Dean Ponak Web Site Agreement
The DeanPonak.com Web Site (the "Site") is an online information
service provided by Dean Ponak ("DeanPonak.com"), 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. DeanPonak.com
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 DeanPonak.com, 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 DeanPonak.com 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 DeanPonak.com by all means and in any media now known or
hereafter developed. You also grant to DeanPonak.com 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 DeanPonak.com for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to DeanPonak.com.
TRADEMARKS
Publications, products, content or services referenced herein or on the
Site are the exclusive trademarks or servicemarks of DeanPonak.com.
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 DeanPonak.com,
DeanPonak.comdoes not operate, control or endorse any information,
products or services on the Internet in any way. Except for
DeanPonak.com- 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 DeanPonak.com a. You also understand that DeanPonak.com
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. DeanPonak.com 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 noninfringement, 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 DeanPonak.com
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. DeanPonak.com 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.
DeanPonak.com has no control over and accepts no responsibility
whatsoever for such materials.
Limitation of liability
In no event will DeanPonak.com 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 DeanPonak.com 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, DeanPonak.com
liability is limited to the greatest extent permitted by law.
DeanPonak.com 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- DeanPonak.com web site, please understand
that it is independent from DeanPonak.com, and that DeanPonak.com has
no control over the content on that web site. In addition, a link to a
DeanPonak.com web site does not mean that DeanPonak.com 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 DeanPonak.com, 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 DeanPonak.com 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 USA applicable to agreements made and to be performed in
USA. You agree that any legal action or proceeding between
DeanPonak.com 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 USA . 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. DeanPonak.com '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.
DeanPonak.com 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.