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AGREEMENT BETWEEN USER AND LETSTORQUEBHP The LetsTorqueBHP Web Site is
comprised of various Web pages operated by LetsTorqueBHP.
The LetsTorqueBHP Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the LetsTorqueBHP Web Site constitutes your agreement to all such
terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
LetsTorqueBHP reserves the right to change the terms, conditions, and notices
under which the LetsTorqueBHP Web Site is offered, including but not limited to
the charges associated with the use of the LetsTorqueBHP Web Site.
LINKS TO THIRD PARTY SITES
The LetsTorqueBHP Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of LetsTorqueBHP and
LetsTorqueBHP is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. LetsTorqueBHP is not responsible for webcasting or any
other form of transmission received from any Linked Site. LetsTorqueBHP is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by LetsTorqueBHP of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the LetsTorqueBHP Web Site, you warrant to
LetsTorqueBHP that you will not use the LetsTorqueBHP Web Site for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You may
not use the LetsTorqueBHP Web Site in any manner which could damage, disable,
overburden, or impair the LetsTorqueBHP Web Site or interfere with any other
party's use and enjoyment of the LetsTorqueBHP Web Site. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the LetsTorqueBHP Web
Sites.
USE OF COMMUNICATION SERVICES
The LetsTorqueBHP Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication Services"),
you agree to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such
messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally distributed in such
manner.
- Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the
Communication Services.
- Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
- Violate any applicable laws or regulations.
LetsTorqueBHP has no obligation to monitor the Communication Services.
However, LetsTorqueBHP reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.
LetsTorqueBHP reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
LetsTorqueBHP reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in LetsTorqueBHP's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. LetsTorqueBHP does
not control or endorse the content, messages or information found in any
Communication Service and, therefore, LetsTorqueBHP specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are not
authorized LetsTorqueBHP spokespersons, and their views do not necessarily
reflect those of LetsTorqueBHP.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO LETSTORQUEBHP OR POSTED AT ANY LETSTORQUEBHP WEB
SITE
LetsTorqueBHP does not claim ownership of the materials you provide to
LetsTorqueBHP (including feedback and suggestions) or post, upload, input or
submit to any LetsTorqueBHP Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting LetsTorqueBHP, its affiliated
companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. LetsTorqueBHP is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
LetsTorqueBHP's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE LetsTorqueBHP WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LetsTorqueBHP
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LetsTorqueBHP
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE LetsTorqueBHP WEB SITE SHOULD NOT
BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
LetsTorqueBHP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
LetsTorqueBHP WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
LetsTorqueBHP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
LetsTorqueBHP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LetsTorqueBHP WEB SITE,
WITH THE DELAY OR INABILITY TO USE THE LetsTorqueBHP WEB SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE LetsTorqueBHP WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
LetsTorqueBHP WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF LetsTorqueBHP OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE LetsTorqueBHP WEB SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LetsTorqueBHP WEB
SITE.
SERVICE CONTACT :
admin@letstorquebhp.com
TERMINATION/ACCESS RESTRICTION
LetsTorqueBHP reserves the right, in its sole discretion, to terminate your
access to the LetsTorqueBHP Web Site and the related services or any portion
thereof at any time, without notice. GENERAL To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Washington, U.S.A.
and you hereby consent to the exclusive jurisdiction and venue of courts in King
County, Washington, U.S.A. in all disputes arising out of or relating to the use
of the LetsTorqueBHP Web Site. Use of the LetsTorqueBHP Web Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship exists between
you and LetsTorqueBHP as a result of this agreement or use of the LetsTorqueBHP
Web Site. LetsTorqueBHP's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in derogation
of LetsTorqueBHP's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the LetsTorqueBHP Web Site or
information provided to or gathered by LetsTorqueBHP with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the user and
LetsTorqueBHP with respect to the LetsTorqueBHP Web Site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and LetsTorqueBHP with respect to the LetsTorqueBHP
Web Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent an d subject to the
same conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the LetsTorqueBHP Web Site are: Copyright 2005 by
LetsTorqueBHP and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved. |