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Terms of Use : Rob Lindman: Software Developer
Terms and Conditions of Use

January 1, 2004

Please read the following terms and conditions relating to your use of this site carefully.

Scope of Terms and Conditions

These terms and conditions apply to your use of all of the sites and services owned or operated by Rob Lindman (hereafter referred to as 'we' and 'our'), and any other site that we have owned or operated, do own and operate or may own or operate in the future (collectively, the "sites"). Unless otherwise specified, all references to "the sites" or "our sites" in these terms and conditions includes all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of our sites may link or make reference to.

Modification of this Legal Notice

We reserve the right to amend, delete or add to these terms and conditions without notice to you. It is your responsibility to continue to check our Legal Notice for modifications. The latest version of this Legal Notice supercedes all prior versions. By using our sites after we post changes to these terms and conditions, you agree to accept those changes, regardless of whether or not you have reviewed them.

Termination of service

You acknowledge and agree that we may terminate your access to our sites or to any of our products and services should you fail to comply with these terms and conditions or any other guidelines and rules we publish. Any such termination shall be at our sole discretion and may occur without prior notice, or any notice.

We further reserve the right to terminate any user's access to our sites or to any of our products and services for any conduct that we, in our sole discretion, believe is or may be directly or indirectly harmful to other users, to us or our subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations.

We further reserve the right to terminate any user's access to our websites or to any of our products and services for any reason or for no reason at all, in our sole discretion, without prior notice, or any notice.

Linking Policy

Our sites may, as an attempted convenience to you, display links to other sites not controlled by us. We disclaim all responsibility for such sites and your use of them.

These terms and conditions apply only to our sites, and not to the sites of any other companies or organizations, including those to which any of our sites may link. We are not responsible for the availability of any other site to which any of our sites links. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator, webmaster, or legal department as appropriate or required by applicable law.

Other sites may link to any of our sites only through a plain-text link. Permission must be granted by us for any other type of link to the sites. To seek our permission, you may use the Contact Us section available on the website. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any of the sites, at our discretion at any time.

Jurisdictional issues


This agreement is governed by the laws of the State of Idaho. You agree to the exclusive jurisdiction and venue of the state and federal courts in Ada, in case of any dispute between us related to the use, content or functioning of our sites.

We control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Miscellaneous

You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the Idaho arbitration association and will be arbitrated in Idaho.

You agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Idaho.

If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions.

If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intention reflected in the provision, and the other provisions of these terms and conditions shall remain in full force and effect.

This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.

Any inquiries concerning these terms and conditions of use should be directed to our Contact Us section.

Any failure on our part to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any other portion of our sites or these terms and conditions must be filed within one (1) year after such claim or cause of action arose.

The section titles herein are for convenience only and have no legal or contractual effect. You agree that we are the authority when representing the intent of any clause of these terms and conditions, regardless of any error in spelling, syntax, grammar, sentence structure, semantics, punctuation, or typographical content. You further agree that neither you nor any legal counsel you choose to employ will misrepresent such intent based on such errors in any forum, court of law, or other venue.

You agree to enter into this agreement in good faith.

Children / Adult Content

Be aware that the majority of our sites are intended for general audiences, although there are certain areas of our sites that may contain adult or mature content and different areas where content is specifically created for children under 13 years of age.

Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content.

There are also other (mainly commerce-related) areas of our sites not open to persons under 18 years of age. With respect to general audience content, if we learn that anyone under the age of 13 has accessed products and service intended for persons over 18 years of age, we will require verified parental consent, in accordance with the children's online privacy protection act of 1998 ("coppa"). Certain areas of our sites, however, may not be available to children under 13 under any circumstances.


Parental permission

In cases where you have authorized a minor to use our products and services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some areas of our sites may contain material that is inappropriate for minors.

We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.


Copyright

All material presented or available on our sites is for the private, personal and non-commercial use of our visitors. You may not copy, or make works derived from, our content or software, nor may you distribute, publish or sell the same, or permit others to do so.

We respect the intellectual property rights of others, and require that the people who use the sites do the same. In appropriate circumstances, we will terminate the registration of any user who engages in any activity, which may infringe on the intellectual property rights of others, including but not limited to copyrights.

Unless otherwise specified, all contents of our sites are: Copyright (c) 2011 - Rob Lindman. All rights reserved.


Disclaimers

YOU EXPRESSLY AGREE THAT USE OF OUR SITES IS AT YOUR OWN RISK.

WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON OUR SITES OR ANY PORTION THEREOF.

The services, products and materials on this site are provided "as is" and without warranties of any kind, whether express or implied. We expressly disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Neither we nor any of our respective licensors or suppliers warrant that any functions available through our sites will be uninterrupted or error-free, that defects will be corrected, or that our sites or the server that makes them available are free of viruses or other harmful components.

Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products or materials available through our sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system.

In the event applicable law does not permit the exclusion of implied warranties, the above exclusion may not apply to you.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT.

WE MAKE NO WARRANTY THAT ANY CONTENT ON ANY PORTION OF OUR SITES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SUCH INFORMATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY OTHER PORTION OF OUR SITES.

We do not endorse, warrant or guarantee any products or services offered on our sites.

We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days' prior written notice to you.

When shopping by means of services provided by us, you acknowledge and agree that:

We do not endorse any of the products or services ("merchandise") linked to from or through our service, nor have we taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through our site or their own web sites.

We expressly disclaim any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate, as you deem necessary before proceeding with any online or offline transaction with any of these third parties.

LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OTHER PORTION OF OUR SITES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH ANY PORTION OF OUR SITES OR RESULTING FROM ALTERATION OR DELETION OF ANY MESSAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The information, advice, results produced by software, and services presented on or available through our sites is not warranted to be accurate, or up to date, and may not be relied upon. We make no representation as to the suitability of any suggestions, proposals or contracts made available through our sites and users are cautioned to consult their own business, legal, tax, agricultural and other advisors.

WE DO NOT WARRANT THAT OUR SITES WILL OPERATE WITHOUT MAKING ERRORS OR THAT THEY ARE FREE OF VIRUSES OR OTHER HARM. WE ARE NOT RESPONSIBLE FOR YOUR EXPENSES OF RECTIFYING ANY HARM SO CAUSED.

IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM YOUR USE OF OUR SITES. YOUR SOLE REMEDY IS TO CEASE USE OF THE SITE(S) INVOLVED.

You expressly understand and agree that under no circumstances shall we be liable to any user on account of that user's use or misuse of and reliance on our products and services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if we have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on our products and services, from inability to use our products and services, or from the interruption, suspension, or termination of our products and services (including such damages incurred by third parties).

Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the products and services or received through any links provided in our products and services, as well as by reason of any information or advice received through or advertised on our products and services or received through any links provided in the products and services. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the products and services or any information or merchandise that appears on, or is linked or related in any way to, our sites. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law.

Such limitation of liability shall also apply to any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of member web pages or other content stored throughout our sites.

Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

The information, advice, results produced by software, and services presented on or available through our sites is not warranted to be accurate, or up to date, and may not be relied upon. We make no representation as to the suitability of any suggestions, proposals or contracts made available through our sites and users are cautioned to consult their own business, legal, tax, agricultural and other advisors.

WE DO NOT WARRANT THAT OUR SITES WILL OPERATE WITHOUT MAKING ERRORS OR THAT THEY ARE FREE OF VIRUSES OR OTHER HARM. WE ARE NOT RESPONSIBLE FOR YOUR EXPENSES OF RECTIFYING ANY HARM SO CAUSED.

IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM YOUR USE OF OUR SITES. YOUR SOLE REMEDY IS TO CEASE USE OF THE SITE(S) INVOLVED.



Thank you for your participation in our sites and your use of our products and services.