Terms of Use
Please read the following paragraphs carefully before using this Internet site (the "Site"). By using this Site, you signify your assent to the conditions included in this notice and disclaimer.
Stephen Flach maintains this Site from his office in Menlo Park, California,
United States of America. He 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 or national laws,
if and to the extent local or national laws are applicable. This notice
and disclaimer will be governed by and construed in accordance with the
laws of the State of California without giving effect to conflict of laws
principle.
Limited Rights to Use of Information
The content (e.g., text, photos and information conveyed therein) of this
Site is proprietary to Stephen Flach. You may download and use Site content
for personal, non-commercial use only. You may not, however, distribute,
modify, transmit, reuse, repost or use any of such materials for public
or commercial purposes without Stephen's' express written permission.
All copyright and other proprietary notices contained in downloaded materials
must be retained.
You should assume that all contents of the Site are copyrighted unless
otherwise noted and may not be used except as provided herein and without
Stephen's' express written permission. Neither he nor any third party
has conferred upon you by implication, estoppel or otherwise, any license
or right under any patent, trademark or copyright (except as expressly
provided herin).
The trademarks, service marks and logos displayed on the Site are registered
(where indicated) or unregistered trademarks and/or service marks of Stephen
Flach or of their respective owners. Nothing contained in this Site should
be construed as granting, by implication, estoppel or otherwise, any license
or right in and to the trademarks or logos without Stephen's express written
permission. Any misuse of the trademarks or logos on the Site and in its
contents is strictly prohibited.
Warranty Disclaimer
THE SITE IS PROVUDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS,
IMPLIED, OR STATUTORY. STEPHEN SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
HE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED
ON THE SITE. HE DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED,
SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT ANY REQUESTED EMAIL ALERTS WILL BE DELIVERED IN A TIMELY
MANNER. Some jurisdictions do now allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you. This warranty gives
you specific legal rights and you may also have other legal rights, which
vary from state to state.
Limitation of Liability
IN NO EVENT SHALL STEPHEN FLACH BE LIABLE FOR LOST PROFITS OR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH THE SITE (HOWEVER ARISING, INCLUDING BY NEGLIGENCE). Some jurisdictions
do not allow the limitation of liability, so the foregoing limitation
may not apply to you.
Governing Law
The Terms of Use will be governed by and construed in accordance with
the laws of the State of California, as such laws apply to contracts between
California residents performed entirely within California. You agree that
upon Stephen Flach's request, all disputes arising hereunder will be adjudicated
in the state and federal courts having jurisdiction over disputes arising
in San Mateo County, California, and you hereby agree to consent to the
personal jurisdiction of such courts. If any provision of the Terms of
Use shall be held by a court of competent jurisdiction to be unenforceable,
that provision will be limited or eliminated to the minimum extent necessary
and the remaining provisions will remain in full force and effect.
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