. The SKBA Website reserves the right to terminate your
access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
The SKBA Website 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 the SKBA Website's sole
discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in any Communication
Service. The SKBA Website does not control or endorse the content, messages or
information found in any Communication Service and, therefore, the SKBA Website
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 SKBA Website spokespersons, and their
views do not necessarily reflect those of the SKBA Website.
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 THE SKBA Website OR POSTED AT ANY
SKBA Website
The SKBA Website does not claim ownership of the materials
you provide to the SKBA Website (including feedback and suggestions) or post,
upload, input or submit to any SKBA Website or its associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting the SKBA
Website, 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. The SKBA Website is under no obligation to post
or use any Submission you may provide and may remove any Submission at any time
in the SKBA Website'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 SKBA WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
THE SKBA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SKBA WEB
SITE AT ANY TIME. ADVICE RECEIVED VIA THE SKBA 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.
THE SKBA WEBSITE 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 SKBA 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 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 THE SKBA WEBSITE 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 SKBA WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SKBA 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 SKBA WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SKBA WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF SKBA 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 SKBA WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SKBA WEB SITE.
SERVICE CONTACT : ahuja@skba.com
TERMINATION/ACCESS RESTRICTION
THE SKBA Website reserves the right, in its sole discretion,
to terminate your access to the SKBA Website 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 SKBA Website Web Site. Use
of the SKBA Website 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 SKBA Website as a result of this agreement or use of the SKBA Website. SKBA
Website's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of the SKBA Website's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the SKBA Website or information provided to or gathered by the SKBA
Website 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 SKBA Website with respect to the SKBA Website
and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and the SKBA Website with
respect to the SKBA Website. 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 and 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 SKBA Website are: Copyright 2008 by SKBA
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.