Terms Of Use
Backyard-Pond-Guide.com
Web Site Agreement
The Backyard-Pond-Guide.com Web Site (the "Site") is an online
information service provided by Backyard-Pond-Guide.com
("Backyard-Pond-Guide.com "), subject to your compliance with the
terms and conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING
THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Backyard-Pond-Guide.com
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL
BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON
THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE
OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Backyard-Pond-Guide.com, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from the
different areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to
Backyard-Pond-Guide.com a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by e-mail to
Backyard-Pond-Guide.com by all means and in any media now known or
hereafter developed. You also grant to Backyard-Pond-Guide.com the
right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that
you shall have no recourse against Backyard-Pond-Guide.com for any
alleged or actual infringement or misappropriation of any
proprietary right in your communications to Backyard-Pond-Guide.com.
Traffic Server 1.01 TRADEMARKS.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or service marks of
Backyard-Pond-Guide.com. Other product and company names mentioned
in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by Backyard-Pond-Guide.com,
Backyard-Pond-Guide.com does not operate, control or endorse any
information, products or services on the Internet in any way. Except
for Backyard-Pond-Guide.com- identified information, products or
services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties, that
are not affiliated with Backyard-Pond-Guide.com a. You also
understand that Backyard-Pond-Guide.com cannot and does not
guarantee or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy of
data input and output, and for maintaining a means external to the
Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. Backyard-Pond-Guide.com PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NO INFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY,
AND Backyard-Pond-Guide.com SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. Backyard-Pond-Guide.com DOES
NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
Backyard-Pond-Guide.com HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Backyard-Pond-Guide.com BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Backyard-Pond-Guide.com
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, Backyard-Pond-Guide.com LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Backyard-Pond-Guide.com makes no representations whatsoever about
any other web site which you may access through this one or which
may link to this Site. When you access a non-Backyard-Pond-Guide.com
web site, please understand that it is independent from
Backyard-Pond-Guide.com, and that Backyard-Pond-Guide.com has no
control over the content on that web site. In addition, a link to a
Backyard-Pond-Guide.com web site does not mean that Backyard-Pond-Guide.com
endorses or accepts any responsibility for the content, or the use,
of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Backyard-Pond-Guide.com,
its officers, directors, employees, agents, licensors, suppliers and
any third party information providers to the Service from and
against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or any
other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Backyard-Pond-Guide.com and
its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each of
these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous)
shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to
agreements made and to be performed in The United States of America.
You agree that any legal action or proceeding between Backyard-Pond-Guide.com
and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in The United States
of America . Any cause of action or claim you may have with respect
to the Service must be commenced within one (1) year after the claim
or cause of action arises or such claim or cause of action is
barred. Backyard-Pond-Guide.com's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. Backyard-Pond-Guide.com may
assign its rights and duties under this Agreement to any party at
any time without notice to you.
Any rights not expressly granted herein are reserved.
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