Welcome! Please read carefully the following Terms of
Use (“Terms of Use”) before using this website, as these Terms of Use describe
your rights and responsibilities and the conditions under which this website
can be used.
Monterey Technology Group, Inc. (“we,” “us” or
“Monterey”) maintains this website (“The Site”). “The Site” refers to, and
these Terms of Use apply to the following website: www.ultimatewindowssecurity.com.
By your use, continued use, browsing or viewing of The Site,
you agree to these Terms of Use, which govern your use of The Site. Also, by
your actions to register, to take steps that cause the creation for you of an
account on The Site, to click an “I agree” button when creating an account or
purchasing a Product through The Site, to access or to log onto a membership,
registration, subscription or account for The Site, you agree to these Terms of
Use. The Terms of Use are a binding contract between you and Monterey. If you
do not accept and agree with all of the Terms of Use without modification, you
are not authorized to access or use The Site for any purpose.
Should you make a purchase, for example of a subscription or
a Webinar, through The Site, you agree not only to these Terms of Use but also
to any applicable purchase agreement or other sales terms of which this Site gives
you notice.
You must be 18 years or older to use The Site or to make a
purchase.
You represent that you have read and agree to abide by these
Terms of Use.
You are encouraged to use and enjoy The Site, subject to
these Terms of Use.
Read and Agreed. You represent that you have read
and agree to abide by the Terms of Use for The Site, as well as any other
terms, disclaimers or policies set forth on The Site.
Modifications to Terms of Use. We reserve the right
to modify at any time, without giving you prior notice, the Terms of Use, as
well as any other terms, disclaimers or policies set forth on The Site. Your
use or continued use of The Site following any such modification constitutes
your agreement to follow and be bound by such things as modified. For this
reason, we encourage you to review the Terms of Use for The Site, as well as
any other terms, disclaimers or policies set forth on The Site whenever you use
The Site.
Specific Terms for Portions of The Site. One or more
activities on or portions of The Site, such as WinSecWiki, may have its own, additional
or more specific terms and conditions, disclaimers and/or terms of use (“Portion
Specific Provisions”). In the event of a conflict between any portion of these
Terms of Use and any part of Portion Specific Provisions, then the Portion Specific
Provisions control for that specific portion of The Site. Ordering webinars
and Subscriptions, for example and without limitation, may be subject to sales,
shipping and returns policies that may be set forth in other places on The Site
besides in these Terms of Use. As other examples, we may, from time to time,
offer and/or co-sponsor polls, contest, sweepstakes, raffles, promotions and
games on The Site, each of which may be governed by specific rules accessible
from pages of The Site offering the activity. By participating in any such
activities, you will become subject to those rules. We urge you to read
carefully any applicable rules, terms, disclaimers and conditions, and also to
review our Privacy Policy, which, in addition to these Terms of Use, govern
such activities and information you may submit. These Terms of Use incorporate
by reference those other additional rules, terms, disclaimers, conditions, and
Privacy Policy; and those additional rules, terms, disclaimers, conditions, and
Privacy Policy incorporate these Terms of Use.
The Site, Products, Webinars
and Subscriptions
Free. Browsing and viewing of many portions of The
Site is currently free to all Users. As used herein, a “User” means anyone who
browses and views The Site, whether or not such person creates an account. We
reserve the right to charge for access to The Site or other services in the
future. In such event, we will notify you in advance, and give you an
opportunity to subscribe to access to The Site or other services. We reserve
the right to modify any features of this access to The Site or other services
at any time.
Products. “Products” means anything that is sold,
offered or available through The Site, including without limitation Webinars
and Subscriptions.
Webinars. You are encouraged to purchase the right
to use Webinars through The Site. Your purchase of the right to use a Webinar
will be subject to these Terms of Use and any sales terms of which you are
informed or given notice.
Subscriptions. You are encouraged to purchase one or
more Subscriptions through The Site. A purchase of a Subscription may give you
rights to access Subscriber Content (“Subscriber Content”) or additional
portions of The Site that you may not otherwise be able to access. Your
purchase of a Subscription will be subject to these Terms of Use and any sales
terms of which you are informed or given notice. Subscriber Content may be
made available only to persons who have purchased appropriate Subscriptions or
who have reached another agreement with Monterey that gives them a Subscription.
Continued compliance with these Terms of Use is one condition of a Subscription,
and Monterey may terminate, cancel, block, not renew, or suspend your access to
Subscriber Content, the Site, or both if you are not in compliance with these
Terms of Use or any other term or condition of Subscription.
Renewal. Your Subscription will continue through the
end of the subscription. If The Site permits automatic renewal, and unless you
inform Monterey otherwise, you authorize Monterey to charge your previously
provided credit card number or other payment mechanism automatically in order
to renew your subscription upon Monterey’s then-current pricing for the
renewal. Monterey will attempt such a charge no sooner than 60 days before the
expiration of a Subscription. Upon receipt of funds, your subscription shall
automatically renew for another term of the paid-for duration. UNLESS YOU
NOTIFY US THAT YOU WISH TO NON-RENEW THE SUBSCRIPTION, WE WILL AUTOMATICALLY
ENGAGE IN THIS RENEWAL PROCESS FOR SO LONG AS WE CONTINUE TO OFFER THE
SUBSCRIPTION. IF YOU WISH TO NON-RENEW OR CHANGE THE SUBSCRIPTION, YOU MUST
NOTIFY US BEFORE THE TIME INDICATED ABOVE ON WHICH RENEWAL CHARGES MAY BE
ATTEMPTED BY MONTEREY.
Pricing. Monterey reserves the right to change,
increase or decrease fees or rates for Products from time to time, and to apply
any new Subscription fees at the time of renewal of your subscription. Prices
and offers are subject to change without notice. All shipping and handling
charges are non-refundable. Subscribers are responsible for all sales tax, tariffs,
duties and fees. Payment for your subscription, including renewals, is due in
advance of the subscription period.
Responsibility. You agree to pay all charges that
may be incurred by you, through your account, or on your behalf through The
Site, at the price(s) in effect when such charges are incurred, including all
shipping and handling charges. In addition, you are responsible for any taxes
that may be applicable to your purchases through the Site.
Discontinuation. Monterey may change, suspend or
discontinue any aspect of The Site at any time, including without limitation,
the availability of any feature, database, content, or Subscriptions. Monterey
may also impose limits on certain features and services or restrict access to
parts of or all of The Site without notice or liability.
Your Account/Logins
You may have the opportunity to create a user account for The
Site. Your access to that user account or to certain features or services on
The Site may be protected by passwords or require a login. Further, for
authentication purposes, certain features on The Site may require you to answer
a designated security question. We will treat any personal information that
you submit through The Site in accordance with our Privacy Policy, which is incorporated
herein by reference. You agree to provide Monterey with current, updated,
complete and accurate information as prompted by the applicable registration
process and agree to regularly update this information to maintain its
completeness and accuracy. You agree not to obtain or to attempt to obtain
unauthorized access to such parts or features on The Site, or to any other
protected materials or information, through any means not intentionally made
available to you by Monterey. You agree not to use, when subscribing or at any
other time on The Site, any aliases or pseudonyms or to provide any false or
out of date information about yourself. You may not (i) select or use a screen
name of another person with the intent to impersonate that person; (ii) use a
name of any person other than yourself without authorization; or (iii) use a
screen name that Monterey, in its sole discretion, deems offensive or
inappropriate.
You are responsible for maintaining the confidentiality of
any account information, user names, logins, passwords, and security questions
and answers that you use to access any page or feature on The Site, and for
logging off your account and any protected areas of The Site. Further, you are
fully responsible for all activities that may result from your negligence,
carelessness, misconduct or failure to use or maintain appropriate security
measures. You agree to contact Monterey immediately if you become aware of any
suspicious, suspected or unauthorized use or conduct concerning your subscription
account(s), user name(s), email address(es), logins, passwords, and security
questions and answers, including loss, theft or unauthorized disclosure of your
password or credit card information. Monterey will not be liable for any loss
or damage arising from your failure to comply with this paragraph. You are
responsible for all usage or activity on your account and subscription,
including the use of such things by any third party, whether or not authorized
by you to use such things. Any fraudulent, abusive, or otherwise illegal
activity is a violation of these Terms of Use and may be grounds for
termination, at Monterey’s sole discretion, and the person may be referred to
appropriate law enforcement agencies.
Products and services provided to you through The Site may
involve the electronic transmission, including via any email address you
provide to us, of information that you may consider to be personal information
or personal financial information or promotional and marketing materials, and
you consent to such transmission(s).
Content - Ownership & Use
Content. The Site may have four types of
content (“Content”).
Submissions. Content that is provided or posted
by you to us, for The Site or otherwise, is known in these Terms of Use as a
“Submission.” A Submission includes testimonials, information, comments,
postings, ideas, concepts, methods, systems, designs, plans, techniques,
photographs, images, illustrations, audio clips, video clips, or other
materials which you provide to us or The Site. User Content in the WinSecWiki
is an example of a type of Submission. Submissions are discussed below.
Third Party Content. Content that a third party
provides to Monterey for inclusion on The Site, whether through a Submission or
otherwise, is known in these Terms of Use as “Third Party Content.” Third
Party Content is discussed below.
Our Wiki Content. Content that we post as an
entry within a wiki topic on WinSecWiki or another portion of The Site is known
in these Terms of Use as “Our Wiki Content.”
Our Content. Everything else, including all
other Content provided by us, The Site itself, Trademarks, blogs, text,
photographs, graphics, video, audio content, information, data, software,
graphs, videos, typefaces, sounds, brands, the design, layout, look and
appearance of the Site and other material, whether in the form shown on The
Site or in other forms, media, technologies existing now or hereinafter
developed is known herein as “Our Content.” Our Content can include items
which were originally known as Submissions and which have subsequently become
owned by Monterey.
Trademarks. ULTIMATE WINDOWS SECURITY™ and MONTEREY
TECHNOLOGY GROUP™ are trademarks of Monterey. These and other brands that may
be adopted by Monterey are known in these Terms of Use as the “Trademarks.”
You agree that Monterey owns the Trademarks and that you will not use the
Trademarks in any way.
Ownership of Our Content. All of Our Content
published on The Site is protected by copyright, trademark or other laws, and is
owned or controlled by Monterey. Third Party Content may also be protected by
copyright or other laws, and owned or controlled by the party credited as the
provider of the content, software, or other materials. You shall abide by all
additional copyright notices, information, or restrictions contained in any
Content accessed through The Site.
Ownership of Products. You agree that all rights to Products
offered by Monterey through the Site are owned exclusively by Monterey. Except
to the extent you are permitted to view a Product through The Site or a
Subscription, you are not permitted to and you agree not to use, copy,
distribute, sell, offer, license, market, reverse engineer, disassemble,
decompile, crack, break into, hack, affect, or view any Product, any software
on or available through The Site, or any part thereof, in any way. You further
agree that you will not create or attempt to create your own material that
mimics, replicates or re-creates a Product or a substantially similar or an
equivalent Product, or that is substantially similar.
Protection. The Site, Our Content and Products are also
protected as and by copyrights, trademarks, patents or other proprietary rights
and laws. The Site, Our Content and Products are copyrighted as one or more collective
works and/or compilations pursuant to U.S. copyright laws, international
conventions, and other copyright laws, and Monterey owns, to the fullest extent
allowed by such laws, the copyright in the selection, coordination, arrangement
and enhancement of The Site, Our Content and Products. You may not copy, use, modify,
publish, transmit, remove, delete, enter into a database, augment, add to,
reproduce, create derivative works from, distribute, distribute over a network
or as a service bureau, perform, display, transmit, frame, stream, market, participate
in the transfer or sale, lease or rental of, or in any way exploit, any of The
Site, Our Content and Products, in whole or in part, without our express prior
written consent. Neither title nor intellectual property rights are
transferred or granted to you by access to The Site.
Our Wiki Content. Our Wiki Content is owned by us or
its respective owner. You are granted limited, restricted permission to make a
copy or to print Our Wiki Content, so long as you do not republish
substantially all of Our Wiki Content for a subject for the purpose of
re-distribution, re-sale or re-use and so long as you do not copy Our Wiki
Content into a database, another wiki-type service or similar vehicle.
Third-Party Content. The Site may include certain
information provided by third-parties. Neither Monterey nor the provider of
Third Party content shall have any liability for any errors or delays in the
substance, content, provision, or availability of Third Party Content, or for
any actions taken in reliance thereon. Third Party Content may also be
protected by copyright or other laws, and owned or controlled by the party
credited as the provider of the content, software, or other materials.
Site Integrity. The Site has been specially designed
for presentation of content in a unique format and appearance. We are
concerned about the integrity of The Site when it is viewed in a setting
created by a third party that includes advertising or other materials that we
have not authorized to be displayed with The Site. Without limiting other provisions
of these Terms of Use, neither you nor any third party shall make use of The
Site or Content in any manner that constitutes an infringement or violation of
our rights, including copyright, or that has not been authorized by us.
Copyright Notice. Copyright 2008 Monterey Technology
Group, Inc. All rights reserved.
Copyright Management Information. You agree that you
will not remove, change or obscure any copyright or other notices for The Site,
Content or anything from or involved with The Site.
SUBMISSIONS
Unsolicited Materials. Unless specifically
requested, we do not solicit any confidential, secret or proprietary
information or other material from you through or for The Site, by e-mail or in
any other way.
Provision. You may have the opportunity on The Site
(or otherwise) to post, transmit or otherwise make available Submissions,
including testimonials, opinions, responses, ideas, images or other things. We
reserve the right to post and to remove any Submissions sent to Monterey or
posted to The Site for any reason, or for no reason at all. Decisions as to
whether Submissions should be posted or removed, or violates our standards will
be made in our sole discretion after we have actual notice of such posting.
If you contribute any Submissions, you are publishing every
word and material you provide. You should therefore assume that it may be
retained forever, although we assume no obligation to retain or make it available
for any length of time, much less forever. With respect to Submissions posted
to or on The Site, if any, we are the provider of an interactive computer
service and user providing the Submission (which may be you or a third party)
is the publisher or speaker of the Submission.
Submission Content. You are responsible for all
Submissions you provide. You represent and warrant that:
-all Submissions you provide are NOT illegal, defamatory,
libelous, threatening, intimidating, derogatory, abusive, harassing, rude,
vulgar, obscene, bigoted or hateful, insensitive, petty, uncivil, offensive,
profane, scandalous, pornographic, indecent, invasive of privacy or publicity
rights, tortuous, unreasonable, or intentionally false, fraudulent, deceptive,
wrong, improper or otherwise objectionable;
-all Submissions you provide do NOT infringe any copyright,
patent, trademark or other intellectual property right;
-all Submissions you provide are either original to you or
are provided without violation or infringement of any contract or rights of any
others;
-all Submissions you provide do not contain any material,
non-public information about any third party or third-party’s intellectual
property, trade secret, or other rights;
-no other party has any rights to the Submissions you
provide or that you have all rights necessary to grant the rights and agree to
the provisions of these Terms of Use;
-your act of providing, and the continued existence on The
Site of, such Submissions does NOT violate any right, restriction, law,
regulation, ordinance, governmental decree, contract or obligation;
-all Submissions you provide are provided without any
restrictions;
-all Submissions you provide do NOT violate these Terms of
Use;
-all Submissions you provide do NOT solicit, encourage or
promote illegal activity or substances;
-all Submissions you provide do NOT express or imply that
any statements you make are endorsed by Monterey, without our prior written
consent; and
-none of your Submissions give rise to civil or criminal liability,
encourage conduct that constitutes a criminal offense or otherwise violates any
local, state or federal law.
You may NOT provide or post Submissions that are contrary to
the above representations, warranties and restrictions.
Prohibited Submissions. Additionally, you may not
post, transmit or provide as a Submission for The Site the following:
-advertising or commercial solicitations, chain letters,
pyramid schemes, investment opportunities;
-promotional materials relating to other websites or online
services competitive with Monterey or The Site;
-software or other materials that are or contain spam, viruses,
worms, time-bombs, Trojan horses, or another harmful or disruptive component;
-personalized information about your own investments,
objectives, needs or portfolios;
-political campaign materials, chain letters, mass mailings
or spam; or
-any robot, spider, site search/retrieval application or
other manual or automatic device or process to retrieve, index, database, data
mine, or in any way reproduce or circumvent The Site or the navigational
structure or presentation of The Site.
Not Confidential. Submissions will be deemed NOT to
be confidential or secret. We and all other users will not be required to
treat any of your Submissions as confidential, and may use any of your
Submissions in our respective businesses (including without limitation, for
products or advertising) without incurring any liability for royalties, damages
or any other consideration of any kind, and will not incur any liability as a
result of any similarities that may appear in our future operations.
Use of Submissions. Please note that because we may
allow users like yourself to post materials on forums and in other ways on The
Site, we need to obtain certain rights in your Submissions. By submitting or
otherwise making Submissions available on The Site, you hereby grant to us and
all users a royalty-free, perpetual, irrevocable, transferable, sub-licensable,
worldwide, non‑exclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform,
and display your Submissions, and to incorporate your Submissions in other
works in any form, media, or technology now known or later developed. You also
agree and acknowledge that any and all of your Submissions, such as
information, ideas, concepts, methods, systems, designs, plans, techniques or
other similar materials, that you post, submit or otherwise communicate to us
or The Site may be used by us and other users in any manner, and without
limitation may be displayed on The Site and copied, printed and distributed for
educational, promotional, marketing or any other purposes.
Noncommercial. To the extent that any forums,
message boards, blogs and similar things are provided by on The Site for the
receipt and posting of Submissions, such things shall be used only in a
noncommercial manner. You shall not, without the express approval of Monterey,
distribute or otherwise publish any material containing any solicitation of
funds, advertising or solicitation for goods or services.
Responsibilities. Monterey is not responsible for
any content of any Submissions on The Site. Monterey has the right, but
assumes no obligation, to monitor Submissions for compliance with these Terms
of Use or any other reason. Monterey reserves the right not to post and to
delete, move, or edit messages that it, in its sole discretion, desires not to
have on The Site, or deems abusive, defamatory, obscene, in violation of
copyright or trademark laws, otherwise unacceptable or in violation of these Terms
of Use. Monterey reserves the right, but not the obligation, to take any
action it deems appropriate with respect to The Site, Submissions, and Third
Party Content to operate The Site properly, to protect other users, Monterey, Monterey’s
business relationships, and guests to The Site, and to comply with legal
obligations or governmental requests. The providers of Submissions shall
remain solely responsible for the content of their Submissions.
Editing. By providing a Submission, you acknowledge
and agree that any Submissions (whether a letter to the editor, testimonial,
review, commentary, or otherwise) may be edited, removed, modified, published,
transmitted, displayed, truncated, or not posted, or not displayed by Monterey.
In addition, by providing a Submission, you warrant that you have irrevocably
waived all moral rights and other rights with respect to attribution of
authorship or integrity, under any applicable law under any legal theory, in
any Submissions you provide.
Submission Inaccuracy. Submissions and the Third
Party Content that may be found on The Site have not necessarily been reviewed
by people with the expertise required to provide you with complete, accurate or
reliable information. Such things are therefore provided “as is” and without
any warranties of any sort. Without limitation, such things are NOT provided
with any warranties as to their accuracy, commercial reasonability, condition
or non-infringement. Additional disclaimers are set forth below. Monterey does
not represent or endorse the accuracy or reliability of any Submission, Third
Party Content, advice, opinion, statement, or other information displayed,
uploaded, or distributed through The Site by any user, information provider or
any other person or entity. You acknowledge that any reliance upon any such
opinion, advice, statement, memorandum, or information shall be at your own
sole risk. Monterey reserves the right, in its sole discretion, and assumes no
obligation, to correct any errors or omissions in any portion of The Site.
Personal Information. Information, including
personally identifiable information (any information which can be used to
identify a specific individual, such as a name, email address, postal address
or telephone number) which is provided as a Submission or posted by you on The
Site in an area viewable by other users will be accessible to other users
including people you may not know. Making this information available may
result in a user receiving “spam” or unsolicited e-mail. You are encouraged to
use discretion when communicating with others and/or disclosing personally
identifiable information on-line. In addition, Monterey has no control over,
and shall have no liability for, damages resulting from the use or misuse by
any third party of information that you voluntarily make public through a
Submission. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE
INFORMATION PUBLICLY AVAILABLE THROUGH A SUBMISSION, YOU DO SO AT YOUR OWN
RISK. Without limiting the foregoing, you consent to the publication of any of
the following that you provide to us, including in a testimonial: your name,
first name, last name, initials, the testimonial and signature.
Good Behavior
You must engage in good behavior when utilizing The Site.
Rude, insensitive, illegal, malicious or petty behavior is not productive, is
not good behavior and will not be condoned. Personal attacks, fraudulent
behavior, the use of aliases, sock puppetry, and vandalism also are not
productive, not good behavior and will not be condoned.
Your Use of The Site. You may use The Site only in
legal fashion and in accordance with the Terms of Use. Unauthorized use of The
Site may give to a claim for damages and/or be a criminal offense. You
acknowledge that we have no obligation to monitor any aspect of The Site or the
Content, and we assume no such obligation. We, however, reserve the right to
monitor use of The Site to determine compliance with these Terms of Use. We
also reserve the right to refuse to post, to modify, or to remove, in whole or
in part, any Submissions, Content, information or material(s), that, in our
sole discretion, is unacceptable, undesirable, inappropriate, uncivil, wrong,
incomplete, in violation of these Terms of Use or otherwise should be removed,
modified or not posted for any reason or no reason at all. We may also
suspend, terminate and/or block anyone’s use of The Site, or any aspect of The
Site, at any time in our sole discretion, for any reason or no reason at all.
No Duty to Police or Check
We undertake no duty or obligation to police, monitor,
review or verify any aspect of Submissions or Third Party Content.
If you believe that you, your rights, intellectual
property rights, or copyrights have been infringed, violated or defamed by Third
Party Content or from anything on The Site, please contact us. We undertake no
duty to comply with your request, but we have no tolerance for copyright
infringement, libelous statements or other actions to violate rights.
No Warranties from
Monterey concerning The Site, Products or Content
All Content and Products are provided “as is” and
without any warranties or any sort. Without limitation, such things are NOT
provided with any warranties as to their accuracy, commercial reasonability,
condition, or non-infringement. Additional disclaimers are set forth below.
DISCLAIMERS & LIMITATIONS ON LIABILITY
DISCLAIMER. YOUR USE OF THE SITE and products IS AT
YOUR OWN RISK. The SITE, OUR Content, our wiki content, products, and all
materials and/OR SERVICES on the site or provided through the site ARE EACH
provided “as is,” ON AN “AS AVAILABLE” BASIS, and without guarantees or
warranties of any kind, either expressed or implied. Third PARTY content and
submissions are PROVIDED BY others, who may or may not make other promises,
guarantees or warranties, and we are not responsible for any such things.
THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACITES IN the site, CONTENT,
our wiki content, INFORMATION, prodcuts OR OTHER MATERIALS AVAILABLE THROUGH
THE SITE. WE ARE NOT RESPONSIBLe FOR THE AVAILABILITY OR substance OF THE content
or OTHER SERVICES THAT MAY BE connected TO or associated with THE SITE. We, OUR affiliates and OTHER third party
service providers hereby expressly disclaim all warranties, including any and
all warranties, express and implied, including but not limited to any implied
warranties of merchantability, fitness for a particular purpose, TITLE,
accuracy, timeliness, completeness, reliability, suitability, NON-INFRINGEMENT,
and condition. We, OUR affiliates and OTHER third party service providers do
not represent or warrant that access to the site will be uninterrupted, or that
there will be no failures, errors or omissions or loss of transmitted
information, or that defects will be corrected, that no viruses will be
transmitted on the site, or that the site or the server that makes it available
are free of viruses or other harmful components. We, OUR affiliates and OTHER
third party service providers do not warrant or make any representation
regarding use, or the result of use, of the content or products in terms of
accuracy, reliability, or otherwise. The content and prodcuts may include
technical inaccuracies or typographical errors, and WE may make changes or
improvements at any time. You, and not WE, assume the entire cost of all
necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING
FROM your USE OF the SITE, products or the CONTENT. We, OUR affiliates and
OTHER third party service providers MAKE NO WARRANTIES THAT YOUR USE OF THE
CONTENT or products WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH things. ADVICE,
RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM any wiki
content, content or products THROUGH THE SITE SHALL NOT CREATE ANY WARRANTY.
IF YOU ARE DISSATISFIED WITH THE SITE, products, OR ANY CONTENT OR FUNCTION of
the site, YOUR SOLE REMEDies is TO DISCONTINUE USING THE products or site. WE
DO NOT ENDORSE ANY OF THE third party content AND WE DO NOT ENDORSE THE
ACCURACY OF ANY OF such third party content.
Not Professional Advice. Content on the Site is
not intended to be professional licensed advice. If you need specific advice
(for example, medical, legal, financial or risk management), please contact a
professional licensed by an appropriate governmental body.
Timeliness. The information on The Site,
whether historical in nature or forward-looking, speaks only as of the date the
information is posted on The Site, and we do not undertake any obligation to
update such information after it is posted or to remove such information from
The Site if it is not, or is no longer, accurate or complete. Investors,
borrowers, and other persons should use The Site in the same manner as any
other educational medium and should not rely on The Site to the exclusion of
their own professional judgment. Information obtained by using The Site is not
exhaustive and does not cover all issues, topics, or facts that may be relevant
to your goals.
Your Requirements. It shall be your own
responsibility to ensure that any products, services or information available
through The Site meet your specific requirements. You are responsible for
obtaining and maintaining all telephone, computer hardware, and other equipment
and all internet access services needed for access to and use of The Site, and
you are responsible for all charges related thereto.
Corrections. We reserve the right to correct
any errors or omissions on The Site. Although we intend to take reasonable
steps to prevent the introduction of viruses, worms, "Trojan horses"
or other destructive materials to The Site, we do not guarantee or warrant that
The Site or materials that may be downloaded from The Site do not contain such
destructive features. We are not liable for any damages or harm attributable to
such features. If you rely on The Site and any materials available through The
Site, you do so solely at your own risk.
LIMITATION OF LIABILITY. IN NO EVENT SHALL
WE, OUR SUBSIDIARIES, AFFILIATES, OWNERS, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER
DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR DIRECTLY OR
INDIRECTLY RELATED TO YOUR USE OF, THE USE OF, OR THE INABILITY TO USE, THE SITE, products, the Content, or any materials
and/OR SERVICES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, OR
INFORMATION AVAILABLE ON THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF
REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF WE OR
SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO CERTAIN USERS. YOU HEREBY AGREE TO RELEASE US, OUR AFFILIATES AND
THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND
UNSUSPECTED, DISCLOSED AND UNDISCLOSED. IF YOU ARE A CALIFORNIA RESIDENT, YOU
WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART, “A GENERAL
RELEASE DOES NOT EXTEND TO CLAIM WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WITHOUT
LIMITING THE FOREGOING OR THAT WHICH APPEARS BELOW, IN NO EVENT SHALL WE BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY,
PUNITIVE, OR OTHER DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR
DIRECTLY OR INDIRECTLY RELATED TO ILLEGAL CONDUCT OR ANY VIOLATION OF THESE TERMS
OF USE BY YOU; AND YOU AGREE TO RELEASE US FOR ALL CLAIMS ARISING FROM OR
RELATED IN ANY WAY TO ANY ILLEGAL CONDUCT OR ANY VIOLATION OF THESE TERMS OF
USE BY YOU; AND YOU AGREE TO INDEMNIFY AND DEFEND US AS SET FORTH BELOW.
You Assume the Risk. To the extent permitted by
law, you assume the risk of all use of The Site and the Content. As set forth
below in these Terms of Use, you release us from all liability and you will
indemnify and defend us.
Indemnity. You agree to indemnify and hold us,
our subsidiaries, affiliates, parents, licensors, content providers, and
service providers, and all of our/their employees, agents, officers, managers,
directors, owners, shareholders, agents, and contractors (the “Indemnified
Parties”) harmless from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of these Terms
of Use by you or done at your direction or request or from any illegal conduct by
you, including without limitation any use of The Site, Products or any Content
other than as expressly authorized in these Terms of Use or as may be expressly
authorized in another agreement. You agree that the Indemnified Parties will
have no liability in connection with any such breach or unauthorized action,
and you agree to indemnify any and all resulting loss, damages, judgments,
awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in
connection therewith. You will also indemnify and hold the Indemnified Parties
harmless from and against any claims brought by third parties arising out of
your providing a Submission, violating any of these Terms of Use or using any
Product or Content. We reserve the right to take over the exclusive defense of
any claim for which we are entitled to indemnification under these Terms of Use.
In such event, you shall provide us with such cooperation as is reasonably
requested by us and reimburse us all defense costs, including reasonable
attorneys’ fees.
Miscellaneous
Links. You may not create a link to this
website from another website or document without our prior written consent. From
time to time, The Site may also include links to other websites. These links
are provided for your convenience to provide further information. They do not
signify that we endorse or have an association with the linked website(s). We
have no responsibility for the content of the linked website(s).
User Information. In the course of your creation
of an account or other use of The Site, you may provide or you may be asked to
provide certain information about yourself ("User Information"). We
will treat any personal information that you submit through The Site in
accordance with our Privacy Policy, which is incorporated herein by reference.
You may access that Privacy Policy through a link on The Site. You acknowledge
and agree that you are solely responsible for the accuracy and content of the User
Information.
Please keep in mind that whenever you voluntarily
disclose personal information online - for example, through email, discussion
lists, or elsewhere - that information can be collected and used by others. In
short, if you post personal information online that is accessible to the
public, you may receive unsolicited messages from other parties in return.
Ultimately, you are solely responsible for determining
whether you intend for your personal information to be confidential and for
maintaining its confidentiality. Please be careful and responsible whenever you
are online.
Copyright Agent. We respect the intellectual
property rights of others, and require that the people who use The Site do the
same. If you believe that your work has been copied on the Site or by us in a
way that constitutes copyright infringement, please forward the following
information to the Copyright Agent named below: your address, telephone number,
and e-mail address; a description of the copyrighted work that you claim has
been infringed; a description of where the alleged infringing material is
located; a statement by you that you have a good faith belief that the disputed
use is not authorized by you, the copyright owner, its agent, or the law; an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; 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 owner or authorized to act on the copyright owner's behalf.
Copyright Agent: Randy Smith (Person), 103 Tennyson Ct (Address), Spartanburg,
SC 29301, phone number: 866-749-2048. Email: rsmith@montereytechgroup.com. This
contact information is only for suspected infringement. Contact information for
other matters may be provided elsewhere on this site.
Applicable Laws. We control and operate The
Site from our offices in the United States of America. We do not represent that
materials on The Site are appropriate or available for use in other locations.
Persons who choose to access The Site from other locations do so on their own
initiative, and are responsible for compliance with local laws, if and to the
extent local laws are applicable. The Terms of Use and the relationship
between you and us shall be governed by the laws of the State of North
Carolina, without regard to its conflict of law provisions. You and we agree
that any cause of action that may arise under these Terms of Use shall be
commenced and be heard in the appropriate court in the State of North
Carolina. You and we each agree to submit to the personal jurisdiction of the
courts located within the State of North Carolina and waive any defenses to the
assertion of jurisdiction by or venue in these courts. To the extent allowed
by law, you agree that the exclusive jurisdiction for any cause of action that
may arise under the Terms of Use or that may relate to The Site shall be an
appropriate court, federal or state, in North Carolina. Any failure by us to
exercise or enforce any right or provision of the Terms of Use shall not
constitute a waiver of such right or provision. If any provision of the Terms
of Use is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the Terms of Use remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action of yours arising
out of or related to use of the Site or the Terms of Use must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
Breaches of Security. We are not responsible
for any breach of security caused by third parties or for any actions of any
third parties that receive the information. We also may allow to be displayed
on The Site advertisements of third parties. We are not responsible for such
third party’s privacy policies or how they treat information about their users.
Legal Subpoenas. We may disclose personal
information if we are required to do so by law or we in good faith believe that
such action is necessary to (1) comply with the law or with legal process; (2)
protect and defend our rights and property; (3) protect against misuse or
unauthorized use of The Site; or (4) protect the personal safety or property of
our users or the public (among other things, this means that if you provide
false information or attempt to pose as someone else, information about you may
be disclosed as part of any investigation into your actions).
No Use by Anyone Under 18. The Site is not
directed towards children, minors or anyone under the age of 18. Please do not
send us or post any information about anyone under the age of 18, like names,
addresses or e-mail addresses. In general, we do not knowingly collect
personally identifiable information from those under 18. If, in limited
circumstances, we do knowingly collect personally identifiable information from
someone under the age of 18, we will do so only with verified parental consent
prior to collection. In the event that we learn that we have collected any
personal information from a child under the age of 18 without verification of
parental consent, we will delete that information from our material as quickly
as possible.
Should you have other questions or concerns about these
Terms of Use, please call us at 866-749-2048 or send us an email at rsmith@montereytechgroup.com.
The Site is operated by:
Monterey Technology Group, Inc.
9450 SW Gemini Drive #53822
Beaverton, OR 97008
Last updated: 04/15/2019
©2019 Monterey Technology Group, Inc.