Below is
the Web Site Usage Agreement (“Agreement”) for the
ROCKinsights.com™
Web
Site (“Web Site”). The Agreement is
posted here for your reference. Violation of any terms of this
Agreement may constitute grounds for action by Sound Insights, Inc. (the
“Company”) to protect its Service Marks, Copyrights and other Intellectual
Property rights. This Agreement is posted here for your reference, and
may be updated or amended by the Company at any time. You are
responsible for checking for updates to the Agreement.
Use of
any content on the Web Site, including but not limited to text, information,
graphics and images (the “Content”) is subject to terms and conditions of
this Agreement. By using the Web Site, you agree to abide by and be bound
by all terms and conditions of this Agreement. If you do not agree to abide
by and be bound by all terms and conditions of this Agreement, you should
not use the Web Site.
Web
Site Usage Agreement
Commercial
use of portions of this Web Site is limited to licensed third parties and subject to
terms and conditions of a third party licensing contract. Links to the
Web Site are permitted under
specific linking
permissions. All other use is
restricted to personal reference and is subject to the following terms:
The
Content is owned by the Company and/or third party content sources (the
“Content Providers”), and are protected by service mark, copyright and
intellectual property laws. By using the Web Site you acknowledge this and
agree to respect the proprietary rights of the Company and the Content
Providers by not using or facilitating another party’s use of the Content
without the express written permission of the respective owner’s
permission. Each Content Provider is entitled to enforce proprietary rights
against unauthorized use of any of their content or materials by any user of
the Web Site.
Duplication, distribution, retransmission, or broadcast of the Web Site, or
any portion thereof, is prohibited under terms of this Agreement without the
express written permission of the Company.
The
Company reserves the right, without notice, to: a) modify the terms of this
Agreement; or b) change or discontinue the Web Site (or any feature or
portion thereof). Your accessing, viewing, browsing and/or using the Web
Site after the Company posts changes to this Agreement constitutes your
acceptance and agreement to those changes, whether or not you have actually
reviewed them.
By
using the Web Site you agree not to engage in any activity that interferes
with the efficient functionality of the Web Site. This includes the use of
any computer code, software, device or activity that corrupts content,
limits access or reduces the efficient operation of the Web Site.
Warranties Disclaimer
The
Company and its Content Providers offer the Web Site “as is” and disclaim
all warranties of any kind, whether expressed or implied, including but not
limited to warranties of title, warranties regarding the accuracy of the
Content, warranties regarding protection from viruses or damaging code,
implied warranties of merchantability, fitness for a particular purpose or
non-infringement of intellectual property related to this Web Site. The
Company does not warrant that use of the Web Site will be uninterrupted or
error-free. The Company makes no representation that the Content is
applicable or appropriate for use in locations outside of the United
States. You expressly agree that your access to, viewing of, browsing,
visiting or use of the Site is at your sole risk.
Third Party Content, Links and
Information
Third
party content of any type on the Web Site, including but not limited to any
site that may be link to from the Web Site, (“Third Party Content”) is
provided as a service and convenience to you. You agree and understand that
the Company a) makes no representations or warranties about the provider of
such Third Party Content (the “Provider”), its goods or services, or the
Third Party Content, and b) does not endorse the Third Party Content, the
Provider, or its goods or services.
Unless expressly
noted, The Company does not endorse products or
services offered by advertisers on this site. User assumes sole
responsibility for reviewing the terms of sponsors before committing to any
purchase or other transaction.
Third
parties may place and read cookies on your browser, or utilize web beacons
to collect information in the course of serving ads to the Web Site.
Links to Website
Other sites may link
without prior permission to the Web Site’s home page only through a
plain-text link. Permission to link
to this web site is given without assumption of any liability. Sound
Insights, Inc. reserves the right to withdraw permission granted to link to
this web site at any time and for any reason. Permission for any other type of link must be obtained in
advance from the Company. Any such link to the Web Site (a) must not create
a frame, browse or border environment around any of the content of the Web
Site; (b) shall not use the Company’s trademarks without the prior written
permission of the Company and (c) must not contain content that the Company
in its sole discretion construes as distasteful, offensive, obscene or
controversial.
Limitation of Liability
The
Company and its Content Providers will not be liable for any damages of any
kind arising from your use of the Web Site or from any information content,
material or services included on or otherwise made available to you through
this Web Site, including but not limited to direct, indirect, punitive,
incidental, consequential or special damages or lost profits. Because some
states do not allow the exclusion or limitation of liability for
consequential or incidental damages, liability in these states is limited to
the fullest extent permitted by law.
Termination of Usage and Indemnification
You
agree to use the Web Site only as authorized by this Agreement and for
lawful purposes. The Company may terminate your access or suspend your
right to access to all or part of the Web Site, without notice, for any
conduct that the Company, in its sole discretion, believes is in violation
of any applicable law, is in breach of this Agreement or is harmful to the
interests of other users, the Company or its affiliates. You agree to
indemnify and hold harmless the Company and its Content Providers from and
against any claim of liability, loss or charges of any kind related to your
use of the Web Site, your connection to the Web Site, your violation of this
Agreement or your violations of any rights of another.
Copyright and Intellectual Property
The Company strives to respect the intellectual property rights
of others and requires that web site users do the same. If you
believe that your materials or content has been copied and used on
the web site in a manner that constitutes copyright infringement, please
notify The Company at the address below. Include detailed description
of the location and context of the alleged infringement and a
statement signed by you, under penalty of perjury, verifying that you
are the copyright owner or are legally authorized to act on behalf of the
copyright owner.
Legal Resolution
You
understand and agree that any claim resulting from your use of the Web Site
in accordance with conditions for its use stipulated in this Agreement shall
be settled by binding arbitration in accordance with applicable rules of the
American Arbitration Association.
The
Company and Content Providers reserve the right to initiate legal action,
including recovery of any legal costs associated with enforcing such claim,
against any user or party believed to have breached any term of this
Agreement.
Severability
The
invalidity or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision of this
Agreement. In the event that any provision of this Agreement is determined
to be invalid, unenforceable or otherwise illegal, such provision shall be
deemed restated, in accordance with applicable law, to reflect as nearly as
possible the original intentions of the Parties, and the remainder of the
Agreement shall be in full force and effect.
Applicable Law
If
you access the Web Site from anywhere in the United States or Canada, you
agree that the laws of the State of New York, USA, without regard to
principles of conflict of laws, will govern this Web Site Usage Agreement
and any dispute of any sort that might arise between you and us and/or our
affiliates.
Disclosures
This
Agreement was last updated on May 18, 2009.
This
Agreement and/or any applicable provisions of this Agreement may be assigned
or transferred by the Company to a third party at any time without notice to
you.
The
service and administration of the Web Site is provided by the Company,
located at
Box 367 Barneveld, New York 13304.
