Terms & Conditions
NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BEFORE ACCESSING ANY PORTION OF THIS SITE (INCLUDING REGISTERED USER OR MEMBERS-ONLY PAGES) YOU MUST AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE EXIT THIS WEB SITE IMMEDIATELY.
COPYRIGHT © 2006 PEMBERTON & OAKES, LTD. ALL RIGHTS RESERVED.
COPYRIGHT NOTICE and LIMITATIONS ON USE
All of the information, content and related graphics within this Internet site (collectively, the "Content") are protected by copyright and other intellectual property laws. The Content is owned by Pemberton & Oakes, Ltd. or is under its representation. The Content is intended for personal use only. While you may interact with or download a single copy of any portion of the Content for your personal, noncommercial information, entertainment or use, you may not reproduce, sell, publish, distribute, modify, display, repost or otherwise use any portion of the Content in any other way or for any other purpose without the written consent of Pemberton & Oakes. Requests for use of the Content for any purpose other than personal, noncommercial use should be directed to email@example.com.
The Content includes certain trademarks, trade names, service marks and logos owned by Pemberton & Oakes, as well as its licensees, suppliers and other information providers. These include but are not limited to the registered marks. By using this web site you agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content.
POSTINGS, RESOURCES & EXTERNAL LINKS
Pemberton & Oakes provides site resources including, but not limited to, online user forums and email services for registered Members (“Resources”). We cannot be responsible for the content of these sites, for various reasons, including our inability to prevent third party content.
You agree to abide by any applicable posted guidelines for site Resources, which may change at any time. You understand that all postings, emails, attachments, or other materials ("Content") posted on, transmitted through, or linked from these Resources, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post, email or otherwise make available via these Resources. You understand that Pemberton & Oakes does not control, and is not responsible for Content made available through these Resources, and that by using these Resources, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content. You acknowledge that Pemberton & Oakes does not pre-screen or approve Content, but that Pemberton & Oakes shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via these Resources, for any reason.
You agree that Pemberton & Oakes, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of these Resources (or any part thereof), immediately and without notice, and remove and discard any Content within these Resources, for any reason. Further, you agree that Pemberton & Oakes shall not be liable to you or any third-party for any termination of your access to these Resources. Further, you agree not to attempt to use these Resources after said termination.
You agree not to post or otherwise make available Content that is unlawful, false, deceptive, misleading, deceitful, misinformative, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way. Furthermore, you agree not to post or otherwise make available content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that is protected under any law or contractual or fiduciary relationships. You agree not to post or otherwise make available content that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity, that includes personal or identifying information about another person without that person's explicit consent, or that constitutes or contains any form of advertising or solicitation.
You agree not to post or otherwise make available content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, that disrupts the Resources with an excessive number of messages, or that otherwise negatively affects other users' ability to use these Resources
Additionally, you agree not to contact anyone who has asked not to be contacted, "stalk" or otherwise harass anyone, collect personal data about other users for commercial or unlawful purposes, use automated means, including but not limited to spiders, robots, crawlers, data mining tools, to download data from these Resources, attempt to access Pemberton & Oakes' computer systems or to disrupt the quality of, interfere with the performance of, or impair the functionality of, these Resources or the Pemberton & Oakes website.
You acknowledge that Pemberton & Oakes may limit your use of these Resources in any way it wishes. You agree that Pemberton & Oakes has no responsibility or liability for the deletion of or failure to store any Content maintained or transmitted by these Resources. You acknowledge that Pemberton & Oakes reserves the right at any time to modify or discontinue these Resources (or any part thereof), your access to or use of these Resources, with or without notice, and that Pemberton & Oakes shall not be liable to you or to any third party for any modification, suspension or discontinuance of these Resources.
The agreements in this section shall continue after termination of this site or your use of the site or the Resources.
Please note that Pemberton & Oakes does not want to receive confidential or proprietary information or intellectual property through our web site without receiving your Acknowledgment accepting our submittal terms. Any information or material sent to Pemberton & Oakes will be considered and treated as NOT confidential. Pemberton & Oakes shall not be subject to any obligations of confidentiality regarding submitted information except as specifically agreed to in writing by Pemberton & Oakes or as required by law. You also agree that Pemberton & Oakes is free to use any ideas, concepts, know-how or techniques that you send us for any purpose if they arrive before we receive your completed Acknowledgment.
COPYRIGHTS AND COPYRIGHT AGENTS
It is our policy to respond to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement including those relating to this site, and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
In accordance with the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for these sites:
To be effective, the notification must be in writing and includes the following:
THE CONTENTS OF THIS SITE ARE PROVIDED "AS IS," AND "AS AVAILABLE." PEMBERTON & OAKES DOES NOT WARRANT ITS ACCURACY, ADEQUACY, COMPLETENESS OR CURRENCY, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENTS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF PRODUCT SALABILITY BASED ON USE OF ONE OR MORE PARTICULAR IMAGES OR FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE CONTENTS.
GENERAL DISCLAIMER and LIMITATION OF LIABILITY
YOU MAY USE THIS SITE ONLY AT YOUR OWN RISK. IN NO EVENT WILL PEMBERTON & OAKES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF PEMBERTON & OAKES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
Pemberton & Oakes reserves the right at our discretion to change these Terms and Conditions, and will notify users of any such changes by on-line postings. Your continued use of the web site after the posting of any amended Terms and Conditions shall constitute your agreement to be bound by any such changes. Pemberton & Oakes may modify, suspend, discontinue or restrict the use of any portion of the site, including the availability of any portion of the Content at any time, without notice or liability.
This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
Use of this site shall be governed by and construed in accordance with all applicable Federal laws of the United States of America and the laws of the State of California, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the web site must be filed in the federal or state courts located in Marin County, California, within one year after the cause of action arises or the cause is barred.