TERMS OF USE
AGREEMENT BETWEEN USER AND Kokopelli Suites
The Kokopelli Suites Web Site is comprised of various Web
pages operated by Kokopelli Suites.
The Kokopelli Suites Web Site is offered to you conditioned
on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the Kokopelli
Suites Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Kokopelli Suites reserves the right to change the terms,
conditions, and notices under which the Kokopelli Suites
Web Site is offered, including but not limited to the charges
associated with the use of the Kokopelli Suites Web Site.
LINKS TO THIRD PARTY SITES
The Kokopelli Suites Web Site may contain links to other
Web Sites ("Linked Sites"). The Linked Sites are
not under the control of Kokopelli Suites and Kokopelli
Suites is not responsible for the contents of any Linked
Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site.
Kokopelli Suites is not responsible for webcasting or any
other form of transmission received from any Linked Site.
Kokopelli Suites is providing these links to you only as
a convenience, and the inclusion of any link does not imply
endorsement by Kokopelli Suites of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Kokopelli Suites Web Site,
you warrant to Kokopelli Suites that you will not use the
Kokopelli Suites Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You
may not use the Kokopelli Suites Web Site in any manner
which could damage, disable, overburden, or impair the Kokopelli
Suites Web Site or interfere with any other party's use
and enjoyment of the Kokopelli Suites Web Site. You may
not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided
for through the Kokopelli Suites Web Sites.
USE OF COMMUNICATION SERVICES
The Kokopelli Suites Web Site may contain bulletin board
services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the
public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services
only to post, send and receive messages and material that
are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and
publicity) of others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material
protected by intellectual property laws (or by rights
of privacy of publicity) unless you own or control the
rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or
any other similar software or programs that may damage
the operation of another's computer.
- Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Service
specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes
or chain letters.
- Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot
be legally distributed in such manner.
- Falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels
of the origin or source of software or other material
contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying
the Communication Services.
- Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others,
including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Kokopelli Suites has no obligation to monitor the Communication
Services. However, Kokopelli Suites reserves the right to
review materials posted to a Communication Service and to
remove any materials in its sole discretion. Kokopelli Suites
reserves the right to terminate your access to any or all
of the Communication Services at any time without notice
for any reason whatsoever.
Kokopelli Suites reserves the right at all times to disclose
any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials,
in whole or in part, in Kokopelli Suites's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. Kokopelli Suites does not control or endorse the
content, messages or information found in any Communication
Service and, therefore, Kokopelli Suites specifically disclaims
any liability with regard to the Communication Services
and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized
Kokopelli Suites spokespersons, and their views do not necessarily
reflect those of Kokopelli Suites.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination.
You are responsible for adhering to such limitations if
you download the materials.
MATERIALS PROVIDED TO Kokopelli Suites OR POSTED
AT ANY Kokopelli Suites WEB SITE
Kokopelli Suites does not claim ownership of the materials
you provide to Kokopelli Suites (including feedback and
suggestions) or post, upload, input or submit to any Kokopelli
Suites Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are
granting Kokopelli Suites, its affiliated companies and
necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of
your Submission, as provided herein. Kokopelli Suites is
under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in Kokopelli
Suites's sole discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as
described in this section including, without limitation,
all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE Kokopelli Suites WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. Kokopelli
Suites AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE Kokopelli Suites WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE Kokopelli Suites WEB SITE SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
Kokopelli Suites AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE Kokopelli Suites WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. Kokopelli Suites
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL Kokopelli Suites AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE Kokopelli Suites WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE Kokopelli Suites WEB SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE Kokopelli Suites WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE Kokopelli Suites
WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Kokopelli Suites OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
Kokopelli Suites WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE Kokopelli Suites WEB SITE.
SERVICE CONTACT : jerry@valorit.com
TERMINATION/ACCESS RESTRICTION
Kokopelli Suites reserves the right, in its sole discretion,
to terminate your access to the Kokopelli Suites Web Site
and the related services or any portion thereof at any time,
without notice. GENERAL To the maximum extent permitted
by law, this agreement is governed by the laws of the State
of Washington, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington,
U.S.A. in all disputes arising out of or relating to the
use of the Kokopelli Suites Web Site. Use of the Kokopelli
Suites Web Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment,
or agency relationship exists between you and Kokopelli
Suites as a result of this agreement or use of the Kokopelli
Suites Web Site. Kokopelli Suites's performance of this
agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation
of Kokopelli Suites's right to comply with governmental,
court and law enforcement requests or requirements relating
to your use of the Kokopelli Suites Web Site or information
provided to or gathered by Kokopelli Suites with respect
to such use. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire
agreement between the user and Kokopelli Suites with respect
to the Kokopelli Suites Web Site and it supersedes all prior
or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Kokopelli
Suites with respect to the Kokopelli Suites Web Site. A
printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to
the same extent an d subject to the same conditions as other
business documents and records originally generated and
maintained in printed form. It is the express wish to the
parties that this agreement and all related documents be
drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Kokopelli Suites Web Site are: Copyright
2007 Kokopelli Suites and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein
may be the trademarks of their respective owners.
The example companies, organizations, products, people and
events depicted herein are fictitious. No association with
any real company, organization, product, person, or event
is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United
States copyright law should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure
for Making Claims of Copyright Infringement. [top] |