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This Terms of Use Agreement (the "Agreement")
is between you, any company or business entity on whose
behalf you are acting, and Stearns Johnson Communications,
Inc. By your use of the Stearns Johnson Communications
Site you agree, without limitation or qualification,
to be bound by, and comply with this and all future Agreements.
If you do not wish to be bound by the terms of this Agreement,
please do not use this Web site.
EVERYTHING on this site, and all related sites, is
copyrighted unless otherwise stated. All trademarks and
logos are either owned by us or we are using them with
the owners permission. DO NOT copy, reproduce,
republish, upload, distribute, modify, transmit or reuse
anything from this site, including but not limited to
text, images, graphics, html, or content for public or
commercial uses. You may print information from this
site but only ONE copy for NONCOMMERCIAL, PERSONAL use. REMEMBER,
unauthorized use of any copyrighted material is a violation
of national and international law.
While visiting our site or any of our clients sites, you're agreeing to the terms
and conditions listed on this page.
You agree not to attempt to access any of Stearns Johnson
Communications' systems, programs or data that are not
made available for your use. You represent, warrant and
covenant that: (a) you will not upload, post or transmit
to, or distribute or otherwise publish through the Stearns
Johnson Communications Site either directly or indirectly
any materials which: (i) restrict or inhibit any other
user from using and enjoying the Stearns Johnson Communications
Site; (ii) are unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, offensive, pornographic,
profane, sexually explicit, or indecent; (iii) constitute
or encourage conduct that would constitute a criminal
offense, give rise to civil liability or, otherwise violate
law; (iv) violate, plagiarize, or infringe the rights
of third parties including, without limitation, copyright,
trademark, patent, rights of privacy or publicity, or
any other proprietary right; (v) contain a virus or other
harmful component; (vi) contain any information, software
or other material of a commercial nature; (vii) are unsolicited
email ("Spam"); or (viii) constitute or contain
false or misleading indications of origin or statements
of fact; and (b) that you are at least eighteen (18)
years old. You specifically agree to comply with all
agree with all local rules regarding online conduct and
acceptable content.
Some features on the Stearns Johnson Communications
Site require registration. By registering at, and in
consideration of, your use of the Stearns Johnson Communications
Site, you agree to provide true, accurate, current, and
complete information about yourself, and to maintain
and promptly update such information. You may only maintain
one active registration with Stearns Johnson Communications.
By accepting this Agreement, you certify that you have
no other registration with Stearns Johnson Communications.
Some features on the Stearns Johnson Communications
Site require use of a password. You are responsible for
protecting your password. You agree that you will be
responsible for any and all statements made, and acts
or omissions which occur, through the use of your password.
If you have any reason to believe or become aware of
any loss, theft, or unauthorized use of your password
you agree to notify Stearns Johnson Communications immediately.
Stearns Johnson Communications will assume that any communication
it receives under your password will have been made by
you unless Stearns Johnson Communications receives notice
otherwise.
You, or third parties, are not allowed to frame our
site, or use our proprietary marks as meta tags, without
our written consent. You may not use frames or utilize
framing techniques or technology to enclose any Stearns
Johnson Communications Content without Stearns Johnson
Communications' express written consent. Further, you
may not utilize any Stearns Johnson Communications Content
in any meta tags or any other "hidden text" techniques
or technologies without Stearns Johnson Communications'
express written consent.
Stearns Johnson Communications may make its services
available for purchase from time to time through the
Stearns Johnson Communications Site. Stearns Johnson
Communications makes a conscientious effort to provide
accurate information regarding the features, specifications,
pricing, and availability of Stearns Johnson Communications'
products and services ("Product Information").
Occasionally, Information may contain typographical errors,
inaccuracies, or omissions, and therefore Stearns Johnson
Communications cannot and does not guarantee the accuracy
or completeness of this Information. Stearns Johnson
Communications reserves the right to correct any errors,
inaccuracies, or omissions, and to change or update information
at any time without prior notice to you.
Services Information on the Stearns Johnson Communications
Site does not constitute an offer to sell. Rather, Services
Information is provided merely for advertising purposes.
Your submission of an order to Stearns Johnson Communications
constitutes an offer to purchase which, if accepted by
Stearns Johnson Communications, shall be subject to Stearns
Johnson Communications' terms and conditions of sale.
Stearns Johnson Communications may for any reason change,
suspend, or discontinue any aspect of the Stearns Johnson
Communications Site, this Agreement or Stearns Johnson
Communications Content at any time without notice or
liability to you ("Changes"). Changes become
effective upon posting on the Stearns Johnson Communications
Site. Your use of the Stearns Johnson Communications
Site after the time Changes are posted indicates your
assent to the Changes. Stearns Johnson Communications
may also impose limits on certain features and services
or restrict your access to parts or all of the Stearns
Johnson Communications Site without notice or liability.
Your exclusive remedy in the event of any of the foregoing
will be to terminate your use of the Stearns Johnson
Communications Site. Upon termination, you must immediately
destroy any downloaded and/or printed Stearns Johnson
Communications Content, and any installations thereof,
which you have obtained from the Stearns Johnson Communications
Site.
You agree that Stearns Johnson Communications may at
any time, and at its sole discretion, terminate your
use of the Stearns Johnson Communications Site without
prior notice to you for violating any of the above provisions
or for other reasons that Stearns Johnson Communications
deems necessitate such termination, in Stearns Johnson
Communications' discretion.
You agree to indemnify, defend, and hold harmless Stearns
Johnson Communications, from and against any claim, liability,
cost, damage, expense, or loss it may incur (including,
without limitation, reasonable attorneys' fees and costs)
as a result of: (i) your use of User-Provided Content
or Stearns Johnson Communications Content; (ii) any content
provided by you; (iii) any violation by you of your obligations
under this Agreement; and (iv) any violation by you of
the rights of others. Stearns Johnson Communications
reserves the right, but not the obligation to, at its
own expense, assume control of the defense of any action
subject to indemnification by you under this Agreement.
You agree not to settle any claim arising under this
Agreement without the prior written consent of Stearns
Johnson Communications. You will use your best efforts
to cooperate with Stearns Johnson Communications in the
defense of any claim.
STEARNS JOHNSON COMMUNICATIONS EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, REGARDING THE COMPLETENESS, TRUTHFULNESS,
ACCURACY, NON-INFRINGEMENT OF PROPRIETARY RIGHT, MERCHANTABILITY,
OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CONTENT
FOUND HEREIN. ALL CONTENT PROVIDED ON THE STEARNS JOHNSON
COMMUNICATIONS SITE IS TO BE USED ON AN "AS IS,
WITH ALL FAULTS" AND "AS AVAILABLE" BASIS.
FURTHER, STEARNS JOHNSON COMMUNICATIONS MAKES NO WARRANTY
THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT FILES
AVAILABLE FOR DOWNLOADING WILL BE FREE OF VIRUSES, WORMS
OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE
PROPERTIES, OR THAT THE QUALITY OF ANY SERVICES, INFORMATION,
OR OTHER MATERIAL WILL MEET YOUR EXPECTATIONS OR WILL
BE ACCURATE, RELIABLE OR RESULT IN REVENUE OR SAVINGS
TO YOU.
You agree that Stearns Johnson Communications will not
be held liable to anyone for any loss or injury resulting
from your direct or indirect use of the Stearns Johnson
Communications Site. This includes, but is not limited
to, loss or injury caused in whole or in part by Stearns
Johnson Communications' procuring, compiling, interpreting,
reporting or delivering any portion of the Stearns Johnson
Communications Site. Some jurisdictions do not allow
the disclaimer of such warranties, so this may not apply
to you, but the disclaimer will apply to the furthest
extent allowed by law.
You acknowledge that Stearns Johnson Communications
will not be liable for any direct, indirect, incidental,
special, consequential or exemplary damages, including
but not limited to damages for loss of profits, goodwill,
use, data or other intangible losses (even if Stearns
Johnson Communications has been advised of the possibility
of such damages), resulting from or related to the use
or inability to use the Stearns Johnson Communications
Site whether or not such loss or damage is based on contract,
tort (including negligence and strict liability) or otherwise.
Some jurisdictions do not allow the waiver of such damages,
so this may not apply to you, but the waiver will apply
to the furthest extent allowed by law.
The Stearns Johnson Communications Site may contain
links to, or be linked from, other non-Stearns Johnson
Communications Web sites. Stearns Johnson Communications
makes no claim or representation regarding, and accepts
no responsibility for any content, products, or materials
on such sites, nor does it assume any responsibility
for your reliance on or use of content, products or other
materials obtained from such sites. Such reliance is
at your own risk.
This Agreement, your rights and obligations, and all
actions contemplated by this Agreement will be governed
by the laws of the United States of America and the State
of California (except with respect to its conflict of
law provisions) as if the Agreement were a contract wholly
entered into and wholly performed in San Francisco County,
California independent of your actual state or country
of residence. Any dispute arising out of or relating
to this Agreement whether at law or in equity will be
resolved exclusively in the federal or state courts located
in San Francisco County, California, and you hereby irrevocably
and unconditionally consent to the exclusive jurisdiction
and venue of such courts.
This Agreement constitutes the entire agreement between
Stearns Johnson Communications and you with respect to
your use of the Stearns Johnson Communications Site.
Any cause of action you may have with respect to your
use of the Stearns Johnson Communications Site must be
commenced within one (1) year after the claim or cause
of action arises. If for any reason a court of competent
jurisdiction finds any provision of the Agreement, or
portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so
as to affect the intent of the Agreement, and the remainder
of this Agreement shall continue in full force and effect.
All provisions of this Agreement which impose obligations
continuing in their nature shall survive the termination
or expiration of this Agreement, including but not limited
to, provisions for indemnity and any licenses granted
by you to Stearns Johnson Communications. The failure
of Stearns Johnson Communications to exercise or enforce
any provision of this Agreement shall not constitute
a waiver of such right or provision.
If you have any questions or comments regarding the
Stearns Johnson Communications Site or its contents,
please contact us by email at info@Stearns
Johnson Communications.com or by regular mail at:
Stearns Johnson Communications, Inc.
Attention: Webmaster
582 Market Street, Suite 1901
San Francisco , CA 94104
USA
Stearns Johnson Communications, Inc., ("Stearns
Johnson Communications") prohibits the posting of
materials that infringe the intellectual property rights
of others. In addition, Stearns Johnson Communications
expressly reserves the right to remove any content that
infringes the intellectual property of others or that
violates Stearns Johnson Communications' Terms of Use.
Stearns Johnson Communications may terminate the use
of its Web site by users who Stearns Johnson Communications
has reason to believe have engaged in such conduct.
If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide
Stearns Johnson Communications' Copyright Agent with
a notice containing the following information:
1. An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest;
2. a description of the copyrighted work that you claim
has been infringed;
3. a description of where the material that you claim
is infringing is located on the Stearns Johnson Communications
web site;
4. your address, telephone number, and email address;
5. 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;
6. 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 owner's behalf.
Stearns Johnson Communications's Copyright Agent for
notice of claims of copyright infringement can be reached
as follows:
By mail:
Stearns Johnson Communications, Inc.
Attention: Webmaster
582 Market Street, Suite 1901
San Francisco , CA 94104
USA
By phone: 1-415-397-7600
stearnsjohnson.com
info@stearnsjohnson.com
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