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Withers & Ravenel Terms |
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Terms of Use
AGREEMENT BETWEEN USER AND Withers & Ravenel
The Withers & Ravenel Web Site is comprised of various Web pages operated by Withers &
Ravenel.
The Withers & Ravenel Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of the Withers &
Ravenel Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Withers & Ravenel reserves the right to change the terms, conditions, and notices under
which the Withers & Ravenel Web Site is offered, including but not limited to the charges
associated with the use of the Withers & Ravenel Web Site.
LINKS TO THIRD PARTY SITES
The Withers & Ravenel Web Site may contain links to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of Withers & Ravenel and Withers & Ravenel is not
responsible for the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. Withers & Ravenel is not
responsible for webcasting or any other form of transmission received from any Linked Site.
Withers & Ravenel is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Withers & Ravenel of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Withers & Ravenel Web Site, you warrant to Withers &
Ravenel that you will not use the Withers & Ravenel Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the Withers & Ravenel Web
Site in any manner which could damage, disable, overburden, or impair the Withers & Ravenel Web
Site or interfere with any other party's use and enjoyment of the Withers & Ravenel Web Site. You
may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Withers & Ravenel Web Sites.
USE OF COMMUNICATION SERVICES
The Withers & Ravenel Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the Communication Services only to
post, send and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto
or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other material
contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication
Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
- Violate any applicable laws or regulations.
Withers & Ravenel has no obligation to monitor the Communication Services. However, Withers
& Ravenel reserves the right to review materials posted to a Communication Service and to remove
any materials in its sole discretion. Withers & Ravenel reserves the right to terminate your
access to any or all of the Communication Services at any time without notice for any reason
whatsoever.
Withers & Ravenel reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part, in Withers &
Ravenel's sole discretion.
Always use caution when giving out any personally identifying information about yourself or
your children in any Communication Service. Withers & Ravenel does not control or endorse the
content, messages or information found in any Communication Service and, therefore, Withers &
Ravenel specifically disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service. Managers and hosts are
not authorized Withers & Ravenel spokespersons, and their views do not necessarily reflect those
of Withers & Ravenel.
Materials uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if
you download the materials.
MATERIALS PROVIDED TO Withers & Ravenel OR POSTED AT ANY Withers & Ravenel WEB
SITE
Withers & Ravenel does not claim ownership of the materials you provide to Withers &
Ravenel (including feedback and suggestions) or post, upload, input or submit to any Withers &
Ravenel Web Site or its associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting Withers & Ravenel,
its affiliated companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Withers & Ravenel is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in Withers & Ravenel's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in
this section including, without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
Withers & Ravenel WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. Withers & Ravenel AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE Withers & Ravenel WEB SITE AT ANY TIME. ADVICE RECEIVED VIA
THE Withers & Ravenel WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
Withers & Ravenel AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE Withers & Ravenel WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Withers &
Ravenel AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Withers & Ravenel
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE Withers & Ravenel WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Withers & Ravenel WEB SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Withers & Ravenel WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Withers & Ravenel WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Withers & Ravenel OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
Withers & Ravenel WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE Withers & Ravenel WEB SITE.
SERVICE CONTACT : admin
TERMINATION/ACCESS RESTRICTION
Withers & Ravenel reserves the right, in its sole discretion, to terminate your access to
the Withers & Ravenel Web Site and the related services or any portion thereof at any time,
without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the
laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to
the use of the Withers & Ravenel Web Site. Use of the Withers & Ravenel Web Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Withers & Ravenel as a result of this
agreement or use of the Withers & Ravenel Web Site. Withers & Ravenel's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of Withers & Ravenel's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Withers & Ravenel Web Site or
information provided to or gathered by Withers & Ravenel with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this agreement constitutes the
entire agreement between the user and Withers & Ravenel with respect to the Withers & Ravenel Web
Site and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Withers & Ravenel with respect to the Withers &
Ravenel Web Site. A printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the
parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Withers & Ravenel Web Site are: Copyright 2003-2006 Withers & Ravenel
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their
respective owners.
The example companies, organizations, products, people and events depicted herein are
fictitious. No association with any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement.
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