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General
Ursiny Communications, Inc. ("UCI") agrees
to provide you with information and other services subject
to the terms of this Terms of Use agreement. UCI may amend
or modify these Terms of Use at any time. You agree to use
the service in accordance with the Terms of Use.
Rights
IndexVermont.com is owned and operated by
UCI. The site and its content is protected by international
copyright, trademark and other intellectual property laws.
You may not modify, copy, reproduce, republish, upload, post,
transmit or distribute in any way any material from this site
including code and software. You may download material from
this site for your personal, non-commercial use only, provided
you keep intact all copyright and other proprietary notices.
License
By posting messages, inputting data, or engaging
in any other form of communication through this service, you
are granting UCI a royalty-free, perpetual, non-exclusive,
unrestricted, worldwide license to use, copy, sublicense,
adapt, transmit, publicly perform or display any such communication.
Sublicense to third parties the unrestricted right to exercise
any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any
proprietary rights in such communication, including but not
limited to rights under copyright, trademark, servicemark
or patent laws under any relevant jurisdiction.
Limitation of liability
Under no circumstances, including, but not
limited to, negligence, shall UCI or affiliates be liable
for any direct, indirect, incidental, special or consequential
damages that result from the use of, or the inability to use,
IndexVermont.com materials. You specifically acknowledge and
agree that UCI is not liable for any defamatory, offensive
or illegal conduct of any user. If you are dissatisfied with
any IndexVermont.com material, or with any of IndexVermont.com's
terms and conditions, your sole and exclusive remedy is to
discontinue using IndexVermont.com.
UCI is not responsible for the quality, accuracy,
timeliness, reliability or any other aspect of third-party
products and services advertised throughout IndexVermont.com
web site. You release UCI and its affiliates from any damages
that you incur, and agree not to assert any claims against
them, arising from your use of these products or services.
Important
Under no circumstances and regardless of
legal theory, whether in tort, contract or otherwise, will
UCI be liable to you or any other party for an indirect, special,
incidental, reliance, or consequential damages, however caused,
and regardless of character, including without limitation,
any damages relating to lost data, computer failure or malfunctioning,
performance or otherwise. Some states and jurisdictions do
not allow the limitation of liability for consequential or
indirect damages, so the foregoing limitation may not apply
to you. The foregoing shall he enforceable to the maximum
extent permitted by applicable law. You agree to this allocation
of risk in relation to your use of this web site.
UCI reserves the right to censor, reclassify,
revise, edit, or reject any advertisement not meeting its
standards of acceptance. Submission of an advertisement does
not constitute a commitment to publish the advertisement.
Publication of an advertisement does not constitute an agreement
for continued publication.
By placing an advertisement in Marketplace
at IndexVermont.com you agree that the advertisement as it
appears in Marketplace at IndexVermont.com will become the
property of UCI and you will assign all ownership interest
in the advertisement as it appears in Marketplace at IndexVermont.com
under the Copyright Act or otherwise to UCI.
Messages
Marketplace at IndexVermont.com includes
feature which allows sending messages to advertisers and other
registered users. UCI does not control the messages in any
way. You are allowed to use this feature as long as you do
not
- send 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.
- send any information, software or other
material which violates or infringes upon the rights of
others, including material which is an invasion of privacy
or publicity rights or which 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.
- send any information, software or other
material which contains a virus or other harmful component.
You understand that UCI has no obligation
to monitor the communication between users. However, UCI reserves
the right at all times to disclose any information as necessary
to satisfy any law, regulation or governmental request, or
to refuse to transmission of message or to remove any information
or materials, in whole or in part, that in UCI's sole discretion
are objectionable or in violation of these terms and conditions.
Privacy
UCI does not disclose, sell or trade any
user data to any third party except where required by law.
Complete privacy policy is available.
Disclaimer
UCI has provided links to Internet web sites
maintained by third parties. Neither UCI nor their affiliates
operate or control in any respect any information, products
or services on these third-party sites. The materials in this
site and the third-party sites are provided "as is" and without
warranties of any kind either express or implied. To the fullest
extent permissible pursuant to applicable law, UCI disclaims
all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for
a particular purpose. UCI does not warrant that the functions
contained in the materials will be uninterrupted or error-free,
that defects will be corrected, or that this site or the server
that makes it available, are free of viruses or other harmful
components. UCI does not warrant or make any representations
regarding the use or the results of the use of the materials
in this site or in third-party sites in terms of their correctness,
accuracy, timeliness, reliability or otherwise. You (and not
UCI) assume the entire cost of all necessary maintenance,
repair or correction.
Termination
This agreement is effective until terminated
by UCI, at any time without notice. In the event of termination,
you are no longer authorized to access IndexVermont.com and
the restrictions imposed on you with respect to material downloaded
from the web site, the disclaimers and limitations of liabilities
set forth in this agreement, shall survive.
Other
This Terms of Use Agreement constitutes the
entire agreement between UCI and you with respect to the subject
matter contained herein and supersedes all previous and contemporaneous
agreements, proposals and communications, written or oral.
UCI may amend or modify this Terms of Use
Agreement or impose new conditions at any time. Such amendments
and modifications shall be effective immediately upon notice
thereof which may be given by means including, but not limited
to, posting on IndexVermont.com web site. Any use of the service
by you after such notice shall be deemed to constitute acceptance
by you of such amendments, modifications or new conditions.
This agreement shall be governed by and construed in accordance
with the laws of the State of Vermont without giving effect
to any principles or conflicts of law. If any provision of
this agreement shall be unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from this agreement
and shall not affect the validity and enforceability of any
remaining provisions.
Copyright
IndexVermont.com is protected by the copyright
laws of the United States. The copyright laws prohibit any
copying, redistributing, retransmitting, or repurposing of
any copyright-protected material.
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