|
TERMS OF USE AND DMCA NOTICE
Effective Date: January 1, 2010
PLEASE READ THESE TERMS OF USE CAREFULLY
By accessing or otherwise using this site, you agree to be bound contractually
by these Terms of Use.
To review material modifications and their effective dates scroll to the bottom
of the page.
1. Parties. The parties to these Terms of Use are you, and the owner of this
website business, Ridge Logic Development LLC ("Ridge Logic"). All references to
"we", "us", "our", this "website" or this "site" shall be construed to mean this
website business and Ridge Logic.
2. Modification. We reserve the right to modify these Terms of Use at any time,
and without prior notice, by posting an amended Terms of Use that is always
accessible through the Terms of Use link on this site's home page. You should
scroll to the bottom of this page periodically to review material modifications
and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING
OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE
BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
3. Use And Restrictions. Subject to these Terms of Use and our Privacy Policy,
you may use the public areas of this site, but only for your own internal
purposes. You agree not to access (or attempt to access) this site by any means
other than through the interface we provide, unless you have been specifically
allowed to do so in a separate agreement. You agree not to access (or attempt to
access) this site through any automated means (including use of scripts or web
crawlers), and you agree to comply with the instructions set out in any
robots.txt file present on this site. You are not authorized to (i) resell,
sublicense, transfer, assign, or distribute the site, its services or content;
(ii) modify or make derivative works based on the site, its services or content;
(iii) except for linking to this site’s home page, create Internet links to the
site, its services or content, or (iv) "frame" or "mirror" the site, its
services or content on any other server or Internet-enabled device. All rights
not expressly granted in this Agreement are reserved by us and our licensors.
4. How We Treat Postings To This Site. We will not treat information that you
post to areas of this site that are viewable by others (for example, to a blog,
forum or chat-room) as proprietary, private, or confidential. We have no
obligation to monitor posts to this site or to exercise any editorial control
over such posts; however, we reserve the right to review such posts and to
remove any material that, in our judgment, is not appropriate. Posting,
transmitting, promoting, using, distributing or storing content that could
subject us to any legal liability, whether in tort or otherwise, or that is in
violation of any applicable law or regulation, or otherwise contrary to commonly
accepted community standards, is prohibited, including without limitation
information and material protected by copyright, trademark, trade secret,
nondisclosure or confidentiality agreements, or other intellectual property
rights, and material that is obscene, defamatory, constitutes a threat, or
violates export control laws.
5. Defamation; Communications Decency Act Notice. This site is a provider of
“interactive computer services” under the Communications Decency Act, 47 U.S.C.
Section 230, and as such, our liability for defamation and other claims arising
out of any postings to this site by third parties is limited as described
therein. We are not responsible for content or any other information posted to
this site by third parties. We neither warrant the accuracy of such postings or
exercise any editorial control over such posts, nor do we assume any legal
obligation for editorial control of content posted by third parties or liability
in connection with such postings, including any responsibility or liability for
investigating or verifying the accuracy of any content or any other information
contained in such postings.
6. Monitoring. We reserve the right, but not the obligation, to monitor your
access and use of this site without notification to you. We may record or log
your use in a manner as set out in our Privacy Policy that is accessible though
the Privacy Policy link on this site’s home page.
7. Separate Agreements. You may acquire products, services and/or content from
this site. We reserve the right to require that you agree to separate agreements
as a condition of your use and/or purchase of such products, services and/or
content.
8. Ownership. The material provided on this site is protected by law, including,
but not limited to, United States copyright law and international treaties. The
copyright in the content of this site is owned by us or others. Except for the
limited rights granted above, all other rights are reserved.
9. DMCA Notice. This site is an Internet "service provider" under the Digital
Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the
DMCA, this site maintains specific contact information provided below, including
an e-mail address, for notifications of claimed infringement regarding materials
posted to this site. All notices should be addressed to the contact person
specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Ridge Logic Development LLC
609 Dingens St
Buffalo, NY, 14206
Agent's Name/Email Address: compliance.officer-at-ridgelogic.com
Telephone: 716-898-8961
Facsimile: 716-608-1367
You may contact our agent for notice of claimed infringement specified above
with complaints regarding allegedly infringing posted material and we will
investigate those complaints. If the posted material is believed in good faith
by us to violate any applicable law, we will remove or disable access to any
such material, and we will notify the posting party that the material has been
blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you
include the following information: (i) description of the copyrighted work that
is the subject of claimed infringement; (ii) description of the infringing
material and information sufficient to permit us to locate the alleged material;
(iii) contact information for you, including your address, telephone number
and/or e-mail address; (iv) a statement by you that you have a good faith belief
that the material in the manner complained of is not authorized by the copyright
owner, or its agent, or by the operation of any law; (v) a statement by you,
signed under penalty of perjury, that the information in the notification is
accurate and that you have the authority to enforce the copyrights that are
claimed to be infringed; and (vi) a physical or electronic signature of the
copyright owner or a person authorized to act on the copyright owner's behalf.
Failure to include all of the above-listed information may result in the delay
of the processing of your complaint.
10. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN
AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS
SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY
REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR
CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY
THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS
LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND
ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES
AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS,
NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS
LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES,
AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR
OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B)
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS
AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE
DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN
DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE
LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS
OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR
IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY
INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS
SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
12. Links to This Site. We grant to you a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of this site provided that the link
does not portray us or our products or services in a false, misleading,
derogatory, or offensive matter. You may not use any logo, trademark, or
tradename that may be displayed on this site or other proprietary graphic image
in the link without our prior written consent.
13. Links to Third Party Websites. We do not review or control third party
websites that link to or from this site, and we are not responsible for their
content, and do not represent that their content is accurate or appropriate.
Your use of any third party site is on your own initiative and at your own risk,
and may be subject to the other sites’ terms of use and privacy policy.
14. Participation In Promotions of Advertisers. You may enter into
correspondence with or participate in promotions of advertisers promoting their
products, services or content on this site. Any such correspondence or
participation, including the delivery of and the payment for products, services
or content, are solely between you and each such advertiser.
15. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services,
products, content, or information, pricing information will be posted as part of
the ordering process for this site. We maintain specific contact information
including an e-mail address for notifications of complaints and for inquiries
regarding pricing policies in accordance with California Civil Code Section
1789.3. All correspondence should be addressed to our agent for notice at the
following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Ridge Logic Development LLC
609 Dingens St
Buffalo, NY, 14206
Contact: compliance.officer-at-ridgelogic.com
Telephone:716-898-8961
Facsimile:716-608-1367
You may contact us with complaints and inquiries regarding pricing and we will
investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs may be contacted in writing at 1020 N. Street,
#501, Sacramento,
CA 95814, or by
telephone at 1-916-445-1254.
16. Arbitration. Except for actions to protect intellectual property rights and
to enforce an arbitrator’s decision hereunder, all disputes, controversies, or
claims arising out of or relating to this Agreement or a breach thereof shall be
submitted to and finally resolved by arbitration under the rules of the American
Arbitration Association (“AAA”) then in effect. There shall be one arbitrator,
and such arbitrator shall be chosen by mutual agreement of the parties in
accordance with AAA rules. The arbitration shall take place in
Buffalo,
New York, USA,
and may be conducted by telephone or online. The arbitrator shall apply the laws
of the State of New York, USA to all issues in dispute. The controversy or claim
shall be arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The findings of
the arbitrator shall be final and binding on the parties, and may be entered in
any court of competent jurisdiction for enforcement. Enforcements of any award
or judgment shall be governed by the United Nations Convention on the
Recognition and Enforcement of Foreign Arbitral Awards. Should either party file
an action contrary to this provision, the other party may recover attorney's
fees and costs up to $1000.00.
17. Jurisdiction And Venue. The courts of Erie County
in the State of New York, USA and the nearest U.S. District Court in the State
of New York
shall be the exclusive jurisdiction and venue for all legal proceedings that are
not arbitrated under these Terms of Use.
18. Controlling Law. This Agreement shall be construed under the laws of the
State of New York, USA, excluding rules regarding conflicts of law. The
application the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded.
19. Onward Transfer of Personal Information Outside Your Country of Residence.
Any personal information which we may collect on this site will be stored and
processed in our servers located only in the United States. If you reside outside the
United States, you consent to the transfer of personal
information outside your country of residence to the
United States.
20. Force Majeure. We shall not be liable for damages for any delay or failure
of delivery arising out of causes beyond their reasonable control and without
their fault or negligence, including, but not limited to, Acts of God, acts of
civil or military authority, fires, riots, wars, embargoes, Internet
disruptions, hacker attacks, or communications failures.
21. Privacy. Please review this site's
Privacy
Policy which also
governs your visit to this site. Our Privacy Policy is always accessible on our
site's home page.
|