WebTM Terms of Use

The WebTM site is owned and operated by Gordon E. R. Troy, PC, PO Box 368, Charlotte, Vermont 05445 USA (“TroyPC”).

The provisions contained in these Terms and Conditions govern your use of this Web Site. Please take a few minutes to review these provisions. Your use, or access, of the Web site constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE WEB SITE.

Use Of This Web Site

These Terms and Conditions of Use may be changed at any time without prior notice. We will make such changes by posting them here. You should check here for such changes.  Your continued access of the Web Site demonstrates your acceptance of these Terms and Conditions and any such changes.

The content provided on this Web Site is for informational purposes. You may access and use this Web Site pursuant to these Terms and Conditions for your personal, non-commercial use. By accessing and using the Web Site, you represent and warrant that: all information you submit is truthful and accurate; and you are 13 years of age or older.

No Legal Advice; No Attorney-Client Relationship

The content provided on this Web Site is not intended, and should not be construed, to be legal advice. You should consult with legal counsel regarding any issues for which legal advice is required. No attorney-client relationship is established as a result of your use of the Web Site, or the transmission of any information through the Web Site. All such transmissions are non-confidential, subject to our Privacy Policy.

Unauthorized Use

You agree not to use the Web Site for illegal purposes. You may not use this Web Site for any commercial purpose. You may not use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Web Site. You may not take any action to interfere with the Web Site or any other user’s use of the Web Site, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” the Web Site. You may not send unsolicited e-mail, including promotions and/or advertising of products or services, through the Web Site or forge or mask your true identity in any e-mail or posting. You may not frame portions of the Web Site within another web site or establish links from any other web site to any page of the Web Site other than the home page.

Proprietary Rights

All pages and content within this Web Site, including but not limited to, the software which operates the Web Site, text, graphics, photographs, articles or other materials, are the intellectual property of, or are authorized for use by, TroyPC. Except as expressly permitted in these Terms and Conditions, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available on this Web Site without the prior written consent of TroyPC.

Disclaimer

The content contained on this Web Site may not be up-to-date or accurate. THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TROYPC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE. TROYPC DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TROYPC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TROYPC SHALL NOT BE LIABLE FOR YOUR USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL TROYPC BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to defend, indemnify and hold us and our officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of your use of the Web Site in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions by you (including, without limitation, any breach of your representations and warranties set forth herein).

Links

This Web Site may contain links to other web sites not maintained by TroyPC. Other sites may also reference or link to our Web Site. We encourage you to be aware when you leave our Web Site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of other web sites.

Privacy

TroyPC takes your privacy very seriously. For further information about how we use and protect information collected on this Web Site, please view our Privacy Policy.

Governing Law:

The laws of the State of Vermont, USA, without regard to its conflict of law rules, shall govern these Terms and Conditions for all matters arising from or relating to these Terms and Conditions or your use of this Web Site. YOU HEREBY EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS OF CHITTENDEN COUNTY, VERMONT.

Miscellaneous:

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.  Nothing contained in these Terms and Conditions is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by us with respect to such use.  If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.  These Terms and Conditions, together with any additional terms and conditions or policies referred to and incorporated herein (including the Privacy Policy), constitute the entire understanding between you and TroyPC as to the use of the Web Site.

Questions

Should you have any questions regarding these Terms and Conditions you may contact us.

This Privacy Policy was last updated on May 30, 2009

The contents of this site are protected by a Creative Commons license which permits non-commercial distribution unchanged and with attribution.