Wow! You actually came to this page. Our lawyers made us include it
and made us use a precious link on our home page to get you here. At
first, we thought the lawyers were a real pain. But then we read the
page. What a Netwakening! It's really important stuff. We took the
legalese the lawyers wrote and translated it into readable English. So
be a smart nethead and read the stuff on this page.
Here's the deal:
We run this site so that people like you (and people you like) can
use it for personal entertainment, information, education,
communication, and cybergratification. So go ahead and browse around
all you like. You can even download stuff from the site but only for
your own personal use. If you do, though, don't fool around
with the copyright and other notices all over the stuff. They're there
for a really good reason. And don't even think about distributing,
modifying, transmitting, reusing, re-posting, or anything else uncool
with any of the stuff, including the text, images, audio, and video,
for public or commercial purposes unless we give you written
permission. And it's not likely we will.
If you visit our site, you're also legally obligated to [read:
stuck with] the terms and conditions listed below and any other law or
regulation that applies to the site, the Internet, the World Wide Web,
or Rhode Island, USA. You shouldn't access or browse the site if you
have any problem with that, because once you start, there's no turning
back -- you are bound by [read: stuck with] the terms and conditions.
So here's the scoop on our Top Ten Rules for Cybersurfers who hang
out on our site:
1. For everyone's sake, just assume that everything on the
site is copyrighted unless we say it's not. So you can't use the stuff
except how we say you can on this page or anywhere else on the site
without our written permission. And like we said before, it's not
likely we'll give you permission anyway. In fact, even if we wanted
to, the lawyers are likely to veto any deal anyway. So it's better you
don't even ask.
2. While we try our hardest to include
only accurate stuff on the site, if you use any information or advice, you're using it at your own risk. Don't call us if there's a
problem because we assume no liability or responsibility for errors or
omissions on the site. (Don't worry though, we've been marketing on
the Internet since 1996 so we know what we're doing. And we like to
tell it like it is, so any advice you find will in all likelihood be
better than advice you can dig up at most other sites. ;-)
3. We and anybody else who helped us create, produce, or
deliver the site are not liable for any damages you suffer when you
use it. In particular, the lawyers want you to know that our
disclaimer includes "direct, incidental, consequential, indirect, or
punitive damages arising out of your access to, or use of, the site.
Without limiting the foregoing, everything on the site is provided to
you 'AS IS' WITHOUT WARRANTY OF ANY KIND, (Except our products which
DO come with guarantees!) EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON
INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of
implied warranties, so some of the above exclusions may not apply to
you. Check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties. " Ugh! What a mouthful
from the mouthpieces. We put all of that in quotes because we couldn't
figure out any other way to say it that the lawyers would accept. But
here's the bottom line -- we're not responsible if you're browsing
around and the site damages you or your computer or infects it with
any nasty viruses. We sure hope that doesn't happen, and we take every
precaution to make sure it does not, but if it does,
don't call us.
4. If you don't want the world to know something, don't post
in on the site in any bulletin board or anyplace else. That's because
anything you disclose to us is ours. That's right -- ours. So we can
do anything we want with the stuff you post. We can reproduce it,
disclose it, transmit it, publish it, broadcast it, and post it
someplace else. Not only that, we can even use any ideas, concepts,
know-how, or techniques you post any way we want to, including,
developing, manufacturing and marketing products or other stuff using
the information you post.
5. Pictures of people or places shown on the site are either
our property or someone else's property we're using with their
permission. No matter what, it's definitely not your property. You or
any of your net-friends can't use it unless we said you could on this
page or somewhere else on the site. And guess what -- we won't say
yes. So be careful, Bunky, because unauthorized use may violate all
sorts of nasty laws. Be smart, keep the stuff you download to
yourself.
6. There's also a few trademarks, logos, and service marks
on the site that either we own or we're using with someone else's
permission. So don't think you have any kind of license or right to
use them, because you don't and we're not about to give you one. If
you don't leave them alone and mess with our trademarks, logos and
service marks on our site, we'll probably go ballistic, so will the
companies that own the other trademarks, logos and service marks. That
means that we're likely to sue you or to ask a prosecutor to come
after you for messing around with our property or the property of
others.
7. You'll probably notice we've linked our site to lots of
others. While that's cool, it doesn't mean we've looked at all those
sites, much less checked them out periodically to see what's going on.
So don't blame us if some site you link to is bad or has stuff on it
that offends you or your pets. Go ahead and link, but remember, you're
doing it at your risk.
8. That brings us to what you do on our own site. While we
occasionally look at the postings in our
discussion groups or on our bulletin boards, we take no responsibility
and assume no liability for the content of those locations or for any
mistakes, defamation, libel, slander, omissions, falsehoods,
obscenity, pornography, or profanity you might encounter when you
visit such places on our site. And don't be stupid by posting or
transmitting any unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, nasty, mean, or profane
material or any material that law enforcement types may consider a
criminal offense, get someone in court on a civil lawsuit, or for that
matter violate any law -- anywhere, anytime. While we certainly
respect your privacy, we have no choice but to fully cooperate with
any law enforcement authorities or court which might ask us who might
have posted nasty stuff on our site.
9. Software that we use on this Site is protected by all sorts
of patriotic U.S. laws. Because of that, you can't download or send
the software to anyone in the vacation travel spots of Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country where United
States has embargoed goods; or (get this) to anyone on the United
States Treasury Department's list of Specially Designated Nationals,
the U.S. Commerce Department's Table of Deny Orders, or the FBI's Most
Wanted Internet Creeps List (just kidding on the last one). As if that
were not tough enough, if you live in or are a national of any of
those lovely places, you're not even supposed to be reading this page,
so beat it!
10. We're also allowed to change this page and anything else on
the site any time we want to. That's because it's ours and we have the
programmers who can do it. If we do change the page, then you're bound
by [read: stuck with] those changes, too, whenever you visit our site.
11. If either of us wants to make something of it and wants
to “sue” (a dirty word) then we have to follow these rules of
engagement. (sort of according to the Geneva Convention):
This Agreement is governed by the
laws of the State of Rhode Island,
without regard to principles of conflict of laws.
To the extent you have in any
manner violated or threatened to violate BizWeb2000.com
and/or its affiliates' intellectual property rights,
BizWeb2000.com and/or its affiliates
may seek injunctive or other appropriate relief in any state or
federal court in the State of Rhode Island,
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:
Providence County. 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: Providence County, 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.
If this all sounds kind of mean and undiplomatic, you should have
seen what the lawyers gave to us in the first place. We had to remind
them that human torture and sacrifice was outlawed in the United
States. Boy, did they look disappointed!
March 21, 2003
BizWeb2000.com