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1. ACCEPTANCE OF TERMS
Welcome to JEGPE.com! This site is provided for your
viewing, subject to the following Terms of Use ("TOU"), which may be updated
from time to time without notice to you. You can review the most current version
of the TOU at any time at: http://www.jegpe.com/terms_of_use.html.
2. DESCRIPTION OF SERVICE
This site currently provides users with information
about Joseph E. Greenawalt, P.E. and access to a rich collection of links to
other on-line resources. In order to use this site, you must obtain access to
the World Wide Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the World Wide
Web, including a computer and modem or other access device. Please be aware that
the World Wide Web (www) has certain areas that contain adult or mature content.
You must be at least 18 years of age to access and view such areas.
3. REGISTRATION
In consideration of use of this site, you agree to
provide true, accurate, current and complete information about yourself when
making contact through any of the links imbedded in this domain. If you provide
any information that is untrue, inaccurate, not current or incomplete, or
JEGPE.com has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, JEGPE.com has the right to refuse to
respond.
4. PRIVACY POLICY
All communications will be kept confidential except as
specifically authorized by you or in the good faith belief that such action is
reasonably necessary to comply with the law, legal process, to enforce the TOU,
or under any of the other circumstances set forth in the privacy policy, as may
be amended from time to time.
5. CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated. This means
that you, and not JEGPE.com, are entirely responsible for all Content that you
download or access via this site. JEGPE.com will endeavor to promptly correct
errors and omissions in this site that you report. To the extent that JEGPE.com
controls the Content viewed via this site, JEGPE.com cannot guarantee the
accuracy, integrity or quality of Content of other domains. You understand that
by using this site, you may be exposed via this site to Content that is
offensive, indecent or objectionable.
You agree to not use this site to:
(a) download, post or otherwise transmit any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity or falsely state or
otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted through this site;
(e) download, post or otherwise transmit any Content
that you do not have a right to transmit under any law or under contractual or
fiduciary relationships such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
(f) download, post or otherwise transmit any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
(g) download, post or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;
(h) download, post or otherwise transmit any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of this site are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage in real
time exchanges;
(j) interfere with or disrupt this site or servers or
networks connected to this site, or disobey any requirements, procedures,
policies or regulations of networks connected to this site;
(k) intentionally or unintentionally violate any
applicable local, state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law;
(l) "stalk" or otherwise harass another;
(m) collect or store personal data about other users;
(n) promote or provide instructional information about
illegal activities, promote physical harm or injury against any group or
individual, or promote any act of cruelty to animals. This may include, but is
not limited to, providing instructions on how to assemble bombs, grenades and
other weapons, and creating "Crush" sites.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in
which you reside.
7. CONTENT
JEGPE.com claims ownership of the Content placed on this
site. By submitting Content to JEGPE.com for inclusion on this site, you grant
JEGPE.com the world-wide, royalty-free, and non-exclusive license to reproduce,
modify, adapt and publish the Content solely for the purpose of displaying,
distributing and promoting this site. JEGPE.com will make reasonable effort to
identify the source either expressed or by imbedded hyperlink. JEGPE.com
reserves the right to reject or refuse any content, without notice or
explanation. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content.
8. INDEMNITY
You agree to indemnify and hold JEGPE.com, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of the Content, your use of
this site, your connection to this site, your violation of the TOU, or your
violation of any rights of another.
9. NO RESALE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of this site, use of this site, or access to this
site.
10. GENERAL PRACTICES REGARDING USE
You acknowledge that JEGPE.com may establish general
practices and limits concerning use of this site.
11. MODIFICATIONS
JEGPE.com reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, this site (or any
part thereof) with or without notice. You agree that JEGPE.com shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of this site.
12. TERMINATION
You agree that JEGPE.com, in its sole discretion, may
terminate use of this site or use of any other JEGPE.com service, and remove and
discard any Content within this site, for any reason, including, without
limitation. JEGPE.com may also in its sole discretion and at any time
discontinue providing this site, or any part thereof, with or without notice.
You agree that any termination of your access to this site under any provision
of this TOU may be effected without prior notice, and acknowledge and agree that
JEGPE.com may immediately deactivate or delete JEGPE.com and all related
information and files in JEGPE.com and/or bar any further access to such files
or this site. Further, you agree that JEGPE.com shall not be liable to you or
any third party for any termination of your access to this site.
13. ADVERTISEMENTS AND PROMOTIONS
JEGPE.com may advertise and promote its services on
JEGPE.com. You agree that JEGPE.com has the right to run such advertisements and
promotions. The manner, mode and extent of advertising by JEGPE.com on JEGPE.com
is subject to change. Your correspondence or business dealings with, or
participation in promotions of, other advertisers found through this site,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that JEGPE.com shall not
be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the access to such advertisers
through this site.
14. LINKS
This site may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because JEGPE.com has no
control over such sites and resources, you acknowledge and agree that JEGPE.com
is not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that JEGPE.com shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
15. JEGPE.COM PROPRIETARY RIGHTS
You acknowledge and agree that this site and any
necessary software used in connection with this site ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
Content contained in information presented to you through this site is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by JEGPE.com or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative works
based on this site or the Software, in whole or in part. JEGPE.com grants you a
personal, non-transferable and non-exclusive right and license to use this site
on a single computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in the
Software. You agree not to access this site by any means other than through the
interface that is provided by JEGPE.com for use in accessing this site.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS
SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JEGPE.COM EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) JEGPE.COM MAKES NO WARRANTY THAT (1) THIS SITE WILL
MEET YOUR REQUIREMENTS, (2) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL
BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR
EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM
JEGPE.COM OR THROUGH OR FROM THIS SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY
STATED IN THE TOU.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JEGPE.COM SHALL
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 JEGPE.COM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE; OR (v) ANY
OTHER MATTER RELATING TO THIS SITE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
16 AND 17 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO
FINANCIAL MATTERS
This site is provided for informational purposes only,
and no Content included in this site is intended for trading or investing
purposes. JEGPE.com shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted via this site, and
shall not be responsible or liable for any trading or investment decisions made
based on such information.
20. NOTICE
Notices to you may be made via either email or regular
mail. This site may also provide notices of changes to the TOU or other matters
by displaying notices or links to notices to you generally on this site.
21. COPYRIGHTS
JEGPE.com respects the intellectual property rights of
others and we ask our users to do the same.
22. GENERAL INFORMATION
The TOU constitute the entire agreement between you and
JEGPE.com and govern your use of this site, superseding any prior agreements
between you and JEGPE.com or (including, but not limited to, any prior versions
of the TOU).
You also may be subject to additional terms and
conditions that may apply when you use affiliate or other JEGPE.com services,
third-party content or third-party software. The TOU and the relationship
between you and JEGPE.com shall be governed by the laws of the State of Texas
without regard to its conflict of law provisions. You and JEGPE.com agree to
submit to the personal and exclusive jurisdiction of the courts located within
the county of Tarrant, Texas. The failure of JEGPE.com to exercise or enforce
any right or provision of the TOU shall not constitute a waiver of such right or
provision. If any provision of the TOU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOU remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of this site or the TOU must be
filed within one (1) year after such claim or cause of action arose or be
forever barred. The section titles in the TOU are for convenience only and have
no legal or contractual effect.
23. VIOLATIONS
Please report any violations of the TOU to the
Webmaster@JEGPE.com.
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