Web Site and Service Terms and Conditions Agreement
1. Agreement. 22TCM.net IS AN INTERNET-BASED ON-LINE INFORMATION AND COMMUNICATION SERVICE. BY ACCESSING OR USING 22TCM.net, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE 22TCM.net. 22TCM.net MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF 22TCM.net SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
2. License. We hereby grant you the right to view and use this web site subject to the terms and conditions of this Agreement. You may download and/or print a copy of information provided in this web site for your personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). You may contact us at 4910 W Denton St Boise, Idaho 83706.
3. Privacy. We respect your personal privacy. We will never release your name, street address, or telephone number without your consent except as noted in paragraphs 4 and 5. To defer the costs of bringing you the Service, you agree that we may provide aggregate information about our users to advertisers or business associates, but we will not individually identify you. You also agree that we may use information you submit to operate this Service and web site, or as required by law. The use of information that is gathered is subject to the privacy notice in effect at the time of use.
4. Use of Personal Information. Use of the site indicates your consent to the use of information provided by you. Examples of the information which is collected and analyzed includes the internet protocol (IP) address used to connect your computer to the internet; computer and connection information such as browser type and version, operating system and platform; purchase history; the full uniform resource locators (URL) click system to, through, and from our website, including date and time as well as cookie information further discussed below. You agree that Information which may personally identify you such as your name and street address may be gathered, processed or used in the following instances: (1) if you use 22TCM.net to purchase or otherwise obtain physical goods or services not delivered by means of electronic transmission during a 22TCM.net session, the company that sells or provides such physical goods or services (the "Merchant") will obtain information; (2) if you use 22TCM.net to purchase or otherwise obtain digital delivery of or access to specific content, goods or services specifically delivered or made accessible to you by means of electronic transmission during a 22TCM.net session, the company providing such content, goods or services - the "Content Provider" - may obtain Information; (3) if you obtain dial-up access to 22TCM.net from a third party independent internet access provider (an "IAP"), information relating to you may be obtained by the IAP; and (4) 22TCM.net and your IAP may use Information as is necessary for enforcement of any of the terms of this Agreement.
5. Your E-Mail Address. Although your e-mail address will not be disclosed directly to a third party except as described in this Agreement, with your prior consent 22TCM.net may use your e-mail address to forward special offers or communications from selected companies to you via 22TCM.net
6. Cookies. An individual site, advertiser, or one of our business associates may place a text file called a "cookie" in the browser files of your computer. Cookies are pieces of information that a website transfers to an individual's hard disk for record keeping purposes. The cookie itself does not contain Information which would personally identify you, although it will enable 22TCM.net to relate your use of the site to information that you have specifically and knowingly provided to the site.
7. Usage Rules. As a condition of your use of this Service, you warrant to us that you will not use this Service for any purpose that is unlawful or prohibited by this Agreement. We reserve the right to deny you access to any part of this Service at our sole discretion. You are responsible for material that you send to any "discussion" group available through the Service. The message boards on this Service are not guaranteed to be monitored for unacceptable use, nor will any statements made therein be authenticated or endorsed by us. In order to maintain an informative and valuable service for you, but one which seeks to avoid the harm that can result from disseminating statements that are false, malicious, violative of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.
a. You may not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Service using your account for any purpose.
b. You may not post or transmit any message which is determined by 22TCM.net to be libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which determined by 22TCM.net to be indecent, obscene or pornographic.
c. You may not post or transmit any message determined , data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
d. You may not interfere with other user's use of the Service, including, without limitation, disrupting the normal flow of dialogue on any message board(s).
e. You may not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features.
f. You may not post or transmit any message which is determined by 22TCM.net to be harmful, threatening, abusive or hateful. It is not the Service's intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful.
g. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified message board) that are designated for such purpose.
H. You may not post or transmit information to promote your business or business that your work for. (see the contact 22tcm.net under the 22TCM.net - Etiquette forum for how to contact us regarding advertising)
8. Review of Postings & Uploads. 22TCM.net does not and cannot review all communications and materials posted or uploaded to 22TCM.net and is not responsible for the content of these communications and materials. However, 22TCM.net reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another, or (d) offensive or otherwise unacceptable to 22TCM.net. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
9. Links. 22TCM.net may contains links to web sites operated by other parties. The links are provided for your convenience only. Neither we nor our suppliers control such web sites and we are not responsible for the content and performance of these sites or for your transactions with them. Our inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators. 22TCM.net does not in any way operate, control or endorse any information, products or services provided by third parties through the Internet.
10. Warranty Disclaimer. The information provided through this Service is for educational and entertainment purposes only and should not be interpreted as a recommendation for a general or specific activity, service, product, or course of action. We and our suppliers assume no responsibility for how you use the information provided through this Service.
WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY OF PRODUCTS AND SERVICES OR THE TIMELINESS OR ACCURACY OF THE INFORMATION AVAILABLE THROUGH THIS SERVICE FOR ANY PURPOSE. WE AND OUR SUPPLIERS DISCLAIM TO THE FULL EXTENT ALLOWED BY LAW ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SERVICE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SERVICE. ALTHOUGH OUR SUPPLIERS OR WE MAY UPDATE THE CONTENT ON THIS SERVICE FROM TIME TO TIME, ALSO PLEASE NOTE THAT THERE MAY BE INACCURACIES OR TYPOGRAPHICAL ERRORS
11. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS 22TCM.net, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING 22TCM.net USING YOUR SERVICE ACCOUNT.
12. Waiver, Release and Limitation of Liability. YOU AGREE THAT NEITHER 22TCM.net, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF 22TCM.net. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST 22TCM.net, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF 22TCM.net, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES ANY AND ALL OR DAMAGES ANY AND ALL YOU SUSTAIN IN CONNECTION WITH YOUR USE OF 22TCM.net.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF 22TCM.net, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL 22TCM.net, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES ANY AND ALL OR DAMAGES ANY AND ALL OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF 22TCM.net ARE HEREBY EXCLUDED EVEN IF 22TCM.net ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ANY AND ALL. YOU FURTHER AGREE THAT 22TCM.net ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS CANNOT BE LIABLE FOR ANY SERVICE INTERRUPTION AND ANY CONSEQUENCES ARISING THEREFROM
13. Third Party Rights. The provisions of paragraphs 11 (Indemnification) and 12 (Waiver, Release and Limitation of Liability) are for the benefit of 22TCM.net and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. User Representations You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use 22TCM.net in accordance with this Agreement. You agree to be financially responsible for your use of 22TCM.net (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
15. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. You agree that any legal action or proceeding between 22TCM.net and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in ADA County, Idaho, United States. Any cause of action or claim you may have with respect to 22TCM.net must be commenced within one (1) year after the claim or cause of action arises. 22TCM.net failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. 22TCM.net may assign its rights and duties under this Agreement to any party at any time without notice to you.
16. Notice. 22TCM.net may deliver notice to you under this Agreement by means of electronic mail, a general notice on 22TCM.net, or by written communication delivered by first class U. S. mail to your address on record in 22TCM.net account information. You may give notice to 22TCM.net at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
4910 West Denton St.
Boise Idaho, 83706
17. Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
18. 22TCM.net reserves the right to make changes to our site, policies, and these conditions of use at any time.