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User Agreement.
This forum/chat room, provided to
you ("You") by Heavy Equipment Sales ("HES"),
is subject to the terms of this User Agreement
("Agreement"). This Forum/Chat Room is provided as a
free service. HES reserves the right to change the nature of
this relationship at any time. BY SUBMITTING OR POSTING
INFORMATION, COMMENTS, IDEAS, OR CONTENT ("CONTENT")
YOU AGREE TO THE TERM AND CONDITIONS OUTLINED IN THIS DOCUMENT.
Listed below is a representative
list of guidelines to follow when submitting or posting Content
to the Forum/Chat room You agree not to do any of the following
while using the Forum/Chat Room.
1. GUIDELINES.
a. Transmit using the
Forum/Chat Room any information, language, data, text,
files, links, software or other materials images (Content)
deemed pornographic or obscene as determined by HES.
b. Use a name that HES, in
its sole discretion, deems offensive.
c. Post defamatory
statements.
d. Post hateful, racially or
ethnically objectionable Content.
e. Post Content which
infringes another's copyright, trademark or trade secret.
f. Post unsolicited
advertising.
g. Harass, threaten or
intentionally embarrass another forum visitor.
h. Impersonate another
person.
i. Engage in disruptive
activity such as sending multiple messages in an effort to
monopolize the forum.
j. Violate any federal,
state, local, international law or regulation.
k. Encourage conduct that
would constitute a criminal offense or civil.
2. CONTENT.
a. HES does not prescreen
information posted to the Forum/Chat Room. You acknowledge
that by providing You and others with the ability to
distribute Your postings, HES is acting as a passive conduit
for such distribution and is not responsible for Content.
Any opinions, advice, statements, services, offers, or other
information in Content expressed or made available by users
of the Forum/Chat Room are those of the respective author(s)
or distributor(s) and not of HES. HES neither endorses nor
guarantees the accuracy, completeness, or usefulness of any
such Content.
b. Under no circumstances
will HES be liable for any loss or damage caused by Your
reliance on information in any Content You find in the
Forum/Chat Room. It is Your responsibility to evaluate the
accuracy, completeness or usefulness of any information,
opinion, advice or other content available through the
Forum/Chat Room. Please seek the advice of professionals, as
appropriate, regarding the evaluation of any specific
information, opinion, advice or other content, including but
not limited to financial, health, or lifestyle information,
opinion, advice or other matters.
c. HES does not endorse,
warrant or guarantee any product or service offered by a
third party through the Forum/Chat Room and will not be a
party to or in any way monitor any transaction between You
and third party providers of products or services. As with
the purchase of a product or service through any medium or
in any environment, You should use Your best judgment and
exercise caution where appropriate.
3. INTELLECTUAL PROPERTY.
a. You agree that You will
transmit to and through the Forum/Chat Room only Content
that is not subject to any copyright, trade secret or other
intellectual property rights of others ("Rights"),
or Content in which any holder of such Rights has given
express authorization to You for distribution through the
Forum/Chat Room. The burden of determining that any material
is not protected by copyright or other Rights rests with
You. You shall be solely liable for any damages resulting
from any infringement of copyrights, or other Rights, or any
other harm resulting from Your uploading, posting or
submission of Content to the Forum/Chat Room.
b. By submitting Content to
the Forum/Chat Room, You automatically grant, or warrant
that the owner of such Content has granted, Intel a
royalty-free, perpetual, irrevocable, non-exclusive right
and license to make, use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform
and display such Content (in whole or in part) worldwide and
to incorporate it in other works in any form, media, or
technology now known or later developed for the full term of
any Rights that may exist in such content.
4. MONITORING.
HES shall have the right, but
not the obligation, to monitor the content of the Forum/Chat
Room to determine compliance with this Agreement and any other
operating rules established by HES. HES shall have the right
in its sole discretion to edit, or remove any material
submitted to or posted in the Forum/Chat Room. Without
limiting the foregoing, HES shall have the right to remove any
material that HES, in its sole discretion, finds to be in
violation of the provisions hereof or otherwise objectionable.
Notwithstanding this right of HES, You shall remain solely
responsible for the Content posted to the Forum/Chat Room. You
acknowledge and agree that HES shall not assume nor have any
liability for any action or inaction by HES with respect to
any conduct, communication or posting in the Forum/Chat Room.
5. DISCLAIMER
OF WARRANTIES:
YOU EXPRESSLY AGREE THAT USE OF THE
FORUM/CHAT ROOM IS AT YOUR OWN RISK. HES EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
HES MAKES NO WARRANTY THAT THE
FORUM/CHAT ROOM WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HES
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE FORUM/CHAT ROOM OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH HES. NO ADVICE
OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM
THE FORUM/CHAT ROOM SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
YOU UNDERSTAND AND AGREE THAT ANY
CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE FORUM/CHAT ROOM IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH CONTENT.
6. LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED UNDER
THE APPLICABLE LAW, INTEL SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM THE USE OR INABILITY TO USE THE FORUM OR FOR
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE
FORUM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF SOFTWARE OR DATA OR OTHER INTANGIBLE PROPERTIES, EVEN IF
INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE DISCLAIMERS OF LIABILITY CONTAINED
IN THIS SECTION 6 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, DESTRUCTION OF RECORDS
WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT HES IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER FORUM/CHAT ROOM USERS
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
7. INDEMNIFICATION.
You agree to defend, indemnify
and hold harmless HES and its officers, employees and agents
from and against all claims and expenses, including attorneys'
fees, arising out of Your use of the Forum/Chat Room.
8. YOUR USERS:
In cases where You have allowed
any other individual to access the Forum/Chat Room through
Your password or have negligently made Your password publicly
available, You recognize that You are fully responsible for: (i)
the online conduct of such users; (ii) controlling the users'
access to and use of the Forum/Chat Room; and (iii) the
consequences of any misuse.
9. GENERAL.
a. HES may terminate the
Forum/Chat Room at any time.
b. HES may alter the terms of
this Agreement at any time. Please refer to this Agreement
from time to time for any updates HES may make to this
Agreement.
c. Violation of these rules
may result in the removal of Content submitted by you to the
Forum/Chat Room.
d. This Agreement shall be
governed by and construed in accordance with the laws of the
state of Texas, excluding its conflict of law
provisions, and You agree to submit to the personal
jurisdiction of the courts of the state of Texas for
any cause or action arising out of this Agreement. The
prevailing party in any action arising out of this Agreement
shall be entitled to recover all reasonable costs, including
attorney's fees. In the event that any portion of this
Agreement is deemed by a court to be invalid, the remaining
provisions shall remain in full force and effect.
e. This Agreement constitutes
the entire agreement of the parties with respect to the
subject matter hereof, and supersede all previous written or
oral agreements between the parties with respect to such
subject matter. This Agreement shall be construed in
accordance with the laws of the State of Texas, without
regard to its conflict of laws rules. No waiver by either
party of any breach or default hereunder shall be deemed to
be a waiver of any preceding or subsequent breach or
default. The section headings used herein are for
convenience only and shall not be given any legal import.
10. COLLECTION OF EMAIL ADDRESS.
In general, when you visit our
web sites and access information you remain anonymous. Before we
ask you for information, we will explain how this information
will be used. We will not provide any of your personal
information to other companies or individuals without your
permission.
Some of our sites require
registration to access, although typically all that's requested
is an e-mail address and some basic information about you, such
as job function. We do this to be able to better understand your
needs, and provide you with services that we believe may be
valuable to you. Registration and collection of email addresses
may be used for future support services and authentication of a
user.
We hope you will enjoy using the
Forums/Chat Room as an area to exchange information, tips, and
techniques regarding Compass products and web site.
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