Terms of Use
BayAreaWJ.com Website Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE.
These “Terms of Use” set forth the terms and conditions that apply to your use of BayAreaWJ.com (the “Web Site” or “Site”). By using the Web Site you indicate your agreement to comply with all of the Terms of Use set forth herein. The Site Terms of Use may change without notice, and your continued use of the Site automatically means that you accept those changes. If you do not accept the terms and conditions, please do not use the Site. The right to use the Web Site is personal to you and is not transferable to any other person or entity.
1. If you are a United States resident, you must be over 18 years old to use this site. If you are considered a minor in your country of residence, you shall not use this site. Access to the Content may not be legal by certain persons or in certain countries. When you use this Site, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
2. Content includes all pages of the Web Site including personal commentaries, articles submitted by the general public for inclusion on the Site, researched material, and sponsored articles as well as information posted by Site Visitors to discussion forums and the like.
3. Any violations of the Terms of Use will not be tolerated and will warrant any and all legal consequences as stated on the Terms of Use or provided by applicable law.
4. BayAreaWJ.com may alter, suspend, or discontinue this Site at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
5. There may be delays, omissions, or inaccuracies in information contained in this Web Site. The information on this Site is provided with the understanding that the providing of such information does not constitute the rendering of legal, accounting, tax, career, medical or other professional advice or services. Information on this Web Site should not be relied upon or used as a substitute for consultation with professional advisors.
6. By using this Web Site, you agree to indemnify, hold harmless and defend the owner(s) and operator(s) of BayAreaWJ.com from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that alleges injury, damage or harm in whole or in part arising from the provision by you of information from, or claimed to be from, this Site, or that in any way arises from your use of this Site or information provided by this Site in violation of these terms.
COPYRIGHT AND TRADEMARK INFORMATION
7. This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, graphics, music, sounds, trademarks, trade names, service marks and logos (collectively, the “Content”), is the property of BayAreaWJ.com and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the site are owned by third parties.
8. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of the owner(s) or operator(s) of BayAreaWJ.com or such third party that may own the trademark or copyright of material displayed on this Site without written permission. To seek permission to republish any content please contact us here.
9. Further, none of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form of by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold, or redistributed without the prior written consent of BayAreaWJ.com and its Content Authors. Violations will be prosecuted to the fullest extent under the applicable law.
10. Subject to your full compliance with these terms visitors to this Web Site are authorized to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified. If additional rights are sought it is necessary to first contact us here.
UNSOLICITED MATERIALS
11. BayAreaWJ.com does not solicit nor does it wish to receive any confidential, proprietary information of other material from you through the Web Site or BayAreaWJ.com mail or e-mail addresses. Any information or material submitted to BayAreaWJ.com will be deemed NOT to be confidential or secret. By submitting or sending information or other material to BayAreaWJ.com, you represent and warrant that the information is original to you and that no other party has any rights to the material.
USER’S GRANT OF LIMITED LICENSE
12. By communication with BayAreaWJ.com, including submitting or sending Content, a Contribution of other information, remarks, suggestions, blog comments or other material to the Web Site, you grant or warrant that the owner has expressly granted and you can re-grant BayAreaWJ.com the royalty free, paid-up, unrestricted world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify and adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. They are submitted without any restrictions or expectations of confidentiality.
13. You will remain responsible for the accuracy, copyright compliance, legality or other communication to BayAreaWJ.com. BayAreaWJ.com shall have no financial or other obligations to you when you submit such information.
LINKS TO THIRD-PARTY WEB SITE
14. BayAreaWJ.com may provide hyperlinks to third-party web sites as a convenience to users of the Web Site. BayAreaWJ.com does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. BayAreaWJ.com does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. BayAreaWJ.com will have no liability to any entity for the content or use of the content available through such hyperlink.
THIRD PARTY SERVICES
15. You may order services or merchandise through Web Site. All matters concerning the service or merchandise desired from Seller, including but not limited to purchase terms, payment terms, warranties, guaranties, maintenance and delivery, are solely between you and Seller.
16. BayAreaWJ.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider BayAreaWJ.com nor will BayAreaWJ.com be construed as a party to such transactions, whether or not BayAreaWJ.com may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
NO REPRESENTATIONS or WARRANTIES; LIMITATIONS on LIABILITY
17. The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. BayAreaWJ.com MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.
ENFORCEMENT OF TERMS AND CONDITIONS
18. These Terms are governed and interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law.
19. All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in our state and county by the Community Dispute Resolution Service or any recognized Arbitration Board before instituting litigation.
20. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, BayAreaWJ.com shall be entitled to seek injunctive relief, security, or other equitable remedies from any other court of competent jurisdiction.
21. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. BayAreaWJ.com may, at their sole discretion and without notice, revise these terms at any time by updating this posting.
ENTIRE AGREEMENT
22. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by BayAreaWJ.com, as described above.
updated: Nov. 2011
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