Last Updated: June 2013
ACCESS COSTS, EQUIPMENT AND SOFTWARE
You must provide at your own expenses the equipment and Internet connections that you will need to access this site. This site may require the use of certain third-party software You are responsible for all costs associated with acquiring such software, if any, and complying with any licenses associated with such software. We are not responsible for any costs you incur to access of use this site.
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USE OF MATERIAL FROM THIS SITE
MATERIAL YOU SUBMIT
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality, and right to grant a license to use any such material. You may not upload to, distribute, or otherwise publish through this site any content that (i) is libelous, defamatory, fraudulent, obscene, or threatening; infringing on third parties’ intellectual property rights, including but not limited to trademark, copyright, or patent rights, right of publicity, right of privacy, trade secret, or other proprietary rights; or harassing, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law, statute, ordinance or regulation, or (iii) may contain software viruses, spyware, Trojan horses, political campaigning, chain letters, mass mailings, commercial advertising, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the source or origin of any content. You may not upload commercial content onto the site. By submitting any material to this site, and unless we indicate otherwise, you acknowledge that you have granted Fronto King LLC. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, copy, modify, display, adapt, publish, translate, create derivative works from, publicly perform, reverse engineer, transfer, transmit, broadcast, distribute, license, sell, give or otherwise make available such content throughout the world in any media. You grant Fronto King LLC. and its affiliates the right to use, non-materially alter, or omit the name you submit in connection with such content. All personal information provided via this website will be handled in accordance with the site’s online Privacy Statement. You represent and warrant that you have the full right, power and authority to enter into and perform this Agreement, and have secured all third-party consents, licenses, waivers, and permissions necessary to enter into and perform this Agreement, including, without limitation, waivers of rights of privacy, publicity and personality from any third parties whose names, likenesses, photographs, portrayals, or actual or imitated voices are depicted in the content; that the content is true, accurate, current and complete; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fronto King LLC. and its affiliates for all claims resulting from content you supply.
TRADEMARKS AND COPYRIGHTS
This site may feature trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video, and data that are the property of Fronto King LLC. and its affiliates or licensors. This site also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video, and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video, and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. This site and all of its content are protected under copyright, trademark, and other laws of the United States and other countries.
INTELLECTUAL PROPERTY RIGHTS OF OTHERS
We respect the intellectual property rights of others, and we request that our visitors do the same. This website includes user-submitted materials, and we cannot and do not monitor all of the material submitted to the site. By using the site, you may be exposed to content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the site and any content on the site, including, but not limited to, whether you should rely on such content. Notwithstanding the foregoing, you acknowledge that we shall have the right (but not the obligation) to review any content that you have submitted to the site, and to reject, delete, disable, or remove any content that we determine, in our sole discretion, (a) does not comply with the terms and conditions of this Agreement; (b) might violate any law, infringe upon the rights of third parties, or subject us to liability for any reason; or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable, or remove any content at any time, for the reasons set forth above, for any other reason, or for no reason. If you think your work has been used in a manner that may constitute copyright or trademark infringement, you may notify our agent, who can be reached at: Daniel N. Smith, Attorney-At-Law, New England Patent & Trademark, One Salem Green, Suite 405m Salem, MA 01970 Telephone: 978-882-0160 Fax: 978-882-0161 Email: email@example.com Please include all of the following in your notification:
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed;
a description of the work you claim has been infringed;
a description of where the material you claim is infringing is located on the site, including by providing a URL to the page containing the material;
your address, telephone number, email address, and all other information reasonably sufficient to permit Fronto King LLC. to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright or trademark owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
The material contained on this site may contain inaccuracies and typographical errors. You agree that we are not liable for content that is provided by others. We have no duty to pre-screen content that is submitted by third parties (including you) to this site, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the site and may be made at any time. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THIS SITE ARE NONINFRINGING; THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL BE SECURE; THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THIS SITE WILL BE COMPLETE, ACCURATE, RELIABLE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER, NOR ANY OF ITS AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.