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Web Site Terms of Use Agreemnt

 

ROCKinsights™ User Agreement
 
Below is the Web Site Usage Agreement (“Agreement”) for the ROCKinsights.com™ Web Site (“Web Site”).  The Agreement is posted here for your reference.  Violation of any terms of this Agreement may constitute grounds for action by Sound Insights, Inc. (the “Company”) to protect its Service Marks, Copyrights and other Intellectual Property rights.  This Agreement is posted here for your reference, and may be updated or amended by the Company at any time.  You are responsible for checking for updates to the Agreement.
 
 Use of any content on the Web Site, including but not limited to text, information, graphics and images (the “Content”) is subject to terms and conditions of this Agreement.  By using the Web Site, you agree to abide by and be bound by all terms and conditions of this Agreement.  If you do not agree to abide by and be bound by all terms and conditions of this Agreement, you should not use the Web Site.
 
 Web Site Usage Agreement
 
Commercial use of portions of this Web Site is limited to licensed third parties and subject to terms and conditions of a third party licensing contract.  Links to the Web Site are permitted under specific linking permissions.  All other use is restricted to personal reference and is subject to the following terms:
 
 The Content is owned by the Company and/or third party content sources (the “Content Providers”), and are protected by service mark, copyright and intellectual property laws.  By using the Web Site you acknowledge this and agree to respect the proprietary rights of the Company and the Content Providers by not using or facilitating another party’s use of the Content without the express written permission of the respective owner’s permission.  Each Content Provider is entitled to enforce proprietary rights against unauthorized use of any of their content or materials by any user of the Web Site.
 
 Duplication, distribution, retransmission, or broadcast of the Web Site, or any portion thereof, is prohibited under terms of this Agreement without the express written permission of the Company.
 
The Company reserves the right, without notice, to: a) modify the terms of this Agreement; or b) change or discontinue the Web Site (or any feature or portion thereof).  Your accessing, viewing, browsing and/or using the Web Site after the Company posts changes to this Agreement constitutes your acceptance and agreement to those changes, whether or not you have actually reviewed them.
 
By using the Web Site you agree not to engage in any activity that interferes with the efficient functionality of the Web Site.  This includes the use of any computer code, software, device or activity that corrupts content, limits access or reduces the efficient operation of the Web Site. 
 
Warranties Disclaimer
 
The Company and its Content Providers offer the Web Site “as is” and disclaim all warranties of any kind, whether expressed or implied, including but not limited to warranties of title, warranties regarding the accuracy of the Content, warranties regarding protection from viruses or damaging code, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property related to this Web Site.  The Company does not warrant that use of the Web Site will be uninterrupted or error-free.  The Company makes no representation that the Content is applicable or appropriate for use in locations outside of the United States.  You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
 
 Third Party Content, Links and Information
 
Third party content of any type on the Web Site, including but not limited to any site that may be link to from the Web Site, (“Third Party Content”) is provided as a service and convenience to you.  You agree and understand that the Company a) makes no representations or warranties about the provider of such Third Party Content (the “Provider”), its goods or services, or the Third Party Content, and b) does not endorse the Third Party Content, the Provider, or its goods or services.  
 
Unless expressly noted, The Company does not endorse products or services offered by advertisers on this site. User assumes sole responsibility for reviewing the terms of sponsors before committing to any purchase or other transaction. 
 
 
Third parties may place and read cookies on your browser, or utilize web beacons to collect information in the course of serving ads to the Web Site.
 
Links to Website
 
Other sites may link without prior permission to the Web Site’s home page only through a plain-text link.  Permission to link to this web site is given without assumption of any liability. Sound Insights, Inc. reserves the right to withdraw permission granted to link to this web site at any time and for any reason. Permission for any other type of link must be obtained in advance from the Company. Any such link to the Web Site (a) must not create a frame, browse or border environment around any of the content of the Web Site; (b) shall not use the Company’s trademarks without the prior written permission of the Company and (c) must not contain content that the Company in its sole discretion construes as distasteful, offensive, obscene or controversial.
 
Limitation of Liability
 
The Company and its Content Providers will not be liable for any damages of any kind arising from your use of the Web Site or from any information content, material or services included on or otherwise made available to you through this Web Site, including but not limited to direct, indirect, punitive, incidental, consequential or special damages or lost profits.  Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, liability in these states is limited to the fullest extent permitted by law.
 
Termination of Usage and Indemnification
 
You agree to use the Web Site only as authorized by this Agreement and for lawful purposes.  The Company may terminate your access or suspend your right to access to all or part of the Web Site, without notice, for any conduct that the Company, in its sole discretion, believes is in violation of any applicable law, is in breach of this Agreement or is harmful to the interests of other users, the Company or its affiliates.  You agree to indemnify and hold harmless the Company and its Content Providers from and against any claim of liability, loss or charges of any kind related to your use of the Web Site, your connection to the Web Site, your violation of this Agreement or your violations of any rights of another.  
 
Copyright and Intellectual Property
 
The Company strives to respect the intellectual property rights of others and requires that web site users do the same.  If you believe that your materials or content has been copied and used on the web site in a manner that constitutes copyright infringement, please notify The Company at the address below.  Include detailed description of the location and context of the alleged infringement and a  statement signed by you, under penalty of perjury, verifying that you are the copyright owner or are legally authorized to act on behalf of the copyright owner.
 
 
Legal Resolution
 
You understand and agree that any claim resulting from your use of the Web Site in accordance with conditions for its use stipulated in this Agreement shall be settled by binding arbitration in accordance with applicable rules of the American Arbitration Association. 
 
The Company and Content Providers reserve the right to initiate legal action, including recovery of any legal costs associated with enforcing such claim, against any user or party believed to have breached any term of this Agreement.
 
Severability
 
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event that any provision of this Agreement is determined to be invalid, unenforceable or otherwise illegal, such provision shall be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the Parties, and the remainder of the Agreement shall be in full force and effect.
 
Applicable Law
 
If you access the Web Site from anywhere in the United States or Canada, you agree that the laws of the State of New York, USA, without regard to principles of conflict of laws, will govern this Web Site Usage Agreement and any dispute of any sort that might arise between you and us and/or our affiliates.
 
Disclosures
 
This Agreement was last updated on May 18, 2009.
 
This Agreement and/or any applicable provisions of this Agreement may be assigned or transferred by the Company to a third party at any time without notice to you.
 
The service and administration of the Web Site is provided by the Company, located at
Box 367 Barneveld, New York 13304.
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