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By
accessing this site, users agree to the following terms and
conditions.
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| 1.
General |
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| 1.1 This agreement governs your use of the
MyPFDCheck.com site and related Internet information service
(the "Service"), which is operated by MyPFDCheck. Additional
terms and conditions of use applicable to specific areas of
the Service may also be posted in such areas and, together with
this agreement, govern your use of those areas. This agreement,
together with any such additional term and conditions, are referred
to as this "Agreement." |
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| 1.2 MyPFDCheck reserves the right, in its
discretion, to change or modify all or any part of this Agreement
at any time, effective immediately upon notice published on
the Service. Your continued use of the Service constitutes your
binding acceptance of these terms and conditions, including
any changes or modifications made by MyPFDCheck as permitted
above. If at any time the terms and conditions of this Agreement
are no longer acceptable to you, you should immediately cease
all use of the Service. |
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| 2.
Use of Content |
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| 2.1 You acknowledge that the Service contains
information, software, photographs, audio and video clips, graphics,
links and other material (collectively, the "Content") that
are protected by copyright, trademark or other proprietary rights
of MyPFDCheck or third parties. All Content on the Service is
copyrighted as a collective work of MyPFDCheck pursuant to applicable
copyright law. You agree to comply with any additional copyright
notices, information, or restrictions contained in any Content
available on or accessed through the Service. Users of the Service
may use the Content only for their personal, noncommercial use.
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| 2.2 You may not modify, publish, transmit,
transfer or sell, reproduce, create derivative works from, distribute,
perform, display, or in any way exploit any of the Content,
in whole or in part, except as expressly permitted in this Agreement.
Content consisting of downloadable software may not be reverse
engineered unless specifically authorized by the owner of the
software's patent and/or copyright. You may post on the Service
any Content owned by you (such as your original statements),
Content for which you have received express permission from
the owner and Content in the public domain. You assume all risk
and responsibility for determining whether any Content is in
the public domain. You grant to MyPFDCheck the right to edit,
copy, publish, distribute, translate and otherwise use in any
medium any Content that you place on the Service without compensation
to you. You represent and warrant that you are authorized to
grant all rights set forth in the preceding sentence. |
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| 2.3 You may download or copy the Content
only for your own personal use, provided that you maintain all
copyright and other notices contained in such Content. You shall
not store electronically any significant portion of any Content.
Except as expressly permitted by the copyright laws, no copying,
storage, redistribution or publication of any Content is permitted
without the express permission of MyPFDCheck or the owners of
such Content or their authorized persons, if other than MyPFDCheck.
You may download from the Service any Content in the public
domain for your own personal use or for non-commercial redistribution.
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| 3.
Rules of Conduct |
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| You shall not post on the Service any Content
which (a) is libelous, defamatory, obscene, pornographic, abusive,
harassing or threatening, (b) contains viruses or other contaminating
or destructive features, (c) violates the rights of others,
such as Content which infringes any copyright, trademark, patent,
trade secret or violates any right of privacy or publicity,
or (d) otherwise violates any applicable law. You may not post
on the Service any links to any external Internet sites that
are obscene or pornographic. You shall not use the Service for
any commercial purpose, to distribute any advertising or solicitation
of funds or goods and services or to solicit users to join competitive
online services. |
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| 4.
Indemnity |
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| You agree to indemnify, defend and hold MyPFDCheck
and its affiliates, and their respective officers, directors,
owners, agents, information providers and licensors (collectively,
the " MyPFDCheck Parties") harmless from and against any and
all claims, liability, losses, costs and expenses (including
attorneys' fees) incurred by any MyPFDCheck Party in connection
with any use or alleged use of the Service. MyPFDCheck reserves
the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with MyPFDCheck's
defense of such claim. |
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| 5.
Termination of Service |
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| MyPFDCheck reserves the right, in its sole
discretion, to restrict, suspend or terminate access to all
or any part of the Service, at any time for any reason without
prior notice or liability. MyPFDCheck may change, suspend or
discontinue all or any aspect of the Service at any time, including
the availability of any feature, database, or Content, without
prior notice or liability. |
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| 6.
Disclaimer of Warranties; Limitation of Liability |
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| 6.1 NEITHER MyPFDCheck NOR ANY PROVIDER OF
THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES MyPFDCheck,
ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS
MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE
OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE
DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF MyPFDCheck,
THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE
ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES
SOLD THROUGH THE SERVICE. NEITHER MyPFDCheck NOR ANY THIRD PARTY
CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING
THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION
OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE
ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY
YOU. |
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| 6.2 NEITHER MyPFDCheck, ANY THIRD PARTY CONTENT
PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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| 6.3 SOME STATES DO NOT ALLOW EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF MyPFDCheck,
THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL
BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. |
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| 7.
Miscellaneous |
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| This Agreement shall be construed in
accordance with the laws of the State of Alaska, and the parties
irrevocably consent to bring any action to enforce this Agreement
in the federal or state courts located in Anchorage, AK. This
Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof, and supersedes
all previous written or oral agreements between the parties
with respect to such subject matter. If any inconsistency
exists between the terms of this agreement and any additional
terms and conditions posted on the Service, such terms shall
be interpreted as to eliminate any inconsistency, if possible,
and otherwise, the additional terms and conditions shall control.
Certain sections of this Agreement shall survive any termination
of this Agreement as well as any other provisions, which by
their terms or sense are intended to survive.
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