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1. VISITOR'S AGREEMENT AND RULES OF CONDUCT FOR the RemoteMethods Web Site
Use and participation in RemoteMethods' Web site is contingent upon your acceptance of the following terms and rules. By using our Web site, you accept these terms. In addition, your continued use of our Web sites after a change has been made to the policies of our Web site implies your assent to those changes.
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2. RULES OF CONDUCT
RemoteMethods is not responsible for any material posted on our message boards, reviews system or other forums.
a. You shall not post or transmit through RemoteMethods' Web sites any defamatory, threatening, obscene, harmful, pornographic or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation. RemoteMethods will fully cooperate with any law enforcement authorities or court order requesting or directing RemoteMethods to disclose the identity of anyone posting any such emails or materials. Further, you shall not post or transmit through RemoteMethods any material which advertises or otherwise solicits funds or is a solicitation for goods or services.
b. You shall not upload, post, or otherwise make available on RemoteMethods Web sites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary interest.
c. You shall not upload, post or transmit through RemoteMethods' Web sites any advertisements, chain letters, pyramid schemes, or spamming of the same message to multiple boards.
d. By posting messages, uploading files, inputting data, or engaging in any other form of communication through RemoteMethods' Web sites (said messages, files, data or communications being collectively referred to as "Your Information"), you (i) knowingly and voluntarily authorize RemoteMethods to utilize Your Information, royalty-free, in any manner it sees fit, for eternity, and to the fullest extent permitted by applicable law ("Our Use Permission"), (ii) acknowledge that Our Use Permission is free from any and all of your proprietary rights in Your Information, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction (iii) release and hold RemoteMethods harmless from any and all claims or liability (now known or hereafter arising) in connection with Our Use Permission of Your Information, and you agree to indemnify RemoteMethods in connection therewith pursuant to the terms of Paragraph 3 below, and (iv) agree and acknowledge that your participation in RemoteMethods' Web sites shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between you and RemoteMethods (other than the contractual relationship entered into between you and RemoteMethods by virtue of your agreement to the Terms and Conditions of Use).
3. VISITOR'S INDEMNIFICATION / OBLIGATIONS
a. In consideration for your use of and access to RemoteMethods Web site, you agree that in no event will RemoteMethods, its affiliated or related entities, its content providers or any other party involved in creating, producing or delivering this Web site or any site linked to or from this Web site, be responsible or liable to you or entity in any manner whatsoever (including, but not limited to, persons who may use or rely on such data or materials or to whom such data and materials are furnished) for any loss, damage (whether actual, consequential or punitive), injury, claim, liability, or other cause of any kind or character whatsoever based upon or resulting from any information provided in RemoteMethods' web site, or arising from any decision made or action or non-action taken by you or any other person in reliance upon the information provided through RemoteMethods Web sites, even if you advise RemoteMethods of the possibility of any claims or damages.
b. You, as a visitor and/or user of RemoteMethods' Web site, agree to defend, indemnify, and hold harmless RemoteMethods, its parents, subsidiaries, and affiliated companies and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys' fees) arising out of your use of the RemoteMethods Web site, or arising out of any violation of laws or these Rules of Conduct committed by you, including, without limitation, any communication by you which is claimed to be defamatory, obscene or otherwise unlawful, or which is claimed to violate the copyright, trademark, proprietary or other rights of third parties, or which constitutes a submission of materials.
RemoteMethods shall have the right to immediately terminate your use of the RemoteMethods Web site if RemoteMethods determines, in its sole discretion, that you have violated the Rules of Conduct set forth above in Paragraph 2 or otherwise breached this agreement, or have engaged in conduct which RemoteMethods determines, in its sole discretion, to be unacceptable. While RemoteMethods recognizes that its message boards and review system may be regarded as a public forum, it is not applicable under the First Amendment as a venue of free speech. RemoteMethods reserves the right to remove any postings to our message boards at our sole discretion.
REMOTEMETHODS HAS MADE AND WILL CONTINUE TO MAKE EFFORTS TO INCLUDE ACCURATE AND CURRENT INFORMATION ON THIS WEB SITE. HOWEVER, THE MATERIALS IN THE REMOTEMETHODS' WEB SITE ARE PROVIDED "AS IS" AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REMOTEMETHODS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REMOTEMETHODS DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE WEB SITE. REMOTEMETHODS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT REMOTEMETHODS' WEB SITES OR SERVER THAT MAKES SUCH SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REMOTEMETHODS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE MATERIALS ON REMOTEMETHODS' WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR OTHERWISE. NONE OF THE INFORMATION CONTAINED IN THIS WEB SITE SHALL BE CONSTRUED AS AN INDICATION OF REMOTEMETHODS' VIEWS, OPINIONS OR RECOMMENDATION, OR ENDORSEMENT THEREOF. EXCEPT AS SPECIFICALLY STATED OTHERWISE, REMOTEMETHODS DOES NOT ENDORSE, OPERATE, CONTROL OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION OR SERVICES ON THE WEB SITE, IN ANY WAY.
YOU ASSUME THE SOLE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. This agreement shall be construed in accordance with the laws of the State of Pennsylvania, and the parties consent to the jurisdiction of the courts in the Eastern District of Pennsylvaina, County of Northampton, without regard to its conflict of laws.
If any term or provision of this agreement is held to be invalid, illegal or unenforceable, the remaining portions of this agreement shall continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid, illegal or unenforceable term or provision will be amended and limited in accordance with the intent of the parties, as determined from the face of this agreement, to the extent necessary to permit the maximum enforceability and/or validation of such term or provision.
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