Terms and Conditions of Use
Revised
December 28, 2005
Replaces All Prior Versions
This Web site,
positivespace.com,
(the Site) is made available for your use conditioned on your acceptance without
modification of these terms, conditions, and other notices on the Site. Your use
of this Web site constitutes your agreement to all terms, conditions, and
notices, as they may be amended from time to time.
The electronic newsletters, PS Inform
and PS Connect (the Newsletters) are an integral component of the Site
and are made available for your use conditioned on your acceptance without
modification of the same terms, conditions, and other notices on the Site. Your
subscription to, and use of, these Newsletters constitutes your agreement to all
terms, conditions, and notices, as they may be amended from time to time.
The Site and the Newsletters contain graphics, information, data, editorial and other content
accessible by any Internet user, (the Content.) All Content, except where
clearly specified otherwise, is owned and/or copyrighted by David J. Wardell or
third party providers and may be used only in accordance with this limited use
license. The Site and the Newsletters are protected by copyright as collective works and/or
compilations, pursuant to U.S. copyright laws, international conventions, and
other copyright laws.
Restrictions, limitations, terms and
conditions, notices, and disclaimers, contained in these Terms and Conditions
and found elsewhere in the Site or in the Newsletters APPLY EQUALLY TO THE SITE
AND TO THE NEWSLETTERS, REGARDLESS OF WHERE SUCH RESTRICTIONS, LIMITATIONS,
TERMS AND CONDITIONS, NOTICES, AND DISCLAIMERS ARE DISPLAYED OR LOCATED.
LIMITED USE LICENSE
You are licensed to use the Content only for personal or professional
research, and may download only individual pages for online viewing. The
download of the whole or significant portions of any work or database is
prohibited.
Online or other republication or redistribution of Content is prohibited in
any form. Written works may be quoted or referenced by brief citation but may
not be copied, reproduced, or redistributed in any manner, whether electronic or
mechanical, without specific, prior, written permission. Any citations of
written works must be accompanied by the relevant attribution and copyright
notice.
Violation of this License may result in legal action for injunction, damages
or both.
UNSOLICITED COMMERCIAL E-MAIL ("SPAM")
By your subscribing to, and continuing to
receive, the Newsletters you explicitly acknowledge that the Newsletters are
not, and may under no conditions or theory be construed to be, "unsolicited
commercial e-mail" (SPAM).
YOU FURTHER EXPLICITLY WAIVE ALL RIGHTS TO
REPORT ANY TRANSMISSION RECEIVED THROUGH THE NEWSLETTERS AS LONG AS YOU ARE
SUBSCRIBED TO THEM AS SPAM, block or cause to be blocked, or otherwise hinder
the free distribution of the Newsletters, or damage their reputation, either
directly or through any third party reporting service, tool, software, or
mechanism.
You further acknowledge and accept that
the Newsletters may contain advertising or other commercial messages and that,
by your subscribing to and continuing to receive the Newsletters, YOU ARE
INVITING these commercial messages without limitation.
If you or
anyone acting on your behalf reports any transmission received through the
Newsletters as SPAM to any third party blocking or reporting service, or other
service provider or public agency, you agree and accept that you are liable for
any and all damages incurred by positivespace.com or David J. Wardell as a
result of such actions, including (but not limited to) loss of income and damage
to professional and personal reputations.
LIABILITY DISCLAIMER
The information included on the Site and
in the Newsletters may include inaccuracies or
typographical errors. Changes are periodically added to the information therein.
David J. Wardell and any third party suppliers provide all Content "AS IS," and without any warranty of any kind. David J. Wardell and his
third party suppliers make no representations concerning the suitability,
reliability or accuracy of the Content or the service provided on the Site or in
the Newsletters for
any purpose. David J. Wardell and his third party suppliers disclaim all
warranties, expressed or implied, in connection with the Content and the
services provided on the Site or in the Newsletters, including conditions of
merchantability, fitness for a particular purpose, title and non-infringement.
IN NO CASE will David J.
Wardell or his third party providers be liable for any direct, indirect,
punitive, special or other damages including, without limitation, lost or delay
of use, lost profits, loss of data or any other damage in contract, tort, equity
or any other legal theory, even if advised of the possibility thereof.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE SITE, THE CONTENT, THE NEWSLETTERS, OR WITH ANY OF
THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE, THE NEWSLETTERS, AND THE CONTENT.
GOVERNING LAW
This Limited Use License shall, in all respects, be interpreted and governed
by the laws of the Commonwealth of Virginia. Users of the Site and
of the Newsletters agree to
venue for any legal actions undertaken regarding the Site, Newsletters, or Content within the
County of Fairfax, Commonwealth of Virginia.
CORRESPONDENCE
All correspondence pertaining to this Limited Use License must be sent via
postal mail to:
David J. Wardell
Attention: License and Terms and Conditions of Use
P.O. Box 1746
Vienna, VA 22183-1746
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