Alan R. Vigoda Development Corporation Web Site Terms of Service Agreement

THIS TERMS OF SERVICE AGREEMENT IS OPERATIONAL FOR ALL WEBSITES OWNED AND/OR OPERATED BY ALAN R. VIGODA DEVELOPMENT CORPORATION

The web sites belonging to or operated by Alan R. Vigoda Development Corporation (the "Sites") are online information services provided by Alan R. Vigoda Development Corporation, subject to your compliance with the terms and conditions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.

Alan R. Vigoda Development Corporation MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions

The entire contents of the Sites are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Alan R. Vigoda Development Corporation, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to  Alan R. Vigoda Development Corporation a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to any of the web sites belonging to or operated by Alan R. Vigoda Development Corporation by all means and in any media now known or hereafter developed. You also grant to Alan R. Vigoda Development Corporation the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Alan R. Vigoda Development Corporation for any alleged or actual infringement or misappropriation of any proprietary right in your communications to any or all websites belonging to or operated by Alan R. Vigoda Development Corporation. 

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by sites belonging to or operated by Alan R. Vigoda Development Corporation, Alan R. Vigoda Development Corporation does not operate, control or endorse any information, products or services on the Internet in any way.  Except for specifically site-identified information, products or services, all information, products and services offered through the sites or on the Internet generally are offered by third parties, that are not affiliated with Alan R. Vigoda Development Corporation.

You also understand that web sites belonging to or operated by Alan R. Vigoda Development Corporation cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our sites for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND THE INTERNET. All web sites belonging to or operated by Alan R. Vigoda Development Corporation PROVIDE THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND any website belonging to or operated by Alan R. Vigoda Development Corporation as well as Alan R. Vigoda Development Corporation itself,  SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION OR USE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. All web sites belonging to or operated by Alan R. Vigoda Development Corporation SPECIFICALLY DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Web sites belonging to or operated by Alan R. Vigoda Development Corporation HAVE NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL any web sites belonging to or operated by Alan R. Vigoda Development Corporation or Alan R. Vigoda Development Corporation BE LIABLE FOR

(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Web sites belonging to or operated by Alan R. Vigoda Development Corporation or Alan R. Vigoda Development Corporation OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR

(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, web sites belonging to or operated by Alan R. Vigoda Development Corporation and Alan R. Vigoda Development Corporation LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Any web site belonging to or operated by Alan R. Vigoda Development Corporation makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a site not belonging to or operated by Alan R. Vigoda Development Corporation, please understand that it is independent from Alan R. Vigoda Development Corporation, and that Alan R. Vigoda Development Corporation has no control over the content on that web site. In addition, a link to a web site belonging to or operated by Alan R. Vigoda Development Corporation does not mean that the web site(s) belonging to or operated by Alan R. Vigoda Development Corporation endorses or accepts any responsibility for the content, or the use, of the web site providing that link.

3. Indemnification.

You agree to indemnify, defend and hold harmless any and all web sites belonging to or operated by Alan R. Vigoda Development Corporation, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of any and all web sites belonging to or operated by Alan R. Vigoda Development Corporation and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term and Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of British Columbia, Canada applicable to agreements made and to be performed in British Columbia, Canada. You agree that any legal action or proceeding between any web sites belonging to or operated by Alan R. Vigoda Development Corporation or Alan R. Vigoda Development Corporation and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in British Columbia, Canada .  You agree and specifically waive any right to commence legal action or proceeding between any web sites belonging to or operated by Alan R. Vigoda Development Corporation or Alan R. Vigoda Development Corporation and you for any purpose in any other jurisdiction besides British Columbia, Canada.  Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any web sites belonging to or operated by Alan R. Vigoda Development Corporation's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Any and all web sites belonging to or operated by Alan R. Vigoda Development Corporation may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

Last Updated: December 1, 2009

COPYRIGHT © 1999-2009 PriorityDigital.com.  Prepared for: Alan R. Vigoda Development Corporation.  All rights reserved.   

Get your own free disclaimer on-line here.