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PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. Pacific Epoch reserves the right to amend, remove, or add to these terms and conditions at any time. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Pacific Epoch and shall be of no force or effect.
You understand that all postings, messages, text, files, images, photos, video, sounds or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Pacific Epoch does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Pacific Epoch be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted emailed or otherwise made available via the Service.
You acknowledge that Pacific Epoch does not pre-screen or approve Content, but that Pacific Epoch shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
You acknowledge and agree that Pacific Epoch may, in its sole discretion, preserve or disclose Content, as well as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Pacific Epoch, its users or the general public.
Although Pacific Epoch does not claim ownership of content that its users post by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Pacific Epoch an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses of the foregoing. Additionally, you will defend and indemnify Pacific Epoch from any third party claim related to a breach of any of the foregoing representations and warranties.
Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. You agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service.
You agree not to post, email, or otherwise make available Content:
That is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another’s privacy, or harms minors in any way; that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that impersonates any person or entity, including, but not limited to, a Pacific Epoch employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; that includes personal or identifying information about another person without that person’s explicit consent; that is deceptive, misleading, deceitful, or constitutes “bait and switch”; that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; that constitutes or contains unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; that includes links to commercial services or web sites, except as allowed in “small business ads”; that advertises for sale weapons or explosives; controlled substances (including but not limited to) tobacco products, alcoholic beverages, pharmaceuticals, illegal drugs; stolen or counterfeit items; goods or services that do not in fact exist; items that violate or infringe the rights of others; any items you do not have the right to sell; any dangerous items. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service; Additionally, you agree not to:
- contact anyone who has asked not to be contacted.
- “stalk” or otherwise harrass anyone
collect personal data about other users for commercial or unlawful purposes.
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google or Teoma) and non-commercial public archives (e.g. archive.org).
Limitations on service
You acknowledge that Pacific Epoch may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Pacific Epoch has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Pacific Epoch reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Pacific Epoch shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination of service
You agree that Pacific Epoch, in its sole discretion, may delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Pacific Epoch believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Pacific Epoch shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Pacific Epoch shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Any reproduction, modification, creation of derivative works from or redistribution of the Sites is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. User may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Disclaimer of Warranties / Limitation of Liability
You understand and agree that:
- Pacific Epoch disclaims all warranties of any kind, whether express or implied.
- The Service is provided on an “as is” and “as available” basis.
- Your use of the Service is at your sole risk, and Pacific Epoch shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (even if Pacific Epoch has been advised of the possibility of such damages), resulting from any aspect of your use of or interaction with the Service.
- Any warranty not set forth in this Terms document, including any set forth by Pacific Epoch employees, will be invalid.
- If any of the above provisions are void under governing law, our liability shall be limited to the extent permitted by law.
You agree to indemnify and hold Pacific Epoch, its officers, and its employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, or your violation of any rights of another.