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Wow! You actually
came to this page. Our lawyers made us include it and made us
use a precious button on our home page to get you here. At first,
we thought the lawyers were a real pain. But then we read the
page. What a Netwakening! It's really important stuff. We took
the legalese the lawyers wrote and translated it into readable
English. So be a smart nethead and read the stuff on this page.
It could prevent you from hearing from our lawyers, or worse
yet, from really nasty people, like prosecutors.
Here's
the deal:
We run this site
so that people like you (and people you like) can use it for
personal information, education, communication, and cybergratification.
So go ahead and browse around all you like. You can even download
stuff from the site but only for non-commercial, personal use.
If you do, though, don't fool around with the copyright and
other notices all over the stuff. They're there for a really
good reason. And don't even think about distributing, modifying,
transmitting, reusing, re-posting, or anything else uncool with
any of the stuff, including the text, images, audio, and video,
for public or commercial purposes unless we give you written
permission. And it's not likely we will.
If you visit our
site, you're also legally obligated to [read: stuck with] the
terms and conditions listed below and any other law or regulation
that applies to the site, the Internet, the World Wide Web,
or anywhere Canada. You shouldn't access or browse the site
if you have any problem with that, because once you start, there's
no turning back -- you are bound by [read: stuck with] the terms
and conditions.
So here's
the scoop on our Top Ten Rules for Cybersurfers who hang out
on our site:
1. For everyone's
sake, just assume that everything on the site is copyrighted
unless we say it's not. So you can't use the stuff except how
we say you can on this page or anywhere else on the site without
our written permission. And like we said before, it's not likely
we'll give you permission anyway. In fact, even if we wanted
to, the lawyers are likely to veto any deal anyway. So it's
better you don't even ask.
2. While we try to
include accurate stuff on the site, we're not promising you
it's accurate. In fact, we're not promising you anything. So
if you use stuff on the site, you're using it at your own risk.
Don't call us if there's a problem because we assume no liability
or responsibility for errors or omissions on the site. If you
use what we suggest on our page or in our products, it's at
your own discretion.We will not be held responsible for anything
that happens. When ordering any kind of plumbing work or repair,
always use common sense and caution. It is your posession, we
are just suggesting methods, not forcing you to use them. Anything
that happens, is not our fault. It's up to you to do your due-dilligence.
3. We and anybody
else who helped us create, produce, or deliver the site are
not liable for any damages you suffer when you use it. In particular,
the lawyers want you to know that our disclaimer includes "direct,
incidental, consequential, indirect, or punitive damages arising
out of your access to, or use of, the site. Without limiting
the foregoing, everything on the site is provided to you 'AS
IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
Please note that
some jurisdictions may not allow the exclusion of implied warranties,
so some of the above exclusions may not apply to you. Check
your local laws for any restrictions or limitations regarding
the exclusion of implied warranties. " Ugh! What a mouthful
from the mouthpieces. We put all of that in quotes because we
couldn't figure out any other way to say it that the lawyers
would accept. But here's the bottom line -- we're not responsible
if you're browsing around and the site damages you or your computer
or infects it with any nasty viruses. We sure hope that doesn't
happen, but if it does, don't call us.
4. If you don't want
the world to know something, don't post in on the site in any
bulletin board or anyplace else. That's because anything you
disclose to us is ours. That's right -- ours. So we can do anything
we want with the stuff you post. We can reproduce it, disclose
it, transmit it, publish it, broadcast it, and post it someplace
else. We can even send it to your mother (as soon as we find
her address). Not only that, we can even use any ideas, concepts,
know-how, or techniques you post any way we want to, including,
developing, manufacturing and marketing products or other stuff
using the information you post.
5. Pictures of people
or places shown on the site are either our property or someone
else's property we're using with their permission. No matter
what, it's definitely not your property. You or any of your
net-friends can't use it unless we said you could on this page
or somewhere else on the site. And guess what -- we won't say
yes. So be careful, Bunky, because unauthorized use may violate
all sorts of nasty laws. Be smart, keep the stuff you download
to yourself.
6. There's also a
lot of trademarks, logos, and service marks on the site that
either we own or we're using with someone else's permission.
So don't think you have any kind of license or right to use
them, because you don't and we're not about to give you one.
If you don't leave them alone and mess with our trademarks,
logos and service marks on our site, we'll probably go ballistic,
so will the companies that own the other trademarks, logos and
service marks. That means that we're likely to sue you or to
ask a prosecutor to come after you for messing around with our
property or the property of others.
7. You'll probably
notice we've linked our site to lots of others. While that's
cool, it doesn't mean we've looked at all those sites, much
less checked them out periodically to see what's going on. So
don't blame us if some site you link to is bad or has stuff
on it that offends you or your pets. Go ahead and link, but
remember, you're doing it at your risk.
8. That brings us
to what you do on our own site. While we occasionally listen
in on chat groups, or look at the posting in our discussion
groups or on our bulletin boards, we take no responsibility
and assume no liability for the content of those locations or
for any mistakes, defamation, libel, slander, omissions, falsehoods,
obscenity, pornography, or profanity you might encounter when
you visit such places on our site. And don't be stupid by posting
or transmitting any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, nasty, mean,
or profane material or any material that law enforcement types
may consider a criminal offense, get someone in court on a civil
lawsuit, or for that matter violate any law -- anywhere, anytime.
While we certainly respect your privacy, we have no choice but
to fully cooperate with any law enforcement authorities or court
which might ask us who might have posted nasty stuff on our
site.
9. Software that
we use on this Site is protected by all sorts of patriotic U.S.
laws. Because of that, you can't download or send the software
to anyone in the vacation travel spots of Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country where United
States has embargoed goods; or (get this) to anyone on the United
States Treasury Department's list of Specially Designated Nationals,
the U.S. Commerce Department's Table of Deny Orders, or the
FBI's Most Wanted Internet Creeps List (just kidding on the
last one). As if that were not tough enough, if you live in
or are a national of any of those lovely places, you're not
even supposed to be reading this page, so beat it!
10. We're also allowed
to change this page and anything else on the site any time we
want to. That's because it's ours and we have the programmers
who can do it. If we do change the page, then you're bound by
[read: stuck with] those changes, too, whenever you visit our
site.
11. If either of
us wants to make something of it and wants to “sue”
(a dirty word) then we have to follow these rules of engagement.
(sort of according to the Geneva Convention):
This Agreement
is governed by the laws of the Province of British Columbia,
without regard to principles of conflict of laws.
To the extent you
have in any manner violated or threatened to violate CertifiedLocalPro.com
and/or its affiliates' intellectual property rights, CertifiedLocalPro.com
and/or its affiliates may seek injunctive or other appropriate
relief in any state or federal court in the Province of British
Columbia, 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 in the following
location: Vancouver Court Services. 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 at the
following location: Vancouver Court Services, under the rules
of the Canadian Arbitration Association. Judgment upon the award
rendered by the arbitration may be entered in any court with
jurisdiction to do so.
If this all sounds
kind of mean and undiplomatic, you should have seen what the
lawyers gave to us in the first place. We had to remind them
that human torture and sacrifice was outlawed in North America.
Boy, did they look disappointed!
April 15 2009
Dwain Berlin
www.CertifiedLocalPro.com
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