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The Bobs Fire Web Site (the "Site") is an online information
service provided by
Agape Marketing ("Bobs Fire "), subject to your compliance with
the terms and conditions
set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. Bobs Fire MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark
laws. The owner of the copyrights and trademarks are Bobs Fire, its
affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL
ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may
print and download portions of material from the different areas of the
Site solely for your
own non-commercial use provided that you agree not to change or delete any
copyright
or proprietary notices from the materials. You agree to grant to Bobs Fire
a
non-exclusive, royalty-free, worldwide, perpetual license, with the right
to sub-license, to
reproduce, distribute, transmit, create derivative works of, publicly
display and publicly
perform any materials and other information (including, without
limitation, ideas contained
therein for new or improved products and services) you submit to any
public areas of the
Site (such as bulletin boards, forums and newsgroups) or by e-mail to Bobs
Fire by all
means and in any media now known or hereafter developed. You also grant to
Bobs Fire
the right to use your name in connection with the submitted materials and
other
information as well as in connection with all advertising, marketing and
promotional
material related thereto. You agree that you shall have no recourse
against Bobs Fire for
any alleged or actual infringement or misappropriation of any proprietary
right in your
communications to Bobs Fire.
TrafficServer 1.01 TRADEMARKS.
Publications, products, content or services referenced herein or on the
Site are the
exclusive trademarks or servicemarks of Bobs Fire. Other product and
company names
mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as
being supplied by Bobs Fire, Bobs Firedoes not operate, control or endorse
any
information, products or services on the Internet in any way. Except for
Bobs Fire-
identified information, products or services, all information, products
and services offered
through the Site or on the Internet generally are offered by third
parties, that are not
affiliated with Bobs Fire a. You also understand that Bobs Fire cannot and
does not
guarantee or warrant that files available for downloading through the Site
will be free of
infection or viruses, worms, Trojan horses or other code that manifest
contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and
checkpoints to satisfy your particular requirements for accuracy of data
input and output,
and for maintaining a means external to the Site for the reconstruction of
any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. Bobs Fire PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND Bobs Fire SHALL NOT BE LIABLE FOR
ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY
SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. Bobs Fire DOES NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT
YOUR RISK. Bobs Fire HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Bobs Fire BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Bobs
Fire OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Bobs Fire LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Bobs Fire makes no representations whatsoever about any other web site
which you
may access through this one or which may link to this Site. When you
access a non-Bobs
Fire web site, please understand that it is independent from Bobs Fire,
and that Bobs
Fire has no control over the content on that web site. In addition, a link
to a Bobs Fire web
site does not mean that Bobs Fire endorses or accepts any responsibility
for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Bobs Fire, its officers,
directors,
employees, agents, licensors, suppliers and any third party information
providers to the
Service from and against all losses, expenses, damages and costs,
including reasonable
attorneys' fees, resulting from any violation of this Agreement (including
negligent or
wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for
the benefit of Bobs Fire and its officers, directors, employees, agents,
licensors,
suppliers, and any third party information providers to the Service. Each
of these
individuals or entities shall have the right to assert and enforce those
provisions directly
against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any
time for any
reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2
(Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous)
shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the
laws of
The United States of America applicable to agreements made and to be
performed in
The United States of America. You agree that any legal action or
proceeding between
Bobs Fire and you for any purpose concerning this Agreement or the
parties' obligations
hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction
sitting in The United States of America . Any cause of action or claim you
may have with
respect to the Service must be commenced within one (1) year after the
claim or cause
of action arises or such claim or cause of action is barred. Bobs Fire's
failure to insist
upon or enforce strict performance of any provision of this Agreement
shall not be
construed as a waiver of any provision or right. Neither the course of
conduct between
the parties nor trade practice shall act to modify any provision of this
Agreement. Bobs
Fire may assign its rights and duties under this Agreement to any party at
any time without
notice to you.
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