TERMS AND
CONDITIONS
We have taken every effort to design our Web site to be useful,
informative, helpful, honest and fun. Hopefully we’ve
accomplished that — and would ask that you let us know if you’d
like to see improvements or changes that would make it even
easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms
and Conditions. Take a few minutes to look them over because by
using our site you automatically agree to them. Naturally, if
you don’t agree, please do not use the site. We reserve the
right to make any modifications that we deem necessary at any
time. Please continue to check these terms to see what those
changes may be! Your continued use of the Things-About.com Web
site means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the Things-About.com site,
including, without limitation, text, software, names, logos,
trademarks, service marks, trade names, images, photos,
illustrations, audio clips, video clips, and music are
copyrighted intellectual property. All usage rights are owned
and controlled by Things-About.com. You, the visitor, may
download Online Materials for non-commercial, personal use only
provided you 1) retain all copyright, trademark and propriety
notices, 2) you make no modifications to the materials, 3) you
do not use the materials in a manner that suggests an
association with any of our products, services, events or
brands, and 4) you do not download quantities of materials to a
database, server, or personal computer for reuse for commercial
purposes. You may not, however, copy, reproduce, republish,
upload, post, transmit or distribute Online Materials in any
way or for any other purpose unless you get our written
permission first. Neither may you add, delete, distort or
misrepresent any content on the Things-About.com site. Any
attempts to modify any Online Material, or to defeat or
circumvent our security features is prohibited.
Everything you download, any software, plus all files, all
images incorporated in or generated by the software, and all
data accompanying it, is considered licensed to you by
Things-About.com or third-party licensors for your personal,
non-commercial home use only. We do not transfer title of the
software to you. That means that we retain full and complete
title to the software and to all of the associated
intellectual-property rights. You’re not allowed to
redistribute or sell the material or to reverse-engineer,
disassemble or otherwise convert it to any other form that
people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or
other information that you send to Things-About.com through our
site (other than information we promise to protect under our
privacy policy becomes and remains our property, even if this
agreement is later terminated.
That means that we don’t have to treat any such submission
as confidential. You can’t sue us for using ideas you submit.
If we use them, or anything like them, we don’t have to pay you
or anyone else for them. We will have the exclusive ownership
of all present and future rights to submissions of any kind. We
can use them for any purpose we deem appropriate to our
Things-About.com mission, without compensating you or anyone
else for them.
You acknowledge that you are responsible for any submission
you make. This means that you (and not we) have full
responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
Limitation of Liability
Things-About.com WILL NOT BE LIABLE FOR ANY DAMAGES OR
INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS
SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY
CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK
FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR
DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES,
INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR
INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY
(KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY
FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL
DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR
EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL"
DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE
LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU
MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES,
DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER
THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR
CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT,
OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE
GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR
SITE.
Links to Other Site
We sometimes provide referrals to and links to other World
Wide Web sites from our site. Such a link should not be seen as
an endorsement, approval or agreement with any information or
resources offered at sites you can access through our site. If
in doubt, always check the Uniform Resource Locator (URL)
address provided in your WWW browser to see if you are still in
a Things-About.com-operated site or have moved to another site.
Things-About.com is not responsible for the content or
practices of third party sites that may be linked to our site.
When Things-About.com provides links or references to other Web
sites, no inference or assumption should be made and no
representation should be inferred that Things-About.com is
connected with, operates or controls these Web sites. Any
approved link must not represent in any way, either explicitly
or by implication, that you have received the endorsement,
sponsorship or support of any Things-About.com site or
endorsement, sponsorship or support of Things-About.com,
including its respective employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either
party. You may terminate this agreement at any time, by
destroying all materials obtained from all Things-About.com Web
site, along with all related documentation and all copies and
installations. Things-About.com may terminate this agreement at
any time and without notice to you, if, in its sole judgment,
you breach any term or condition of this agreement. Upon
termination, you must destroy all materials. In addition, by
providing material on our Web site, we do not in any way
promise that the materials will remain available to you. And
Things-About.com is entitled to terminate all or any part of
any of its Web site without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United
States, you are responsible for compliance with any applicable
local laws.
These Terms of Use shall be governed by, construed and
enforced in accordance with the laws of the Texas, as it is
applied to agreements entered into and to be performed entirely
within such jurisdiction.
To the extent you have in any manner violated or threatened
to violate Things-About.com and/or its affiliates' intellectual
property rights, Things-About.com and/or its affiliates may
seek injunctive or other appropriate relief in any state or
federal court in the State of Texas, and you consent to
exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first
try to resolve it with the help of a mutually agreed-upon
mediator in the following location: Clarendon, Texas. Any costs
and fees other than attorney fees associated with the mediation
will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to
binding arbitration at the following location: Clarendon,Texas,
under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
Things-About.com may modify these Terms of Use, and the
agreement they create, at any time, simply by updating this
posting and without notice to you. This is the ENTIRE agreement
regarding all the matters that have been discussed.
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