Mark F Herbert & Associates

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Terms of Use

The use of the web site (the "Web site") is subject to the terms and conditions stated herein and to the terms set by the Site Owner (Mark F. Herbert & Associates, Inc.) located at www.markherbert.com. Use of the Web Site constitutes an agreement by you, the user, that your use is governed by these terms and conditions as set forth herein. You are responsible for regularly reviewing this Agreement.

DISCLAIMER OF WARRANTY
THE WEB SITE IS PROVIDED "AS-IS" AND "WITH ALL FAULTS". EXCEPT AS EXPRESSLY STATED IN THE MATERIAL CONTAINED ON THE WEB SITE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE OWNER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, PERFORMANCE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, OR THE RESULTS OBTAINED WITH REGARD TO THE WEB SITE, ANY BIO-SAFE PRODUCT FOUND THEREON OR ANY MATERIAL CONTAINED ON THE WEB SITE, THE SITE OWNER DOES NOT WARRANT THAT THE WEB SITE IS FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.>

LIMITATION OF LIABILITY
SITE OWNER SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, ECONOMIC, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON ANY USE OF THE WEB SITE. USE OF THE WEB SITE AND THE MATERIAL THEREON IS AT YOUR OWN DISCRETION AND RISK AND TO THE MAXIMUM EXTENT ALLOWED BY LAW ARISING THEREFROM. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

Indemnity
You will indemnify, defend and hold harmless Site Owner its officers, directors, employees and agents (each, an "Indemnified Party") from and against any and all claims, demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever (collectively, "Damages") incurred by any Indemnified Party arising out of, in connection with or resulting from (i) your use of the Web Site or (ii) your breach of this agreement.

Ownership of Intellectual Property
Unless otherwise expressly stated, all intellectual property rights, of any kind whatsoever, contained on the Web Site are the property of the Site Owner and include but are not limited to copyrights, trademarks, trade dress, patents, inventions, discoveries, processes, ideas, concepts, names, works, phrases, logos, designs, or other graphic depictions (Intellectual Property Rights). No right or license is granted by the terms of this agreement to User under any Intellectual Property Right.

Appropriate Conduct and Prohibited Uses
You agree that you are solely responsible for your own conduct and use of any content located on the Web site and for any consequences thereof. By way of example, and not as a limitation, You agree that when using the Web Site, You will not:

Infringe upon, harm, contest, or in any way diminish the Intellectual Property Rights;
Assert any ownership interest in or property right to any Intellectual Property Rights;
Adopt or use as a trademark, service mark, symbol, corporate name, or trade dress any trademarks or names, or any word, symbol, picture, or combination thereof, that is confusingly similar to any Intellectual Property Right;
Register or attempt to register any Intellectual Property Right as a trademark, service mark, trade name, corporate name, copyright or otherwise;
Alter, modify, or otherwise tamper in any way with the Intellectual Property Rights;
Copy, reproduce, modify, use, republish, upload, post, publish, license, create derivative works from, transmit or distribute in any way material from the Web Site without express written permission;
Upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content on the Web Site;
Restrict or inhibit any other user from using and enjoying the Web Site;
Interfere with or disrupt services or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;
Use any robot, spider, site search/retrieval application, or other device to retrieve or index any potion of the Web site or collect information about users for any purpose;
Upload, post, email or transmit or otherwise make available any content that falsely expresses or implies that such content is sponsored or endorsed by the Site Owner;
Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive natures; or
Solicit any of the individuals or companies listed on the Web Site for purposes of selling to those companies or individuals products or services.

Web Site Security
You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. The Site Owner will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Governing Law
This agreement shall be construed and governed by the State of Oregon, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Oregon in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give the effect to all provisions of these terms and conditions, including without limitation this paragraph.