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USER AGREEMENT
(“Agreement”)
ACCEPTANCE OF TERMS THROUGH USE
By using this
site means you (“User”) accept and agree to the terms and conditions of
this USER AGREEMENT ("Agreement"). If you do not agree to this Agreement
please do not use this site. Please check this Agreement periodically
for changes as the owner of this site the Lake Hudson Area Association
(“Company”) reserves the right to revise this Agreement and your
continued use of this site following the posting of any changes to the
Agreement constitutes acceptance of such changes. The Company reserves
the right to terminate a User’s use of this site at any time without
notice and may do so for any breach of this Agreement or the
instructions on this site by User. This Agreement applies to licensors
and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS
AGREEMENT AND USE THIS SITE
This Agreement
must be completed, understood and agreed to by a person over 18. If a
parent or guardian wishes to permit a person under 18, and under his or
her supervision, to use this site, he or she should email the Company
with his or her explicit permission and acceptance of full legal
responsibility for the minor to do so. If you are not yet 18, if you are
easily offended, or are accessing this site from any country where
material on this site is prohibited or illegal, please leave now as you
do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your
agreement to this Agreement, the Company hereby grants you a
non-exclusive, non-transferable limited license to use this site in
strict accordance with the terms and conditions in this Agreement and as
permitted via instructions on this site. You agree not to make any false
or fraudulent statements in your use of or to gain access to this site.
You acknowledge and agree that all content and services available on
this site are property of the Company and its advertisers and licensors
and are protected by copyrights, moral rights, trademarks, service
marks, patents, trade secrets, and other proprietary rights and laws, in
the U.S. and internationally. All rights not expressly granted herein
are fully reserved by the Company, its advertisers and licensors. You
agree to pay for any and all purchases and services made using your name
and credit card through this Site, not to challenge any such charges and
to pay for all collections and/or attorneys fees resulting from any
non-payment.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through this site, you agree not
to save, download, cut and paste, sell, license, rent, lease, modify,
distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works from
materials, code or content on or from this site. Systematic retrieval of
data or other content from this site to create or compile, directly or
indirectly, a collection, compilation, database or directory without
written permission from the Company is prohibited. In addition, use of
the content or materials for any purpose not expressly permitted in this
Agreement is prohibited.
Security
You agree that if
you are issued a Username and Password by the Company, you shall use
your best efforts to prevent access to this site through your Username
and Password by anyone other than yourself, including but not limited
to, keeping such information strictly confidential, notifying the
Company immediately if you discover loss or access to such information
by another party not under your control and supervision, and by using a
Username and Password not easily guessed by a third party.
You agree that
you shall not try to reverse engineer, reverse assemble, reverse
compile, decompile, disassemble, translate or otherwise alter any
executable code, contents or materials on or received via this site. You
understand that such actions are likely to subject you to serious civil
and criminal legal penalties and that the Company shall pursue such
penalties to the full extent of the law to protect its rights and the
rights of its other licensors.
International Users
Accessing this
site, and services, products or contents available on this site, except
as expressly allowed through instructions and truthful statements by the
User in regard to use of this site, from places outside the U.S. or
where their contents are illegal, is prohibited. Those who choose to
access this site from other locations do so knowingly on their own
initiative and voluntarily at their own risk and are responsible for
compliance with local laws. None of the information on this site may be
downloaded, exported or re-exported into Iran, Iraq, Syria, Libya,
Sudan, Cuba, North Korea, Yugoslav Republic (Serbia and Montenegro),
Rwanda, Nigeria or any other country with restrictions imposed by the
U.S. Government. By using this site, you agree that you are not a
citizen of or a resident in any of these countries.
Export
You agree that
you shall comply with all applicable export and import control laws and
regulations in your use of this site, or materials or services received
through this site, and, in particular, you shall not export or re-export
anything on or received through this site in violation of local or
foreign export laws and/or without all required U.S. and foreign
government licenses.
Government Use.
If you are a
branch or agency of the U.S. Government, the following provision
applies. This site, code, contents, services and accompanying
documentation are comprised of "commercial computer software" and
"commercial computer software documentation" as such terms are used in
48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for
acquisition by or on behalf of civilian agencies, consistent with the
policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on
behalf of units of the Department of Defense, consistent with the
policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3
(JUN 1995). Unpublished rights reserved under the copyright laws of the
United States.
USER'S LICENSE GRANT TO SITE
Except with
regard to personal information, all information which you post on this
site or communicate to the Company through this site (collectively
“Submissions”) shall forever be the property of the Company. You agree
to the Site Submission Rules found
here, if provided by Company, as part of this Agreement. The Company
shall not treat any submission as confidential and shall not incur any
liability as a result of any similarities that may appear in future
Company services or products. Without limitation, the Company shall have
exclusive ownership of all present and future existing rights to any
Submission of every kind and nature everywhere. You acknowledge that you
are fully responsible for the message, including its legality,
reliability, appropriateness, originality and copyright. You hereby
represent and warrant that your Submission does not infringe the rights
of any third party.
TRADEMARKS
The Company’s,
licensors’ or other third party materials, services or products
referenced on this site are common law or registered trade marks or
service marks of such parties.
THIRD PARTY SITES
You may be
transferred to online merchants or other third party sites through links
or frames from this site. You are cautioned to read such sites’ Terms
and Conditions and/or Privacy Policies before using such sites in order
to be aware of the terms and conditions of your use of such sites. These
sites may contain information or material that is illegal, unreasonable
or that some people may find inappropriate or offensive. These other
sites are not under the control of the Company, are not monitored or
reviewed by the Company, and the Company is not aware of the contents of
such sites. You acknowledge that the Company is not responsible for the
accuracy, copyright compliance, legality, decency, or any other aspect
of the contents or any transmissions received through such sites. The
inclusion of such a link or frame does not imply endorsement of that
site by the Company, its advertisers or licensors, or any association
with its operators and is provided solely for your convenience. You
agree that the Company and its licensors have no liability whatsoever
from such third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR
WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED
ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS
AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS
SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE
AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL
EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY
INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT;
THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR
ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER
AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR
STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO
NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT
APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF
YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE
USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR
RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED
THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to
defend, indemnify, and hold harmless the Company, its advertisers,
licensors, subsidiaries and other affiliated companies, and their
employees, contractors, officers, agents and directors from all
liabilities, claims, and expenses, including attorney's fees, that arise
from your use of this site, or any services, information or products
from this site, or any violation of this Agreement. The Company reserves
the right, at it own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in
which event you shall cooperate with the Company in asserting any
available defenses.
LEGAL COMPLIANCE
Company may
suspend or terminate this Agreement or User’s use immediately upon
receipt of any notice which alleges that User has used this site for any
purpose that violates any local, state, federal or law of other nations,
including but not limited to the posting of information that may violate
third party rights, that may defame a third party, that may be obscene
or pornographic, that may harass or assault others, that may violate
hacking or other criminal regulations, etc. of its agents, officers,
directors, contractors or employees. In such event, Company may disclose
the User’s identity and contact information, if requested by a
government or law enforcement body or as a result of a subpoena or other
legal action, and Company shall not be liable for damages or results
thereof and User agrees not to bring any action or claim against Company
for such disclosure.
CHOICE OF LAW AND FORUM
This site
(excluding third party linked sites) is controlled by the Company from
its offices within the State of Oklahoma, U.S. of America. It can be
access from all 50 states as well as from other countries around the
world to the extent permitted by site. As each of these places has laws
that may differ from Oklahoma, by accessing this site, both you and the
Company agree that the statues and laws of Oklahoma shall apply to any
actions or claims arising out of or in relation to this Agreement or
your use of this site, without regard to conflicts of laws principles
thereof. You and the Company also agree and hereby submit to the filing
of any claim only in the exclusive personal jurisdiction and venue of
Oklahoma and any legal proceedings shall be conducted in English. The
Company makes no representation that materials on this site are
appropriate or available for use in other locations, and accessing them
from territories where their contents are illegal is prohibited. This
Agreement shall not be governed by the United Nations Convention on
Contracts for the Sale of Goods.
MISCELLANEOUS
This Agreement
incorporates by reference the Site
Submission Rules if this site allows posting and posts such Rules.
This Agreement constitutes the entire agreement between the parties
related to the subject matter thereof, supersedes any prior or
contemporaneous (oral, written or electronic) agreement between the
parties and shall not be changed except by written agreement signed by
an officer of the Company. If any provision of this Agreement is
prohibited by law or held to be unenforceable, the remaining provisions
hereof shall not be affected, and this Agreement as much as possible
under applicable law shall continue in full force and effect as if such
unenforceable provision had never constituted a part hereof and the
unenforceable provision shall be automatically amended to so as to best
accomplish the objectives of such unenforceable provision within the
limits of applicable law. User shall not assign or transfer this
Agreement and any such transfer shall be void.
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