PLEASE REVIEW THESE TERMS OF USE CAREFULLY. BY USING USTRC ONLINE, YOU AGREE TO THE
TERMS AND CONDITIONS CONTAINED AND LINKED TO BELOW.
A Special Note About Children
Children (persons under 18 years of age) are
not eligible to use USTRC Online services. If you are a minor, you may only use this
service in conjunction with your parents or legal guardians.
Acceptance of Contract Terms
The following are the terms of a legal
agreement between you and USTRC. By accessing, browsing and/or
using this site ("USTRC Online"), you acknowledge that you have read, understood, and
agree to be bound by these terms and to comply with all applicable laws and
regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. The material provided
on USTRC Online is protected by law, including (but not limited to) United States
Copyright Law. USTRC Online is controlled and operated by USTRC from its offices
within the United States; those who choose to access this site from other locations do so
on their own initiative and are responsible for compliance with applicable local
laws.
USTRC Online Service Agreement
The USTRC Online Service Agreement governs the terms and
conditions of use of all USTRC Online services. In order to use USTRC Online Services, you must register
with USTRC and agree to the terms of the User Agreement.
Privacy
USTRC believes strongly in protecting privacy. You
should refer to our Privacy Policy to
fully inform yourself on how USTRC Online uses and collects information.
Copyright Notice and Use Restrictions
All site materials,
including (without limitation) USTRC and USTRC Online logos, designs, text,
graphics, other files, and the selection and arrangement thereof are ALL RIGHTS
RESERVED Copyright ©1999 USTRC Except as stated herein,
none of the material may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical, photocopying, recording,
or otherwise, without the prior written permission of USTRC or the copyright
owner. You may display, copy, distribute and download the
materials on this Site for personal, non-commercial use only, provided you do
not modify the materials and that you retain all copyright and other proprietary
notices contained in these materials. This permission terminates automatically if
you breach any of these terms or conditions. Upon termination, you must
immediately destroy any downloaded and printed materials. You also may not,
without USTRC's permission, "mirror" any material contained on USTRC Online on any
other server. Any unauthorized use of any material contained on USTRC Online may
violate copyright, trademark, privacy, publicity, or regulatory laws or statutes.
Trademarks
Trademarks, service marks, and logos used and displayed
on USTRC Online are registered and unregistered Trademarks of USTRC and others.
Nothing on this site should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any trademark displayed on the site without the written
permission of the trademark owner. The name of USTRC or the USTRC Online logo may
not be used in any way, including advertising or publicity
pertaining to distribution of materials on USTRC Online, without prior written
permission. USTRC prohibits use of any USTRC logo (including the USTRC Online logo)
as a "hot" link to USTRC Online unless establishment of such a link is
approved in advance by USTRC in writing. All other trademarks, registered
trademarks, product names and company names or logos mentioned in the site are
the property of their respective owners. Any questions concerning the use of trademarks
or whether a given trademark is a trademark of USTRC should be referred to USTRC at U.S.
(505) 899-1870. A partial list of U.S. Trademarks and Service Marks owned by USTRC
includes: USTRC, SuperLooper, and USTRC Online.
Licenses and Site Access
USTRC grants you a limited license to make personal use only of USTRC Online and
its services. Such grant does not include, without limitation: (a) any resale or
commercial use of the site or its services, (b) the collection and use of any e-mail
or user information, ratings or listings; (c) making derivative uses of USTRC Online
and its contents; or (d) use of any data mining, robots, or similar data
gathering and extraction methods.
You are granted a limited, non-exclusive right to create a hyperlink to USTRC Online
provided such link does not portray USTRC or any of its products and
services in a false, misleading, derogatory or otherwise defamatory manner. If
you would like to use a USTRC logo to link to this Site, you must obtain prior
written permission from USTRC This limited right may be revoked at any time. You may not use,
frame or utilize framing techniques to enclose any USTRC trademark, logo or other
proprietary information, including the images found at USTRC Online, the content of
any text or the layout/design of any page or form contained on a page without
USTRC’s express written consent. Further, you may not use any meta tags or any
other "hidden text" utilizing a USTRC name, trademark, or product name without
USTRC’s express written consent. Except as noted above, you are not conveyed any
right or license by implication, estoppel, or otherwise in or under any patent,
trademark, copyright, or proprietary right of USTRC or any third party.
USTRC makes no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature or reliability of Web sites
accessible by hyperlink from USTRC Online, or Web sites linking to USTRC Online.
The linked sites are not under the control of USTRC and USTRC is not responsible
for the contents of any linked site or any link contained in a linked site, or
any review, changes or updates to such sites. USTRC is providing these links to
you only as a convenience, and the inclusion of any link does not imply
affiliation, endorsement, or adoption by USTRC of the target site or any information
contained therein.
Submissions
You agree that any materials, including but not
limited to questions, comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information, provided by you in the form
of e-mail or submissions to USTRC, or postings on USTRC Online, are
non-confidential and shall become the property of USTRC USTRC shall own exclusive
rights, including all intellectual property rights, and shall be entitled to the
unrestricted use of these materials for any purpose, commercial or otherwise,
without acknowledgment or compensation to you. The submission of any materials
to USTRC, including the posting of materials to any forum or interactive area,
irrevocably waives any and all "moral rights" in such materials, including the
rights of paternity and integrity. Notwithstanding the foregoing, all personal
data provided to USTRC will be handled in accordance with USTRC's
Privacy Policy. As described more fully below, you are prohibited from posting or transmitting to
or from this site any unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material, or any other
material that could give rise to any civil or criminal liability under the law.
Acceptable Conduct
This Site includes areas for posting of
comments and materials by you and other users, including, without limitation,
listing information, graphics, and user feedback. All such postings must comply
with the USTRC Online Service Agreement and may
not include or describe any item on the Prohibited Items List.
In addition, USTRC Online may include discussion forums or other interactive areas,
including user feedback areas, chat rooms or bulletin boards. Forums and
interactive areas shall be used only for non-commercial purposes in accordance
with the Service Agreement. You agree not to do
any of the following in any posting (including those for any forum or interactive area):
- Upload to, distribute or otherwise publish through USTRC Online any
message, data, information, text or other material ("Content") that is unlawful,
libelous, defamatory, obscene, pornographic, indecent, lewd, harassing,
threatening, harmful, invasive of privacy or publicity rights, abusive,
inflammatory or otherwise objectionable;
- Upload or transmit any Content that would constitute or encourage a criminal
offense, violate the rights of any party, or that would otherwise create
liability or violate any local, state, national, or international law;
- Upload or transmit any Content that may infringe any patent, trademark,
trade secret, copyright or other intellectual or proprietary right of any party.
By posting any Content, you represent and warrant that you have the lawful right
to distribute and reproduce such Content;
- Impersonate any person or entity or otherwise misrepresent your affiliation
with a person or entity; and
- Without USTRC's written permission, distribute or publish unsolicited
promotions, advertising or solicitations for funds, goods or services, including
junk mail and spam.
USTRC takes no responsibility and assumes no liability for any Content posted
or uploaded by you or any third-party, or for any mistakes, defamation, slander,
libel, omissions, falsehoods, obscenity, pornography or profanity you may
encounter. As a provider of interactive services, USTRC is not liable for any
statements, representations, or Content provided by its users in any public
forum or personal home page.
Enforcement
USTRC has the right (but not the obligation) to monitor
any posting, activity and Content associated with USTRC Online. USTRC may investigate
any reported violation of its policies or complaints and take any appropriate
action that it deems appropriate. Such action may include, but is not limited
to, issuing warnings, suspension or termination of service, restricting access
to and/or removal of posted Content. USTRC reserves the right and has absolute
discretion, to remove, screen, deny access or edit any Content that violates
these provisions or is otherwise objectionable. USTRC also reserves the right to
report any activity that it suspects violates any law or regulation to
appropriate law enforcement officials, regulators, or other third parties. In
order to cooperate with governmental requests, to protect USTRC's systems and
customers, or to ensure the integrity and operation of USTRC's business and
systems, USTRC may access and disclose any information it considers necessary or
appropriate, including, without limitation, user profile information (i.e. name,
e-mail address, etc.), network addressing and traffic information, usage history, and
posted Content. USTRC's right to disclose any such information shall govern over
any terms of USTRC Online's Privacy Policy.
Your Indemnification
You shall remain solely liable for the
Content of any posting, messages or other information you upload or transmit to
USTRC, including the discussion forums or interactive areas of USTRC Online. You
agree to indemnify and hold harmless USTRC from any claim, action, demand, loss,
or damages (including litigation fees) made or incurred by any Third-Party
arising out of or relating to your conduct, your violation of these terms and
conditions, or your violation of any rights of a Third-Party.
Third-Party Content & Services
USTRC may provide links to Web
pages and content of third parties ("Third Party Content") as a service to those
interested in this information. USTRC does not monitor nor has any control over
any Third-Party Content or third party Web sites. USTRC does not endorse or adopt
any Third-Party Content and can make no guarantee as to its accuracy or
completeness. USTRC does not represent or warrant the accuracy of any information
contained therein, and undertakes no responsibility to update or review any
Third-Party Content. When leaving USTRC Online, you should be aware that USTRC's
terms and policies no longer govern, and, therefore, you should review the
applicable terms and policies, including privacy and data gathering practices,
of that site. You use these links and Third-Party Content contained therein at
your own risk.
Term of Use Revisions
USTRC may at any time revise these Terms of
Use by updating this posting. By using USTRC Online, you agree to be bound by any
such revisions and should therefore periodically visit this page to determine
the then current Terms of Use to which you are bound.
Disclaimer Warranty
USTRC ONLINE AND ITS SERVICES ARE OFFERED BY USTRC, ITS
AGENTS OR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, AND DELIVERING USTRC ONLINE
AND SERVICES (COLLECTIVELY, "USTRC'S PROVIDERS") "AS IS" WITHOUT ANY
WARRANTY OR CONDITION (EXPRESS OR IMPLIED). USTRC AND USTRC'S PROVIDERS DO NOT
WARRANT THE SERVICE DESCRIBED HEREIN AGAINST FAILURE OF PERFORMANCE INCLUDING,
WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION
SYSTEMS. USTRC'S PROVIDERS DO NOT REPRESENT OR WARRANT THAT MATERIALS ON
USTRC ONLINE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. USTRC AND
USTRC'S PROVIDERS DO NOT REPRESENT OR WARRANT THAT USTRC ONLINE OR ITS SERVER(S)
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY PROVIDED IN
THIS AGREEMENT, USTRC DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE,
ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING USTRC
ONLINE AND SERVICES PROVIDED HEREUNDER, OR ANY PORTION THEREOF, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF
PERFORMANCE OR USAGE IN TRADE.
Limitation of Liability
IN NO EVENT SHALL USTRC AND USTRC'S
PROVIDERS (AS DEFINED ABOVE) BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY,
STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE USTRC ONLINE,
ITS SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH USTRC ONLINE
OR ITS SERVICES, EVEN IF USTRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH WILL SURVIVE ANY
TERMINATION OF THIS AGREEMENT.
Applicable Law and Venue
THESE TERMS OF USE SHALL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT RESORT
TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY
ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS SHALL BE FILED ONLY IN
STATE OR FEDERAL COURTS LOCATED WITHIN THE JURISDICTION OF STEPHENVILLE, TEXAS, AND YOU HEREBY IRREVOCABLY AND
UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS
OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
Termination
Notwithstanding any of these terms and conditions,
USTRC reserves the right, without notice and in its sole discretion, to terminate
your license to use USTRC Online, and to block or prevent future access to and
use of USTRC Online.
