Terms of use For 2100v.com and the 2100v, LLC Network of Sites
1. Services and Conditions of Use
Welcome to 2100v, LLC. As part of our service, 2100v, LLC agrees to provide you with information libraries and other computer services that 2100v, LLC may decide to offer, subject to the terms of this Agreement. Upon notice published through 2100v.com, 2100v, LLC may modify this Agreement at any time. You agree and continue to agree to use 2100v, LLC Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "Customer" from time to time in this Agreement.
2. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. 2100v, LLC SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, 2100v, LLC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT 2100v, LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER 2100v, LLC NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
3. Trademarks
All trademarks appearing on 2100v.com and 2100v, LLC's network of sites are trademarks of their respective owners.
4. Notice
2100v, LLC may give notice to Customers by means of a general notice on 2100v.com, electronic mail to Customer's e-mail address on record in 2100v, LLC's account information, or by written communication sent by first class mail to a Customer's address on record in 2100v, LLC's account information. You may give notice to 2100v, LLC (such notice shall be deemed given when received by 2100v, LLC at any time by any of the following:
- electronic mail to customer@2100v.com;
- letter faxed to 2100v, LLCat the following fax number: (888) 955-4816;
- letter delivered by first class postage prepaid mail or courier to 2100v, LLCat the following address:
2100v, LLC
3388 Merlin Rd., Suite 400
Grants Pass, OR 97526
5. Indemnification
Customer agrees to indemnify and hold 2100v, LLC harmless from any dispute which may arise from a breach of terms of this Agreement. Customer agrees to hold 2100v, LLC harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on 2100v, LLC by Customer.
6. Termination of Service
User may terminate this Agreement and User's right to use 2100v.com notifying 2100v, LLC using the contact information provided in Section 4. 2100v, LLC may terminate your account or access rights to this Service at any time, without notice, for conduct that 2100v, LLC believes violates this Agreement or other policies or guidelines that 2100v, LLC has posted on 2100v.com. 2100v, LLC may terminate your account or access rights to this Service for online conduct that 2100v, LLC believes is harmful to other Customers, to 2100v, LLC's business, or to other information providers.
7. Choice of Law
This Agreement shall be construed and controlled by the laws of the State of Oregon. Further, the laws of the State of Oregon will govern any dispute arising from the terms of this agreement or a breach of this Agreement. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Oregon.
8. Merger Clause
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between 2100v, LLC representatives and Customer. 2100v, LLC may amend or modify this Agreement or impose new conditions at any time upon notice from 2100v, LLC to Customer as published through 2100v.com. Any use of 2100v, LLC by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.
Updated July 2008 |
