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The Glenn Earp
Web Site Agreement
The Glenn Earp Web Site (the
"Site") is an online information service provided by Glenn Earp ("Glenn
Earp"), subject to your compliance with the terms and conditions set
forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR
USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. GLENN
EARP MAY MODIFY THIS AGREEMENT AT ANY TIME AND SUCH MODIFICATIONS SHALL
BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE
SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the
Site are protected by international copyright and trademark laws. The
owner of the copyrights and trademarks are Glenn Earp, its affiliates or
other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas
of the Site solely for your own non-commercial use provided that you
agree not to change or delete any copyright or proprietary notices from
the materials. You agree to grant to Glenn Earp a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative works
of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas of
the Site (such as bulletin boards, forums and newsgroups) or by e-mail
to Glenn Earp by all means and in any media now known or hereafter
developed. You also grant to Glenn Earp the right to use your name in
connection with the submitted materials and other information as well as
in connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against Glenn
Earp for any alleged or actual infringement or misappropriation of any
proprietary right in your communications to Glenn Earp.
 TRADEMARKS.
Publications, products,
content or services referenced herein or on the Site are the exclusive
trademarks or service marks of Glenn Earp. Other product and company
names mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except
for information, products or services clearly identified as being
supplied by Glenn Earp, Glenn Earp does not operate, control or endorse
any information, products or services on the Internet in any way. Except
for Glenn Earp- identified information, products or services, all
information, products and services offered through the Site or on the
Internet generally are offered by third parties, that are not affiliated
with Glenn Earp a. You also understand that Glenn Earp cannot and does
not guarantee or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan horses or
other code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. GLENN
EARP PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE
ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON
INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND GLENN EARP SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
GLENN EARP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT
THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO
SUCH MATERIALS IS AT YOUR RISK. GLENN EARP HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL GLENN EARP BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF GLENN EARP OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, GLENN EARP LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
Glenn Earp makes no
representations whatsoever about any other web site which you may access
through this one or which may link to this Site. When you access a
non-Glenn Earp web site, please understand that it is independent from
Glenn Earp, and that Glenn Earp has no control over the content on that
web site. In addition, a link to a Glenn Earp web site does not mean
that Glenn Earp endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify,
defend and hold harmless Glenn Earp, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of
this Agreement (including negligent or wrongful conduct) by you or any
other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs
2 (Use of the Service), and 3 (Indemnification) are for the benefit of
Glenn Earp and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service.
Each of these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be
terminated by either party without notice at any time for any reason.
The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any termination of
this Agreement.
6.Miscellaneous.
This Agreement shall all be
governed and construed in accordance with the laws of Australia
applicable to agreements made and to be performed in Australia. You
agree that any legal action or proceeding between Glenn Earp and you for
any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in Australia . Any cause of action or
claim you may have with respect to the Service must be commenced within
one (1) year after the claim or cause of action arises or such claim or
cause of action is barred. Glenn Earp's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. Glenn Earp may assign its rights and
duties under this Agreement to any party at any time without notice to
you.
Any rights not expressly granted herein are reserved.
Copyright Notice.© 1999-2008
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