Terms
of Use -
montanalife.com
DARIN ARCHER montanalife.com™ TERMS OF USE AGREEMENT BETWEEN USER
AND Darin Archer
This Website ("montanalife.com") is offered to you, the user,
conditioned on your acceptance without modification of these Terms of
Use. Your use of this Website constitutes your agreement to the Terms
of Use.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
Montanalife.com is for your personal and noncommercial use. You may
not copy, modify, distribute, display, perform, create derivative works
from, transfer or sell any information, software, products or services
obtained from MONTANALIFE.COM.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you warrant to Darin Archer
that you will not use this Website for any purpose that is unlawful
or prohibited by these Terms of Use.
USE OF CHAT ROOMS AND OTHER COMMUNICATIONS FORUMS
If this Website contains chat
rooms or other message or communication facilities (collectively, "Forums"),
you agree to use the Forums only to send and receive messages and material
that are proper and related to the particular Forum. By way of example,
and not as a limitation, you agree that when using a Forum, 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, distribute or disseminate any defamatory, infringing,
obscene, indecent or unlawful material or information.
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy or 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.
Delete any author attributions, legal notices or proprietary designations
or labels in any file that is uploaded.
Falsify the origin or source of software or other material contained
in a file that is uploaded.
Advertise or offer to sell any goods or services, or conduct or forward
surveys, contests or chain letters.
Download any file posted by another user of a Forum that you know, or
reasonably should know, cannot be legally distributed in such manner.
You acknowledge that all Forums are public and not private communications.
Further, you acknowledge that chats, postings, conferences and other
communications by other users are not endorsed by Darin Archer, and
such communications shall not be considered reviewed, screened or approved
by Darin Archer. Darin Archer reserves the right for any reason to remove
without notice any contents of the Forums received from users, including
without limitation bulletin board postings. Darin Archer reserves the
right to deny in its sole discretion any user access to montanalife.com
Forums without notice.
Please note that all Software, including without limitation all HTML
code contained in this Website, is owned by Darin Archer and/or its
suppliers and is protected by copyright laws and international treaty
provisions. Any reproduction or redistribution of the Software is expressly
prohibited by law and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING
TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software, and any accompanying documentation
and/or technical information, is subject to applicable export control
laws and regulations of the USA. You agree not to export or re-export
the Software, directly or indirectly, to any countries that are subject
to USA export restrictions.
LINKS TO THIRD PARTY SITES
This Website may contain hyperlinks to Websites operated by parties
other than Darin Archer. Such hyperlinks are provided for your reference
only. Darin Archer does not control such Websites and is not responsible
for their contents. Darin Archer' inclusion of hyperlinks to such Websites
does not imply any endorsement of the material on such Websites or any
association with their operators.
SERVICE CONTACT
Contact darin@montanalife.com with questions or problems with this Website.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of this Website are: Copyright © 1997-2001 Darin Archer
and/or its suppliers. All rights reserved.
Darin Archer and montanalife.com are trademarks of Darin Archer. Other
product and company names mentioned herein may be the trademarks of
their respective owners.
MODIFICATION OF THESE TERMS AND CONDITIONS
Darin Archer reserves the right to change the terms, conditions and
notices under which this Website is offered.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Darin Archer AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY
TIME.
Darin Archer AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICE
CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. Darin Archer AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. IN NO EVENT SHALL Darin Archer AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH
THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Darin
Archer 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.
GENERAL
This agreement is governed by the laws of the State of California, U.S.A.
You hereby consent to the exclusive jurisdiction and venue of courts
in San Francisco County, California,U.S.A. in all disputes arising out
of or relating to the use of this Website. Use of this Website 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 Darin Archer as a result of this agreement or
use of this Website.
Darin Archer performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation
of Darin Archer right to comply with law enforcement requests or requirements
relating to your use of this Website or information provided to or gathered
by Darin Archer 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.
This agreement constitutes the entire agreement between the user and
Darin Archer with respect to this Website and it supersedes all prior
or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and Darin Archer with respect to this
Website. 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
and subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters and/or data
that may be used herein are not intended to represent any real individual,
company, product or event.
Any rights not expressly granted herein are reserved.
