ByYourSite web site terms of use

Acceptance of Contract Terms

The following are terms of a legal agreement between you and ByYourSite Consulting ("ByYourSite"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. The site is provided to you "as is" as a free service ("Service"). If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by ByYourSite from its offices within the United States and hosted by SpeakEasy.net. ByYourSite makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of California.

Term of use revisions

ByYourSite may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

Use Restriction

The copyright in all material provided on this Site is held by ByYourSite or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ByYourSite or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without ByYourSite's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

If you believe that content appearing on any ByYourSite sites constitutes copyright infringement of another party's rights, please contact us at copyrights@byyoursite.com.

Our Transmissions

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and nonproprietary, and may be disseminated or used by ByYourSite or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to ByYourSite will be handled in accordance with ByYourSite Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by ByYourSite, ByYourSite does not operate, control or endorse any information, products or services on the Internet in any way. Except for ByYourSite's identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with ByYourSite. You also understand that ByYourSite cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. ByYourSite PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND ByYourSite SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. ByYourSite DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

Links to and from third party sites

ByYourSite makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. The linked sites are not under the control of ByYourSite and ByYourSite is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ByYourSite is not responsible for webcasting or any other form of transmission received from any linked site. ByYourSite is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ByYourSite of the site. In addition, a link to a ByYourSite web site does not mean that ByYourSite endorses or accepts any responsibility for the content, or the use, of such web site.

You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. ByYourSite has no control over and accepts no responsibility whatsoever for such materials.

Limitation of Liability

IN NO EVENT WILL ByYourSite BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ByYourSite OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE; WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ByYourSite's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

FOR YOUR CONVENIENCE, ByYourSite MAY MAKE AVAILABLE ON THIS SITE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ByYourSite DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS SITE OR IN ByYourSite's SOFTWARE PRODUCTS.

Indemnification

You agree to indemnify, defend and hold ByYourSite, its employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

Third Party Rights

The provisions of paragraphs Use of the Service, and Indemnification are for the benefit of ByYourSite and its employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Termination

This Agreement may be terminated by either party without notice at any time for any reason. The provisions provided herein shall survive any termination of this Agreement.

Trademarks

ByYourSite, ByYourSite Consulting, ByYourSite Partners, ByYourSite Partners logo, BYS and/or any other names of ByYourSite, or its publications, products, content or services referenced herein or on the Site are trademarks of ByYourSite in the United States and/or other countries.

Unless otherwise noted, the example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious, and no association with any real company, organization, product, domain name, e-mail address, logo, person, place or event is intended or should be inferred.

The names of actual companies and products mentioned in the Site may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

COPYRIGHT NOTICE. Copyright 2000-2001 ByYourSite
Piedmont, California, USA. All rights reserved.