THE STRIPEZONE^sm OFFICIATING WEB SERVICE USER’S LIMITED LICENSE

 

Carefully read the terms and conditions of this limited license agreement (“Limited License”) between you and Davis Internet Consulting, Inc. (“Davis IC”) before continuing to access THE STRIPEZONE^sm OFFICIATING WEB SERVICE.  By continuing to access or use THE STRIPEZONE^sm OFFICIATING WEB SERVICE, you acknowledge that you have read, understand and agree to be bound by the terms and conditions of this Limited License.  If you do not agree to these terms and conditions, do not use this site.  Because Davis IC reserves the right to modify the terms and conditions of this Limited License at any time, please review these terms and conditions on a regular basis.  

 

1.      GRANT OF LICENSE.    Davis IC hereby grants you a Limited License to access and use The StripeZone^sm Officiating Web Service (“The StripeZone Web Service”).  This Limited License allows you access and use of The StripeZone Web Service on a personal computer.

 

2.   RESTRICTIONS.     YOU MAY NOT RENT, LEASE, LOAN, RESELL FOR PROFIT OR DISTRIBUTE ACCESS TO, CREATE DERIVATIVE WORKS BASED UPON, COPY OR TRANSLATE, OR IN ANY WAY EXPLOIT THE CONTENT OF THE STRIPEZONE WEB SERVICE OR ANY PART THEREOF, EXCEPT WHEN EXPRESSLY AUTHORIZED IN WRITING BY DAVIS IC.

 

      YOU MAY NOT USE THE STRIPEZONE WEB SERVICE LOGO FOR ANY PURPOSE WHATSOEVER, NOT EVEN AS A LINK TO THE SITE, UNLESS THE INTENDED USE OF THE LOGO IS APPROVED IN ADVANCE BY DAVIS IC IN WRITING.

 

3.   COPYRIGHT.      The StripeZone Web Service is protected by the copyright laws of the United States and by applicable international treaties.  No rights under copyrights are transferred to you except as specifically provided in this Limited License.  The StripeZone Web Service remains the property of Davis IC.

 

4.   LINKS TO THIRD PARTIES’ SITES.     Davis IC is not responsible for content or policies available on other sites linked to this site.  If you use any links provided on this site to off-site pages, you do so at your own risk.  Davis IC expressly disclaims all responsibility and liability for any damage, loss, or injuries caused by third party goods or services, including displayed content.

 

5.   WARRANTY.        Davis IC warrants that The StripeZone Web Service, when properly used, will perform substantially in accordance with the capabilities offered by The StripeZone Web Service during the Subscription Period purchased by the subscribing Conference Coordinator.  If you are interested in viewing The StripeZone Web Service capabilities, a listing of offered capabilities can be accessed through The StripeZone Web Service.  Davis IC’s entire liability and your exclusive remedy shall be, at Davis IC’s sole option, repair of that portion of The StripeZone Web Service that does not meet this warranty, or return of the Subscription Fees paid, to the subscribing Conference Coordinator. 

 

5.   PRIVACY POLICY.          Davis IC will not use any information about you without your permission, although Davis IC may use e-mail addresses you provide to respond to any communication made to Davis IC or to directly communicate information to you.

 

6.   INFORMATION TRANSMITTED BY USERS.  On occasion, The StripeZone Web Service may provide “chat” areas or other forums where users may participate.  Information and communications posted to these areas and forums, together with any electronic mail or other communications you transmit or post to this site will be treated as non-confidential and non-proprietary.

 

      If you transmit or post anything to this site, you will be granting an exclusive license to Davis IC to use such materials for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.

 

      Davis IC takes no responsibility for the content of any information or communications posted to these areas by third parties.

 

7.   VIOLATIONS OF RULES AND REGULATIONS.          You are prohibited from posting or transmitting to this site any unlawful, threatening, libelous, defamatory, obscene, scandalous or inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under applicable law or international treaty.

 

      Davis IC reserves the right to seek all remedies available at law and in equity, for violations of these terms, including the right to block access from a particular Internet address to this site.

 

8.   NO OTHER WARRANTIES.       SUBJECT TO PARAGRAPH 4 ABOVE, DAVIS IC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE STRIPEZONE WEB SERVICE AND ANY SUPPORT OR OTHER SERVICES PROVIDED WITH RESPECT TO THE STRIPEZONE WEB SERVICE.  NO WARRANTY IS MADE AS TO THE RESULTS OF THE STRIPEZONE WEB SERVICE OR SUPPORT OR THAT THE STRIPEZONE WEB SERVICE’S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. 

 

9.   LIMITATION OF LIABILITY.           FOR PURPOSES OF THE LIMITATIONS OF LIABILITY SET FORTH IN THIS PARAGRAPH, “DAVIS IC” SHALL BE DEEMED TO INCLUDE ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS OF ALL OF THEM.  DAVIS IC MAKES NO GUARANTEES, PROMISES OR OTHER REPRESENATIONS REGARDING, AND SHALL NOT BE LIABLE FOR, THE ACCURACY OR COMPLETENESS OF ANY DATA OR OTHER INFORMATION CONTAINED OR ENTERED INTO THE STRIPEZONE WEB SERVICE, OR FOR THE RELIANCE BY ANY USER, TO SUCH USER’S DETRIMENT, ON ANY DATA OR OTHER INFORMATION ENTERED INTO THE STRIPEZONE WEB SERVICE. 

 

DAVIS IC SHALL NOT BE LIABLE FOR THE CORRUPTION OR ERASURE OF ANY DATA OR OTHER INFORMATION ENTERED INTO THE STRIPEZONE WEB SERVICE AS A RESULT OF. INCLUDING BUT NOT LIMITED TO, SERVER SOFTWARE FAILURE, SERVER HARDWARE FAILURE, DATABASE FILE CORRUPTION, DATABASE SECURITY INFILTRATION, TRANSACTION FAILURE, NETWORK OR OTHERWISE, ANY AND ALL ACTS OF GOD, EXPLOSIONS, POWER BLACKOUTS, WARS, WATER, LABOR DISPUTES, RIOTS, THEFTS, ACTS OF THE PUBLIC ENEMY, ACCIDENTS, ACTS OF GOVERNMENT, ACTS OR OMISSIONS OF USER, THIRD PARTIES, OR ANY COMMUNICATION CARRIERS, OR FAILURE OF ANY PERSONAL COMPUTER OR OTHER ACCESS TO THE STRIPEZONE WEB SERVICE, OR ANY OTHER CAUSE BEYOND REASONABLE CONTROL OF DAVIS IC, WHETHER OR NOT SIMILAR TO THE FOREGOING.

 

DAVIS IC’S SUPPLIERS SHALL NOT BE LIABLE FOR DIRECT DAMAGES, AND NEITHER DAVIS IC NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE STRIPEZONE WEB SERVICE, EVEN IF DAVIS IC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DAVIS IC’S TOTAL LIABILITY, IF ANY, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE SUBSCRIPTION FEES PAID FOR ACCESS AND USE OF THE STRIPEZONE WEB SERVICE.  THE FOREGOING RESTRICTIONS, DISCLAIMERS AND LIMITATIONS SHALL APPLY AND REMAIN IN FORCE EVEN IN THE EVENT OF A BREACH BY DAVIS IC OF A FUNDAMENTAL TERM OR CONDITION HEREUNDER, OR IN THE EVENT OF A BREACH THAT CONSTITUTES A FUNDAMENTAL BREACH.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

10. MISCELLANEOUS.         Either party may terminate this Agreement if the other party breaches any of its obligations hereunder and such breach is not cured within 30 days after written notice.  Upon termination, your access to The StripeZone Web Service shall also be terminated.  This Agreement constitutes the complete agreement between the parties with respect to The StripeZone Web Service and is governed by the laws of the State of Washington.  If any provision of this Agreement is held to be unenforceable, such provision shall be limited, modified or severed as necessary to eliminate its unenforceability, and all other provisions shall remain unaffected. The failure or delay of either party to exercise any of its rights shall not be deemed a waiver thereof, and no waiver, by either party, of any breach shall constitute a waiver of any other or subsequent breach.