Saturday, March 10, 2007

CWW TERMS of Service Disclaimer

Restrictions on Use This site, CWW (the "Site") is owned and operated by Cohocton Wind Watch, and is protected by national and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including text, graphics, code and/or software. You may link to this Site, but you may not download any material from this Site without advance written permission.

Disclaimer where CWW has provided links to other Internet sites maintained by third parties, unless expressly stated otherwise no inference or assumption should be made and no representation may be implied that CWW and/or its owner or owners, editor or editors operate or control in any respect any information, products or services on these third-party sites. The material in this Site and the third party sites are provided 'as is' and without any warranties of any kind either expressed or implied. CWW does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third party sites or your reliance thereupon in the terms of their correctness, accuracy, reliability or otherwise. You assume, and not CWW, the entire cost of all necessary risks.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, omission, errors, interruption, deletion, defect or delays in operation and transmission. Computer virus, line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether from breach of contract, tortuous behavior, negligence, or infer any other cause of action. You specifically acknowledge that CWW is not liable for the defamatory, offensive or illegal conduct of third party sites, forum posters, or other materials you might see, or otherwise experience from the links on this Site, and that the risk of injury from the foregoing rests entirely with you.

In no event shall CWW, or any person or entity in creating, producing or distributing CWW material, be liable for damages, including without limitation, direct, indirect, special, incidental, consequential or punitive damages arising out of the use of or the inability to use of the CWW site. You hereby acknowledge that the provisions of this section shall apply to all content on this Site.

Limitation of Liability under no circumstances, including, but not limited to, negligence, shall CWW and/or its owner or owners, editor or editors be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use CWW materials. You specifically acknowledge and agree that CWW is not liable for any defamatory, offensive or illegal conduct of any columnist or other person in any way associated with the Site. If you are dissatisfied with any CWW material, or with any of CWW 's terms and conditions, your sole and exclusive remedy is to discontinue using the Site.

Termination of this agreement is effective until terminated by CWW, at any time and without notice. In the event of termination, you are no longer authorized to access the Site, but the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers, and limitations of liabilities set forth in this agreement, shall survive.

Indemnification acknowledges that you agree to defend, indemnify and hold harmless CWW and/or its owner or owners, editor or forum posting members from and against all liabilities, claims, damages, and expenses, including attorneys' fees, arising out of your use of the site, or your violation or alleged violation of the terms of this Agreement.

This agreement shall be governed by and construed in accordance with the laws of the State of New York and the United States of America without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

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