Welcome to
our Web site. By using our site, you are agreeing to comply with and be bound
by the following terms of use. Please review the following terms carefully. If
you do not agree to these terms, you should not use this site. The term
“takeoffdepot.com” “us” or “our” refers to takeoffdepot.com, Inc., the legal
name of the owner of the Web site. The term “you” refers to the user or viewer
of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions
outlined in this Terms of Use Agreement (“Agreement”) with respect to our site
(the “Site”). This Agreement constitutes the entire and only agreement between
us and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time by us from
time to time without specific notice to you. The latest Agreement will be
posted on the Site, and you should review this Agreement prior to using the
Site.
2. Copyright.
The content, organization, graphics,
design, compilation, magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights, trademarks and
other proprietary (including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of any such matters or
any part of the Site, except as allowed by Section 4 below, is strictly
prohibited. You do not acquire ownership rights to any content, document or
other materials viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any right in such
information and materials. Some of the content on the site is the copyrighted
work of third parties.
3. Service Marks.
“takeoffdepot.com” and others are our
service marks or registered service marks or trademarks. Other product and
company names mentioned on the Site may be trademarks of their respective
owners.
4. Limited License; Permitted
Uses.
You are granted a non-exclusive,
non-transferable, revocable license (a) to access and use the Site strictly in
accordance with this Agreement; (b) to use the Site solely for internal,
personal, non-commercial purposes; and (c) to print out discrete information
from the Site solely for internal, personal, non-commercial purposes and
provided that you maintain all copyright and other policies contained therein.
No print out or electronic version of any part of the Site or its contents may
be used by you in any litigation or arbitration matter whatsoever under any
circumstances.
5. Restrictions and Prohibitions
on Use.
Your license for access and use of the
Site and any information, materials or documents (collectively defined as
“Content and Materials”) therein are subject to the following restrictions and
prohibitions on use: You may not (a) copy, print (except for the express
limited purpose permitted by Section 4 above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make available in any form or by
any means all or any portion of the Site or any Content and Materials retrieved
from it; (b) use the Site or any materials obtained from the Site to develop,
of as a component of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or derivative works of any
Content and Materials from the Site; (d) use any Content and Materials from the
Site in any manner that may infringe any copyright, intellectual property
right, proprietary right, or property right of us or any third parties; (e)
remove, change or obscure any copyright notice or other proprietary notice or
terms of use contained in the Site; (f) make any portion of the Site available
through any timesharing system, service bureau, the Internet or any other
technology now existing or developed in the future; (g) remove, decompile,
disassemble or reverse engineer any Site software or use any network monitoring
or discovery software to determine the Site architecture; (h) use any automatic
or manual process to harvest information from the Site; (i) use the Site for
the purpose of gathering information for or transmitting (1) unsolicited
commercial email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and (3) unsolicited
telephone calls or facsimile transmissions; (j) use the Site in a manner that
violates any state or federal law regulating email, facsimile transmissions or
telephone solicitations; and (k) export or re-export the Site or any portion
thereof, or any software available on or through the Site, in violation of the
export control laws or regulations of the United States.
6. Forms, Agreements &
Documents.
We may make available through the Site or
through other Web sites sample and actual forms, checklists, business documents
and legal documents (collectively, “Documents”). All Documents are provided on
a non-exclusive license basis only for your personal one-time use for
non-commercial purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license. Documents are provided for a
charge and without any representations or warranties, express or implied, as to
their suitability, legal effect, completeness, correctness, accuracy, and/or
appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH
“ALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular
circumstances. Furthermore, state laws may require different or additional
provisions to ensure the desired result. You should consult with legal counsel
to determine the appropriate legal or business documents necessary for your
particular transactions, as the Documents are only samples and may not be
applicable to a particular situation. Some Documents are public domain forms or
available from public records.
7. No Legal Advice or
Attorney-Client Relationship.
Information contained on or made available
through the Site is not intended to and does not constitute legal advice,
recommendations, mediation or counseling under any circumstance and no
attorney-client relationship is formed. We do not warrant or guarantee the
accurateness, completeness, adequacy or currency of the information contained
in or linked to the Site. Your use of information on the Site or materials
linked to the Site is entirely at your own risk. We are not a law firm and the
Site is not a lawyer referral service.
8. Linking to the Site.
You may provide links to the Site,
provided (a) that you do not remove or obscure, by framing or otherwise,
advertisements, the copyright notice, or other notices on the Site, (b) your
site does not engage in illegal or pornographic activities, and (c) you
discontinue providing links to the Site immediately upon request by us.
9. Advertisers.
The Site may contain advertising and
sponsorships. Advertisers and sponsors are responsible for ensuring that
material submitted for inclusion on the Site is accurate and complies with
applicable laws. We are not responsible for the illegality or any error,
inaccuracy or problem in the advertiser's or sponsor's materials.
10. Registration/Purchase.
Certain sections of, or offerings from,
the Site may require you to register. If registration is requested, you agree
to provide us with accurate, complete registration and/or purchase information.
Your registration must be done using accurate information. Each registration is
for your personal use only. We do not permit (a) any other person using the
registered sections under your name; or (b) access through a single name being
made available to multiple users on a network. You are responsible for
preventing such unauthorized use.
11. Errors, Corrections and
Changes.
We do not represent or warrant that the
Site will be error-free, free of viruses or other harmful components, or that
defects will be corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features, functionality or content of the
Site at any time. We reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site
or may be accessible via links from the Site. We are not responsible for and
assume no liability for any mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography or profanity in the statements,
opinions, representations or any other form of content on the Site. You
understand that the information and opinions in the third party content
represent solely the thoughts of the author and is neither endorsed by nor does
it necessarily reflect our belief.
Certain Content. Certain of the content on this site is copyrighted
by external experts, contributors and bloggers, or other third parties. This
content is provided “as is” without warranty of any kind. Neither we, nor any
data suppliers make any warranty whatsoever as to the accuracy or completeness
of the content or the results to be obtained from using the information
contained therein and neither we nor any data suppliers will be responsible for
any claims attributable to errors, omissions, or other inaccuracies in the
information contained in the content. The entire risk for the results and
performance of the content is assumed by the user. Further, neither we nor any
of our data suppliers make any representations or warranties, either express or
implied, with respect to the content, including, but not limited to, the
quality, performance, merchantability or fitness for a particular purpose of
the content or any information contained therein. In no event will we or any
data suppliers be liable for direct, indirect, special, incidental, or
consequential damages arising out of the use of or inability to use the content
or for any loss or damage of any nature caused to any person as a result of
that use.
Material contained in the content may not
be duplicated or redistributed without the prior written consent of us and the
copyright holder, except that one print copy of search output is permitted for
use within the user’s organization and that search output may be stored
temporarily in electronic media for editing or reformatting and subsequent
printing of one print copy of search output for internal use.
Advertising and sponsored links found on
content pages from third party providers are not provided by those content
providers and are not endorsements.
13. Unlawful Activity.
We reserve the right to investigate
complaints or reported violations of this Agreement and to take any action we
deem appropriate, including but not limited to reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, posted materials, IP
addresses and traffic information.
14. Indemnification.
You agree to indemnify, defend and hold us
and our partners, agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information and documents,
advertisers, product and service providers, and affiliates (collectively,
“Affiliated Parties”) harmless from any liability, loss, claim and expense
related to your violation of this Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not
transferable or assignable. Any password or right given to you to obtain
information or documents is not transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS
FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL
FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT
NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS
PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE
AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF
DAMAGES SET
ALL RESPONSIBILITY OR LIABILITY FOR ANY
DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A
FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability.
(a) We and any Affiliated Party shall not
be liable for any loss, injury, claim, liability, or damage of any kind
resulting in any way from (1) any errors in or omissions from the Site or any
services or products obtainable there from, (2) the unavailability or
interruption of the Site or any features thereof, (3) your use of the Site, (4)
the content contained on the Site, or (5) any delay or failure in performance
beyond the control of a Covered Party.
(b)(1) THE AGGREGATE LIABILITY OF US AND
THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING
TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED
HEREIN OR HEREBY SHALL NOT EXCEED THE ACTUAL AMOUNT PAID AND THAT AMOUNT SHALL
BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY
AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize
us, to the use and assignment of all information regarding Site uses by you and
all information provided by you in any manner consistent with our Privacy
Policy. All remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a “Submission”) will forever be our
property. We will not be required to treat any Submission as confidential, and
will not be liable for any ideas (including without limitation, product,
service or advertising ideas) and will not incur any liability as a result of
any similarities that may appear in our future products, services or
operations. Without limitation, we will have exclusive ownership of all present
and future existing rights to the Submission of every kind and nature
everywhere. We will be entitled to use the Submission for any commercial or
other purpose whatsoever, without compensation to you or any other person
sending the Submission. You acknowledge that you are responsible for whatever
material you submit, and you, not us, have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and
copyright.
