Important Information about Your Use of This Website:
Below are the Terms of Service governing use of auburnchainsaw.com. This web site is owned and operated by Auburn Chain Saw & Mower, INC. Questions about these Terms of Service may be directed to the site administrator.
TERMS OF SERVICE
Last Updated: January 6, 2009
Below are the Terms of Service "TOS" practiced and enforced by auburnchainsaw.com, which from this point is refered to as the "site". Please read these carefully before using this site. Failure may result in suspension or more strict measurements. Should you decide at any time that you do not agree with the TOS listed below please leave this site immediately. Auburn Chain Saw & Mower, INC. reserves the right to modify these terms at any time, with out prior notice. The Terms of Service contains a Choice of Law provision that may impact your rights. You may wish to obtain legal advice before accetping this agreement and using the site.
Automatic Accpetance of the Terms of Service (TOS)
By using this site you agree to these Terms of Service set forth by this site. From this point, any reference to "We" or "Us" shall refer to the web site, auburnchainsaw.com. The term "You" shall represent any visitor to such web site.
License to the site
Auburn Chain Saw & Mower, INC. grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with this TOS. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of this TOS.
Changes to Site and/or Terms of Servcice
Auburn Chain Saw & Mower, INC. reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this TOS, in whole or in part, at any time. Changes to this TOS will be effective when posted. You agree to review this TOS periodically to be aware of any changes. Your continued use of the Site after any changes to this TOS are posted will be considered acceptance of those changes.
Copyright, Trademarks, Etc.
Certain materials on this site are used under the terms set forth in the Fair Use Law as described below.
17 U.S.C. 107 (1988 & Supp. IV 1993). Section 107 provides in part:
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
Certain materials on this site are copyrighted by their respective ownners.
Linked Sites. The term "Linked Site" refers to any web site that is not controlled by the site, this includes any advertisers site or any web site that is or is not affiliated with the site. Users access them at their own risk. We advise that you become familiure with these sites terms of use and privacy policies.
Non-United States Residents
Auburn Chain Saw & Mower, INC. makes no representation that the Site Materials, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
Submission of Information
Any notes, emails, message board postings, ratings, ideas, suggestions, concepts or other material submitted will become the property of the site and the site shall reserve the right to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to the site, you agree that the site has the right to publish the material for any type of use as outlined above, including promotional and advertising purposes. The site is not responsible for any material posted on the Forums. You shall not submit or otherwise publish through such Forums any content which: a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks; c) violates any law; d) advocates illegal activity; e) advertises or otherwise solicits funds or is a solicitation for goods or services; (collectively "Non-Approved Material"). You agree to indemnify the site from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.
Applicable Laws & Notice to International Users
Unless otherwise specified, the materials in the site are presented solely for the purpose of entertainment and providing information available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Auburn Chain Saw & Mower, INC. The site makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Privacy Statement
The site has created this privacy statement in order to demonstrate our firm commitment to privacy.
Information Automatically Logged. We use your IP address to help diagnose problems with our server and to administer our Web site. This includes, but is not limited to, network traffic statistics and system load.
Cookies. This site uese cookies as a means to store identifiable information, i.e. user name or passwords on your hard drive. To disable cookies, see your internet browser help file. In addition, advertisements may contain cookies for tracking purposes.
Personal Information. When voluntarily submitting information to the site by means of email, form submission, message board post or guest book listing, you agree that the site may use personally identifiable information to contact you in the future. The site does not give out this information to other web sites, but is not responsible for public postings of information such as in the guest book or forums.
External Links. This site contains links to other sites. The site is not responsible for the privacy practices or the content of such Web sites.
Contacting the Web Site. If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact the web master by clicking on the appropriate link at each individual page.
Anti-Spam Policy
Auburn Chain Saw & Mower, INC. will under no instance sell or distribute your personal information to any third party. To that end, it is recommended that you keep your personal information (such as any information listed in a forum profile) secure. Do not post any information you would not want distributed in any forum as forum posts are open to non-registered users. Auburn Chain Saw & Mower, INC. will from time to time send out announcements to registered forum members. If you would prefer not to receive notices from this site, please disable notifications found in account settings. If you believe you have received spam mail generated from this site or that your information has been compromised, please contact a site manager immediately.
Disclaimer
THE SITE, THE SITE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLANETRICKI.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Auburn Chain Saw & Mower, INC. DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. PLANETRICKI.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Auburn Chain Saw & Mower, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, Auburn Chain Saw & Mower, INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE MATERIALS, OR THE SOFTWARE, EVEN IF PLANETRICKI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Auburn Chain Saw & Mower, INC. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Choice of Law & Forum; Statute of Limitations
You agree that the Terms of Service, including all contents therein, shall be governed by the internal substantive laws of the State of New York, without reference to its conflict of laws principles. Any dispute or claim arising or related to the Terms of Service, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively (except as provided below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One arbitrator shall be selected using AAA procedures. The arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Auburn, New York, USA; both parties hereby give their irrevocable consent to jurisdiction of courts of or in the State of New York, as well as processes of the AAA in New York. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.YOU AND THE SITE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
No waiver of any of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the site's failure to assert any right or provision under the Terms of Sevice shall not constitute a waiver of such right or provision.
Severability & Integration
Unless otherwise specified herein, the Terms of Service constitute the entire agreement between you and the site with respect to your use of the site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the site with respect to the site. If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination
Your right to use the site automatically terminates if you violate the Terms of Service. We also reserve the right, in our sole discretion, to terminate your access to all or part of the site, for any reason or no reason at all, with or without notice. Upon termination, you must cease use of the site and destroy all materials obtained from the site, whether made under these terms of service or otherwise.
Ability to Enter Into This Agreement
You affirm that you are either 18 or older, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service, and to abide by and comply with the Terms of Service. In any case, you affirm that you are at least 13 years old, as the site is not intended for children under 13. If you are under 13 years of age, please do not use the site. Assignment The Terms of Service, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the site without restriction.
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