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Read This Terms of Use Agreement Before Accessing
Website.
Effective Date: This
Terms of Use Agreement was last updated on January 10,2006
This Terms of Use Agreement
sets forth the standards of use of the Sherrie Penland Online
Service. By using the this website you (the “User”)
agree to these terms and conditions. If you do not agree to
the terms and conditions of this agreement, you should immediately
cease all usage of this website. We reserve the right, at
any time, to modify, alter, or update the terms and conditions
of this agreement without prior notice. Modifications
shall become effective immediately
upon being posted at this website. Your continued
use of the Service after amendments are posted constitutes
an acknowledgement and acceptance of the Agreement and its
modifications. Except as provided in this paragraph, this
Agreement may not be amended.
1.
Description of Service
Sherrie Penland
is providing User with websites. User must provide (1) all
equipment necessary for their own Internet connection, including
computer and modem and (2) provide for User’s access to the
Internet, and (3) pay any fees relate with such connection.
2.
Disclaimer of Warranties.
The
site is provided by Sherrie Penland on an “as is” and on an
“as available” basis. To the fullest extent permitted
by applicable law, Sherrie Penland makes no representations
or warranties of any kind, express or implied, regarding the
use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. Sherrie Penland shall
have no liability for any interruptions in the use of this
Website. Sherrie Penland disclaims all warranties with
regard to the information provided, including the implied
warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do
not allow the exclusion of implied warranties, therefore the
above-referenced exclusion is inapplicable.
3.
Limitation of Liability
Sherrie Penland
SHALL NOT be liable
for any damages whatsoever, and in particular Sherrie Penland
shall not be liable for any special, indirect, consequential,
or incidental damages, or damages for lost profits, loss of
revenue, or loss of use, arising out of or related to this
web site or the information contained in it, whether such
damages arise in contract, negligence, tort, under statute,
in equity, at law, or otherwise, even if Sherrie Penland has
been advised of the possibility of such damages. SOME JURISDICTIONS
DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF
THE ABOVE LIMITATIONS IS INAPPLICABLE.
4.
Indemnification
User agrees to indemnify
and hold Sherrie Penland, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand,
including reasonable attorneys’ fees and costs, made by any
third party due to or arising out of User’s use of the Service,
the violation of this Agreement, or infringement by User,
or other user of the Service using User’s computer, of any
intellectual property or any other right of any person or
entity.
5.
Modifications and Interruption to Service
Sherrie Penland reserves
the right to modify or discontinue the Service with or without
notice to the User. Sherrie Penland shall not be liable to
User or any third party should Sherrie Penland exercise its
right to modify or discontinue the Service. User acknowledges
and accepts that Sherrie Penland does not guarantee continuous,
uninterrupted or secure access to our website and operation
of our website may be interfered with or adversely affected
by numerous factors or circumstances outside of our control.
6.
Third-Party Sites
Our website may include
links to other sites on the Internet that are owned and operated
by online merchants and other third parties. You acknowledge
that we are not responsible for the availability of, or the
content located on or through, any third-party site.
You should contact the site administrator or webmaster for
those third-party sites if you have any concerns regarding
such links or the content located on such sites. Your
use of those third-party sites is subject to the terms of
use and privacy policies of each site, and we are not responsible
therein. We encourage all Users to review said privacy policies
of third-parties’ sites.
7.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and
other information have either been provided by the Vendors
or collected from publicly available sources. While
Sherrie Penland makes every effort to ensure that the information
on this website is accurate, we can make no representations
or warranties as to the accuracy or reliability of any information
provided on this website.
Sherrie Penland makes no
warranties or representations whatsoever with regard to any
product provided or offered by any Vendor, and you acknowledge
that any reliance on representations and warranties provided
by any Vendor shall be at your own risk.
8.
Governing Jurisdiction of the Courts Nevada
Our website is operated
and provided in the State of Nevada. As such, we are
subject to the laws of the Nevada, and such laws will govern
this Terms of Use, without giving effect to any choice of
law rules. We make no representation that our website
or other services are appropriate, legal or available for
use in other locations. Accordingly, if you choose to
access our site you agree to do so subject to the internal
laws of the Nevada.
9.
Compliance with Laws.
User assumes all knowledge
of applicable law and is responsible for compliance with any
such laws. User may not use the Service in any way that
violates applicable state, federal, or international laws,
regulations or other government requirements. User further
agrees not to transmit any material that encourages conduct
that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state,
national, or international law or regulation.
10.
Copyright and Trademark Information
All content included or
available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is
©2005 Sherrie Penland.com, will all rights reserved, or is
the property of Sherrie Penland and/or third parties protected
by intellectual property rights. Any use of materials
on the website, including reproduction for purposes other
than those noted above, modification, distribution, or replication,
any form of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission
of an authorized officer of Sherrie Penland is strictly prohibited.
Users agree that they will not use any robot, spider, or other
automatic device, or manual process to monitor or copy our
web pages or the content contained therein without prior written
permission of an authorized officer of Sherrie Penland.
Sherrie Penland™ are proprietary
marks of Sherrie Penland. Sherrie Penland’s trademarks
may not be used in connection with any product or service
that is not provided by Sherrie Penland, in any manner that
is likely to cause confusion among customers, or in any manner
that disparages or discredits Sherrie Penland.
All other trademarks displayed
on Sherrie Penland’s website are the trademarks of their respective
owners, and constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use of trademarks
or links to the web sites of Vendors is not intended to imply,
directly or indirectly, that those Vendors endorse or have
any affiliation with Sherrie Penland.
11.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c)
of the Copyright Revision Act, as enacted through the Digital
Millennium Copyright Act, Sherrie Penland designates the following
individual as its agent for receipt of notifications of claimed
copyright infringement.
By Mail
Sherrie Penland
P.O. Box 4342
Dalton, GA
30719
By Telephone:
706-272-3750
By Email: Please fill out
the form below.
12.
Botnets
Sherrie Penland retains the
right, at our sole discretion, to terminate any accounts involved
with botnets and related activities. If any hostnames are
used as command and control points for botnets, Sherrie Penland
reserves the right to direct the involved hostnames to a honeypot,
loopback address, logging facility, or any other destination
at our discretion.
13.
Other Terms
If any provision of this
Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent.
You agree that this Terms of Use Agreement and any other agreements
referenced herein may be assigned by Sherrie Penland, in our
sole discretion, to a third party in the event of a merger
or acquisition. This Terms of Use Agreement shall apply
in addition to, and shall not be superseded by, any other
written agreement between us in relation to your participation
as a User. User agrees that by accepting this Terms
of Use Agreement, User is consenting to the use and disclosure
of their personally identifiable information and other practices
described in our Privacy Policy Statement
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