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PLEASE READ THESE TERMS OF USE CAREFULLY
BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF
USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
- General. This site is owned and operated by StationUSA.com Inc..
(referred to as "StationUSA.com Inc." or "StationUSA"). StationUSA has
the right at any time to change or discontinue any aspect or feature of the
site, including, without limitation, the content, hours of availability, and
equipment needed for access or use of the site.
- Equipment. You shall be responsible for obtaining and maintaining
all telephone, computer hardware and other equipment needed for access to
and use of the site and all charges related thereto.
- Restrictions on Use.
- You shall use the site for lawful purposes only. You shall not post or
transmit through the site any material which violates or infringes in
any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, gives rise to civil liability
or otherwise violate any law. Without StationUSA's express prior approval, you
shall not post or transmit through the site any material which contains
advertising or any solicitation with respect to products or services.
You shall not use the site to advertise or perform any commercial
solicitation, including, without limitation, the solicitation of users
to become subscribers of other on-line information services competitive
with the site. Any conduct by you that in StationUSA's discretion restricts or
inhibits any other user from using or enjoying the site will not be
permitted.
- The site contains copyrighted material, trademarks and other
proprietary information, including, without limitation, text, software,
photos, video, graphics, music and sound, and the contents of the site
are copyrighted under the United States copyright laws. You may not
modify, publish, transmit, display, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in
whole or in part. You may download one copy of any copyrighted material
for your personal, non-commercial home use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express written permission of StationUSA
and the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or copyright notice
shall be made. You acknowledge that you do not acquire any ownership
rights by downloading copyrighted material.
- You shall not upload, post or otherwise make available on the site any
material protected by copyright, trademark or other proprietary right
without the express permission of the owner of the copyright, trademark
or other proprietary right and the burden of determining that any
material is not protected by copyright rests with you. You shall be
solely liable for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm resulting from such a
submission. By submitting material to any public area of the site, you
automatically grant, or warrant that the owner of such material has
expressly granted StationUSA.com the royalty-free, worldwide,
perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, display, translate and distribute
such material (in whole or in part) and/or to incorporate it in other
works in any form, media or technology now known or hereafter developed.
You also permit any other user of the site to access, view, store or
reproduce the material for that user's personal use. You grant StationUSA the
right to edit, copy, display, publish and distribute any material made
available on the site by you.
- Disclaimer of Warranty; Limitation of Liability.
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER
STATIONUSA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED
THROUGH THE SITE.
- THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE SITE.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY),
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT STATIONUSA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- IN NO EVENT WILL STATIONUSA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE
LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER
ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC
LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE
OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
NO EVENT SHALL STATIONUSA 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN
NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
- Indemnification. You agree to defend, indemnify and hold harmless
StationUSA.com and its affiliates and their respective directors,
officers, employees and agents from and against any and all claims, actions,
demands, damages, costs, liabilities, losses and expenses (including
reasonable attorneys' fees) arising out of your use of the site.
- Trademarks. StationUSA.com logos are trademarks of
StationUSA.com Inc.. All rights reserved. All other trademarks appearing on
the site are the property of their respective owners.
- Third Party Content. StationUSA.com is a distributor (and not
a publisher) of content supplied by third parties and users of the site.
Accordingly, StationUSA.com has no more editorial control over such
content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information
providers and users, are those of the respective author(s) or distributor(s)
and not of StationUSA.com. In many instances, the content available
through the site represents the opinions and judgments of the respective
information provider or user. StationUSA.com neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or
statement made on the site by anyone other than authorized
StationUSA.com employee spokespersons while acting in their official
capacities.
- Changed Terms. StationUSA.com has the right at any time to
change or modify the terms and conditions applicable to use of the site, or
any part thereof, or to impose new conditions, including, without
limitation, adding fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately upon notice thereof,
which may be given by any means including, without limitation, posting on
the site, or by electronic or conventional mail, or by any other means. Any
use of the site by you after such notice shall be deemed to constitute
acceptance of such changes, modifications, additions or deletions.
- Miscellaneous. These terms of use constitute the entire agreement
of the parties with respect to the subject matter hereof and supersede all
previous written or oral agreements between the parties with respect to such
subject matter. These terms of use shall be construed in accordance with the
laws of the State of Florida, without regard to its conflict of laws
rules. You hereby consent to the personal jurisdiction of the State of
Florida, acknowledge that venue is proper in any state or Federal court
in the State of Florida, agree that any action related to these terms of
use must be brought in a state or Federal court in the State of Florida,
and waive any objection that may exist, now or in the future, with respect
to any of the foregoing. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience only
and shall not be given any legal import.
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