Terms of Use for this web site
AGREEMENT BETWEEN USER AND SCOTT YONALLY.
The YONALLY.US / N8SY.COM web sites are comprised of various Web pages operated
by Scott Yonally.
The YONALLY.US or N8SY.COM web sites are offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of either YONALLY.US or N8SY.COM web site constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE..
Scott Yonally reserves the right to change the terms, conditions, and notices
under which the YONALLY.US or N8SY.COM web site is offered, including but not
limited to the charges associated with the use of the YONALLY.US or N8SY.COM web
site.
LINKS TO THIRD PARTY SITES..
The YONALLY.US or N8SY.COM web site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of Scott Yonally
and Scott Yonally 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. Scott Yonally is not responsible for web-casting or
any other form of transmission received from any Linked Site. Scott Yonally is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Scott Yonally of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE..
As a condition of your use of the YONALLY.US or N8SY.COM web site, you warrant
to Scott Yonally that you will not use the YONALLY.US or N8SY.COM web site for
any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the YONALLY.US or N8SY.COM web site in any manner which
could damage, disable, overburden, or impair the YONALLY.US or N8SY.COM web site
or interfere with any other party's use and enjoyment of the YONALLY.US or
N8SY.COM 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 YONALLY.US or N8SY.COM web sites.
USE OF COMMUNICATION SERVICES..
The YONALLY.US or N8SY.COM 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.
Scott Yonally has no obligation to monitor the Communication
Services. However, Scott Yonally reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole discretion.
Scott Yonally reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
Scott Yonally 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, at Scott Yonally’s sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Scott Yonally does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, Scott Yonally 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 Scott Yonally, spokespersons, and their views do not necessarily
reflect those of Scott Yonally.
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 SCOTT YONALLY OR POSTED AT ANY YONALLY.US or N8SY.COM
WEB SITE..
The YONALLY.US or N8SY.COM web site does not claim ownership of the materials
you provide to Scott Yonally (including feedback and suggestions) or post,
upload, input or submit to any YONALLY.US or N8SY.COM web site or its associated
services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting Scott
Yonally, its affiliated companies and necessary sub-licensees 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. Scott Yonally is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time at Scott
Yonally’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 YONALLY.US OR N8SY.COM WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
SCOTT YONALLY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE YONALLY.US OR N8SY.COM
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE YONALLY.US OR N8SY.COM 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.
SCOTT YONALLY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE YONALLY.US OR N8SY.COM 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. SCOTT YONALLY HEREBY DISCLAIMS
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 SCOTT
YONALLY 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 YONALLY.US OR N8SY.COM, WEB SITE WITH THE
DELAY OR INABILITY TO USE THE YONALLY.US OR N8SY.COM 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 YONALLY.US OR N8SY.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
YONALLY.US OR N8SY.COM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF SCOTT YONALLY 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 YONALLY.US OR N8SY.COM WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE YONALLY.US OR
N8SY.COM WEB SITE.
SERVICE CONTACT :
TERMINATION/ACCESS RESTRICTION:
Scott Yonally reserves the right, in its sole discretion, to terminate your
access to the YONALLY.US or N8SY.COM 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 Ohio,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts
in Richland County, Ohio, U.S.A. in all disputes arising out of or relating to
the use of the YONALLY.US or N8SY.COM web site. Use of the YONALLY.US or
N8SY.COM 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 Scott Yonally as a result of this
agreement or use of the YONALLY.US or N8SY.COM web site. Scott Yonally's
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Scott Yonally's right to
comply with governmental, court and law enforcement requests or requirements
relating to your use of the YONALLY.US or N8SY.COM web site or information
provided to or gathered by Scott Yonally 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 Scott Yonally
with respect to the YONALLY.US or N8SY.COM web site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Scott Yonally with respect to the YONALLY.US or
N8SY.COM 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 and 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 YONALLY.US or N8SY.COM web site are: All original material ©
2008 Scott Yonally. 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.