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Projecthalo.com Terms of Use
Except as otherwise provided in a written agreement signed by Vulcan Inc., these Terms of Use represent
the entire understanding between you and Vulcan Inc. and its affiliates (collectively, "Vulcan")
regarding your use of www.projecthalo.com (the "Site") and your submission of any materials to Vulcan.
Vulcan is providing you access to the Site subject to these Terms of Use and the projecthalo.com
Privacy Policy. By accessing the Site, you signify
your acceptance of these Terms of Use and your
acceptance of the Privacy Policy.
Vulcan reserves the right, at any time, to modify, alter, update, or remove portions of these
Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of
the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use
or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.
Disclaimer
ANY USE OF THE SITE IS AT YOUR OWN SOLE RISK. THE SITE AND ALL CONTENT CONTAINED WITHIN THE SITE
IS PROVIDED ON AN "AS-IS" BASIS. VULCAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE
INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY INFORMATION
SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VULCAN DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES
RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN,
AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, VULCAN
DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VULCAN DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES
DESCRIBED THEREIN. YOU ARE ENTIRELY RESPONSIBLE FOR ANY CONTENT YOU UPLOAD, EMAIL OR OTHERWISE POST
USING THE SITE.
Third Party Content
THE SITE CONTAINS DATA, TEXT, SOFTWARE, GRAPHICS AND OTHER MATERIALS POSTED BY THIRD PARTIES NOT
AFFILIATED WITH VULCAN (“THIRD PARTY CONTENT”) AND VULCAN MAKES NO REPRESENTATIONS OR WARRANTIES
WITH RESPECT TO SUCH THIRD PARTY CONTENT. ALL SUCH THIRD PARTY CONTENT IS SUBJECT TO TERMS AND CONDITIONS
PROVIDED BY THE ORIGINATOR OF SUCH THIRD PARTY CONTENT AND YOU ACKNOWLEDGE THAT YOU MAY BE SUBJECT TO
SUCH ADDITIONAL TERMS AND CONDITIONS IF YOU USE OR ACCESS ANY THIRD PARTY CONTENT. VULCAN DOES NOT
CONTROL THE THIRD PARTY CONTENT POSTED VIA THE SITE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY OR
QUALITY OF SUCH THIRD PARTY CONENT. UNDER NO CIRCUMSTANCES WILL VULCAN BE LIAILBE IN ANY WAY FOR ANY
ASPECT OF THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO, LAIBILTY FOR ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY THIRD PARTY
CONTENT.
Limitation of Liability
IN NO EVENT SHALL VULCAN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING
OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION
OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE
SERVICES DESCRIBED THEREIN, EVEN IF VULCAN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VULCAN’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.
No Unlawful or Prohibited Use; Indemnity
You warrant that you will not use the Site or any of the content obtained from the Site for any
purpose that is unlawful or prohibited by these Terms. You will indemnify, defend and hold harmless
Vulcan, its subsidiaries and affiliates and their respective officers, employees and agents from any
and all claims, demands, damages, costs and liabilities, including reasonable attorneys’ fees, made
by any third party due to or arising out of your use of the Site or any violation of these terms.
Links
The Site may contain links to other Web sites on the Internet that are owned and operated by someone
other than Vulcan. Vulcan provides these links solely as a convenience. The appearance of a link
does not imply Vulcan’s endorsement, nor is Vulcan responsible for the content of any linked site.
You access linked sites at your own risk. These terms and conditions of use and the privacy policy
are applicable only when you are on the Site. Once you choose to link to another website, you will be
bound by the term of use and privacy statement applicable to such website.
Eligibility
You must be 18 years or older to use the Site.
Submissions
Except as otherwise agreed by Vulcan in writing, all requests, ideas, suggestions, comments,
feedback, and other materials disclosed, submitted, or offered to Vulcan, using the Site or
otherwise, (collectively, "Submissions") are not confidential and will become and remain the
property of Vulcan. You agree that Vulcan shall be entitled to use, display, publish, reproduce,
modify, transmit, sublicense, translate, create derivative works from, and distribute Submissions
in any medium and through any method of distribution, transmission or display for any purpose
whatsoever, commercial or otherwise, without compensation to you or anyone else.
No Commitments
Vulcan reserves the right to reject any submission or request for information for any reason,
or for no reason, in Vulcan’s sole discretion.
General Proprietary Rights
The Site is owned by Vulcan and contains material that is derived in whole or in part from Vulcan
and other sources. The Site and its contents are protected by international copyright, trademark,
and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post,
transmit or distribute in any way any material from the Site, including without limitation code or
software, without Vulcan’s express written permission or permission of the originator of any Third
Party Content.
Copyright
All Site design, text, code, graphics, and interfaces, and the selection and arrangements thereof,
on the Site are the property of Vulcan, or suppliers of Third Party Content, and are protected by U.S.
and other international copyright laws, © 2003, Vulcan Inc. ALL RIGHTS RESERVED. Prior permission to
use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials
on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized
use of the materials appearing on the Site is in violation of copyright, trademark, and other
applicable laws and could result in criminal or civil penalties.
Trademarks
"Vulcan" and all logos associated with such term are trademarks of Vulcan Inc. and/or its affiliates
(provided that this is not an exhaustive list of the trademarks owned by Vulcan Inc. or its affiliates).
They may not be used in connection with any product or service other than those services offered by
Vulcan or its affiliates, in any manner that is likely to cause confusion, or in any manner that
disparages or discredits Vulcan Inc. or its affiliates.
Notice of Potential Infringement
To notify Vulcan of any suspected infringement, please contact us at
webmaster@projecthalo.com.
Applicable Law
Vulcan operates the Site from Seattle, Washington, United States of America. The laws applicable to
the interpretation of these Terms of Use shall be the laws of the State of Washington without
reference to its conflict of law provisions.
Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use,
the Site, and/or the services described therein shall be filed exclusively in the state or
federal courts of King County, Seattle, Washington, USA, and you hereby consent and submit
to the exclusive jurisdiction and venue of such courts. No action arising under or relating to
these Terms of Use may be brought by either party more than one year after the cause of action
has accrued.
Termination
These Terms of Use shall remain in force until terminated by Vulcan. Vulcan may terminate
the Terms of Use, or suspend your access to all or part of the Site, without notice, for any
conduct that Vulcan, in its sole discretion, believe is disruptive or is in violation of any
applicable law or these Terms of Use. In the event of any such termination, the provisions
regarding disclaimers, limitations of liabilities, submissions, indemnification, intellectual
property rights, choice of law, and venue set forth in these Terms of Use shall survive.
Miscellaneous
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions.
Last Updated: May 30, 2003
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