Blue Ridge Software - TERMS OF SERVICE

 


1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

BlueRidgeSoftware.org, (BRS) owned and operated by Blue Ridge Sofware LLC, (BRSLLC) is provided to you ("Member") under the terms and conditions of this BRS Terms of Service (BRSTOS) and any operating rules or policies that may be published by BRSLLC. The MTS comprises the entire agreement between Member and BRS and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE BRSTOS.

2. DESCRIPTION OF SERVICE

(BRS) provides Member with various publishing and web services, including but not limited to the capability to post information to a web page. These services may cost money or have other requirements or be free of charge. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to this BRSTOS. The requirements or fees for any service or option will be clearly explained and separately agreed to when Member implements those options, if any. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access.

3. MODIFICATIONS TO TERMS OF SERVICE

BRSLLC may change the terms and conditions of the BRSTOS from time to time. Upon major changes in the terms and conditions of the BRSTOS, BRSLLC will notify you. Minor changes in the terms and conditions of the BRSTOS will be posted to News at http://www.blueridgesofware.org/news. Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the BRSTOS and BRSTOS modifications; and (2) agreement by Member to abide and be bound by the BRSTOS and BRSTOS modifications.

4. MODIFICATIONS TO SERVICE

BRSLLC reserves the right to modify or discontinue the Service with or without notice to Member. BRSLLC shall not be liable to Member or any third party should BRSLLC exercise BRSTOS right to modify or discontinue the Service.

5. PRIVACY POLICY

All information entered into agreements by Member is private to Member except to the extent that he or she opts to share that information with other BRSLLC members and/or the public, through any BRSLLC service or otherwise. It is BRSLLC's policy to respect the privacy of Members. Therefore, BRSLLC will not disclose to any third party Member's name or contact information. BRSLLC will also not monitor, edit, or disclose the contents of a Member's information unless required to do so by law or in the good faith belief that such action is necessary to:

(1) conform to the edicts of the law or comply with legal process served on BRSLLC;
(2) protect and defend the rights or property of BRSLLC;
(3) act under exigent circumstances to protect the personal safety of BRSTOS members or the public;
(4) fix or debug problems with any BRSLLC software/service;
(5) by Member's request for assistance.

6a. CONTENT OWNERSHIP

Unless stated otherwise for specific services, Member will retain copyright ownership and all related rights for information he or she publishes through BRS or otherwise enters into BRS-related services.

6b. CONTENT RESPONSIBILITY

Member acknowledges and agrees that BRSLLC neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

7. MEMBER 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 BRSLLC, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. BRSLLC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. BRSLLC reserves the right to modify or discontinue the Service with or without notice to Member, when the Service is being accessed in a manner that is inconsistent with the intended use, fraudulent, or causes performance impairment to other members.

You agree to not use the Service to:

(a) upload, 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, including, but not limited to, a BRSLLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) upload, 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);
(e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) upload, 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;
(g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(h) 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;
(i) "stalk" or otherwise harass another;
(j) collect or store personal data about other users;
(k) 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" or "Anarchy" sites.

8. CONTENT SUBMITTED TO BRS

BRSLLC does not claim ownership of the Content you place on your BRS Site. BRSLLC may quote or reproduce small portions of your content (if you have made it public) in order to promote your BRS site and/or the BRS service, but only on a fair-use-type basis. You acknowledge that BRSLLC does not pre-screen Content, but that BRSLLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, BRSLLC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. 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.

9. THIRD PARTY SERVICES

BRSLLC uses technology partners to provide certain features. By using those features you agree to the terms of service provided by said third party vendors. Current list of features with third party providers; 1) The data grids are provided in partnership with Gurú Sistemas Ltd, located at gurusistemas.com.

10. INDEMNITY

You agree to indemnify and hold BRSLLC, 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 your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

12. MEMBER ACCOUNT, PASSWORD, AND SECURITY

Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time; you may also set up a new account and close an old one at your convenience. Member agrees to immediately notify BRSLLC of any unauthorized use of Member's account or any other breach of security known to Member.

13. TERMINATION

You agree that BRSLLC, in its sole discretion, may terminate your password, BRS Site, use of the Service or use of any other BRSLLC service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if BRSLLC believes that you have violated or acted inconsistently with the letter or spirit of the TOS. BRSLLC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that BRSLLC may immediately deactivate or delete your BRS Site and all related information and files in your BRS Site and/or bar any further access to such files or the Service. Further, you agree that BRSLLC shall not be liable to you or any third-party for any termination of your access to the Service.

14. ADVERTISEMENTS AND PROMOTIONS

BRSLLC runs advertisements and promotions on BRS Sites. By creating your BRS membership, you agree that BRSLLC has the right to run such advertisements and promotions, and to contact you on behalf of the Service or third parties. You also agree that you will not attempt to block or otherwise interfere with advertisements displayed on your BRSLLC site via JavaScript or any other means. Doing so is grounds for immediate termination of service. The manner, mode and extent of advertising by BRSLLC on your BRS Site is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 BRSLLC 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 presence of such advertisers on the Service.

15. BRSLLC PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("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 sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

16. DISCLAIMER OF WARRANTIES

MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

BRSLLC 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.

BRSLLC MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. BRSLLC MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

17. LIMITATION OF LIABILITY

BRSLLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18. STORAGE AND OTHER LIMITATIONS

BRSLLC assumes no responsibility for the deletion or failure to store information entered into BRS. BRSLLC retains the right, at BRSLLC's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the BRSTOS and may terminate Service if a Member's conduct is found to be inconsistent with the BRSTOS.

19. NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail. BRSLLC may broadcast notices or messages through the Service to inform Member of changes to the BRSTOS, the Service, additional products or features, or other matters of importance; such broadcasts shall constitute notice to Member.

20. LAWS

The BRSTOS shall be governed by and construed in accordance with the laws of the state of Virginia, excluding BRSTOS conflict of law provisions. Member and BRSLLC agree to submit to the exclusive jurisdiction of the courts of the state of Virginia. If any provision(s) of the BRSTOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. BRSLLC's failure to exercise or enforce any right or provision of the BRSTOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BRSLLC in writing. Member and BRSLLC agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the MTS are solely used for the convenience of the parties and have no legal or contractual significance.

21. GENERAL INFORMATION

The BRSTOS constitute the entire agreement between you and BRSLLC and govern your use of the Service, superceding any prior agreements between you and BRSLLC or BRS (including, but not limited to, any prior versions of the BRTS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other BRSLLC services, third-party content or third-party software. The BRSTOS and the relationship between you and BRSLLC shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and BRSLLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Botetourt, Virginia. The failure of BRSLLC to exercise or enforce any right or provision of the BRTS shall not constitute a waiver of such right or provision. If any provision of the BRTS 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 BRTS 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 the Service or the BRTS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the BRTS are for convenience only and have no legal or contractual effect.


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