FORUMS, BLOGS AND CHAT ROOM USE - WEB SITE OWNERS RIGHTS AND DUTIES

SECTION 1. As a Chat Room, Forum or Blogging facility User you are responsible for your own communications and are responsible for the consequences of posting those communications. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) do not represent or guarantee the truthfulness, accuracy, or reliability of any of material posted by Chat Room, Forum or Blogging User or endorse any opinions expressed by Users. User acknowledges that any reliance on material posted by other Users will be at Users own risk. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) do not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Chat Room, Forum or Blogging User Agreement, Dr Mario Burghausen (Registrant/ Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor)  have no liability or responsibility to Users for performance or nonperformance of such activities. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) reserve the right to expel Users and prevent their further access to the Chat Room, Forum or Blogging facilities for violating the Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.

SECTION 2. USER AGREEMENT. In consideration of being allowed to use the Chat Room, Discussion Forum and Blogging facilities provided by Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor), User agrees that User will not:
a. Use the Chat Room, Discussion Forum or Blogging facilities for any purpose in violation of local, state, or national laws of any country.
b. Post material that is copyrighted, unless User is the copyright owner or has the permission of the copyright owner to post it.
c. Post material that reveals trade secrets, unless User owns them or has the permission of the copyright owner.
d. Post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.
e. Post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity.
f. Post sexually-explicit images.
g. Post advertisements or solicitations of business.
h. Disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form).
i. Post chain letters or pyramid schemes.
j. Impersonate another person.

SECTION 3. LICENSE. By posting communications, User grants:
a. To Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor): A royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, translate, distribute, perform and display those communications alone or as part of other works in any form, media, or technology whether now known or hereafter developed and sublicense such rights through multiple tiers of sublicensees.
b. To other Users: The right to access, view, store, and reproduce the communications for personal use only. Any other uses (i.e. the use for teaching, non-profit or commercial purposes) require the copyright permission in writing by Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor).


DOWNLOAD AGREEMENT

Section 1. Intellectual Property Rights. The Products and Downloads at this site are protected by copyright and other intellectual property laws, and all intellectual property rights in the Products/Downloads belong to Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) and/or the original author/s. You may not reproduce, publish, transmit, modify, create derivative works from, publicly display, or publicly perform the Products/Downloads. Copying or storing the Products/Downloads other than as permitted in Section 2 is expressly prohibited unless you obtain prior written permission from Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor).

Section 2. Permitted and Prohibited Uses. You may use the Products/Downloads on a single computer for your personal use. You may make a single copy of the Products/Downloads for archival purposes and may use such copy only when the original copy is not in use. You may not use the Products/Downloads on a computer network or allow concurrent use of the Products/Downloads by more than the subscribing individual. You may not rent, lease or otherwise transfer the Products/Downloads. Unless permitted by law, you may not reverse engineer, decompile, or disassemble the Products/Downloads.

Section 3. Limited Warranty. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) warrant to the original purchaser or licensee that the Products/Downloads for any paid subscription period that the member continues to subscribe or remains registered for. This Limited Warranty applies only if the nonconformance is reported to Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) during the Warranty Period. It is void if the failure of the Products/Downloads is the result of accident, abuse, misapplication, or inappropriate use of the Products/Downloads.

Section 4. No Other Warranties. TO THE EXTENT PERMITTED BY LAW, Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) DISCLAIM ALL OTHER WARRANTIES ON THE PRODUCTS/DOWNLOADS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE DURATION OF ANY STATUTORILY-REQUIRED WARRANTY PERIOD SHALL BE LIMITED TO THE TERM OF THE LIMITED WARRANTY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, DEPENDING UPON WHERE YOU LIVE. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.

Section 5. Exclusive Remedy. The exclusive remedy for breach of this Agreement shall be, at Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) option, either (a) the repair or replacement of the Products/Downloads that does not meet Companys Limited Warranty (and is returned with proof of license); or (b) a refund of the price, if any, which you paid to license the Products/Downloads.

Section 6. Disclaimer of Consequential Damages. UNDER NO CIRCUMSTANCES SHALL Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF THE PRODUCTS/DOWNLOADS OR INABILITY TO USE THE PRODUCTS/DOWNLOADS, INCLUDING WITHOUT LIMITATION, COMPUTER FAILURE, WORK STOPPAGE OR ANY OTHER DAMAGES, EVEN IF Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Section 7. Limitation on Liability. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) LIABILITY SHALL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE PRODUCTS/DOWNLOADS.

Section 8. Export Control. The United States controls the export of Products/Downloads and information. You agree to comply with such restrictions and not to export or re-export the Products/Downloads to countries or persons prohibited under the export control laws. By downloading the Products/Downloads, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of the Products/Downloads.

Section 9. Taxes. You shall be responsible for the payment of all sales, use and similar taxes relating to the license of the Products/Downloads.

Section 10. Government Users. If the Products/Downloads is downloaded by or on behalf of the United States of America, its agencies and/or instrumentalities ( U.S. Government ), it is provided with Restricted Rights. Use, duplication, or disclosure of the Products/Downloads by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252-227-7013 or subparagraphs (c)(1) an d(2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

Section 11. General Terms. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. This agreement constitutes the entire agreement between you and Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) with respect to this transaction. Any changes to this agreement must be made in writing and signed by the owner of this web site domain (Dr Mario Burghausen).