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TERMS OF USE AGREEMENT

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.

The entire site © 1997-2007 by Ursiny Communications, Inc. All rights reserved.