YOUR USE OF THIS
WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS
This Website, including all of its features
and content (the "Website") is a service made available by
USBackbone, LLC. ("USB") and all content, information, and
services provided on or through this Website ("Content") may be used solely
1. Website Limited License. As a user
of this Website you are granted a nonexclusive, nontransferable, revocable,
limited license to access and use this Website and Content in accordance
copyright pursuant to U.S. and international copyright laws.
2. Limitations on Use. The Content on
this Website is for your personal and business use only and not for commercial
exploitation. You may not decompile, reverse engineer, disassemble, rent,
lease, loan, sell, sublicense, or create derivative works from this Website
or the Content. You may not use any network monitoring or discovery software
to determine the site architecture, or extract information about usage,
individual identities or users. You may not use any robot, spider, other
automatic software or device, or manual process to monitor or copy our
Website or the Content without USB's prior written permission. You may not
copy, modify, reproduce, republish, distribute, display, or transmit for
commercial, non-profit or public purposes all or any portion of this
Website, except to the extent permitted above. You may not use or otherwise
export or re-export this Website or any portion thereof, or the Content in
violation of the export control laws and regulations of the United States of
America. Any unauthorized use of this Website or its Content is prohibited.
3. Not Legal Advice. Content is not
intended to and does not constitute legal advice, nor is anything submitted
to this Website treated as confidential. The accuracy, completeness,
adequacy or currency of the Content is not warranted or guaranteed. Your use
of Content on this Website or materials linked from this Website is at your
4. Intellectual Property Rights.
shall be construed as conferring any license or right, by implication or otherwise, under copyright or other intellectual property
rights. You agree that the Content and Website are protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
5. Registration. Certain sections of
this Website require you to register. If registration is requested, you
agree to provide USB with accurate and complete registration information. It
is your responsibility to inform USB of any changes to that information.
Each registration is for a single individual only, unless specifically
designated otherwise on the registration page.
6. Errors and Corrections.
not represent or warrant that this Website or the Content will be
error-free, free of viruses or other harmful components, or that defects
will be corrected or that it will always be accessible. USB does not warrant
or represent that the Content available on or through this Website will be
correct, accurate, timely, or otherwise reliable. USB may make improvements
and/or changes to its features, functionality or Content at any time.
7. DISCLAIMER. THIS WEBSITE AND THE
CONTENT IS PROVIDED AS IS AND WITH ALL FAULTS. TO THE FULLEST EXTENT
PERMITTED BY LAW, USB SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTY OF
MERCHANTABILITY OF A COMPUTER PROGRAM, AND THE IMPLIED WARRANTY OF ACCURACY.
THERE IS NO WARRANTY THAT THIS PRODUCT OR THE INFORMATION CONTAINED WITHIN
IT WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. USB MAKES NO
REPRESENTATION OR WARRANTY WITH RESPECT TO THE WEBSITE'S ACCURACY,
COMPLETENESS, OR CURRENT NESS; AND USB SPECIFICALLY DISCLAIMS ANY OTHER
WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
USB SHALL NOT BE LIABLE ON ACCOUNT OF ANY SUCH ERRORS, OMISSIONS, DELAYS, OR
LOSSES. YOU AGREE THAT IN NO EVENT WILL USB BE LIABLE FOR THE RESULTS OF
YOUR USE OF THE WEBSITE OR THE CONTENT, FOR YOUR INABILITY OR FAILURE TO
CONDUCT YOUR BUSINESS, OR FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES.
YOU FURTHER AGREE THAT IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF USB
FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING UNDER THIS AGREEMENT, WHETHER IN
CONTRACT OR TORT, INCLUDING NEGLIGENCE, EXCEED THE TOTAL AMOUNT PAID BY YOU
TO USB DURING THE PRECEDING TWELVE-MONTH PERIOD, EVEN IF USB HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS, OR DAMAGE. THE
FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL
APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
8. LIMITATION OF LIABILITY.
NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND
RESULTING FROM YOUR USE OF THIS WEBSITE, OR THE CONTENT HEREOF. USB SHALL
NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION
WITH THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT.
9. Indemnification. You agree to
indemnify, defend and hold harmless USB, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers to
the Website from and against all claims, losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any violation of
10. Unlawful Activity.
the right to investigate complaints or reported violations of our Terms of
Use and to take any action we deem appropriate including but not limited to
reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary
or appropriate to such persons or entities relating to user profiles, e-mail
addresses, usage history, posted materials, IP addresses and traffic
11. Remedies for Violations.
reserves the right to seek all remedies available at law and in equity for
block access from a particular Internet address to this Website and any
other USB Websites and their features.
12. Governing Law and Jurisdiction.
of the State of Idaho and any action arising out of or relating to these
terms shall be filed only in state or federal courts located in Idaho and
you hereby consent and submit to the personal jurisdiction of such courts
for the purpose of litigating any such action.
13. Privacy. Your use of this Website
14. Severability of Provisions. These
access to and use of this Website and the Content. If any provision of these
be deemed severable from the remaining provisions and shall not affect their
validity and enforceability.
Continued use of this Website after any such changes constitutes your
consent to such changes.