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S&K Manufacturing, Inc. is
the Sponsor of PMCCA.org |
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| All users of PMCCA.org services, and
all members upon signing up for PMCCA.org membership,
agree to comply with PMCCA.org's Terms of Use ("TOU").
The spirit of the TOU is to ensure members are using
PMCCA.org membership with due regard to the rights of
other Internet users and in conformity with the
requirements of PMCCA.org network environment. The TOU
are not exhaustive and PMCCA.org reserves the right to
add, delete, or modify any provision of its TOU at any
time without notice, effective upon either the posting
of the modified TOU to www.pmcca.org or notification of
the modified TOU. Any complaints about a member's
violation of the TOU should be sent to
forumadmin@pmcca.org. Except when expressly agreed
to the contrary in writing by an authorized
representative of PMCCA.org, this TOU supersedes any
other agreement with PMCCA.org, whether written, oral,
by conduct, or otherwise |
| PMCCA.org may be used for lawful
purposes only. Transmission, storage, or distribution of any
information, data, or material in violation of any
applicable law or regulation, or that may directly
facilitate the violation of any particular law or regulation
is prohibited. This includes, but is not limited to:
copyrighted material; trademarks; trade secrets or other
intellectual property rights used without proper
authorization; material that is obscene, defamatory,
constitutes an illegal threat, or violates export control
laws. Additionally, when requesting an Id and password from
PMCCA.org, all PMCCA.org members certify that they are who
they say they are (either in written form or verbally) and
are not, nor have been designated, a suspected terrorist as
defined in Executive Order 13224; are not owned or
controlled by a 'suspected terrorist' as defined in
Executive Order 13224; and are not on, are not a member of,
related to, associated with, or controlled by any
organizations on the list contained in the Annex to
Executive Order 13224 and all updates thereto. |
| Use of PMCCA.org membership or equipment
for creating or sending Internet viruses, worms or Trojan
horses, or for pinging, flooding or mail bombing, or
engaging in denial of service attacks is prohibited. It is
also prohibited for any member to engage in other activity
that is intended to disrupt or interfere with, or that
results in the disruption of or interference with, the
ability of others to effectively use PMCCA.org membership
and equipment (or any connected network, system, service or
equipment) or conduct their business over the Internet. |
| The use of PMCCA.org's
services to store, post, display, transmit,
advertise or otherwise make available child
pornography is prohibited. PMCCA.org is required by
law, and will, notify law enforcement agencies when
it becomes aware of the presence of child
pornography on, or being transmitted through, its
services. |
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PMCCA.org is concerned with the
privacy of on-line communications and Web sites. In
general, the Internet is neither more nor less
secure than other means of communication, including
mail, facsimile, and voice telephone service, all of
which can be intercepted and otherwise compromised.
As a matter of prudence, however, PMCCA.org urges
its members to assume that all of their on-line
communications are insecure. PMCCA.org cannot take
any responsibility for the security of information
transmitted over PMCCA.org's facilities. Additional
details on privacy and PMCCA.org's use of member
information can be found in PMCCA.org's Privacy
Statement located
here.
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Members are required to use the
PMCCA.org network responsibly. This includes
respecting the other members of PMCCA.org. PMCCA.org
reserves the right to suspend and/or cancel service
with any member who uses the PMCCA.org network in
such a way that adversely affects other PMCCA.org
members. While PMCCA.org may monitor its service
electronically to determine that its facilities are
operating satisfactorily, as a general practice,
PMCCA.org does not monitor its members'
communications or activities to determine whether
they are in compliance with the TOU. However, when
PMCCA.org becomes aware of any violation of the TOU
or other user agreements, PMCCA.org may take any
action to stop or correct such violation, including,
but not limited to, denying access to PMCCA.org's
services and equipment or to the Internet. In
addition, PMCCA.org may take action against a member
or a member of such member because of the activities
of such member. PMCCA.org anticipates that members
who offer Internet services will cooperate with
PMCCA.org in any corrective or preventive action
that PMCCA.org deems necessary. Failure to cooperate
with such corrective or preventive measures is a
violation of PMCCA.org policy and PMCCA.org reserves
the right to take any such action even though such
action may affect other members of the PMCCA.org
member.
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The failure by a member to meet
or follow any of the TOU is grounds for account
deactivation. PMCCA.org will be the sole arbiter as
to what constitutes a violation of the TOU.
PMCCA.org reserves the right to remove any account
without prior notice and to refuse service to anyone
at any time. When PMCCA.org becomes aware of an
alleged violation of its TOU, PMCCA.org will
initiate an investigation. During the investigation,
PMCCA.org may restrict a member's access in order to
prevent further potentially unauthorized activity.
Depending on the severity of the violation,
PMCCA.org may, at its sole discretion, restrict,
suspend, or terminate a member's account
and/or pursue other civil remedies. If such
violation is a criminal offense, PMCCA.org will
notify the appropriate law enforcement authorities
of such violation. An unlisted activity may also be
a violation of the TOU if it is illegal,
irresponsible, or constitutes disruptive use of the
Internet. PMCCA.org does not issue credits for
outages incurred through service disablement
resulting from TOU violations. Violators of the
policy are responsible, without limitations, for the
cost of labor to rectify any damage done to the
operation of the network and business operations
supported by the network, and to respond to
complaints incurred by PMCCA.org.
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PMCCA.org members agree to
protect, defend, hold harmless, and indemnify
PMCCA.org, any third party entity related to
PMCCA.org (including, without limitation, third
party vendors), and PMCCA.org's executives,
directors, officers, attorneys, managers, employees,
consultants, contractors, agents, parent companies,
subsidiaries, and affiliates, from and against any
and all liabilities, losses, costs, judgments,
damages, claims, or causes of actions, including,
without limitation, any and all legal fees and
expenses, arising out of or resulting in any from
the member's use of PMCCA.org's services.
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The PMCCA.org service is
provided on an as is, as available basis without
warranties of any kind, either express or implied,
including, but not limited to, warranties of
merchantability, fitness for a particular purpose or
non-infringement. PMCCA.org expressly disclaims any
representation or warranty that the PMCCA.org
service will be error-free, secure or uninterrupted.
No oral advice or written information given by
PMCCA.org, its employees, licensors or the like,
will create a warranty; nor may you rely on any such
information or advice. PMCCA.org and its partners
and suppliers will not be liable for any cost or
damage arising either directly or indirectly from
any transaction or use of the service.
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TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY
OF LAW OR EQUITY, WILL PMCCA.org (INCLUDING, WITHOUT
LIMITATION, PMCCA.org'S EXECUTIVES, DIRECTORS,
OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES,
CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES,
SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS,
MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE
INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING
PMCCA.org'S SERVICES, BE LIABLE FOR THE LOSS OF A
DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS,
REVENUES DECREASE, EXPENSES INCREASE, COSTS OF
SUBSTITUTE PRODUCTS AND/OR PMCCA.org SERVICES, OR
ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE
OF, OR ANY INABILITY TO USE, ANY PMCCA.org SERVICES
EVEN IF PMCCA.org HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. PMCCA.org'S TOTAL
CUMULATIVE LIABILITY, IF ANY, TO MEMBER, OR ANY
THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE
TOU OR PMCCA.org'S SERVICES, INCLUDING, WITHOUT
LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR
OMISSION BY PMCCA.org OR PMCCA.org'S
REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR
EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE
ACTUAL DOLLAR AMOUNT PAID BY THE MEMBER FOR THE
SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND
CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO
THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF
ACTION AROSE.
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PMCCA.org may discontinue,
upgrade, replace, modify, or change in any way,
without limitation, any software, application,
program, data, hardware, equipment, or portions or
components thereof, used to provide members with
PMCCA.org's services. Certain changes to PMCCA.org's
services may affect the operation of members'
personalized applications and content. Each member
is solely responsible, and PMCCA.org is not liable,
for any and all such personalized applications and
content, except as expressly agreed to by PMCCA.org.
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Except where PMCCA.org has
expressly agreed in writing to the contrary, members
are solely and entirely responsible, and PMCCA.org
is in NO way responsible, for the management and
backup of all member data, and all updates,
upgrades, and patches to any software that members
use in connection with PMCCA.org services.
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PMCCA.org makes a reasonable
effort to provide members with technologies,
developments, and innovations (collectively
"Technologies"), part of which may be licensed, or
co-branded, from or by, third party entities.
However, PMCCA.org makes NO warranty of any kind,
either express or implied, regarding the quality,
accuracy, reliability, validity, or continued
existence of any or all aspects of such
Technologies. Moreover, PMCCA.org specifically
disclaims all warranties of merchantability and
fitness for a particular purpose for such
Technologies. Furthermore, no member will hold
PMCCA.org liable in any way for the revocation of
any license, which has been licensed to PMCCA.org.
The use of the Technologies obtained from or through
PMCCA.org, or any other referred third party,
whether directly or indirectly, is at the sole risk
of members.
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Any mention of non-PMCCA.org
products by PMCCA.org, its employees, or any third
party entity related to PMCCA.org is for information
purposes only and does not constitute an endorsement
or recommendation by PMCCA.org. PMCCA.org disclaims
any and all liabilities for any representation or
warranty made by the vendors of such non-PMCCA.org
products or services.
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Members will not, without
PMCCA.org's express written consent, copy,
reproduce, republish, or otherwise use any material,
in whole or in part, that is located on PMCCA.org's
Web site, and members will not use any of
PMCCA.org's trademarks, service marks, copyrighted
materials, or other intellectual property without
PMCCA.org's express written consent. Members will
not, in any way, misrepresent their relationship
with PMCCA.org, attempt to pass themselves off as
PMCCA.org, or claim that members are PMCCA.org.
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Members may not assign or
delegate their rights or obligations under the TOU
or other agreement for PMCCA.org's services, either
in whole or in part, without the prior written
consent of PMCCA.org.
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PMCCA.org members must be at
least 18 years of age. Any individual under the age
of 18 years ("Minor") must have a parent or guardian
accept the TOU in order for the Minor to become a
PMCCA.org member. A parent or guardian who accepts
the TOU on behalf of a Minor will be primarily
liable for ensuring complete and proper compliance
with the TOU, including the timely and full payment
of the charges for PMCCA.org services, and such
primary liability will continue even when the Minor
has attained the age of 18, unless the parent or
guardian obtains PMCCA.org's express written consent
to the contrary. Any acceptance of the TOU or any
other agreement for PMCCA.org's services will be
deemed null and void to the extent that PMCCA.org
will not be liable in any way as a result of the
Minor's age or legal incapacity or the Minor's use
of PMCCA.org's services.
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The TOU, and any other agreement
for PMCCA.org services, will be governed by and
construed in accordance with the laws of the State
of Missouri USA without reference to its conflicts
of laws principles. Any litigation or arbitration
between a member and PMCCA.org will take place in
Illinois, and the member will consent to personal
jurisdiction and venue in that jurisdiction. If any
provision or portion of the TOU or other PMCCA.org
agreement is found by a court of competent
jurisdiction to be unenforceable for any reason, the
remainder of the TOU or the agreement will continue
in full force and effect.
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PMCCA.org will not be liable for
delays in its performance of the TOU or PMCCA.org
services caused by circumstances beyond PMCCA.org's
reasonable control, including acts of God, wars,
insurrection, civil commotions, riots, national
disasters, earthquakes, strikes, fires, floods,
water damage, explosions, shortages of labor or
materials, labor disputes, transportation problems,
accidents, embargoes, or governmental restrictions
(collectively "Force Majeure"). PMCCA.org will make
reasonable efforts to reduce to a minimum and
mitigate the effect of any Force Majeure.
Notwithstanding anything contained elsewhere herein,
lack of finances will not be considered an event of
Force Majeure nor will any event of Force Majeure
suspend any obligation of members for the payment of
money due.Waiver and AmendmentAny waiver,
modification, or amendment of any provision of the
TOU or other agreement for PMCCA.org services,
initiated by a member, will be effective only if
accepted in writing and signed by an authorized
representative of PMCCA.org.
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Nothing in this Agreement will
be construed as creating a partnership or
relationship of employer and employee, principal and
agent, partnership or joint venture between
PMCCA.org and its members. Each of PMCCA.org and its
members will be deemed an independent contractor at
all times and will have no right or authority to
assume or create any obligation on behalf of the
other, except as may be expressly provided herein.
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Wherever in this TOU the
masculine, feminine, or neuter gender is used, it
will be construed as including all genders, and
wherever the singular is used, it will be deemed to
include the plural and vice versa, where the context
so requires. The division of the TOU into
sections/paragraphs, and the insertion of
headings/captions, are for convenience of reference
only and will not affect the construction or
interpretation of the TOU. Any rule of construction
to the effect that any ambiguity is to be resolved
against the drafting party will not be applicable in
the construction or interpretation of the TOU.
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| The TOU, and/or any other
specific agreement for PMCCA.org services,
constitutes the complete understanding and agreement
between PMCCA.org and its members. Except when
expressly agreed to the contrary in signed writing
by an authorized representative of PMCCA.org, the
TOU supersedes any other written (including
digitized/computerized) agreement, oral agreement,
and/or agreement by conduct. This TOU, and/or any
other specific agreement for PMCCA.org services is
between PMCCA.org and its members only and will not
confer any rights in any third party except as
otherwise expressly provided by PMCCA.org. |
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| If you have questions or concerns regarding this Policy, you should contact us by email at
forumadmin@pmcca.org |
|
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| 2007 Purple Martin Conservation
Clearinghouse & Association. All rights
reserved. |
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