TERMS AND CONDITIONS OF USE
We have taken every effort to design our Web site to be useful,
informative, helpful, honest and fun. Hopefully we’ve
accomplished that — and would ask that you let us know
if you’d like to see improvements or changes that would
make it even easier for you to find the information you need
and want.
All we ask is that you agree to abide by the following Terms
and Conditions. Take a few minutes to look them over because
by using our site you automatically agree to them. Naturally,
if you don’t agree, please do not use the site. We reserve
the right to make any modifications that we deem necessary at
any time. Please continue to check these terms to see what those
changes may be! Your continued use of the Three4Ten.com Web site
means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the Three4Ten.com site, including, without
limitation, text, software, names, logos, trademarks, service
marks, trade names, images, photos, illustrations, audio clips,
video clips, and music are copyrighted intellectual property.
All usage rights are owned and controlled by Three4Ten.com. You,
the visitor, may download Online Materials for non-commercial,
personal use only provided you 1) retain all copyright, trademark
and propriety notices, 2) you make no modifications to the materials,
3) you do not use the materials in a manner that suggests an
association with any of our products, services, events or brands,
and 4) you do not download quantities of materials to a database,
server, or personal computer for reuse for commercial purposes.
You may not, however, copy, reproduce, republish, upload, post,
transmit or distribute Online Materials in any way or for any
other purpose unless you get our written permission first. Neither
may you add, delete, distort or misrepresent any content on the
Three4Ten.com site. Any attempts to modify any Online Material,
or to defeat or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data accompanying
it, is considered licensed to you by Three4Ten.com or third-party
licensors for your personal, non-commercial home use only. We
do not transfer title of the software to you. That means that
we retain full and complete title to the software and to all
of the associated intellectual-property rights. You’re
not allowed to redistribute or sell the material or to reverse-engineer,
disassemble or otherwise convert it to any other form that people
can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other
information that you send to Three4Ten.com through our site (other
than information we promise to protect under our privacy policy
becomes and remains our property, even if this agreement is later
terminated.
That means that we don’t have to treat any such submission
as confidential. You can’t sue us for using ideas you submit.
If we use them, or anything like them, we don’t have to
pay you or anyone else for them. We will have the exclusive ownership
of all present and future rights to submissions of any kind.
We can use them for any purpose we deem appropriate to our Three4Ten.com
mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission
you make. This means that you (and not we) have full responsibility
for the message, including its legality, reliability, appropriateness,
originality, and copyright.
Limitation of Liability
Three4Ten.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT
ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED
BY ANY:
USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK
FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR
DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR
INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN
IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM
A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE
LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES.
IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY
WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT
TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES,
DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER
THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED
TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE
CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN
THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide
Web sites from our site. Such a link should not be seen as an
endorsement, approval or agreement with any information or resources
offered at sites you can access through our site. If in doubt,
always check the Uniform Resource Locator (URL) address provided
in your WWW browser to see if you are still in a Three4Ten.com-operated
site or have moved to another site. Three4Ten.com is not responsible
for the content or practices of third party sites that may be
linked to our site. When Three4Ten.com provides links or references
to other Web sites, no inference or assumption should be made
and no representation should be inferred that Three4Ten.com is
connected with, operates or controls these Web sites. Any approved
link must not represent in any way, either explicitly or by implication,
that you have received the endorsement, sponsorship or support
of any Three4Ten.com site or endorsement, sponsorship or support
of Three4Ten.com, including its respective employees, agents
or directors.
Termination of This Agreement
This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying all
materials obtained from all Three4Ten.com Web site, along with
all related documentation and all copies and installations. Three4Ten.com
may terminate this agreement at any time and without notice to
you, if, in its sole judgment, you breach any term or condition
of this agreement. Upon termination, you must destroy all materials.
In addition, by providing material on our Web site, we do not
in any way promise that the materials will remain available to
you. And Three4Ten.com is entitled to terminate all or any part
of any of its Web site without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States,
you are responsible for compliance with any applicable local
laws.
These Terms of Use shall be governed by, construed and enforced
in accordance with the laws of the Alabama, as it is applied
to agreements entered into and to be performed entirely within
such jurisdiction.
To the extent you have in any manner violated or threatened
to violate Three4Ten.com and/or its affiliates' intellectual
property rights, Three4Ten.com and/or its affiliates may seek
injunctive or other appropriate relief in any state or federal
court in the State of Alabama, and you consent to exclusive jurisdiction
and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first
try to resolve it with the help of a mutually agreed-upon mediator
in the following location: Cullman. Any costs and fees other
than attorney fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to
binding arbitration at the following location: Cullman, under
the rules of the American Arbitration Association. Judgment upon
the award rendered by the arbitration may be entered in any court
with jurisdiction to do so.
Three4Ten.com may modify these Terms of Use, and the agreement
they create, at any time, simply by updating this posting and
without notice to you. This is the ENTIRE agreement regarding
all the matters that have been discussed.
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