Welcome to the Terms of Use Agreement for PlowSite.com a
site owned and operated by MRP Acquisition LLC d/b/a Moose River Media, a
Vermont limited liability company (“MRM”).
1.
DESCRIPTION
OF SERVICES.
PlowSite.com (the “Site”) provides online Internet forum
services for the “Snow and Ice Industry,” namely, the professional and
commercial snow removal and ice management industries (the “Services”).
The Services include all content and media on
the Site, including, but not limited to, all public and private discussions,
forums, discussion and bulletin boards, e-mails, messaging, and chats on the
Site.
The Services, including any
updates, enhancements, new features, and/or the addition of any new links, are
subject to this Terms of Use Agreement (“Agreement”).
MRM may discontinue, modify or suspend any aspect of the
Site or the Services without prior notice of any kind.
MRM may impose limits on use of the Site or
the Services, or suspend or discontinue access to all or part of the Site or
the Services without prior notice of any kind.
Please check the Terms of Use (“TOU”) in this Agreement every time you
visit to view any changes.
2.
ACCEPTANCE
OF TERMS.
You agree that your use of the Site and the Services as
either a Guest (when you browse the Site), Member (when you have registered as
a Member on the Site), or a Sponsor (when you pay to advertise on the Site) are
subject to the TOU in this Agreement.
The term “User” refers to a Guest, Member, or Sponsor on the Site.
You are only authorized to use the Site and
the Services if you agree to abide by all applicable laws and to the TOU in
this Agreement.
Please read this
Agreement carefully.
If you do not agree
with the TOU, you should leave the Site and discontinue use of the Services.
MRM may modify the TOU in this Agreement from time to time,
with or without notice to you, and such modifications shall be effective upon
posting by MRM on the Site.
You agree to
be bound by any changes to the TOU when you use the Site or the Services after
any such modification is posted.
It is
therefore important that you review the TOU in this Agreement regularly to
ensure that you are updated as to any changes.
This Agreement, and any posted revisions to the TOU in this
Agreement, shall remain in full force and effect while you use the Site and the
Services.
You may terminate your
Membership at any time, for any reason.
Even after your Membership terminates, either by you or by MRM, this
Agreement will terminate, provided, however, terms which by their nature
continue shall survive termination and continue until fulfilled.
3.
PRIVACY AND
PROTECTION OF PERSONALLY IDENTIFIABLE
INFORMATION.
See the Privacy Policy relating to
the collection and use of your personally identifiable information.
For purposes of the Privacy Policy, the term
“Personally Identifiable Information” refers to any information that identifies
or can be used to identify, contact, or locate the person to whom such
information pertains.
4.
NOTICE
SPECIFIC TO INFORMATION AVAILABLE ON THIS SITE.
4.1
Content on the Site.
By
posting, publishing, uploading or displaying content, digital media, information,
Web links, comments, images, text, files, photographs, videos, works of
authorship, messages, communications or any other materials (collectively, “Content”)
of any kind on the Site, you grant MRM, its affiliates, and agents an
irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use,
reproduce, modify, edit, move, distribute, transmit, display, perform, adapt, and
publish any such Content for any purpose on or through the Site via any media
channels now known or later developed, without notice.
You represent and warrant that you own the
Content posted by you on the Site or otherwise have the proper authorization to
grant this license.
You agree to pay for
all royalties, fees, and any other monies owing any person or entity by reason
of any Content posted by you on the Site or using the Services.
You are not permitted to take another User’s Content
and reproduce it in any manner without the prior written consent of MRM.
4.2
Monitoring of Content.
MRM and its agents and designees reserve
the right to monitor, restrict access to, edit, modify or remove any Content on
the Site.
MRM reserves the right at all
times to disclose any information MRM deems necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, modify, refuse
to post or to remove any information or materials, in whole or in part, in MRM’s
sole discretion.
THESE RIGHTS WILL NOT
BE CONSTRUED TO CREATE ANY LIABILITY TO MRM IN CONNECTION WITH ANY CONTENT.
Materials uploaded to the Site 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.
4.3
DISCLAIMERS AND LIMITATIONS ON LIABILITY.
The Site contains Content published and posted
by Users and links to third party Web sites.
User Content does not necessarily reflect the
opinions or policies of MRM.
When you
access third party Web sites, you do so at your own risk.
Third party links published or posted by
Users or Site Sponsors do not constitute or imply an approval or endorsement by
MRM of any information, materials, documents, services or products available on
third party Web sites.
MRM makes no
representations about the suitability or accuracy of information, documents,
materials, services or products published, posted or made available as part of
the content, services or products offered by Users or Sponsors for any purpose.
ALL SUCH INFORMATION, MATERIALS, CONTENT,
SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY MRM.
MRM DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, MATERIALS, CONTENT, SERVICES AND
PRODUCTS INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED
OR STATUTORY.
IN NO EVENT SHALL MRM BE
LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION,
PRODUCTS OR SERVICES AVAILABLE ON THE SITE OR BY THIRD PARTIES, OR FAILURE TO
PROVIDE PRODUCTS OR SERVICES BY MRM OR THIRD PARTIES, WHETHER OR NOT MRM KNEW
OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.
MRM DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS, OR THAT THE SITE FUNCTIONING WILL BE UNINTERRUPTED OR
FREE OF ERRORS.
MRM ASSUMES NO
RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER’S CONTENT OR COMPUTER.
MRM IS NOT RESPONSIBLE FOR ANY PROBLEMS OR
TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE
SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL
OR PLAYERS DUE TO TECHNICAL PROBLEMS ON THE INTERNET OR ON THE SITE OR
COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY USER’S COMPUTER
RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN
CONNECTION WITH USING THE SITE OR THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL MRM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE,
INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR THE SERVICES,
FROM ANY USER CONTENT POSTED ON OR THROUGH THE SITE, OR FROM THE CONDUCT OF ANY
USERS OF THE SITE OR THE SERVICES, WHETHER ONLINE OR OFFLINE.
MRM IS NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY TO YOU
OR TO ANY THIRD PARTY, WITH RESPECT TO ANY CONTENT POSTED BY ANY USERS ON THE
SITE, EXCEPT FOR MATERIAL POSTED OR PUBLISHED BY A REPRESENTATIVE OF MRM, EVEN
IF THAT MATERIAL VIOLATES THIS AGREEMENT.
IN ANY CASE, MRM’S TOTAL, CUMULATIVE LIABILITY UNDER THIS
AGREEMENT SHALL NOT EXCEED THE GREATER OF $500 AND ANY FEES/ PAYMENTS RECEIVED
BY MRM FROM YOU FOR USING THE SITE OR THE SERVICES, OR ADVERTISING ON THE
SITE.
THIS LIMITATION WILL APPLY,
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL
PURPOSE AND REGARDLESS OF WHETHER A CLAIM OR ACTION SOUNDS IN CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL
THEORY.
PLEASE NOTE THAT SOME OF THESE LIMITATIONS ON LIABILITY MAY
NOT BE ENFORCEABLE IN SOME STATES, AND IF SO, THEY ARE NOT APPLICABLE TO YOU.
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO
STATE.
YOU HEREBY AGREE TO RELEASE MRM, ITS AFFILIATES AND AGENTS,
AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM
CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE,
KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED
(“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE
AND SERVICES.
IF YOU ARE A CALIFORNIA
RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN
PART:
“A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU ACKNOWLEDGE AND AGREE THAT MRM WOULD NOT HAVE POSTED
THIS SITE BUT FOR THESE DISCLAIMERS OF LIABILITY, AND AGREE THAT THE TERMS ARE
REASONABLE.
5.
MEMBER
ACCOUNT, PASSWORD, AND SECURITY.
To become a Member of the Site, you must complete the
registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form.
You also will choose a password and a User
name.
You are entirely responsible for
maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for
any and all activities that occur on your account.
You agree to notify MRM immediately of any
unauthorized use of your account or any other breach of security.
MRM will not be liable for any loss that you
may incur as a result of someone else using your password or account, either
with or without your knowledge.
However,
you could be held liable for losses incurred by MRM or another party due to
someone else using your account or password.
You may not use any other Member’s account or
password at any time without the permission of that Member.
6.
NO UNLAWFUL
OR PROHIBITED USE.
As a condition of your use of the Site and the Services,
you will not use the Site or the Services for any purpose that is unlawful or
prohibited by the TOU in this Agreement.
MRM reserves the right to investigate and take
appropriate legal action against any Users who, in MRM’s sole discretion,
violate this provision, including, without limitation, refusing to post, removing,
editing or modifying any offending Content, or denying, restricting, suspending
or terminating your access to all or any part of the Site or the Services, or suspending
or terminating your Membership on the Site, with or without prior notice or
explanation, and without liability to MRM.
MRM has no obligation to take any of the above-referenced actions, and
is not responsible for the conduct of any Users who violate this provision.
The following prohibitions apply to all of the
Services on the Site.
You will not:
6.1
Use the Services in any manner that could damage, disable,
overburden, or impair any of the Site’s servers or the network(s) connected to
any of the Site’s servers, or interfere with any other party’s use and
enjoyment of the Services.
6.2
Attempt
to gain unauthorized access to any of the Services, other accounts, computer
systems or networks connected to any Site server or to any of the Services,
through hacking, password mining or any other means.
6.3
Obtain or attempt to obtain any materials or
information through any means not intentionally made available through the
Services.
6.4
Use
the Services, or contact Users or Sponsors in connection with surveys,
contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative,
exploitive or unsolicited messages (commercial or otherwise).
6.5
Advertise
products of any kind that you or someone else manufacturers, supplies, distributes
or sells unless you are a Sponsor of the Site.
This includes not publishing, posting, uploading, discussing, mentioning
or listing the telephone numbers, addresses, facsimile numbers, e-mail
addresses, domain names or Web links of your manufacturing, supply, retail, or
wholesale business or any other business of this type.
6.6
Publish, post, upload, link to, discuss, disseminate, mention, or
list your own personal contact information if you are not a Sponsor and if it
is for the purpose of advertising, distributing or selling products that you or
someone else manufactures, supplies, distributes or sells.
6.7
Publish, post, upload, link to, discuss, disseminate, mention or
list your or anyone else’s age or e-mail address anywhere on the Site.
6.8
Publish,
post, upload, link to, discuss, disseminate, mention or list names, telephone
numbers, addresses, e-mail addresses, facsimile numbers, domain names or Web
sites of any other Users.
6.9
Publish,
post, upload, link to, discuss, disseminate or mention on the Site, whether directly
or indirectly or through Sponsored advertisements, other Snow and Ice Industry Web
sites or other Web sites that contain links to Snow and Ice Industry Web sites.
6.10
Defame, abuse, harass, stalk, threaten,
offend, provoke, name call, or otherwise violate the legal rights (including
the rights of privacy and publicity) of others.
6.11
Publish, post, upload, disseminate, use or
make comments which are of an abusive, violent, inappropriate, vulgar, profane,
defamatory, obscene, indecent, sexually explicit, pornographic, or otherwise
objectionable or unlawful nature.
6.12
Publish, post, discuss, upload, disseminate
or mention information that contains Content intended to victimize, harass,
degrade, or intimidate an individual or group of individuals on the basis of
religion, gender, race, ethnicity, age, disability, or sexual orientation.
Hate speech of any kind is not permitted on
the Site.
6.13
Publish, post, discuss, upload, disseminate or
mention illegal activities of any kind, including, without limitation, references
to illegal drug use, terrorist activities, making or buying illegal weapons,
violating someone else’s privacy or child pornography.
6.14
Publish, post, upload, disseminate, post Web
links to or otherwise make available any Content, which is obscene, lewd, violent,
sexually explicit, pornographic or otherwise objectionable or illegal.
6.15
Publish, post, upload, use or otherwise make
available, pass off as your own, or solicit for exchange, sale or purchase, any
Content protected by intellectual property laws, including, by way of example,
and not as limitation, copyright or trademark laws (or rights of privacy or
publicity) unless you own or control the rights thereto or have received all
necessary consent to do the same.
6.16
Post, upload, disseminate, link to, use,
modify, copy, reproduce, republish, transmit or otherwise make available any Content,
which is made available through the Site and the Services in any manner that
infringes any copyright, trademark, patent, trade secret, or other personal or
proprietary right of any party.
6.17
Publish, post, upload, disseminate, use, link
to or otherwise make available any image, photograph or picture of any other
person or User without that person’s or User’s consent.
6.18
Solicit information of any kind from or
exploit in any way Users who are under the age of 18.
6.19
Upload files to the Site that contain
viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any
other similar software or programs that may damage the operation of another's
computer or property of another.
6.20
Harvest, solicit or otherwise collect
personal information from or about other Users for any purpose.
6.21
Use the Site or the Services in any manner
which is inconsistent with or violates any applicable laws or regulations.
6.22
Create a false identity on the Site for the
purpose of misleading others.
6.23
Publish, post, disseminate, link to, upload,
use, copy or otherwise make available (whether or not for a fee) any directory
of Users of the Services.
6.24
Register on the Site under a new User name if MRM
has restricted, suspended or terminated your use or Membership on the
Site.
6.25
Register more than once or register more than
one User name on the Site.
If you
register more than once or register any additional User name(s), MRM will
delete any additional registration and/or User name from the Site and system.
6.26
Register with a User name that is offensive,
deceptive or violates any other party’s
rights.
6.27
Register on the Site if you are under the
age of 14.
6.28
Register on the Site with a non-working or inactive
e-mail address, or someone else’s e-mail address other than your own.
6.29
Publish, post, upload, disseminate, discuss,
mention or insinuate false information about other Users or sponsors.
6.30
Publish, post, upload, disseminate, discuss
or mention the value, validity or effectiveness of products or services of
sponsors if you have never owned or used such product or services.
7.
UNSOLICITED
IDEA SUBMISSION POLICY.
We welcome your comments and feedback about the Site and
the Services.
However, MRM does not
accept or consider unsolicited submissions concerning its business or operations,
including, but not limited to, original ideas for new advertising campaigns,
promotions, products, services, technologies, processes, materials, marketing
plans or new product/service names.
Please do not send MRM such submissions.
The purpose of this policy is to avoid potential misunderstandings or
disputes when MRM’s services, products or marketing strategies appear similar
to ideas submitted to MRM.
All such
submissions to MRM are considered the property of MRM.
MRM does not have an obligation to protect
the confidentiality of any such submission.
MRM will exclusively own all known or later-existing rights to such
submission worldwide, and will be entitled to the unrestricted use of any such
submission for any purpose, without compensation to you or any third party
provider of such submission.
8.
COPYRIGHT
COMPLAINTS.
Materials may be made available on the Site by third
parties not within our control.
MRM
respects the intellectual property rights of others, and we ask the Users of
the Site and the Services to do the same.
It is our policy not to permit materials known by MRM to infringe
another party’s copyright to remain on the Site.
If you believe that your work has been copied
and is accessible on the Site in a way that constitutes copyright infringement,
or that the Site contains links or other references to another online location
that contains material or activity that infringes your copyright rights, you
may notify MRM by providing the following information (as required by the
Online Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth
below:
8.1
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
8.2
Identification of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site;
8.3
Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit MRM to
locate the material;
8.4
Information reasonably sufficient to permit MRM to contact the
complaining party, such as an address, telephone number, and if available, an
electronic mail address at which the complaining party may be contacted;
8.5
A statement that the complaining party has a good faith belief that use
of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
8.6
A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Agent:
Korry Stagnito, President
Moose River Media
Suite 201, 515 Bay Street
St. Johnsbury, VT 05819
Telephone:
802-748-8908
Facsimile:
802-748-1866
E-mail:
copyright@MooseRiverMedia.com
9.
INTELLECTUAL
PROPERTY OF MRM.
The Site and the Services contain content protected by
copyright, trademark, and other law, and MRM owns and retains all rights in
this content.
10.
COPYRIGHT
NOTICE.
Copyright © 2008 MRP Acquisition LLC d/b/a
Moose River Media.
All rights reserved.
11.
TRADEMARKS.
MOOSE RIVER
PUBLISHING, the MRP logo, MOOSE RIVER MEDIA, the MOOSE RIVER MEDIA logo, PLOWSITE.COM,
the PLOWSITE.COM logo are trademarks, and PLOWSITE is a registered trademark, of
MRP Acquisition LLC d/b/a Moose River Media.
12.
JURISDICTION
AND DISPUTES.
This Agreement is governed by the laws of the State of
Vermont, USA, without regard to its conflicts of laws provisions, the state and
federal courts of which have sole and exclusive jurisdiction to resolve any
actions or claims arising out of or in connection with your use of the Site
and/or the Services, your breach of this Agreement and/or arising from any
breach of your representations and warranties set forth in this Agreement.
You submit to the jurisdiction of such courts
for such purpose, and agree not to contest venue as appropriate in Burlington,
Vermont.
The parties waive the right to
trial by jury.
13.
INDEMNITY.
You agree to indemnify and hold MRM, its subsidiaries, and
affiliates, and their respective officers, agents, partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of your use of
the Services and/or the Site in violation of this Agreement and/or from any
breach of this Agreement.
14.
MISCELLANEOUS.
This Agreement is accepted upon your use of the Site and
the Services.
This Agreement and the
Privacy Policy constitute the entire agreement of the parties with respect to
your use of the Site and the Services.
The TOU in this Agreement may be modified by MRM at any time, and by you
only with the prior written consent of MRM in each instance.
Any claim with respect to your use of this
Site and the Services must be brought within one (1) year of the date that the
claim arises.
If any provision of this
Agreement is held unenforceable, the remaining provisions will be enforced to
the maximum extent possible.
No waiver
by MRM of any rights under this Agreement constitutes a waiver of any other
right, or right to enforce any subsequent breach of these Agreement.
In the event MRM is forced to enforce its
rights against you, in addition to any other remedies, you agree to pay MRM’s
reasonable costs, including attorneys’ fees and costs of suit.
Last Modified 8/12
2728911.2
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