Disclaimer
The
PPCLandscape.com Web Site (the "Site") is an
online information service provided by PPCLandscape.com
("PPCLandscape.com "), subject to your compliance
with the terms and conditions set forth below. PLEASE READ THIS
DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING
OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. PPCLandscape.com
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE
OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are PPCLandscape.com, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL
ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You
may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided
that you agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant to PPCLandscape.com
a non-exclusive, royalty-free, worldwide, perpetual license, with
the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform
any materials and other information (including, without limitation,
ideas contained therein for new or improved products and services)
you submit to any public areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to PPCLandscape.com
by all means and in any media now known or hereafter developed.
You also grant to PPCLandscape.com the right to use your
name in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against PPCLandscape.com for any alleged or actual infringement
or misappropriation of any proprietary right in your communications
to PPCLandscape.com.
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1.01 TRADEMARKS.
Publications, products, content or services referenced herein
or on the Site are the exclusive trademarks or servicemarks of
PPCLandscape.com. Other product and company names mentioned
in the Site may be the trademarks of their respective owners.
2.
Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by PPCLandscape.com,
PPCLandscape.comdoes not operate, control or endorse
any information, products or services on the Internet in any way.
Except for PPCLandscape.com- identified information,
products or services, all information, products and services offered
through the Site or on the Internet generally are offered by third
parties, that are not affiliated with PPCLandscape.com
a. You also understand that PPCLandscape.com cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. PPCLandscape.com PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND PPCLandscape.com SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. PPCLandscape.com
DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY
BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK. PPCLandscape.com HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL PPCLandscape.com BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
PPCLandscape.com OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, PPCLandscape.com
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
PPCLandscape.com makes no representations whatsoever
about any other web site which you may access through this one
or which may link to this Site. When you access a non-PPCLandscape.com
web site, please understand that it is independent from PPCLandscape.com,
and that PPCLandscape.com has no control over the content
on that web site. In addition, a link to a PPCLandscape.com
web site does not mean that PPCLandscape.com endorses
or accepts any responsibility for the content, or the use, of
such web site.
3.
Indemnification.
You agree to indemnify, defend and hold harmless PPCLandscape.com,
its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from
and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or
any other person accessing the Service.
4.
Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of PPCLandscape.com and its officers,
directors, employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of these individuals
or entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
5.Term;
Termination.
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You
agree that any legal action or proceeding between PPCLandscape.com
and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in The United
States of America . Any cause of action or claim you may have
with respect to the Service must be commenced within one (1) year
after the claim or cause of action arises or such claim or cause
of action is barred. PPCLandscape.com's failure to insist
upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement. PPCLandscape.com
may assign its rights and duties under this Agreement to any party
at any time without notice to you.
Any
rights not expressly granted herein are reserved.