These Terms and Conditions (“Terms”) govern your access to and use of this Web site (“Site”), which is owned and operated by Keith Appleton. (“Keith Appleton”, "I" “we”, “us”, “our”). Please return to this Site and review these Terms from time to time, as they may be amended without notice. Any changes to these Terms will be effective immediately upon the posting of the revised Terms on this Site. Some products and services accessible through this Site are subject to additional terms and conditions. To the extent that any provision of those additional terms and conditions conflicts with these Terms, those additional terms and conditions shall prevail. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS SITE. YOUR USE OF THIS SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS.
GENERAL. Keith Appleton does not warrant that the contents of this Site are error-free. Information on this Site may contain technical inaccuracies and/or typographical or other types of errors and may be changed or updated at any time without notice. Keith Appleton may also make improvements and/or changes in the products and/or programs described on this Site at any time without notice. Keith Appleton will use reasonable efforts to place accurate and up-to-date information on this Site but makes no warranty of its accuracy, completeness and/or timeliness. You acknowledge that your use of any information available through this Site is at your own risk. Some jurisdictions do not allow a disclaimer of some or any implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties, to the extent prohibited.
CODE OF CONDUCT. You agree that you will only use this Site (including features thereof and products or services offered thereon) for their intended purpose.You agree not to: (i) use this Site, any content or other materials on this Site, or any products or services included on or available through this Site for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying this Site, including by means of disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of this Site are able to type, hacking or defacing any portion of this Site, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges; (iii) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (iv) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of this Site or any content or other materials on this Site. Keith Appleton has the right to terminate your use of this Site, or any portion of this Site, with or without notice, in its sole discretion, for any reason or no reason at all, including, but not limited to, if Keith Appleton determines (in its sole discretion) that your use of or conduct on or related to this Site (i) violates these Terms or any additional terms and conditions, (ii) is harmful to Keith Appleton, its customers or vendors, another user or any other party, or (iii) violates applicable law.
COPYRIGHT AND TRADEMARK. All materials on this Site, including, without limitation, all copyrights, trademarks, artwork, images and other elements (collectively, the “Content”), are protected by copyrights and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. Except as stated in these Terms, none of the Content on this Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, framed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Keith Appleton or the copyright owner. You also may not, without Keith Appleton permission, "mirror" any Content contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
DOWNLOADING. You may only download those materials from this Site that are expressly designated to be downloaded by users. Where a fee is required to download any materials, you may not download such materials without paying such fee. You agree not to use technical or other means to circumvent these Terms or any content protection technology used on this Site. Any unauthorized use, transmission, distribution, reproduction, reverse engineering, modification of any downloaded materials, or use thereof for an illegal purpose, is expressly prohibited.
LINKS TO THIRD PARTY SITES. There are links on this Site that will permit you to travel to other, third-party sites over which Keith Appleton has no control. These links are provided for your convenience only and your use of them is at your own risk. Keith Appleton makes no representations whatsoever about the content of any of these other web sites, or about any of the links contained in the web sites that you may access through this Site. Keith Appleton does not endorse or accept any responsibility for the content, or use, of any such linked web sites.
CONFIDENTIAL INFORMATION. You may be given access to Keith Appleton confidential information through this site or links from this site. You may not disclose Keith Appleton confidential information to any third party without the written consent of Keith Appleton. You must protect Keith Appleton confidential information with at least the same degree of care that is accorded to your confidential information, but in no event less than reasonable care. Keith Appleton confidential information includes, but is not limited to - all non-public information regarding Keith Appleton, its intellectual property or its products or services, quantity and prices of products or services purchased, design and development data, engineering details, CAD drawings, sales and marketing plans, unannounced products or services, any information marked as "confidential" or "proprietary" or similarly marked, or any information that, if disclosed, might be competitively detrimental to Keith Appleton. You may enter into separate non-disclosure agreements with Keith Appleton governing specific disclosures. To the extent the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control for the specific disclosure.
ENTIRE AGREEMENT. These Terms represent the entire agreement relating to the use of the Site. Keith Appleton failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
INDEMNITY. By using this Site you agree to indemnify Keith Appleton, and its subsidiaries, partners, affiliates, agents, consultants, sponsors, advertisers and licensors, and their respective officers, directors, employees, shareholders, agents and representatives (collectively, the “Released Parties”), and hold the Released Parties harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of this Site or the Content or other materials on this Site, your breach of any term or condition contained in these Terms or any other agreement applicable to any specific functions or areas of this Site, or your submission of information or materials to Keith Appleton by any means or from any person’s use of any account or password you maintain with Keith Appleton or this Site, regardless of whether such use is authorized by you. By using this Site, or submitting any ideas and/or related materials to Keith Appleton, you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through this Site or to any disputes regarding use of ideas and/or related materials submitted to Keith Appleton.