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Copyright 2001, 2002, Howard M. Sherpe and Sherpe Advertising Art. This notice applies to all pages of the site, and for all three subsites. Any logos, service marks or trademarks used on this site are the property of their respective owners and are not used for commercial purposes.
General Disclaimer: The information and design of this site are owned by Howard M. Sherpe (HMS) and Sherpe Advertising Art (SAA). Except for a single temporary copy in a single computer's memory and a single permanent copy to be used by user, the information contained herein may not be used, copied, performed, distributed, rented, sublicensed, altered or stored for subsequent use, in whole or in part, in any manner, without the express prior written consent of SAA (unless such use constitutes fair use under the Copyright Act).
All information contained herein is believed by SAA to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, SAA is not responsible for any errors or omissions, either its own or its information providers'. All information is provided "as is" without warranty of any kind. SAA makes no representations and disclaims all express, implied, and statutory warranties of any kind to user and/or any third party, including as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. SAA has no liability in tort, contract, or otherwise (and, as permitted by law, product liability), to user or any third party. SAA shall under no circumstance be liable to user or any third party for any lost profits or lost opportunity, or any indirect, special, consequential, incidental, or punitive damages whatsoever, from any application of the information provided within this site, even if SAA has been advised of the possibility of such damages.
Some U.S. states and foreign countries provide rights in addition to those above, or do not allow excluding or limiting implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions which supersede the above. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in a writing signed by an authorized officer of SAA and are governed by the laws of the United States and the State of Wisconsin.
Web Site Terms and Conditions Of Use: SAA may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. If you do not accept the Terms and Conditions stated here, do not use the Web Site.
Section 2: Liability. The Material may contain inaccuracies or typographical errors. SAA makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. The use the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
All Terms and Conditions apply to users and subusers.
COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RSS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY , RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3: Disclaimer of Consequential Damages. IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4: User Submissions. Generally, any communication, which you post to the Web Site, is considered to be non-confidential. As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Use the system in an illegal way which includes but is not limited to: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person. SAA does not represent, makes no warranty and assumes no obligation, legal or otherwise, or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, SAA may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Company has no liability or responsibility to Users for performance or nonperformance of such activities. Company reserves the right to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 5: Links to Other Sites. The Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by JMODHA of the contents on such third-party Web sites. JMODHA is not responsible, makes no warranty and assumes no obligation, legal or otherwise, for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 6: Software Licenses. All software (generally Portable Document Format files and graphic-image files) that is made available for downloading from the Web Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 7: Limitation of Liability. Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for SAA to you for all claims arising from the use of the Materials (including Software) is limited to $100. The ExalterNet site is, after all, a noncommercial site.
Section 8: Indemnity. You agree to defend, indemnify, and hold harmless HMS and SAA, its agents, associates or clientele, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees and expert fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. HMS and/or SAA shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
Section 9: Export Control. The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Section 11: General. This Web Site is based in Dane County, Wisconsin, USA. It is hosted by an out-of-state Web host. SAA makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Wisconsin, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and SAA with respect to the use of Web Site. The captions in this contract are for convenience only and do not in any way limit or amplify the provisions of this contract. Any changes to this Agreement must be made in writing, signed by an authorized representative of HMS and/or SAA.
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