Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT
AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
General
North Trinity Lake Online (Site) is owned and operated by Trinity Lake Revitalization
Alliance (TLRA), a California Corporation. TLRA reserves the right to change or discontinue
any aspect or feature of the Site at any time, including, without limitation,
the content, fees, hours of availability, and equipment needed for access
or use of the Site.
Equipment
You shall be responsible for obtaining and maintaining all telephone, computer hardware
and any other equipment or services needed for access to and use of the Site and all
charges related thereto.
Restrictions on Use
You shall use the Site for lawful purposes only. You shall not post or transmit
through the Site any material which violates or infringes in any way upon the rights
of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane or otherwise objectionable;
which encourages conduct that would constitute a criminal offense, gives rise to
civil liability or otherwise violate any law. Without TLRA's express prior approval,
you shall not post or transmit through the Site any material which contains advertising
or any solicitation with respect to products or services. You shall not use the Site
to advertise or perform any commercial solicitation, including, without limitation,
the solicitation of users to become subscribers of other on-line information services
competitive with the Site. Any conduct by you that in TLRA's sole discretion restricts
or inhibits any other user from using or enjoying the Site will not be permitted.
The Site contains copyrighted material, trademarks and other proprietary information,
including, without limitation, text, software, photos, video, graphics, music and sound,
and the contents of the Site are copyrighted under the United States copyright laws.
You may not modify, publish, transmit, display, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in whole or in part.
Except as otherwise expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material will
be permitted without the express written permission of TLRA and the copyright owner.
In the event of any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark legend or
copyright notice shall be made and no ownership rights shall be transferred.
You shall not e-mail, upload, post or otherwise make available on the Site any material
protected by copyright, trademark, or other proprietary right without the express
permission of the owner of the copyright, trademark, or other proprietary right
and the burden of determining that any material is not protected by copyright
rests with you. You shall be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or any other harm resulting from
such a submission. Subject to TLRA's policies regarding privacy, any e-mails, notes,
message/billboard/forum postings, ideas, suggestions, concepts or other material
submitted will be treated as non-confidential and non-proprietary and will become
the property of TLRA. By submitting material to the TLRA, you automatically grant,
or warrant that the owner of such material has expressly granted TLRA the royalty-free,
worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, display, translate and distribute such material (in whole
or in part) and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed. You also permit any other user of the
Site to access, view, store or reproduce the material for that user's personal use.
By submitting information to North Trinity Lake Online, you grant TLRA the right to
edit, copy, display, publish and distribute such information, subject to the provisions
of the North Trinity Lake Online Privacy Policy.
The foregoing provisions of the "Restrictions on Use" are for the benefit of TLRA,
its management, subsidiaries, affiliates and its third party content providers and
licensors and each shall have the right to assert and enforce such provisions directly
or on its own behalf.
Disclaimer of Warranty; Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER TRINITY LAKE
REVITALIZATION ALLIANCE, ITS OWNERSHIP, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN,
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE
PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER
FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS
DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY
ACKNOWLEDGE THAT TRINITY LAKE REVITALIZATION ALLIANCE IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL TRINITY LAKE REVITALIZATION
ALLIANCE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER
IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE. THE FOREGOING DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
Monitoring
Trinity Lake Revitalization Alliance shall have the right in its sole discretion to
refuse to post or remove any material submitted to or posted on the Site. Without
limiting the foregoing, TLRA shall have the right to remove or not display any material
that TLRA, in its sole discretion, finds to be in violation of the provisions hereof
or otherwise objectionable, unacceptable or non-applicable.
Indemnification
You agree to defend, indemnify and hold harmless Trinity Lake Revitalization Alliance
and its ownership, affiliates and their respective directors, officers, employees
and agents from and against any and all claims, actions, demands, damages, costs,
liabilities, losses and expenses (including reasonable attorneys' fees) arising out
of your use of the Site.
Trademarks
Trinity Lake Revitalization Alliance and its logo are trademarks of Trinity Lake
Revitalization Alliance. All rights reserved. All other trademarks appearing on the
Site are the property of their respective owners.
Third Party Content
Trinity Lake Revitalizaiton Alliance is not a publisher of content supplied by third
parties and users of the Site. Any opinions, advice, statements, services, offers,
or other information or content expressed or made available by third parties,
including information providers and users, are those of the respective author(s)
or distributor(s) and not of TLRA. In many instances, the content available
through the Site represents the opinions and judgments of the respective information
provider or user. TLRA neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement made on the Site by anyone other
than authorized TLRA employee spokespersons while acting in their official capacities.
The Site incorporates links to many other web sites.
North Trinity Lake Online and TLRA do not in any way endorse, nor are they responsible
for, the availability of and/or the content on those other web sites.
Viruses or Worms
North Trinity Lake Online and Trinity Lake Revitalization Alliance assume no
responsibility, and shall not be liable for, any damages to, or viruses/worms that may
infect, your computer equipment or other property on account of your access to, use of,
or browsing in the Site or your downloading of any materials, data, text, images, email,
video, or audio from the Site. You are responsible for running proper protection methods
on your equipment.
Change of Terms
Trinity Lake Revitalization Alliance has the right at any time to change or modify the
terms and conditions applicable to use of the Site, or any part thereof, or to impose new
conditions, including, without limitation, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately upon notice thereof,
which may be given by any means including, without limitation, posting on the Site, or by
electronic or conventional mail, or by any other means. Any use of the Site by you after
such notice shall be deemed to constitute acceptance of such changes, modifications,
additions or deletions.
Miscellaneous
These terms of use constitute the entire agreement of the parties with respect to the
subject matter hereof and supersede all previous written or oral agreements between
the parties with respect to such subject matter. These terms of use shall be construed
in accordance with the laws of the State of California, without regard to its conflict
of laws rules. You hereby consent to the personal jurisdiction of the State of California,
acknowledge that venue is proper in any state or Federal court in the State of California,
agree that any action related to these terms of use must be brought in a state or Federal
court in the State of California, and waive any objection that may exist, now or in the
future, with respect to any of the foregoing. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or
default. The section headings used herein are for convenience only and shall not be given
any legal import.
