This Internet Web Site Agreement (the “Agreement”) is between you and Donn T. Wonnell, of 2925 Kitchums Pond Road, Williamsburg, VA 23185 (Author). Use of this Internet Web Site (the ” ‘290’ Web Site”) signifies your agreement to the terms and conditions of use set forth below in this Agreement.
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THE ‘290’ WEB SITE.
(1) You acknowledge that you have read the terms and conditions of use contained in this Agreement and that you accept the terms thereof. If you do not agree to these terms and conditions of use, or if you are under the age of 18, you may not access or otherwise use this ‘290’ Web Site. (2) Author may monitor your use of this ‘290’ Web Site, and may freely use any information and materials received from you or collected through your use of the ‘290’ Web Site for any lawful reason or purpose; provided however, that Author will not knowingly (a) sell, transfer, or disclose such information and materials to third-parties for their commercial use or (b) collect, use, or disclose personal information from children. (3) Author reserves the right, at his sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Changes in the Agreement will be posted on the ‘290’ Web Site. (4) You acknowledge that you have read the “Digital Millennium Copyright Act Notice“ and agree to comply with the terms and requirements set forth therein. You acknowledge and agree that the contents of the ‘290’ Web Site are only for your personal, non-commercial use and that you will adhere to any and all additional copyright notices, information, or restrictions contained in any content on the ‘290’ Web Site. (5) Author may change, suspend or discontinue any aspect of the’290’ Web Site at any time, including the availability of any ‘290’ Web Site feature, database, or content. Author may also impose limits on certain features and services or restrict your access to parts or all of the ‘290’ Web Site without notice or liability. (6) You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the ‘290’ Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the ‘290’ Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or in-fringe the rights of third parties including, without limitation, copyright, trademark, service mark, patent, rights of privacy or publicity, or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old or have parental consent to access the ‘290’ Web Site. (7) You hereby agree to indemnify, defend and hold Author, and all officers, directors, owners, agents, employees, information providers, affiliates, members, sponsors, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You agree to cooperate as fully as reasonably required in the defense of any claim. Author reserves the right, at his own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Author. (8) The ‘290’ Web Site may from time to time contain links and pointers to other related World Wide Web Internet sites. Links to and from the ‘290’ Web Site to other third party sites may be maintained by third parties. In making such links available to you, you acknowledge that Author and any related officers, directors, or employees, or any of its affiliates, members, or sponsors (a) are not responsible for the content or availability of such links, (b) do not endorse such links and (c) assume no responsibility or liability to you with respect to the content or availability of such links. (9) Author does not and cannot review any materials posted to the ‘290’ Web Site by users, and Author is not responsible for any such materials posted by users. Further, Author disclaims any and all responsibility for content contained in any third party materials provided through links to or from the ‘290’ Web Site. Author reserves the right at all times to disclose any information as necessary to satisfy any legal, regulatory, or governmental request, or to edit, to refuse to post, or to remove from the ‘290’ Web Site any information or materials, in whole or in part, that in Author’s sole discretion are objectionable, in violation of this Agreement, or contrary to Author’s policy. (10) THE ‘290’ WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, PRODUCTS, SERVICES, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE ‘290’ WEB SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AUTHOR AND ANY RELATED DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE CONTENT ON THE ‘290’ WEB SITE, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE ‘290’ WEB SITE, OR FOR ANY PRODUCTS OR SERVICES CONTRACTED FOR OR PROVIDED BY THIRD PARTIES, OR FOR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE ‘290’ WEB SITE OR ANY LINKED SITE. FURTHER, AUTHOR AND ANY RELATED DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, AFFILIATES AND MEMBERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. AUTHOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ‘290’ WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ‘290’ WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUTHOR AND ANY RELATED DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, MEMBERS, AND SPONSORS SHALL NOT BE LIABLE FOR THE USE OF THE ‘290’ WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. (13) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to, from, or through the ‘290’ Web Site, you hereby grant to Author a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, adapt, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed; provided however, that Author will not knowingly (a) sell, transfer, or disclose such information and materials to third-parties for their commercial use or (b) collect, use, or disclose personal information from children. You hereby waive all rights to any claim against Author for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. (14) You acknowledge that transmissions to, from, and through the “290” Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Author, no confidential, fiduciary, contractual or other relationship is created or implied between you and Author other than as set forth in this Agreement. (15) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL RESIDE IN AN APPROPRIATE STATE OR FEDERAL COURT, LOCATED IN THE STATE OF VIRGINIA AS CLOSE AS PRACTICABLE TO THE CITY OF WILLIAMSBURG, IN JAMES CITY COUNTY. (16) This Agreement constitutes the entire agreement between Author and you with respect to your use of the ‘290’ Web Site. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE ‘290’ WEB SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
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