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This Agreement describes
your responsibilities and limits our liability, among other things.
Please read it carefully before submitting a registration form or
using goguenarch.com.
1. Scope of Agreement.
1.1 Definition of "goguenarch.com".
"goguenarch.com" means goguenarch's proprietary service,
which may include downloadable files, online e-commerce, information
services, bidding, and online collaboration and which is made
available to subscribers by goguenarch (at its discretion) at a URL with
the domain name www.goguenarch.com.
1.2 Entire Agreement; Modification. This
Agreement constitutes the entire agreement between Subscriber and
goguenarch with respect to goguenarch.com, and supersedes all prior
agreements or previous discussions (written or oral) between
Subscriber and goguenarch. This Agreement may be modified only by a
signed agreement, or as follows. goguenarch may modify this Agreement by,
10 days before the new terms and conditions are to become effective,
both (a) posting the new terms and conditions in the same location as
the previous terms and conditions were posted, and (b) informing
Subscriber of the modification through a general notice either posted
on the goguenarch.com site or individually directed to you. If Subscriber
continues to use goguenarch.com, then Subscriber will be considered to
have accepted the modifications.
1.3 Additional Terms for Additional Services.
Certain services in addition to those described in this Agreement may
be available as part of, or through goguenarch.com. These services
include services provided by goguenarch and by third parties
("Partners"), and may be subject to terms and conditions in
addition to those in this Agreement, which terms and conditions are
available on registering for or subscribing to the service. Such terms
and conditions are in addition to the terms and conditions of this
Agreement, and apply only to that Partners service or content
unless explicitly stated otherwise. Should an additional service be
made available on goguenarch.com without additional Terms, these terms
shall apply.
Partner Terms and Conditions for any services
provided with goguenarch.com registration shall be made available through
the goguenarch.com site. All other partner Terms and Conditions are
available on their respective sites and are applicable should you
choose to use their service(s).
2. Registration and Subscriber Information.
2.1 Registration. To subscribe to
goguenarch.com, you must submit a complete goguenarch.com registration
form on behalf of the entity subscribing to
goguenarch.com ("Subscriber"). By submitting a registration
form, you represent and warrant (a) that you are 18 years of age or
over, (b) that Subscriber is (i) signing up as an individual, (ii) is
a sole proprietorship or (iii) that you are authorized to sign for and
bind the Subscriber; (c) the information on the registration form is
current, complete and accurate. Subscriber must update that
registration information to ensure that it continues to be current,
complete and accurate. goguenarch reserves the right to accept or reject
subscriber registrations for goguenarch
2.2 Privacy Policy; No Breach of Privacy. For
goguenarch to make goguenarch.com and all of its features and functions
available, goguenarch may collect information about Subscriber and
Subscriber's use of goguenarch.com, including the information identified
in goguenarch's privacy
policy ("Subscriber Information").
Subscriber acknowledges and agrees that goguenarch's collection and use
of Subscriber Information as set forth in the privacy policy, and
goguenarch's operation and provision of goguenarch.com, as contemplated in
this Agreement, is not a breach of Subscriber's right of privacy,
publicity, or any other right related to protection of personal data,
whether in equity, law, contract or otherwise. Subscriber hereby
waivers any and all such claims or rights of action, whether foreseen
or unforeseen, so long as the Subscriber Information is collected,
stored and used in accordance with goguenarch's privacy policy, or in the
case of our Partners, our Partners privacy policy.
3. Use of goguenarch.com.
3.1 Access to goguenarch.com; User Names and
Passwords. Upon acceptance of Subscriber's registration form,
goguenarch shall provide to Subscriber a user name and password. Upon
Subscriber's receipt of that user name and password, goguenarch authorizes Subscriber to access and use
goguenarch.com subject to the
terms and conditions of this Agreement. Subscriber shall maintain the
confidentiality of any user name and password. If there is a breach of
the confidentiality of a password or user name assigned to Subscriber,
or any breach of security through Subscriber's account, then
Subscriber shall so notify goguenarch customer services immediately by
contacting goguenarch at webmaster@goguenarch.com
3.2 Permitted Uses. Subscriber may use
goguenarch.com in accordance with this Agreement, including
goguenarch's
"Acceptable Use Policy", which is available at the
end of this Agreement. Subscriber shall use goguenarch.com only for
Subscriber's internal business use. Subscriber shall not use
goguenarch.com to perform research, project management, hosting or any
other services on behalf of any third parties. With respect to
information available on goguenarch.com, Subscriber may (i) view that
information, and (ii) print that information for use in accordance
with this Agreement, so long as those copies are distributed only to
Subscriber's employees and so long as all copyright, trademark and
other proprietary rights notices are included on those copies. Except
as specifically permitted above, Subscriber shall not (i) reproduce or
distribute any information available through goguenarch.com,
electronically or otherwise or (ii) store or aggregate that
information. Subscriber shall not share, rent or sublicense any of its
rights under this Agreement to any other party.
Any unauthorized use of the content of this web site
will be pursued to the full extent of law, including
the imposition of civil and criminal penalties
3.3 Use Prohibitions. No part of the goguenarch.com site may be reproduced or transmitted or sold in any form
or by any means, electronic or mechanical, including photocopying,
recording, or by any information storage and retrieval system, without
permission in writing from goguenarch.com or its Partners. No information
on goguenarch.com may be used to compete directly or indirectly with
goguenarch.com. Any unauthorized use will be pursued to the full extent
of law, including the imposition of civil and
criminal penalties.
3.3 Reliability of Information on and Links from
goguenarch.com. Information available on or through goguenarch.com is
routinely updated, and goguenarch uses reasonable efforts to ensure that
such information is reliable. However, Subscriber understands and
acknowledges that goguenarch does not control the posting or content of
all the information, nor will it verify the timeliness or content of
that information. goguenarch expressly disclaims any responsibility or
liability for any third party information on goguenarch.com, or any third
party information or services available through a link from
goguenarch.com. Subscriber acknowledges and agrees that goguenarch does not
endorse and is not responsible or liable for any content, advertising,
products or other materials or data on or available from other World
Wide Web sites or related resources, or for any damage or loss caused
or alleged to be caused through or in connection with use of or
reliance on the content, goods or services available on or through any
such link, site or resource. goguenarch disclaims any and all liability
that may be claimed arising out of reliance upon the information
presented on the goguenarch.com site.
3.4 Modification and Availability of goguenarch.com.
Subscriber understands and acknowledges that goguenarch may periodically
update goguenarch.com, and that those modifications may create
substantial differences in how goguenarchw.com operates or the features
that it offers. goguenarch will use reasonable efforts to determine the
source of any outage or unavailability of goguenarch. However,
Subscriber understands that the availability of goguenarch.com depends on
many factors, including Subscriber's connection to the Internet, the
availability of the Internet and the Internet backbone, and equipment
that, by its nature, is not fault tolerant.
4. Submitted Information.
4.1 Responsibility for Submitted Information;
Warranty. Subscriber is solely responsible for the content of any
comments, information, questions, data, feedback, ideas, descriptions
of processes, or other information submitted to goguenarch through
goguenarch.com ("Submitted Information"). For any and
all Submitted Information, Subscriber shall obtain any and all
licenses to, or releases of intellectual or proprietary rights
subsisting in that Submitted Information, consistent with the uses of
Submitted Information described in this Agreement, before delivery to
goguenarch. Further, Subscriber warrants that the Submitted Information
will not contain content that is libelous, obscene, excessively
violent, scandalous or defamatory, and that the Submitted Information
will not contain content that violates the personal, proprietary, or
intellectual property rights of any third party.
4.2 goguenarch's Right to Remove or Disable Access.
If goguenarch is made aware of Submitted Information that may be (i)
libelous, obscene, excessively violent, scandalous, defamatory, or
otherwise unacceptable, undesirable, or objectionable, or (ii) a
violation of any law, regulation, or rights of a third party,
including, but not limited to, rights under the copyright law and
prohibitions on libel, slander and invasion of privacy, then
goguenarch has the right, but not the obligation, to remove or disable access to
that Submitted Information. For Submitted Information that Subscriber
reasonably deems to be in violation of law, goguenarch shall remove such
Submitted Information upon Subscriber's written request. Subscriber
hereby acknowledges that goguenarch will not be liable to Subscriber for
any action goguenarch takes to remove or to disable or restrict access to
such Submitted Information.
5. Proprietary Rights.
Content contained in sponsor advertisements or
information presented to you through the service or advertisers is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. As between Subscriber and goguenarch,
goguenarch shall retain and own all right, title and interest in
goguenarch.com, and all worldwide copyright, trademark, service mark,
trade secret, trade name, patent and other intellectual property or
other rights in and to every component of goguenarch.com. Except as
expressly permitted in this Agreement, Subscriber has no rights to use
goguenarch.com. All rights not expressly granted herein are reserved to
goguenarch.
6. Warranty Disclaimer.
SUBSCRIBER'S USE OF GOGUENARCH.COM IS ENTIRELY AT
SUBSCRIBER'S OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS
AGREEMENT, GOGUENARCH.COM IS PROVIDED AS IS, WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. GOGUENARCH AND ALL OF
ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO GOGUENARCH.COM, (INCLUDING INFORMATION
AVAILABLE THROUGH GOGUENARCH.COM) WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
WITHOUT LIMITING ANY OF THE FOREGOING, GOGUENARCH DOES NOT REPRESENT OR
WARRANT THAT GOGUENARCH.COM, OR ANY COMPONENT THEREOF, WILL BE
UNINTERRUPTED, ACCURATE, COMPLETE, ERROR-FREE, VIRUS-FREE OR AVAILABLE
AT ANY TIME. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY GOGUENARCH,
ITS EMPLOYEES OR REPRESENTATIVES WILL CREATE A WARRANTY; SUBSCRIBER
SHALL NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
7. Limitation of Liability.
7.1 No Consequential Damages. UNDER NO
CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL GOGUENARCH OR ANY OF ITS
LICENSORS OR SUPPLIERS BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF
USE, LOST PROFIT, LOSS OF DATA OR ANY OTHER INDIRECT, INCIDENTAL,
EXEMPLARY, PUNITIVE, RELIANCE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR
FOR DAMAGES OF ANY KIND HOWEVER CAUSED UNDER ANY THEORY OF LIABILITY,
INCLUDING WITHOUT LIMITATION THOSE DAMAGES THAT ARISE OUT OF OR ARE
RELATED TO (1) FAULTS IN GOGUENARCH.COM, (2) THE SUSPENSION, TERMINATION
OR INABILITY TO USE GOGUENARCH.COM, OR (3) ANY INACCURACIES OR OMISSIONS
IN THE INFORMATION AVAILABLE AS PART OF GOGUENARCH.COM. THE FOREGOING
LIMITATION APPLIES WHETHER OR NOT GOGUENARCH HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES.
Acceptable
Use Policy
You agree to not use goguenarch.com to:
- upload, post or otherwise transmit any data or
content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
- upload, post or otherwise transmit any content
that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party;
- upload, post or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation;
- upload, post or otherwise transmit any material
that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
- interfere with or disrupt goguenarch.com or servers
or networks connected to goguenarch.com, or disobey any requirements,
procedures, policies or regulations of networks connected to
goguenarch.com;
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