Terms of Usage Agreement
1. General. This agreement with D&D Graphics ("DDG") governs
your use of this web site (the "Site"). Additional terms and conditions of use applicable
to specific areas of the Site may also be posted on the Site at any time. This agreement,
together with any such additional term and conditions, are referred to as this "Agreement."
DDG reserves the right, in its discretion, to change or modify all or any part of
this Agreement at any time, effective immediately upon notice published on the Site.
You are not authorized to use this Site in any jurisdiction where the terms of this
Agreement are not enforceable.
2. Registration. The Site allows users access to a collection of
job tracking tools (the "Services"). To use some of the Services, you must be registered
and receive a Access Code. You agree to provide true and accurate information in
connection with your registration and to promptly notify DDG of any changes in the
registration information. You are responsible for maintaining the confidentiality
of your Access Code. You are fully liable for all use of the Site and the Services
under your Access Code, including any use by a user not authorized by you who accesses
the Site using your Access Code. You should promptly notify DDG of any unauthorized
use of your Access Code or other breach of security by emailing DDG at davefairchild.com.
3. Use of Site. The Site contains information, software, text,
graphics, links and other material (collectively, the "Content"), that are protected
by copyright, trademark or other proprietary rights of DDG, or third parties. All
Content on the Site is copyrighted as a collective work of DDG pursuant to applicable
copyright law. DDG grants you a limited nonexclusive license to use the Site for
your personal use. You may create a hyperlink to the home page of the Site provided
that the link does not mislead users regarding the Site or the Content or negatively
impact DDG or the Site.
4. Managing Content. DDG is not responsible for the Content posted
by third-parties on the Site. DDG does not represent or endorse the accuracy or
reliability of any Content posted on the Site and you acknowledge that any reliance
upon such Content shall be at your sole risk.
5. Indemnity. You agree to indemnify, defend and hold harmless
DDG employees and officers for, from and against any and all claims, liability,
losses, costs and expenses (including attorneys' fees) incurred by any Indemnified
Party in connection with any use or alleged use of the Site under your Access Code
by any person, whether or not authorized by you.
6. Termination of Access to the Site. DDG reserves the right, in
its sole discretion, to restrict, suspend or terminate access to all or any part
of the Site at any time for any reason without prior notice or liability. DDG may
change, suspend or discontinue all or any aspect of the Site at any time, including
the availability of any feature, database, or Content without prior notice or liability.
7. Disclaimer of Warranty. THE SITE AND THE CONTENT ARE DISTRIBUTED
ON AN "AS IS, AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE
CONTENT IS ASSUMED SOLELY BY YOU.
8. Limitation of Liability. IN NO EVENT SHALL DDG'S EMPLOYEES OR
OFFICERS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SITE INCLUDING THE CONTENT. PERIOD.
9. Miscellaneous. This Agreement shall be construed in accordance
with the laws of the State of Kansas , and the parties irrevocably consent to jurisdiction
of and to bring any action to enforce this Agreement in the federal or state courts
located in Topeka, Kansas .
10. Copyrights. If you believe that the Site includes your work
and the work has been copied in a way that constitutes copyright infringement, please
provide DDG's copyright agent the following information: an electronic or physical
signature of the person authorized to act on behalf of the owner of the copyright
interest; a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the
site; your address, phone number, and email address; a statement by you that you
have a good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owners behalf.