1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
Doug-Danielson.com ("DOUG DANIELSON"), owned and operated by Douglas Allen Danielson, is provided to you ("Viewer") under the terms and conditions of this DOUG DANIELSON Terms of Service (DOUG DANIELSON TS). The DOUG DANIELSON TS comprises the entire agreement between Viewer and Douglas Allen Danielson. BY COMPLETING THE REGISTRATION PROCESS FOR ANY SERVICE, OR VIEWING ANY PAGE OF Doug-Danielson.COM, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE DOUG DANIELSON TS.
2. DESCRIPTION OF SERVICE
DOUG DANIELSON provides Viewers with information on various products and services available from Douglas Allen Danielson. Some of these services will be free of charge, others may cost money or have other requirements. The requirements or fees for any service or option will be clearly explained and separately agreed to when Viewer implements those options, if any. Viewer must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access.
3. MODIFICATIONS TO TERMS OF SERVICE
Douglas Allen Danielson may change the terms and conditions of the DOUG DANIELSON TS from time to time. You should check this DOUG DANIELSON TS from time to time. If you do not agree to the changes, you should terminate your use of the Service at that time.
Viewer's continued use of the Service constitutes an affirmative: (1) acknowledgment by Viewer of the DOUG DANIELSON TS and DOUG DANIELSON TS modifications; and (2) agreement by Viewer to abide and be bound by the DOUG DANIELSON TS and DOUG DANIELSON TS modifications.
4. MODIFICATIONS TO SERVICE
Douglas Allen Danielson reserves the right to modify or discontinue any of its Products or Service with or without notice to Viewer. Douglas Allen Danielson shall not be liable to Viewer or any third party should Douglas Allen Danielson exercise the DOUG DANIELSON TS right to modify or discontinue a Product or Service.
All information entered into DOUG DANIELSON by Viewer is private to Viewer except to the extent that he or she opts to share that information with other DOUG DANIELSON Viewers, though DOUG DANIELSON or otherwise.
It is Douglas Allen Danielson's policy to respect the privacy of Viewers. Douglas Allen Danielson will not monitor, edit, or disclose the contents of a Viewer's information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Douglas Allen Danielson; (2) protect and defend the rights or property of Douglas Allen Danielson; or (3) act under exigent circumstances to protect the personal safety of DOUG DANIELSON TS Viewers; (4) fix or debug problems with the DOUG DANIELSON software/service.
6. CONTENT OWNERSHIP
Unless stated otherwise for specific services, Douglas Allen Danielson will retain copyright ownership and all related rights for information that is published through DOUG DANIELSON or otherwise entered into DOUG DANIELSON-related services.
7. DISCLAIMER OF WARRANTIES
VIEWER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT VIEWER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Douglas Allen Danielson EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Douglas Allen Danielson MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
VIEWER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT VIEWER'S OWN DISCRETION AND RISK AND THAT VIEWER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO VIEWER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Douglas Allen Danielson MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY VIEWER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. LIMITATION OF LIABILITY
Douglas Allen Danielson SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. NO RESALE OF THE SERVICE
Viewer agrees not to resell any Service, without the express consent of Douglas Allen Danielson.
Viewer agrees to indemnify and hold Douglas Allen Danielson, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Viewer's use of the Service, the violation of this DOUG DANIELSON TS by Viewer, or the infringement by Viewer, or other user of the Service using Viewer's computer, of any intellectual property or other right of any person or entity.
11. PROPRIETARY RIGHTS TO CONTENT
Viewer acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either DOUG DANIELSON or email-distributed, commercially produced information presented to Viewer by the Service ("Content") by Douglas Allen Danielson, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Viewer is only permitted to use this Content as expressly authorized by the Douglas Allen Danielson. viewer may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by Douglas Allen Danielson.
The DOUG DANIELSON TS shall be governed by and construed in accordance with the laws of Mexico, excluding DOUG DANIELSON TS conflict of law provisions.
Viewer and Douglas Allen Danielson agree to submit to the exclusive jurisdiction of the courts of Mexico. If any provision(s) of the DOUG DANIELSON TS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Douglas Allen Danielson's failure to exercise or enforce any right or provision of the DOUG DANIELSON TS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Douglas Allen Danielson in writing.
Viewer and Douglas Allen Danielson agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the DOUG DANIELSON TS are solely used for the convenience of the parties and have no legal or contractual significance.
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