PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT
AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
General
This site is owned and operated by Tangella Corporation,
a California Corporation.Tangella Corporation
has the right at any time to change or discontinue
any aspect or feature of the site, including,
without limitation, the content, fees, hours
of availability, and equipment needed for access
or use of the site.
Equipment
You shall be responsible for obtaining and maintaining
all telephone, computer hardware and any other equipment needed for
access to and use of the site and all charges related thereto.
Restrictions on Use
You shall use the site for lawful purposes only.
You shall not post or transmit through the site any material which
violates or infringes in any way upon the rights of others, which
is unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offense,
gives rise to civil liability or otherwise violate any law. Without
Tangella Corporation's express prior approval, you shall not post or
transmit through the site any material which contains advertising
or any solicitation with respect to products or services. You shall
not use the site to advertise or perform any commercial solicitation,
including, without limitation, the solicitation of users to become
subscribers of other on-line information services competitive with
the site. Any conduct by you that in Tangella Corporation' discretion
restricts or inhibits any other user from using or enjoying the site
will not be permitted. The site contains copyrighted material, trademarks
and other proprietary information, including, without limitation,
text, software, photos, video, graphics, music and sound, and the
contents of the site are copyrighted under the United States copyright
laws. You may not modify, publish, transmit, display, participate
in the transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will
be permitted without the express written permission of Lighthouse
Infomatics and the copyright owner. In the event of any permitted
copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or
copyright notice shall be made and no ownership rights shall be transferred.
You shall not e-mail, upload, post or otherwise make available on
the site any material protected by the copyright,
trademark, or other proprietary right without
the express permission of the owner of the copyright,
trademark, or other proprietary right and the
burden of determining that any material is not
protected by copyright rests with you. You shall
be solely liable for any damage resulting from
any infringement of copyrights, proprietary rights,
or any other harm resulting from such a submission.
Subject to Tangella Corporation' policies regarding
privacy, any e-mails, notes, message/billboard/forum
postings, ideas, suggestions, concepts or other
material submitted will be treated as non-confidential
and non-proprietary and will become the property
of Tangella Corporation. By submitting material
to Lighthouse Infomatics, you automatically grant,
or warrant that the owner of such material has
expressly granted Tangella Corporation the royalty-free,
worldwide, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify,
adapt, publish, display, translate and distribute
such material (in whole or in part) and/or to
incorporate it in other works in any form, media
or technology now known or hereafter developed.
You also permit any other user of the site to
access, view, store or reproduce the material
for that user's personal use. By submitting information
to North Trinity Lake Online, you grant Tangella
Corporation the right to edit, copy, display,
publish and distribute such information, subject
to the provisions of the North
Trinity Lake Online Privacy Policy
The foregoing provisions of the "Restrictions
on Use" are for the benefit of Tangella Corporation, its management,
subsidiaries, affiliates and its third party content providers and
licensors and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
Disclaimer of Warranty; Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT
YOUR SOLE RISK. NEITHER Tangella Corporation, ITS OWNERSHIP, AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED
THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION,
SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF
THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR
(INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT
AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY
ACKNOWLEDGE THAT Tangella Corporation IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER
WHICH IT HAS NO CONTROL. TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
IN NO EVENT SHALL Tangella Corporation'S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING
STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT
BE DISCLAIMED.
Monitoring
Tangella Corporation shall have the right in its
sole discretion to refuse to post or remove any material submitted
to or posted on the site. Without limiting the foregoing, YubaSutter
Online shall have the right to remove or not display any material
that Tangella Corporation, in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable, unacceptable
or non-applicable.
Indemnification
You agree to defend, indemnify and hold harmless
Tangella Corporation and its ownership, affiliates
and their respective directors, officers, employees and agents from
and against any and all claims, actions, demands, damages, costs,
liabilities, losses and expenses (including reasonable attorneys'
fees) arising out of your use of the site.
Trademarks
Tangella Corporation and
its logo are trademarks of Tangella Corporation. All rights
reserved. All other trademarks appearing on the site are the property
of their respective owners.
Third Party Content
Tangella Corporation is not a publisher of content
supplied by third parties and users of the site. 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 of Tangella Corporation. In many instances, the content available
through the site represents the opinions and judgments of the respective
information provider or user. Tangella Corporation neither endorses nor
is responsible for the accuracy or reliability of any opinion, advice
or statement made on the site by anyone other than authorized YubaSutter
Online employee spokespersons while acting in their official capacities.
The North Trinity Lake Online website incorporates
links to many other websites. North Trinity Lake Online and Tangella
Corporation do not in any way endorse, nor are they responsible
for, the availability of and/or the content on those other websites.
Viruses or Worms
North Trinity Lake Online and Tangella Corporation also
assume no responsibility, and shall not be liable for, any damages
to, or viruses/worms that may infect, your computer equipment or other
property on account of your access to, use of, or browsing in the
site or your downloading of any materials, data, text, images, email,
video, or audio from the Site.
Change of Terms
Tangella Corporation has the right at any time to
change or modify the terms and conditions applicable to use of the
site, or any part thereof, or to impose new conditions, including,
without limitation, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by any means including, without
limitation, posting on the site, or by electronic or conventional
mail, or by any other means. Any use of the site by you after such
notice shall be deemed to constitute acceptance of such changes, modifications,
additions or deletions.
Miscellaneous
These terms of use constitute 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. These terms of use shall be construed in accordance
with the laws of the State of California, without regard to its conflict
of laws rules. You hereby consent to the personal jurisdiction of
the State of California, acknowledge that venue is proper in any state
or Federal court in the State of California, agree that any action
related to these terms of use must be brought in a state or Federal
court in the State of California, and waive any objection that may
exist, now or in the future, with respect to any of the foregoing.
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.