Terms of Service
(Last Updated August 7, 2011)
PLEASE READ THESE TERMS OF SERVICE OF USE CAREFULLY BEFORE USING THIS SITE. By accessing and using this Web site at www.NETWORKETIQUETTE.NET (the "Site"), you explicitly agree to comply with and be bound by the following TERMS OF SERVICE (the "Terms of Service"). I, David Chiles, reserve the right to change or modify these Terms of Service or any policy or guideline of the Site, at any time and at my sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these TERMS OF SERVICE periodically and check the version date for changes.
Copyright And License
All copyrighted and copyrightable materials on this Site, including, without limitation, articles and other editorial content, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information ("Materials") thereof are my, David Chiles, proprietary property protected under United States copyright laws and international treaties. They may not be duplicated or distributed without written permission from me, David Chiles, who reserves all rights. Non-profit organizations may reproduce and distribute articles free of charge. Distribution must be for non-commercial, educational purposes only. If you want to distribute NetworkEtiquette.net content in a for-profit endeavor contact me, David Chiles, about a licensing agreement. E-mail a description of your desired use and number of users.
Third Party Advertising and Business Dealings
I, David Chiles, may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. I, David Chiles, am not responsible for and do not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser. I am not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Site. If you have a dispute with one or more advertisers or other third parties, you release me, David Chiles, from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Links To Other Sites
The Services contain links to third-party Web sites. These third-party sites are not under the control of me, David Chiles. I am providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by me of the site or any information contained therein. David Chiles is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Site, you should be aware that my terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
You agree to defend, indemnify, and hold me, David Chiles, harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site or your use of the Site and the Service, including, without limitation, any actual or threatened suit, demand, or claim made against me, David Chiles, arising out of or relating to the User Content, your conduct, your violation of these Terms of Service, or your violation of the rights of any third party.
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. I DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. I AM NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
Limitation Of Liability
IN NO EVENT SHALL I, DAVID CHILES, AFFILIATES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Disclaimer of Responsibility for Third Party Content
I, David Chiles, may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. I, David Chiles, do not monitor or have any control over any Third Party Content or third party Web sites. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not David Chiles. In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. I David Chiles do not endorse or adopt any Third Party Content, and am not responsible for and do not guarantee the accuracy, completeness or reliability of any Third Party Content or any opinion, advice or statement made on the site by any third party. Users use such Third Party Content contained therein at their own risk.
Choice Of Law, Waiver, And Claims
These Terms of Service shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. My, David Chiles, failure to exercise or enforce any right or provision of the Terms of Service will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any controversy or claim arising out of or relating to these Terms of Service or the Services may be be settled by binding arbitration at the sole discretion of David Chiles in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Seattle, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either David Chiles or you may seek any interim or preliminary relief from a court of competent jurisdiction in Seattle, Washington, as necessary to protect the rights or property of you or David Chiles. Copyright © 2011 David Chiles, NetworkEtiquette.net All rights reserved.