Use of Website Conditions and Terms of Sale Agreement
Terms and Conditions of Use of All SepticAlert Websites and Conditions of Sale for all Special Reports and Publications
IMPORTANT! These Terms and Conditions ("Terms and Conditions") shall govern the use of this website, SepticAlert.com, or any other websites maintained by James W. Lundy or any of its affiliates (referred to hereinafter collectively as the "Websites", and, individually, each a "Website") and or Special Reports and any other Publications of James W. Lundy and its affiliates (referred to hereinafter collectively as the "Publications" and each, individually, a "Publication").
By using any of these Websites, including, but not limited to purchasing Special Reports, Publications or services from any of the Websites or any other Publications, you ("User" or "You" or “Business” or “Corporation” or “Institution” or “Non-Profit Entity” or “Purchaser”) agree with James W. Lundy and its affiliates (the "Company") to be bound by these Terms and Conditions.
If you do not agree to these Terms and Conditions, please exit the Website.
These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of a Website or the Special Reports or Publications after such changes are implemented constitutes your acceptance of the changes. If any future changes are unacceptable to you should not use this website or purchase any Special Reports, Publications or services.
Please consult these Terms and Conditions regularly. These Terms and Conditions were last updated in April 2009.
1. Permitted Use Website(s), Special Reports and Publications.
User has a nonexclusive, nontransferable, limited, and revocable right to use the Website(s) solely for User's personal educational, informational, and entertainment use.
You may download and save the Home/Welcome and AboutMe pages for your own use, make a hard copy for your own use, and forward a copy to friends or business associates as long as you include the copyright information and the copyright mark © and date with the website information.
You may share the website information with septic service providers, plumbers, and other contractor service providers you intend to hire to work on your septic system problems.
Your purchase of Special Reports and Publications provides you with permission to download and save to your hard drive or server a copy for your own use and to print a hard copy for you own use.
You are not permitted to make any copies to give or sell to any other party or persons. You are not allowed to copy, reproduce, or use any of the proprietary information in the Special Reports and Publications for any of your own commercial purposes or the commercial purposes of any other party, individual, company or business.
User will not use the Websites, Special Reports or the Publications for any other purpose, including, without limitation, any commercial purpose, without the Company's express prior written consent. For example, User will not, and will not authorize any other person to, (i) co-brand a Website, Special Report or Publication or any portion thereof, or (ii) frame a Website or any portion thereof (whereby the Website or any portion thereof will appear on the same screen with a portion of another Website).
"Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute a Website, Special Reports or Publication or content accessible within the Website or in the Special Reports and Publication (the "Content"). User agrees to cooperate with the Company in causing any unauthorized co-branding, framing or linking to immediately cease.
2. Proprietary Information.
User acknowledges and agrees that the Content is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content, including, without limitation, all copyright and trademark rights associated with the Content.
Accordingly, User will not reproduce, reprint, transmit, forward, publish, display, post, distribute or otherwise provide access to such Content to any third party without the express written consent of the Company or the applicable content provider, except that User may forward, post, reprint, download or copy a limited amount of the website Home/Welcome and AboutMe pages solely for User's personal or non-commercial use. In doing so, User will not modify the Content or remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
User shall not forward, post, or email any Content of Special Reports or Publications to any party or person or company or business for any commercial purpose.
User shall not create abstracts from, scrape or display headlines from any Content for use on another website or service. User may not use (other than for personal or non-commercial use) any of the Company's trademarks, logos or graphics without the Company's express prior written consent.
Any User who forwards, posts, reprints or otherwise distributes any Content from a Website, Special Report or Publication, in whole or in part, does so at such User's own risk and assumes full responsibility for any claims, demands, causes of action, actions, damages, liabilities, fines, penalties, and expenses (including, but not limited to attorneys' fees and expenses) that may arise out of or result from such forwarding, posting, reprinting or distributing.
REPRINTING, FORWARDING AND POSTING POLICY: Subject to and in accordance with these Terms and Conditions, User may reprint, forward, post, or otherwise distribute website Home/Welcome and AboutMe pages Content, provided User includes the following citation: [SepticAlert.com and © 2005-2009 James W. Lundy). This permission does not include any Content of Special Reports and Publications.
Any person forwarding, posting, reprinting or otherwise distributing Content from SepticAlert Websites, Special Reports or Publications, in whole or in part, does so at such User's own risk and assumes full responsibility for any claims, demands, causes of action, actions, damages, liabilities, fines, penalties, awards, and expenses that arise out of or result from such forwarding, posting, reprinting or distributing.
3. Disclaimer.
User will have access to a variety of sources of content through the Internet. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Company will have no liability or responsibility whatsoever for any content contained within any such sources. User accesses, uses, and relies upon such content at User's own risk. User understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at User's risk. Company has no control over and accepts no responsibility whatsoever for such materials.
User understands that, except for information, Special Reports, Publications or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services on the Internet in any way.
User also understands that the Company cannot and does not guarantee or warrant that files sent by e-mail or available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. It is the sole responsibility of the User to have appropriate viral detection software in order to determine that e-mail, e-mail attachments or Website downloads from the Company do not contain viruses.
Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. The Company does not assume any responsibility or risk for User's use of the Internet, or the Company's Websites, Special Reports or Publications, or any services associated with the Company's Affiliate Programs, or products purchased or provided from the Company's SepticAlert.com Website.
User expressly agrees that the use of the Company's Websites, Special Reports or Publications, or any services associated with the Company's Affiliate Programs, or products purchased or provided from the Company's SepticAlert.com Website, is at User's sole risk.
THE WEBSITES, SPECIAL REPORTS, PUBLICATIONS, CONTENT AND ALL OTHER PRODUCTS OR SERVICES OFFERED OR MADE AVAILABLE BY THE COMPANY ARE DISTRIBUTED, OFFERED OR OTHERWISE MADE AVAILABLE ON AN "AS IS" BASIS, SUBJECT TO THE COMPANY'S RETURN POLICY FOR PRODUCTS SOLD ON THIS WEBSITE OR ANY OF THE OTHER WEBSITES IN EFFECT AT THE TIME OF SALE ("RETURN POLICY"). EXCEPT AS EXPRESSLY PROVIDED IN THE RETURN POLICY, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY CONTENT, PRODUCTS OR SERVICES ACCESSIBLE OR SOLD WITHIN OR THROUGH THE WEBSITE OR THE SPECIAL REPORTS OR PUBLICATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
USER EXPRESSLY AGREES THAT USE OF THE WEBSITE, SPECIAL REPORTS OR PUBLICATIONS, CONTENT OR OTHER PRODUCTS OR SERVICES ACCESSIBLE OR SOLD WITHIN OR THROUGH THE WEBSITE IS AT USER'S SOLE RISK. NEITHER THE COMPANY, NOR ITS PUBLISHER, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE WEBSITE, SPECIAL REPORTS OR PUBLICATIONS OR CONTENT ARE ERROR FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SPECIAL REPORTS OR PUBLICATIONS, CONTENT OR OTHER PRODUCTS OR SERVICES ACCESSIBLE OR SOLD WITHIN OR THROUGH THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT.
4. Forums.
Information posted on reader forums, comment pages, blogs, or similar portions of a Website ("Forums") is supplied by third parties and other Users unless the Company or its authorized representative identifies itself as the content poster. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties or any other User are those of the respective author(s) and not of the Company. User will not post any of the following material in any Forum:
material which threatens or abuses others, or which is defamatory
or libelous, or which is invasive of another's privacy;
material for which User does not have the right to post, including,
without limitation, material which infringes on the rights of third
parties, including, but not limited to, copyright, trademark, trade
secret, privacy, personal, publicity, moral or proprietary rights;
material which is false;
material which advocates illegal activity or discusses an intent to
commit an illegal act;
material for advertising or commercial solicitation;
material which contains a virus or other harmful code or device;
material which is vulgar, obscene, pornographic, indecent, lewd,
violent, abusive, threatening, harassing, discriminatory or which
constitutes hate speech; or
material which does not pertain directly to the subject matter of the
particular forum.
User will not (i) select or use a name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a persons name in violation of the intellectual property rights of any person; or (iv) use a persons name that the Company, in its sole discretion, deems offensive. In addition, User will not use the Forum to distribute chain letters, mass mailings or spam or to gather e-mail addresses for the purpose of sending spam to other users of the Forums.
The Company reserves the right (but not the obligation) to monitor Forums to determine compliance with these Terms and Conditions, as well as the right to remove or refuse to post any posting, including, without limitation, any of the above postings upon discovery thereof. Notwithstanding these rights, Users remain solely responsible for the content of User's postings.
User acknowledges and agrees that neither the Company nor any third party content provider will assume or have any liability for any action or inaction by the Company or any third party content provider with respect to any posting on the Forums and that the Company cannot verify the accuracy of statements that users post on the Forums and does not guarantee that any material has been posted with permission of the copyright or proprietary owner or is otherwise in compliance with these Terms and Conditions.
Further, User hereby grants to Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, reprint, transmit, post, forward, modify, adapt, publish, sublicense, translate, create derivative works from, distribute, perform and display any message posted in Forums (in whole or in part) worldwide or to incorporate any message in other works in any form, media or technology now known or later developed.
5. User Responsibilities.
User is responsible for complying with these Terms and Conditions, any modifications to these Terms and Conditions, and any other rules and regulations of which the Company gives User notice. User is responsible for obtaining and using all computer hardware and software required for access to and the use of the Websites, Special Reports, the Publications and the Forums.
As a User or Purchaser with an account under User or Purchaser’s name and/or e-mail address, User is personally responsible for any and all uses of the Websites, Special Reports, Publications or the Forums made using User's account identification, including, without limitation, the payment of all fees and charges associated in any way with the use of the Websites, Special Reports, Publications or the Forums, whether or not such use is made by User personally or by a third party using User's account identification. User is responsible for protecting and securing User's account identification from unauthorized use and disclosure. In the event that User becomes aware of or believes that there has been any theft or unauthorized use of User's account identification, or payment information, User must immediately notify the Company.
User or Purchaser hereby certifies to the Company that User is an individual and not a business or institution. User also certifies to the Company that User has and will continue to provide complete, accurate and current information required by the Company to become a User or Purchaser, including, without limitation, User's name, e-mail address, physical address, telephone number and applicable payment information such as User's credit card number and expiration date. User will notify the Company within ten (10) days of any change in User's information. If User does not fully comply with these Terms and Conditions, the Company reserves the right to suspend or terminate User's right to use the Websites, Special Reports, Publications, or the Forums.
Users and Purchasers that are not individuals hereby certify to the Company that User is a business, or a corporation, or an institution, or a non-profit entity and will provide the legal name of the entity or organization when making a purchase. User also certifies to the Company that User and Purchaser has and will continue to provide complete, accurate and current information required by the Company to become a User or Purchaser, including, without limitation, User's name, e-mail address, physical address, telephone number and applicable payment information such as User's credit card number and expiration date. User will notify the Company within ten (10) days of any change in User's information. If User does not fully comply with these Terms and Conditions, the Company reserves the right to suspend or terminate User's right to use the Websites and purchase Special Reports or Publications, and the use of the Forums.
6. Limitation on Liability.
The Company, its licensors, service providers, content providers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, punitive, or special damages, including, without limitation, loss of revenue or income, pain and suffering, emotional distress or similar damages, even if the Company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its licensors, service providers, content providers, employees, agents, officers, directors and shareholders to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the aggregate amount User has paid to the Company for the applicable Content, Special Reports, Publications, or service out of which liability arose.
7. Indemnity.
User will indemnify and hold the Company, its publisher, committee, licensors, licensees, content providers, service providers, contractors, officers, directors, shareholders, employees, affiliates, and agents (the "Indemnified Parties") harmless from any claim, demand, loss, liability, award, judgment, damage or expense (including costs of the investigation and defense and reasonable attorneys' fees), whether or not involving a third-party claim, arising, directly or indirectly, from or in connection with: (a) any breach of these Terms and Conditions by User, including, without limitation, any use of Content other than as expressly authorized in these Terms and Conditions; (b) the forwarding, posting, reprinting or distribution by User of any Content, Special Reports or Publications; or (c) the posting of any and all materials by User on the Forums or the use of such materials in the Company's Special Reports and Publications. The remedies provided in this Section 7 will not be exclusive of or limit any other remedies that may be available to SepticAlert or James W. Lundy or the Company or the other Indemnified Parties.
8. Links to Third Party Websites.
The Websites contains links to websites not under the control of the Company. The Company provides these links simply as a convenience to you; this convenience should not be considered as an endorsement by the Company of the content, operators, products, or services of or available on or through such sites, and the Company does not make any representation or warranty as to the accuracy, quality, completeness, availability, or any other aspect of the information, content, operators, products or services of, or available on, from or through, such sites. The Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any such information, content, operators, products or services of, or available on, from or through, such sites.
9. Links to the Websites.
The Company encourages and permits links to Content on the Websites. However, the Company is an organization committed to the highest ethics and standards, both in fact and appearance. Therefore, the linking should not (a) suggest that the Company promotes or endorses any third party's causes, ideas, websites, products or services, or (b) use the Content for inappropriate commercial purposes. The Company reserves the right to withdraw permission for any link.
10. International Users.
The Websites are controlled and operated within the United States. The Company makes no representation that Content, materials or products available on or through the Websites or the Special Reports or Publications are appropriate or available for use outside of the United States. If User accesses the Websites or purchases Special Reports or Publications from a location outside the United States, User is responsible for compliance with applicable laws, including, without limitation, the export laws and regulations of the United States.
11. Miscellaneous.
These Terms and Conditions, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Websites Special Reports, and Publications and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms and Conditions. These Terms and Conditions will be governed by and construed under the laws of the State of Pennsylvania, without regard to its choice of law rules, and, where applicable, the laws of the United States.
To the extent permissible by law, any disputes under these Terms and Conditions or relating to the Websites, the Content, the Special Reports, the Publications or other products or services accessible or sold by or through the Websites will be litigated in the State or Federal courts located, and User hereby consents to personal jurisdiction and venue, in Centre County, Pennsylvania. A modification or waiver of a part of these Terms and Conditions will not constitute a waiver or modification of any other portion of these Terms and Conditions. If for any reason any provision of these Terms and Conditions is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of these Terms and Conditions will continue in full force and effect.
12. Content Questions.
If you have any questions about the Content, Special Reports, Publications, or these Terms and Conditions, please contact James W. Lundy.