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AGREEMENT BETWEEN USER AND PinPoint Resources
The PinPoint Resources web site is comprised
of various web pages operated by PinPoint Resources.
The PinPoint Resources web site is offered
to you conditioned on your acceptance without
modification of the terms, conditions, and notices
contained herein. Your use of the PinPoint Resources
web site constitutes your agreement to all such
terms, conditions, and notices.
MODIFICATION
OF THESE TERMS OF USE
PinPoint Resources
reserves the right to change the terms, conditions,
and notices under which the PinPoint Resources
web site is offered, including but not limited
to the charges associated with the use of the
PinPoint Resources web site.
LINKS
TO THIRD PARTY SITES
The PinPoint
Resources web site may contain links to other
web sites ("linked sites"). The linked sites
are not under the control of PinPoint Resources
and PinPoint Resources 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.
PinPoint Resources is not responsible for web
casting or any other form of transmission received
from any linked site. PinPoint Resources is
providing these links to you only as a convenience,
and the inclusion of any link does not imply
endorsement by PinPoint Resources of the site
or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the PinPoint
Resources web site, you warrant to PinPoint
Resources that you will not use the PinPoint
Resources web site for any purpose that is unlawful
or prohibited by these terms, conditions, and
notices. You may not use the PinPoint Resources
web site in any manner which could damage, disable,
overburden, or impair the PinPoint Resources
web site or interfere with any other party's
use and enjoyment of the PinPoint Resources
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 PinPoint Resources web sites.
USE OF COMMUNICATION SERVICES
The PinPoint Resources 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:
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Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights
(such as rights of privacy and publicity)
of others.
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Publish, post, upload, distribute
or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent
or unlawful topic, name, material or
information.
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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.
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Upload files that contain viruses,
corrupted files, or any other similar
software or programs that may damage
the operation of another's computer.
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Advertise or offer to sell or buy
any goods or services for any business
purpose, unless such Communication Service
specifically allows such messages.
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Conduct or forward surveys, contests,
pyramid schemes or chain letters.
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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.
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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.
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Restrict or inhibit any other user
from using and enjoying the communication
services.
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Violate any code of conduct or other
guidelines which may be applicable for
any particular communication service.
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Harvest or otherwise collect information
about others, including e-mail addresses,
without their consent.
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Violate any applicable laws or regulations.
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PinPoint Resources has no obligation to monitor
the communication services. However, PinPoint
Resources reserves the right to review materials
posted to a communication service and to remove
any materials in its sole discretion. PinPoint
Resources reserves the right to terminate your
access to any or all of the communication services
at any time without notice for any reason whatsoever.
PinPoint Resources 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 PinPoint
Resources’ sole discretion.
Always use
caution when giving out any personally identifying
information about yourself or your children
in any communication service. PinPoint Resources
does not control or endorse the content, messages
or information found in any communication service
and, therefore, PinPoint Resources 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 PinPoint
Resources spokespersons, and their views do
not necessarily reflect those of PinPoint Resources.
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 PinPoint Resources OR POSTED AT ANY PinPoint
Resources WEB SITE
PinPoint Resources
does not claim ownership of the materials you
provide to PinPoint Resources (including feedback
and suggestions) or post, upload, input or submit
to any PinPoint Resources web site or its associated
services (collectively "submissions"). However,
by posting, uploading, inputting, providing
or submitting your submission you are granting
PinPoint Resources, its affiliated companies
and necessary sub licensees 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. PinPoint Resources
is under no obligation to post or use any submission
you may provide and may remove any submission
at any time in PinPoint Resources’ 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 PinPoint Resources
WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. PinPoint Resources AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE PinPoint Resources WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE PinPoint Resources 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.
PinPoint Resources 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 PinPoint
Resources 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. PinPoint
Resources 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
PinPoint Resources 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 PinPoint Resources WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE PinPoint Resources
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 PinPoint
Resources WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE PinPoint Resources WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF PinPoint
Resources 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 PinPoint Resources WEB
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE PinPoint Resources WEB SITE.
TERMINATION/ACCESS RESTRICTION
PinPoint Resources reserves the right, in
its sole discretion, to terminate your access
to the PinPoint Resources 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 Indiana, U.S.A.
and you hereby consent to the exclusive jurisdiction
and venue of courts in Marion County, Indiana,
U.S.A. in all disputes arising out of or relating
to the use of the PinPoint Resources web site.
Use of the PinPoint Resources 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 PinPoint Resources as a result of this
agreement or use of the Pinpoint Resources web
site. PinPoint Resources’ performance of this
agreement is subject to existing laws and legal
process, and nothing contained in this agreement
is in derogation of PinPoint Resources’ right
to comply with governmental, court and law enforcement
requests or requirements relating to your use
of the PinPoint Resources web site or information
provided to or gathered by PinPoint Resources
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 PinPoint Resources with
respect to the PinPoint Resources web site and
it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written,
between the user and PinPoint Resources with
respect to the PinPoint Resources 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 PinPoint
Resources web site are: Copyright 2005 PinPoint
Resources. 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 may be 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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