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TERMS AND CONDITIONS OF USE
We have taken every effort to design our Web site to be useful, informative,
helpful, honest and fun. Hopefully we’ve accomplished that — and would ask
that you let us know if you’d like to see improvements or changes that would
make it even easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and Conditions.
Take a few minutes to look them over because by using our site you
automatically agree to them. Naturally, if you don’t agree, please do not
use the site. We reserve the right to make any modifications that we deem
necessary at any time. Please continue to check these terms to see what
those changes may be! Your continued use of the Cane2.com Web site means
that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the Cane2.com site, including, without limitation,
text, software, names, logos, trademarks, service marks, trade names,
images, photos, illustrations, audio clips, video clips, and music are
copyrighted intellectual property. All usage rights are owned and controlled
by Cane2.com. You, the visitor, may download Online Materials for
non-commercial, personal use only provided you 1) retain all copyright,
trademark and propriety notices, 2) you make no modifications to the
materials, 3) you do not use the materials in a manner that suggests an
association with any of our products, services, events or brands, and 4) you
do not download quantities of materials to a database, server, or personal
computer for reuse for commercial purposes. You may not, however, copy,
reproduce, republish, upload, post, transmit or distribute Online Materials
in any way or for any other purpose unless you get our written permission
first. Neither may you add, delete, distort or misrepresent any content on
the Cane2.com site. Any attempts to modify any Online Material, or to defeat
or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data accompanying it,
is considered licensed to you by Cane2.com or third-party licensors for your
personal, non-commercial home use only. We do not transfer title of the
software to you. That means that we retain full and complete title to the
software and to all of the associated intellectual-property rights. You’re
not allowed to redistribute or sell the material or to reverse-engineer,
disassemble or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other information
that you send to Cane2.com through our site (other than information we
promise to protect under our privacy policy becomes and remains our
property, even if this agreement is later terminated.
That means that we don’t have to treat any such submission as confidential.
You can’t sue us for using ideas you submit. If we use them, or anything
similar to them, we don’t have to pay you or anyone else for them. We will
have the exclusive ownership of all present and future rights to submissions
of any kind. We can use them for any purpose we deem appropriate to our
Cane2.com mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This
means that you (and not we) have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and
copyright.
Limitation of Liability
Cane2.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR
RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE USE OF (OR INABILITY TO USE) ANY SITE
TO WHICH YOU HYPERLINK FROM OUR SITE FAILURE OF OUR SITE TO PERFORM IN THE
MANNER YOU EXPECTED OR DESIRED ERROR ON OUR SITE OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE DEFECT ON OUR SITE DELAY IN
OPERATION OR TRANSMISSION OF OUR SITE COMPUTER VIRUS OR LINE FAILURE PLEASE
NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING: DAMAGES INTENDED TO
COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY DAMAGES REASONABLY EXPECTED
TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL
DAMAGES.") OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM
A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL DAMAGES.") WE ARE NOT
LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY
FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF
THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD
MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED
UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR
OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY)
WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web sites
from our site. Such a link should not be seen as an endorsement, approval or
agreement with any information or resources offered at sites you can access
through our site. If in doubt, always check the Uniform Resource Locator
(URL) address provided in your WWW browser to see if you are still in a
Cane2.com-operated site or have moved to another site. Cane2.com is not
responsible for the content or practices of third party sites that may be
linked to our site. When Cane2.com provides links or references to other Web
sites, no inference or assumption should be made and no representation
should be inferred that Cane2.com is connected with, operates or controls
these Web sites. Any approved link must not represent in any way, either
explicitly or by implication, that you have received the endorsement,
sponsorship or support of any Cane2.com site or endorsement, sponsorship or
support of Cane2.com, including its respective employees, agents or
directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You may
terminate this agreement at any time, by destroying all materials obtained
from all Cane2.com Web site, along with all related documentation and all
copies and installations. Cane2.com may terminate this agreement at any time
and without notice to you, if, in its sole judgment, you breach any term or
condition of this agreement. Upon termination, you must destroy all
materials. In addition, by providing material on our Web site, we do not in
any way promise that the materials will remain available to you. And
Cane2.com is entitled to terminate all or any part of any of its Web site
without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you are
responsible for compliance with any applicable local laws.
To the extent you have in any manner violated or threatened to violate
Cane2.com and/or its affiliates' intellectual property rights, Cane2.com
and/or its affiliates may seek injunctive or other appropriate relief in any
state or federal court, and you consent to exclusive jurisdiction and venue
in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve
it with the help of a mutually agreed-upon mediator from New York State. Any
costs and fees other than attorney fees associated with the mediation will
be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration in
our State or location, under the rules of the American Arbitration
Association. Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
Cane2.com may modify these Terms of Use, and the agreement they create, at
any time, simply by updating this posting and without notice to you. This is
the ENTIRE agreement regarding all the matters that have been discussed.
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