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Terms
of Use:
Posted
5/29/2002
PLEASE
READ THESE TERMS CAREFULLY BEFORE
USING THIS WEB SITE. USING THIS WEB
SITE INDICATES THAT YOU ACCEPT THESE
TERMS. IF YOU DO NOT ACCEPT THESE
TERMS, PLEASE DO NOT USE THIS WEB
SITE.
Use
of Site. David Broadaway ("DavidBway.com")
authorizes you to view and download
the materials at this Web site
("Site") only for your
personal, non-commercial use,
provided that you retain all
copyright and other proprietary
notices contained in the original
materials on any copies of the
materials. You may not modify the
materials at/of this Site in any way
or reproduce or publicly display, or
distribute or otherwise use them for
any public or commercial purposes
without the specific authorization
of David Broadaway (DavidBway.com).
For purposes of these Terms, any use
of these materials, on any other Web
site or networked computer
environment, for any purpose is
prohibited. The materials at this
Site are copyrighted and any
unauthorized use of any materials at
this Site may violate copyright,
trademark, and other laws. If you
breach any of these Terms, your
authorization to use this Site
automatically terminates and you
must immediately destroy any
downloaded or printed materials.
David Broadaway (DavidBway.com) also
reserves the right to terminate your
authorization to use any services at
the Site and to discontinue any one
or more of your related accounts,
with or without cause, immediately
and at any time.
User
Submissions. Other than personally
identifiable information, which is
covered under the DavidBway.com
Online Privacy Statement, any
material, information or other
communication you transmit or post
to this Site will be considered
non-confidential and non-proprietary
("Communications"). David
Broadaway (DavidBway.com) will have
no obligations with respect to the
Communications. David Broadaway (DavidBway.com)
and its designees will be free to
copy, disclose, distribute,
incorporate and otherwise use the
Communications and all data, images,
sounds, text, and other things
embodied therein for any and all
commercial or non-commercial
purposes. You are prohibited from
posting or transmitting to or from
this Site any unlawful, threatening,
libelous, defamatory, obscene,
pornographic, or other material that
would violate any law, or be
offensive to viewers of any group.
Links
To Other Web Sites. Links to third
party Web sites on this Site are
provided solely as a convenience to
you. If you use these links, you
will leave this Site. David
Broadaway (DavidBway.com) has not
reviewed these third party sites and
does not control their content, and
is not responsible for any of these
sites or their content. Thus, David
Broadaway (DavidBway.com) does not
endorse or make any representations
about them, or any information,
software or other products or
materials found there, or any
results that may be obtained from
using them. If you decide to access
any of the third party sites linked
to this Site, you do this entirely
at your own risk.
Disclaimer.
THE MATERIALS AND SERVICES PROVIDED
AT THIS SITE ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTIES OF
ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY;, except that which is
specifically stated. David Broadaway
(DavidBway.com) further does not
warrant the accuracy and
completeness of the materials or
services at this Site. David
Broadaway (DavidBway.com) may make
changes to the materials and
services at this Site, or to the
products and prices described in
them, at any time without notice.
The materials and services at this
Site may be out of date, and David
Broadaway (DavidBway.com) makes no
commitment to update the materials
and services at this Site.
Information published at this Site
may refer to products, programs or
services that are not available in
your country. Consult your
DavidBway.com business contact for
information regarding the products,
programs and services that may be
available to you. Applicable law may
not allow the exclusion of implied
warranties, so the above exclusion
may not apply to you.
Limitation
of Liability. IN NO EVENT WILL DAVID
BROADAWAY (DavidBway.com), ITS
SUPPLIERS, OR OTHER THIRD PARTIES
MENTIONED AT THIS SITE BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING
FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION) ARISING OUT
OF THE USE, INABILITY TO USE, OR THE
RESULTS OF USE OF THIS SITE, ANY WEB
SITES LINKED TO THIS SITE, OR THE
MATERIALS OR INFORMATION OR SERVICES
CONTAINED AT ANY OR ALL SUCH SITES,
WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND
WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR
USE OF THE MATERIALS, INFORMATION OR
SERVICES FROM THIS SITE RESULTS IN
THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU
ASSUME ALL COSTS THEREOF. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
Procedure
for Making Claims of Copyright
Infringement. In accordance with the
Digital Millennium Copyright Act (17
USC § 512), David Broadaway (DavidBway.com)
acts as it's own agent for copyright
infringement claims. Any
notifications of claimed copyright
infringement must be sent to info@davidbway.com
with "Copyright
Infringement" as the subject.
Applicable
Laws. This Site is administered by
David Broadaway's (DavidBway.com's)
webmaster (eFrow, Inc.) from its
offices in Conway, Arkansas. David
Broadaway (DavidBway.com) makes no
representation that materials or
services at this Site are
appropriate or available for use
outside the United States, and
access to them from territories
where their contents are illegal is
prohibited. You may not use or
export or re-export the materials or
services at this Site or any copy or
adaptation in violation of any
applicable laws or regulations
including without limitation U.S.
export laws and regulations. If you
choose to access this Site from
outside the United States, you do so
on your own initiative and are
responsible for compliance with
applicable local laws. These Terms
will be governed by and construed in
accordance with the laws of the
State of Arkansas, without giving
effect to any principles of
conflicts of laws.
General.
David Broadaway (DavidBway.com) may
revise these Terms at any time by
updating this posting. You should
visit this page from time to time to
review the then-current Terms
because they are binding on you.
Certain provisions of these Terms
may be superseded by expressly
designated legal notices or terms
located on particular pages at this
Site.
Note:
Anyone linking to David Broadaway's
(DavidBway.com's) Web site must
comply with the Guidelines
for Linking to DavidBway.com's Web
Site and all applicable laws.
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