TERMS OF USE AGREEMENT BETWEEN USER AND DUHAIME.ORG
The Duhaime.org Web Site is comprised of various Web pages operated by Lloyd Duhaime, doing business as Duhaime.org.
All contents of the Duhaime.org Web Site are the intellectual property of Lloyd Duhaime, Duhaime.org or its suppliers.
All rights reserved.
The Duhaime.org Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained here. Your use of the Duhaime.org Web Site constitutes your agreement to all such terms, conditions, and notices.
Duhaime.org reserves the right to change the terms, conditions, and notices under which the Duhaime.org Web Site is offered, including but not limited to the charges associated with the use of the Duhaime.org Web Site.
The Duhaime.org Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Duhaime.org and Duhaime.org is not responsible for changes to or the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Duhaime.org is not responsible for webcasting or any other form of transmission received from any Linked Site. Duhaime.org is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Duhaime.org of the site, the information contained therein, legal or otherwise, or any association with its operators.
As a condition of your use of the Duhaime.org Web Site, you warrant to Duhaime.org that you will not use the Duhaime.org Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Duhaime.org Web Site in any manner which could purport to set out an opinion held by Duhaime.org Web Site, damage, disable, overburden, or impair the Duhaime.org Web Site or interfere with any other party's use and enjoyment of the Duhaime.org Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Duhaime.org Web Sites.
The Duhaime.org Web Site may contain blogs, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (hereinafter and collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Duhaime.org has no obligation to monitor the Communication Services. However, Duhaime.org reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Duhaime.org reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Duhaime.org reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Duhaime.org's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Duhaime.org does not control or endorse the content, messages or information found in any Communication Service and, therefore, Duhaime.org specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Duhaime.org spokespersons, and their views do not necessarily reflect those of Duhaime.org.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Duhaime.org does not claim ownership of the materials you provide to Duhaime.org (including feedback and suggestions) or post, upload, input or submit to any Duhaime.org Web Site or its associated services (hereinafter and collectively "Submissions"). However, by posting, uploading, emailing to Duhaime.org or its officers, inputting, providing or submitting your Submission you are granting Duhaime.org, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Duhaime.org is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Duhaime.org's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The information, software, products, and services included in, or available through, the Duhaime.org web site may include inaccuracies or typographical errors or reference to law which may have changed. Changes are periodically added to the information herein.
Duhaime.org or its suppliers may make improvements and/or changes in the Duhaime.org web site at any time. Advice received via the Duhaime.org web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate attorney or lawyer or other professional for specific advice tailored to your situation.
Because the law can change suddenly, Duhaime.org or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Duhaime.org web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Duhaime.org and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Duhaime.org and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Duhaime.org web site, with the delay or inability to use the Duhaime.org web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Duhaime.org web site, or otherwise arising out of the use of the Duhaime.org web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Duhaime.org or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Duhaime.org web site, or with any of these terms of use, your remedy is to discontinue using the Duhaime.org web site.
SERVICE CONTACT : lduhaime (at) gmail (dot) com
Duhaime.org reserves the right, in its sole discretion, to terminate your access to the Duhaime.org Web Site and the related services or any portion thereof at any time, without notice.
GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of British Columbia, Canada and you hereby consent to the exclusive jurisdiction and venue of courts at Victoria, British Columbia in all disputes arising out of or relating to the use of the Duhaime.org Web Site. Use of the Duhaime.org Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Duhaime.org as a result of this agreement or use of the Duhaime.org Web Site. Duhaime.org's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Duhaime.org's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Duhaime.org Web Site or information provided to or gathered by Duhaime.org with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Duhaime.org with respect to the Duhaime.org Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Duhaime.org with respect to the Duhaime.org Web Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Canadian copyright law, notifications of claimed copyright infringement should be sent to Lloyd Duhaime.
All inquiries not relevant to the following procedure will receive no response.
PRIVACY STATEMENT
Duhaime.org is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Duhaime.org Web site and governs data collection and usage. By using the Duhaime.org website, you consent to the data practices described in this statement.
For those who ask for and are granted login privileges, Duhaime.org collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number.
Duhaime.org also collects anonymous demographic information, which is not unique to you, such as your ZIP or postal code, age, gender or preferences.
There is also information about your computer hardware and software that is automatically collected by Duhaime.org. This information can include your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by Duhaime.org for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Duhaime.org Web site.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Duhaime.org public message boards, this information may be collected and used by others.
Duhaime.org encourages you to review the privacy statements of Web sites you choose to link to or from Duhaime.org so that you can understand how those Web sites collect, use and share your information. Duhaime.org is not responsible for the privacy statements or other content on Web sites outside of the Duhaime.org and Duhaime.org family of Web sites.
Duhaime.org does not sell, rent or lease its customer lists to third parties. Duhaime.org may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party.
Duhaime.org may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries.
All such third parties are prohibited from using your personal information except to provide these services to Duhaime.org, and they are required to maintain the confidentiality of your information.
Duhaime.org keeps track of the Web sites and pages our customers visit within Duhaime.org, in order to determine what Duhaime.org services are the most popular.
This data is used to deliver customized content and advertising within Duhaime.org to customers whose behaviour indicates that they are interested in a particular subject area.
The Duhaime.org Web site may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Duhaime.org pages, or register with Duhaime.org site or services, a cookie helps Duhaime.org to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Duhaime.org Web site, the information you previously provided can be retrieved, so you can easily use the Duhaime.org features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of Duhaime.org.
Duhaime.org secures your personal information from unauthorized access, use or disclosure. Duhaime.org secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure.
Duhaime.org will occasionally update this Statement of Privacy to reflect company and customer feedback. Duhaime.org encourages you to periodically review this Statement to be informed of how Duhaime.org is protecting your information.
Duhaime.org welcomes your comments regarding this Statement of Privacy. If you believe that Duhaime.org has not adhered to this Statement, please visit our Contact Us page. We will use commercially reasonable efforts to promptly determine and remedy the problem.