Conditions of Use for boomtowninstitute.com
Last Updated: January 16, 2007
Welcome to boomtowninstitute.com. By using this site, you signify your agreement to and acceptance of all terms, conditions, and notices contained or referenced herein (the "Conditions of Use"). Please read them carefully. If you do not agree to these Conditions of Use, please do not use this website. We reserve the right, at our discretion, to update or revise these Conditions of Use.
Please review our Privacy Statement, which also governs your visit to boomtowninstitute.com.
When you visit boomstownusa.net or send e-mail messages to us, you are communicating with us electronically and are agreeing to receive electronic communications from us. By visiting boomtowninstitute.com, you are agreeing that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any and all legal requirements that any such communications be in writing.
Risk of Loss
All books or other items purchased from boomtowninstitute.com are made pursuant to a shipment contract, under which the risk of loss and title for such items passes to you upon our delivery to the carrier.
Third Party Websites
This website may produce automated search results or otherwise link you to other websites on the Internet. Some of our website functionality, including Internet searches and web-based yellow pages information are processed by third party websites. These websites may have materials, information, software, products, and services (“Content”) that some people may find inappropriate or offensive. We do not endorse the Content of any third party website, nor can we warrant that they will not contain viruses or otherwise impact your computer. These other websites are not under our control and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites.
You acknowledge and agree that all content and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Agracel, Inc., you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Agracel, Inc. is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Conditions of Use is prohibited.
User Contributions to the Website
There may be opportunities for you to contribute to the website and to communicate with other users of the website. This “Content” includes, among others, uploading comments, articles, links, software, or other materials to the website. We are not liable or responsible for any Content provided by the users or other third parties to the website or to other users of the website by email ("User Content"). The contributions of third parties do not necessarily represent the view or opinions of Agracel, Inc. We cannot preview User Content before it appears or is sent to another user. Users can be held liable for any illegal or prohibited User Content they provide to the website or to other users, including among other things, infringing, defamatory or offensive materials. However, if you discover this kind of material on the website, please notify us at firstname.lastname@example.org.
The following is a partial list of the kind of Content or conduct which is illegal or prohibited on the website. It includes Content or conduct that:
• is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• is or could be harmful to minors;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading, or promotes illegal activities or conduct;
• interferes with or disrupts the service or servers or networks connected to the service, or disobeys any requirements, procedures, policies or regulations of networks connected to the service;
• is abusive, threatening, obscene, defamatory or libelous;
• is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• displays pornographic material of any kind;
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• provides instructional information about illegal activities such as making or buying illegal weapons;
• violates someone's privacy;
• provides or creates computer viruses;
• solicits passwords, personal identifying information for commercial or unlawful purposes from other users;
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, pyramid schemes, etc.; and
• involves sending unsolicited and/or unauthorized email to third parties.
User's Grant Of Limited License
By posting or submitting content to this website, you grant Agracel, Inc. and its affiliates and business partners and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose. You further warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Agracel, Inc. will not infringe or violate the rights of any third party.
Disclaimer Of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH OUR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, AND THUS THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE; OR (v) ANY OTHER MATTER RELATING TO OUR SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by Agracel, Inc., you agree to defend, indemnify, and hold harmless Agracel, Inc. and its affiliated companies and business partners, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this website. Agracel, Inc. reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Agracel, Inc. in asserting any available defenses.
We make no representation that materials on this website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
Choice of Law and Forum
These Conditions of Use shall be governed by and construed in accordance with the laws of the State of Illinois. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Conditions of Use or your use of this site shall be filed only in the state or federal courts located in the State of Illinois, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Agracel, Inc. with respect to this website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Agracel, Inc. with respect to this website. If any part of these Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
We reserve the right, in our sole discretion, to terminate your access to all or part of this website, with or without notice.
Changes to our Conditions of Use
From time to time, we may change our Conditions of Use. Your continued use of this website following the posting of any changes to the Conditions of Use constitutes acceptance of those changes. You may view the most current version at: http://www.boomtowninstitute.com/html/BoomtownUSA/conditions.html.
Contacting the Website
If you have any questions about this Conditions of Use agreement, the practices of this website, or your dealings with this website, you can contact:
1200 Network Centre Blvd., Suite 3
Effingham, IL 62401
© 2004 Agracel, Inc. All rights reserved.