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COPYRIGHT NOTICES
Except as
otherwise identified, all portions of this Website are © 2003 R-Squared
Computing, Inc. All rights reserved. The mention of, use of or reference
to any company, trademark or product on this website is not a challenge
to the trademark of copyright in question.
There has been
no intent to infringe on any intellectual property owned by any
companies.
All
content otherwise included on this website is copyright ® 2007 by
Heretic Cow Publishing Company.
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All of the Site
Materials, including the graphical display of this Site and all information
contained in this Site, are the property of Heretic Cow Publishing Company /
hereticcow.com / R-Squared Computing, Inc. or our licensors, suppliers or
affiliates. The Site Materials and the Databases are protected by law,
including, but not limited to, United States and international copyright law and
trademark law, as well as other state, federal, and international laws and
regulations. Heretic Cow Publishing Company / hereticcow.com / R-Squared
Computing, Inc. owns a copyright in this Site as a collective work and/or
compilation, and in the selection, coordination, arrangement, and enhancement of
the Site Materials. Heretic Cow Publishing Company / hereticcow.com / R-Squared
Computing, Inc. does not claim any
rights in unaltered government data.
Except as provided in this User Agreement, we do not grant you any rights under
any copyrights or trademarks. Accordingly, unauthorized use or reproduction of
any Site Materials may violate copyright laws, trademark laws, laws pertaining
to privacy and publicity rights, or other laws or regulations. Please be aware
that we actively and aggressively enforce our intellectual property rights to
the fullest extent of the law.
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Use of this
Site, the Site Materials and the Databases
Except as
expressly permitted by us in writing, you agree that you will not, directly or
indirectly, use any of the Databases or the information contained therein for
any purposes whatsoever. Without limiting the foregoing, you agree that
you will not, directly or indirectly, use the Databases without our prior
written authorization. Other arrangements with respect to the Databases may be
available, but only with our express written permission. Please send an e-mail
to info@hereticcow.com
to receive additional information about the possibility of alternative
arrangements regarding the Databases.
The information
contained regarding any outside entities that may be provided on Heretic Cow
Publishing Company / hereticcow.com / R-Squared Computing, Inc. is provided for
business lookup purposes and is not to be used for marketing or telemarketing
applications. This information may not be copied or redistributed and is
provided "AS IS" without warranty of any kind. In no event will Heretic Cow
Publishing Company / hereticcow.com / R-Squared Computing, Inc. or its suppliers be liable in
any way with regard to such information
Heretic Cow
Publishing Company / hereticcow.com / R-Squared Computing, Inc. may include a
variety of features, such as bulletin boards, chat rooms, and email, that allow
feedback to Heretic Cow Publishing Company / hereticcow.com / R-Squared
Computing, Inc. and real-time interaction between users and other features, such
as personalized homes pages and e-mail that allow users to communicate with
others. Responsibility for what is posted on bulletin boards, chat rooms and
other public posting areas on Heretic Cow Publishing Company / hereticcow.com /
R-Squared Computing, Inc. lies with each. Heretic Cow Publishing Company /
hereticcow.com / R-Squared Computing, Inc. does not control the messages,
information or files that others may provide through Heretic Cow Publishing
Company / hereticcow.com / R-Squared Computing, Inc.. It is a condition of your
use of Heretic Cow Publishing Company / hereticcow.com / R-Squared
Computing, Inc. that you
do not:
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Restrict or
inhibit any other user from using and enjoying Heretic Cow Publishing
Company / hereticcow.com / R-Squared Computing, Inc..
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Use Heretic Cow
Publishing Company / hereticcow.com / R-Squared Computing, Inc.
to post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent information
of any kind, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any local, state, national or
international law.
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Use Heretic Cow
Publishing Company / hereticcow.com / R-Squared Computing, Inc.
to post or transmit any information, software or other material that
violates or infringes upon the rights of others, including material that is
an invasion of privacy or publicity rights or that is protected by
copyright, trademark or other proprietary right, or derivative works with
respect thereto, without first obtaining permission from the owner or right
holder.
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Use Heretic Cow
Publishing Company / hereticcow.com / R-Squared Computing, Inc.
to post or transmit any information, software or other material that
contains a virus or other harmful component.
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Use Heretic Cow
Publishing Company / hereticcow.com / R-Squared Computing, Inc.
to post, transmit or in any way exploit any information, software or other
material for commercial purposes, or that contains advertising.
-
Use Heretic Cow
Publishing Company / hereticcow.com / R-Squared Computing, Inc. to advertise
or solicit to anyone to buy or sell products or to make donations of any
kind, without the express written approval of Heretic Cow Publishing Company
/ hereticcow.com / R-Squared Computing, Inc..
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Gather for the
purpose of spamming e-mail addresses that have been posted by other users of
Heretic Cow Publishing Company / hereticcow.com / R-Squared Computing, Inc..
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You understand
that Heretic Cow Publishing Company / hereticcow.com / R-Squared Computing,
Inc. has no obligation to monitor any bulletin boards, chat rooms, or other
areas of Heretic Cow Publishing Company / hereticcow.com / R-Squared
Computing, Inc. through which users can supply information or material.
However, Heretic Cow Publishing Company / hereticcow.com / R-Squared
Computing, Inc. reserves the right at all times to disclose any information
as necessary to satisfy any law, regulation or governmental request, or to
refuse to post or to remove any information or materials, in whole or in
part, that in Heretic Cow Publishing Company / hereticcow.com / R-Squared
Computing, Inc.'s sole discretion are objectionable or in violation of these
Terms of Heretic Cow Publishing Company / hereticcow.com / R-Squared
Computing, Inc..
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Password Maintenance
and Responsibility
If you wish to access certain areas of this Site or the Site Materials available
on or through certain areas of this Site, you must choose a password during your
completion of this Site's registration process. By registering, you represent,
warrant and covenant that: (i) you are at least 18 years of age; (ii) you are
using your actual identity; (iii) you have provided only true, accurate, current
and complete information about yourself during the registration process; and
(iv) you will maintain and promptly update the information that you provide to
keep it true, accurate, current and complete.
By logging onto this Site using any password, you represent, warrant and
covenant that you are authorized to use such password and to engage in the
activities that you conduct thereunder. You agree to be solely responsible for
the confidentiality and use of your password, as well as for any activities
conducted on or through this Site using your password. If you wish to cancel a
password, or if you become aware of any loss, theft or unauthorized use of a
password, please notify us immediately. We reserve the right to delete or change
any password at any time and for any reason.
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Term and Termination
We reserve
the right, at any time and for any reason, without notice to you, (i) to deny
you access to this Site, any Site Materials, or any portion thereof; (ii) to
change, remove or discontinue any of the Site Materials or services available on
or through this Site; or (iii) to terminate this User Agreement. No shoes, no
shirt, no service.
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Our Privacy Policy
We consider the protection of our users' personal data to be important.
Therefore, we have adopted a Privacy Policy outlining our personal data
collection and use practices. Please refer to it for details about how we
collect and use personal information from users of this Site. Any changes to the
Privacy Policy will be posted on this Site, and you should periodically consult
this Site to stay apprised of any such changes.
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Links to Other Sites
This Site may contain links to other sites on the World Wide Web for the
convenience of our users. These other sites have not been reviewed by us and are
maintained by third parties over which we exercise no control. Accordingly, we
expressly disclaim any responsibility for the content of these other sites and
for the availability, accuracy, reliability, completeness, currency, quality,
performance or suitability of the information, products and services available
or advertised on or through these other sites. Moreover, these links do not
imply, directly or indirectly, our endorsement of or affiliation with any other
site or site owner, or any information, products or services provided by any
third party. When leaving this Site, you should be aware that our terms and
policies may no longer govern, and, therefore, you should review the applicable
terms and policies of each linked site.
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Third Party Content
Some of the Site Materials, including, but not limited to, legal information,
product reviews, news, data, research, analysis and opinions, may
be provided by Third Parties . As a general matter, we believe that the Third
Parties obtain such information, materials and other content from sources that
they deem to be reliable. However, we make no representations with respect to,
nor do we guarantee or endorse the availability, accuracy, reliability,
completeness, currency, quality, performance, suitability, or correct sequencing
of any information, materials or other content provided by any of the Third
Parties. We do not endorse, oppose or edit any opinion or analysis expressed by
any of the Third Parties. We assume no responsibility or liability for any
information, materials or other content provided by any of the Third Parties.
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Permission to Use
Your Submissions
Any and all suggestions, feedback, ideas, concepts, comments, illustrations and
other materials that you disclose or offer to us on or in connection with this
Site or any Site Materials ("Submissions") are submitted without any
restrictions or expectation of confidentiality. You agree that we will
exclusively own, and you hereby assign to us without compensation or further
obligation, all rights now known or hereafter existing to the Submissions of
every kind and nature throughout the universe. You further agree that we will be
entitled to unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to you, including the right to
use, reproduce, modify, adapt, publish, transmit, publicly perform or display,
translate, create derivative works from, or otherwise communicate to the public
the Submissions on this Site or elsewhere. You will not assert any proprietary
right or moral right of any kind with respect to any Submissions.
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Confidentiality on
the Internet
Use of the Internet is solely
at your own risk and is subject to all applicable local, state, federal, and
international laws and regulations. While we have endeavored to create a secure
and reliable site, please be advised that the confidentiality of any
communication or material transmitted to us over the Internet cannot be
guaranteed. Consequently, neither we nor our affiliates are responsible for the
security of any information transmitted via the Internet, the accuracy of the
information contained on this Site, or for the consequences of any reliance on
such information. You must make your own determination as to these matters.
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Site Monitoring
We reserve the right to view, monitor and record activity on this Site without
notice to or permission from you. We may disclose any records, electronic
communications, information, materials or other content of any kind (i) if we
believe in good faith that the law or legal process requires it; (ii) if such
disclosure is necessary or appropriate to operate this Site; or (iii) to protect
our rights or property or the rights or property of our users and business
partners. However, we are not responsible for screening, policing, editing or
monitoring this Site.
We are committed to complying with copyright
and related laws, and expect all users of this Site to comply with such laws as
well. Using this Site to transmit any content or to engage in any activity that
infringes any copyright or any other right of a third party violates this User
Agreement. You represent and warrant to Heretic Cow Publishing Company /
hereticcow.com / R-Squared Computing, Inc. that you
own, or are otherwise lawfully authorized to use, any information, materials or
other content that you transmit to or through this Site, and that the use of the
same does not violate copyright or related laws and will not cause injury to any
person or entity.
If notified of an allegation that this Site
contains infringing, defamatory, damaging, illegal or offensive records,
electronic communications, information, materials or other content, we may
investigate the allegation and determine in our sole discretion whether to
remove or request the removal of the same from this Site. Notices to us
regarding any alleged copyright infringement on this Site should be directed to
any posted email account.
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Events Beyond Our Control
You absolve and release us and our affiliates from any claim of harm resulting
from any cause(s) over which we or they do not have direct control, including,
but not limited to, failure of electronic or mechanical equipment or
communication lines, telephone or other interconnect problems, computer viruses
or other damaging code or data, unauthorized access, theft, operator errors,
severe weather, earthquakes, natural disasters, strikes or other labor problems,
wars, or governmental restrictions.
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Limitations of Liability
YOU AGREE THAT NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES
RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS SITE, ANY SITE MATERIALS, OR
ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE. IN THE EVENT OF ANY
PROBLEM WITH THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED
ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING SUCH
ITEM(S). UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE OR ANY INTENTIONAL
TORT COMMITTED TO OR BY A USER OR ANY OTHER PERSON, WILL Heretic Cow Publishing
Company / hereticcow.com / R-Squared Computing, Inc.
, IT'S SUBSIDIARY/PARENT COMPANY OR AFFILIATES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR INABILITY TO USE Heretic Cow Publishing Company / hereticcow.com /
R-Squared Computing, Inc..
IN ANY CASE THE LIABILITY OF Heretic Cow Publishing Company / hereticcow.com /
R-Squared Computing, Inc. SHALL BE LIMITED TO THE FULLEST EXTENT
OF THE LAW.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS,
EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS,
SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE)
ARISING OUT OF USE OF THIS SITE, ANY SITE MATERIALS, ARRANGEMENTS MADE BASED ON
INFORMATION OBTAINED ON OR THROUGH THIS SITE, OR PRODUCTS OR SERVICES OBTAINED
ON OR THROUGH THIS SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, this limitation may not apply
to you.
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Indemnity
You agree to defend, indemnify, and hold
harmless Heretic Cow Publishing Company / hereticcow.com / R-Squared Computing,
Inc.
and our affiliates, and our and their respective directors, officers,
shareholders, proprietors, partners, employees, agents, representatives,
servants, attorneys, predecessors, successors and assigns, from and against any
and all claims, proceedings, damages, injuries, liabilities, losses, costs and
expenses (including reasonable attorneys' fees and litigation expenses),
relating to or arising from (i) your use of this Site, any Site Materials, or
any products or services obtained on or through this Site, (ii) any arrangements
you make based on information obtained on or through this Site, or (iii) any
breach by you of this User Agreement.
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Governing Law and Selection of Venue
You agree that this User Agreement is made in, and will be construed and
enforced in accordance with, Florida law (without regard to its
provisions governing conflicts of law), as applied to agreements entered into
and completely performed in Florida. You agree that any action arising out of
the content of this Site, your use of the Site Materials, or any action to
enforce this User Agreement will be brought only in the state courts
presiding in Broward county, Florida., and you expressly agree to be subject
to the jurisdiction of such courts. Use of this Site is limited solely to
persons who agree to resolve any and all disputes pertaining to this Site in the
federal and state courts of Florida , and such an agreement is an express
condition to use of this Site. This Site is controlled and operated by Heretic
Cow Publishing Company / hereticcow.com / R-Squared Computing, Inc. from its offices within the
United States . We make no representation that this Site or the Site Materials
are appropriate or available for use outside of the United States , and access
to this Site or the Site Materials from territories where their contents are
illegal is prohibited. Those who choose to access this Site or the Site
Materials from locations outside of the United States do so of their own
volition and are responsible for compliance with applicable local laws.
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Miscellaneous
Failure to insist on strict performance of any
provisions of this User Agreement will not operate as a waiver of any subsequent
default or failure of performance. No waiver of any provision of this User
Agreement will be valid unless in writing and acknowledged in writing or
electronically by both parties. If any portion of this User Agreement is
adjudged invalid or unenforceable by a court of competent jurisdiction, the
remaining portions will remain valid, enforceable, and in effect. No joint
venture, partnership, employment or agency relationship exists between you and
Heretic Cow Publishing Company / hereticcow.com / R-Squared Computing, Inc. as a
result of this User Agreement or your use of this Site or any Site Materials.
Any rights not expressly granted herein are reserved by Heretic Cow Publishing
Company / hereticcow.com / R-Squared Computing, Inc.. This User Agreement
constitutes the entire agreement between you and Heretic Cow Publishing Company
/ hereticcow.com / R-Squared Computing, Inc. with respect to your use of this
Site and the Site Materials, and supersedes any and all prior understandings or
agreements between you and Heretic Cow Publishing Company / hereticcow.com /
R-Squared Computing, Inc.,
whether written or oral. You acknowledge that, in providing you access to and
use of this Site and the Site Materials, we have relied on your acceptance of
this User Agreement.
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Children's
Privacy Statement for Heretic Cow Publishing Company / hereticcow.com /
R-Squared Computing, Inc.
This children's privacy statement explains our
practices with respect to the online collection and use of personal information
from children under the age of thirteen, and provides important information on
your rights under federal law with respect to such information.
- We
do NOT knowingly collect personally identifiable information from children
under the age of thirteen as part of Heretic Cow Publishing Company /
hereticcow.com / R-Squared Computing, Inc.. We screen users who wish to
provide personal information in order to prevent users under the age of
thirteen from providing such information. If we become aware that we have
inadvertently received personally identifiable information from a user under
the age of thirteen as part of Heretic Cow Publishing Company /
hereticcow.com / R-Squared Computing, Inc., we will delete such information
from our records. If we change our practices in the future, we will obtain
prior, verifiable parental consent before collecting any personally
identifiable information from children under the age of thirteen as part of
Heretic Cow Publishing Company / hereticcow.com / R-Squared Computing, Inc..
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Because we do not collect any personally identifiable information from
children under the age of thirteen as part of Heretic Cow Publishing Company
/ hereticcow.com / R-Squared Computing, Inc., we also
do NOT knowingly distribute such information to third parties.
- We
do NOT knowingly allow children under the age of thirteen to publicly post
or otherwise distribute personally identifiable contact information through
Heretic Cow Publishing Company / hereticcow.com / R-Squared Computing, Inc..
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Because we do not collect any personally identifiable information from
children under the age of thirteen as part of Heretic Cow Publishing Company
/ hereticcow.com / R-Squared Computing, Inc., we do NOT condition the
participation in Heretic Cow Publishing Company / hereticcow.com / R-Squared
Computing, Inc.
online activities of a child under thirteen on providing personally
identifiable information.
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Actions against Heretic
Cow Publishing Company and/or affiliated attorneys
IT IS AGREED AND UNDERSTOOD THAT ANY ACTIONS, INCLUDING BUT
NOT LIMITED TO THOSE FOR NEGLIGENCE, BREACH OF CONTRACT, PROFESSIONAL
MALPRACTICE, OR TORT, THAT YOU OR YOUR AGENTS OR ATTORNEYS BRING AGAINST Heretic
Cow Publishing Company, LLC. AND/OR ANY AFFILIATED ATTORNEYS LLC. MUST BE BROUGHT IN EITHER THE
COUNTY OR CIRCUIT COURT OF BROWARD COUNTY, FLORIDA. THE SAME IS TRUE FOR ANY
ACTIONS BROUGHT AGAINST YOU BY Heretic Cow Publishing Company LLC. OR ITS AFFILIATES. THIS IS
A CONTRACTUAL PROVISION THAT MAY NOT BE WAIVED. ALL OBJECTIONS TO JURISDICTION
AND VENUE ARE WAIVED. |
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