FOR ATVUTAH.COM'S WEB SITE
***IMPORTANT - PLEASE READ CAREFULLY***
BY USING THIS WEB SITE, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS
AND NOTICES CONTAINED OR REFERENCED HEREIN (THE "TERMS AND CONDITIONS OF USE"). IF YOU DO
NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEB SITE. WE RESERVE
THE RIGHT, AT OUR DISCRETION, TO UPDATE OR CHANGE THESE TERMS AND CONDITIONS OF USE AT ANY
TIME. PLEASE PERIODICALLY CHECK THE TERMS AND CONDITIONS OF USE FOR ANY CHANGES. YOUR CONTINUED
USE OF THIS WEB SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS AND CONDITIONS OF
USE WILL CONSTITUTE ACCEPTANCE OF THOSE CHANGES.
Bushman Web Services ("BWS") maintains
this web site as a service to its customers, potential customers, and other interested parties.
You may visit us, browse our pages, and download documents, subject to these Terms and Conditions
of Use.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this web site, you:
- agree to abide by Bushman Web Services Rules of Conduct, including
but not limited to, agreeing not to use this web site for any unlawful purpose.
- grant Bushman Web Services and its affiliates and licensees the right
to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and
promote the content in any form, anywhere and for any purpose without compensation or
attribution to you; and
- warrant and represent that you own or otherwise control all of the
rights to the content and that public posting and use of your content by Bushman Web
Services will not infringe or violate the rights of any third party.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on
this web site are protected by copyrights, trademarks, service marks, patents, trade secrets
or other proprietary rights and laws. Except as expressly authorized by Bushman Web Services,
you agree not to sell, license, rent, modify, distribute, copy reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit or create derivative works from such materials
or content.
Notwithstanding the above, you may print or download one copy of the materials
or content on this web site on any single computer for your personal, non-commercial use,
provided you keep intact all copyright and other proprietary notices. However, it is your
responsibility to ascertain whether any information downloaded from this web site is free
of viruses, worms, trojan horses, or other items of a potentially destructive nature.
Systematic retrieval of data or other content from this web site to create
or compile, directly or indirectly, a collection, compilation, database or directory without
written permission from Bushman Web Services is prohibited. In addition, use of the content
or materials for any purpose not expressly permitted in these Terms and Conditions of Use
is prohibited.
Nothing contained on this web site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use this web site or any documents
displayed on this web site, through the use of framing or otherwise, except: (a) as expressly
permitted by these Terms and Conditions of Use; or (b) with the prior written permission
of Bushman Web Services or such third party that may own the trademark or copyright of material
displayed on this web site.
Bushman Web Services may alter, suspend, or discontinue this web site
at any time for any reason, without notice or cost. The web site may become unavailable
due to maintenance or malfunction of computer equipment or other reasons.
NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT
Information contained herein has been obtained from sources deemed reliable.
If you believe any materials accessible on or from this web site infringe your copyright,
you may request removal of those materials (or access thereto) from this web site by contacting
Bushman Web Services' copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed.
Please describe the work, and where possible include a copy or the location (e.g., URL)
of an authorized version of the work.
- Identification of the material that you believe to be infringing
and its location. Please describe the material, and provide us with its URL or any other
pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the materials
used are not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate,
and indicating that "under penalty of perjury," you are the copyright owner or are
legally authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder
or authorized representative. Bushman Web Services' agent for copyright issues relating
to this web site can be reached by email.
In an effort to protect the rights of copyright owners, Bushman Web Services
reserves the right, in its sole discretion, to terminate access to all or part of this web
site, with or without notice and at any time, to anyone that infringes other's copyrights.
NO WARRANTIES
ALL INFORMATION, DOCUMENTS, SOFTWARE, PRODUCTS, AND SERVICES
AND ALL OTHER MATERIALS ("CONTENT") PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT.
BUSHMAN WEB SERVICES AND ITS SUBSIDIARIES AND ITS LICENSORS
DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, CORRECT OR COMPLETE; THAT THIS WEB
SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL
BE CORRECTED; THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE;
OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB
SITE IS SOLELY AT YOUR RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BUSHMAN WEB SERVICES, ITS
SUBSIDIARIES OR ITS LICENSORS BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS OF DATA, REVENUE OR PROFITS THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON
THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF BUSHMAN WEB SERVICES
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL BUSHMAN WEB SERVICES TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB
SITE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EXCEED AMOUNTS
YOU HAVE PAID TO BUSHMAN WEB SERVICES DURING THE MOST RECENT THREE (3) MONTH PERIOD FOR
USING THIS WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF IMPLIED WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
ACCURACY OF CONTENT AND FUTURE MODIFICATIONS
TO WEB SITE
The information on this web site may contain errors, technical inaccuracies
or typographical errors, and Bushman Web Services makes no guarantee of accuracy or completeness.
Bushman Web Services reserves the right to make changes to any Content without obligation
to notify any person of such changes.
AVAILABILITY OF PRODUCTS AND SERVICES MENTIONED
Content that Bushman Web Services publishes on this web site may contain
references or cross references to products or services that are not available or approved
by the appropriate regulatory authorities in your country. Such references do not imply
that Bushman Web Services intends to announce or make available such products or services
to the general public, or in your country. Consult your Bushman Web Services account representative
to determine which products and services may be available to you. Product descriptions and
specifications are subject to change. Bushman Web Services may periodically add or update
the Content without notice.
INDEMNIFICATION
By using this web site, you agree to defend, indemnify
and hold harmless Bushman Web Services and its subsidiaries and other affiliated companies
and their employees, contractors, officers and directors from all liabilities, claims and
expenses, including attorney's fees, that arise from your use or misuse of this web site.
Bushman Web Services reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which event you
will cooperate with Bushman Web Services in asserting any available defenses.
TERMINATION
Bushman Web Services reserves the right, in its sole discretion,
to terminate your access to all or part of this web site, with or without notice and at
any time.
LINKS TO THIRD-PARTY WEB SITES
This web site may contain links to non-Bushman Web Services
web sites. These links are provided to you as a convenience, and Bushman Web Services is
not responsible for the content of any linked web site. Any outside web site accessed from
the Bushman Web Services web site is independent from Bushman Web Services, and Bushman
Web Services has no control over the content of that web site. In addition, a link to any
non-Bushman Web Services web site does not imply that Bushman Web Services endorses or accepts
any responsibility for the content or use of such a web site.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product
or service be construed as an approval or endorsement by Bushman Web Services of that third
party or of any product or service provided by a third party.
INTERNATIONAL USE
Bushman Web Services makes no representation that information
on this web site is appropriate or available for use in locations outside the United States,
and accessing them from territories where their contents are illegal is prohibited. Those
who choose to access this web site from outside the United States do so on their own initiative
and are responsible for compliance with local laws, if and to the extent local laws are
applicable.
SUBMISSIONS TO BUSHMAN WEB SERVICES AND AFFILIATED
SERVERS
Any information, including but not limited to remarks, suggestions, ideas,
graphics, or other submissions, communicated to Bushman Web Services through this web site
is the exclusive property of Bushman Web Services. Bushman Web Services is entitled to use
any information submitted for any purpose, without restriction (except as stated in Bushman
Web Services' Privacy Policy and Children's Privacy Policy) and without compensation to
the person sending the submission. You acknowledge the originality of any submission communicated
to Bushman Web Services and accept responsibility for its accuracy, appropriateness, and
legality.
ENTIRE AGREEMENT
Unless otherwise specified herein, these Terms and Conditions of Use
constitutes the entire agreement between you and Bushman Web Services with respect to this
web site and supersedes all prior or contemporaneous communications and proposals (whether
oral, written or electronic) between you and Bushman Web Services with respect to this web
site. If any part of these Terms and Conditions of Use 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. Bushman Web Services may, at its sole discretion and without
notice, revise these terms at any time by updating this posting.
CHOICE OF LAW AND FORUM
These Terms and Conditions of Use are governed
and interpreted pursuant to the laws of the State of Utah, United States of America,
notwithstanding any principles of conflicts of law. All disputes arising out of or relating
to these Terms and Conditions of Use shall be finally resolved by arbitration conducted
in the English language in the State of Utah, U.S.A. under the commercial arbitration rules
of the American Arbitration Association. The parties shall appoint as sole arbitrator a
retired judge who presided in the State of Utah. The parties shall bear equally the
cost of the arbitration (except that the prevailing party shall be entitled to an award
of reasonable attorneys' fees incurred in connection with the arbitration in such an amount
as may be determined by the arbitrator). All decisions of the arbitrator shall be final
and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding
this, application may be made to any court for a judicial acceptance of the award or order
of enforcement. Notwithstanding the foregoing, Bushman Web Services shall be entitled to
seek injunctive relief, security, or other equitable remedies from the United States District
Court for the District of Utah or any other court of competent jurisdiction.
FOR ADDITIONAL INFORMATION
If you have any questions about the rights and restrictions
above, please contact Bushman Web Services ( Click Here )
.
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