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The Task Lighting Web
Site (the "Service") is an online information and
communications service provided by Task Lighting Corp.
("Task Lighting Corporation"), subject to your
compliance with the terms and conditions set forth below
including, all exhibits hereto.
"Task Lighting
Corporation" and the "Task Lighting Corporation logo"
design are registered trademarks of Task Lighting
Corporation in the United States. Other marks which
appear on this Web site may be marks of third parties
that are not affiliated with Task Lighting Corporation
and its affiliates do not control or endorse the content
of third party Web sites.
Please read this
Agreement carefully before accessing or using the
Service. By accessing or using the Service, you agree to
be bound by the terms and conditions set forth below. If
you do not wish to be bound by these terms and
conditions, you may not access or use the Service. Task
Lighting Corporation may modify this Agreement at any
time, and such modifications shall be effective
immediately upon posting of the modified Agreement. You
agree to review the Agreement periodically to be aware
of such modifications and your continued access or use
of the Service shall be deemed your conclusive
acceptance of the modified Agreement.
- Operating
Policies. You agree to comply with the
Operating Policies set forth in Exhibit A (as they may be amended by Task Lighting
Corporation from time to time), which are the rules
that govern your activity in connection with the
Service. Task Lighting Corporation has the right but
not the obligation to remove any communications and
materials that Task Lighting Corporation believes in
its sole discretion violate the Operating Policies.
- Copyright,
Licenses and Idea Submissions. The entire
contents of the Service are copyrighted under the
United States copyright laws. The owner of the
copyright is Task Lighting Corporation. You may print
and download portions of material from the different
areas of the Service solely for your own
non-commercial use. You may make: (a) one machine
readable copy, (b) one backup copy, and (c) one print
copy of any portions of material downloaded from the
different areas of the Service solely for your
non-commercial use. Any other copying, redistribution,
retransmission or publication of any downloaded
material, is strictly prohibited without the express
written consent of Task Lighting Corporation or any
third party information provider to the Service. You
agree not to change or delete any proprietary notices
from materials downloaded from the Service. You agree
to grant to Task Lighting Corporation a non-exclusive,
royalty-free, worldwide, perpetual license, with the
right to sublicense, to reproduce, distribute,
transmit, create derivative works of, publicly display
and publicly perform any materials and other
information (including, without limitation, ideas
contained therein for new or improved products and
services) you submit to public areas of the Service
(such as bulletin boards, forums and newsgroups) by
all means and in any media now known or hereafter
developed. You also grant to Task Lighting Corporation
the right to use your name in connection with the
submitted materials and other information as well as
in connection with all advertising, marketing and
promotional material related thereto. You agree that
you shall have no recourse against Task Lighting
Corporation for any alleged or actual infringement or
misappropriation of any proprietary right in your
communications to us.
- Use of the
Service. You understand that, except for
information, products or services clearly identified
as being supplied by Task Lighting Corporation, Task
Lighting Corporation does not operate, control or
endorse any information, products or services on the
Internet in any way. Except for Task Lighting
Corporation-identified information, products or
services, all information, products and services
offered through the Service or on the Internet
generally are offered by third parties that are not
affiliated with Task Lighting Corporation. You also
understand that Task Lighting Corporation cannot and
does not guarantee or warrant that files available for
downloading through the Service will be free of
infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive
properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and
output, and for maintaining a means external to the
Service for the reconstruction of any lost data.
You assume total responsibility and risk for
your use of the Service and the Internet. Task
Lighting Corporation does not make any express or
implied warranties, representations or endorsements
whatsoever (including without limitation warranties of
title or noninfringement, or the implied warranties of
merchantability or fitness for a particular purpose)
with regard to the Service, any merchandise,
information or service provided through the Service or
on the Internet generally, and Task Lighting
Corporation shall not be liable for any cost or damage
arising either directly or indirectly from any such
transaction. It is solely your responsibility to
evaluate the accuracy, completeness and usefulness of
all opinions, advice, services, merchandise and other
information provided through the Service or on the
Internet generally. Task Lighting Corporation does not
warrant that the Service will be uninterrupted or
error-free or that defects in the Service will be
corrected. The Service and any software made available
on the Service are provided on an "as is, as
available" basis.
You understand further that the Internet
contains unedited materials some of which are sexually
explicit or may be offensive to you. You access such
materials at your risk. Task Lighting Corporation has
no control over and accepts no responsibility
whatsoever for such materials.
In no event will Task Lighting Corporation be
liable for (I) any incidental, consequential, or
indirect damages (including, but not limited to,
damages for loss of profits, business interruption,
loss of programs or information, and the like) arising
out of the use of or inability to use the Service, or
any information, or transactions provided on the
Service or downloaded or hyperlinked from the Service,
even if Task Lighting Corporation or its authorized
representatives have been advised of the possibility
of such damages, or (II) any claim attributable to
errors, omissions, or other inaccuracies in the
Service and/or materials or information downloaded
through, or hyperlinked from, the Service. because
some states do not allow the exclusion or limitation
of liability for consequential or incidental damages,
the above limitation may not apply to you. In such
states, Task Lighting Corporation's liability is
limited to the greatest extent permitted by law.
- Indemnification. You agree to indemnify,
defend and hold harmless Task Lighting Corporation,
its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to
the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement
by you.
Third Party Rights. The provisions of
paragraphs 3 (Use of the Service), and 4
(Indemnification) are for the benefit of Task Lighting
Corporation and its officers, directors, employees,
agents, licensors, suppliers, and any third party
information providers to the Service. Each of these
individuals or entities shall have the right to assert
and enforce those provisions directly against you on
its own behalf.
- Term;
Termination. This Agreement may be terminated
by either party without notice at any time for any
reason; provided that you may no longer use the
Service after you have terminated this Agreement. The
provisions of paragraphs 2 (Copyright, Licenses and
Idea Submissions), 3 (Use of the Service), 4
(Indemnification), 5 (Third Party Rights) and 7
(Miscellaneous) shall survive any termination of this
Agreement.
- Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of the State of Nebraska
applicable to agreements made and to be performed in
Nebraska. You agree that any legal action or
proceeding between Task Lighting Corporation and you
for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent
jurisdiction sitting in Nebraska. Any cause of action
or claim you may have with respect to the Service must
be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of
action is barred. Task Lighting Corporation's failure
to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as
a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement.
Task Lighting Corporation may assign its rights and
duties under this Agreement to any party at any time
without notice to you.
Exhibit A
Operating
Policies
Your participation in
on-line communications occurs in real time and is not
edited, censored, or otherwise controlled by Task
Lighting Corporation. Task Lighting Corporation cannot
and does not screen content provided by users of the
Service. Notwithstanding the foregoing, Task Lighting
Corporation reserves the right to monitor content on the
Service and to remove content which Task Lighting
Corporation, in its sole discretion, determines to be
harmful, offensive, or otherwise in violation of these
Operating Policies. In order to maintain an informative
and valuable service that meets the needs of the users
of the Service and avoids the harm that can result from
disseminating statements that are false, malicious,
violate the rights of others, or otherwise harmful, it
is necessary to establish the following rules to protect
against abuse:
- Unless you are
participating in an area of the Service that requires
or encourages anonymity, use your real name in online
communications.
- You may not post or
transmit any message which is libelous, defamatory or
which discloses private or personal matters concerning
any person. You may not post or transmit any message,
data, image or program which is indecent, obscene or
pornographic.
- You may not post or
transmit any message, data, image or program that
would violate the property rights of others, including
unauthorized copyrighted text, images or programs,
trade secrets or other confidential proprietary
information, and trademarks or service marks used in
an infringing fashion.
- You may not interfere
with other users use of the Service.
- You may not post or
transmit any file which contains viruses, worms,
"Trojan horses" or any other contaminating or
destructive features.
- You may not post or
transmit any message which is harmful, threatening,
abusive or hateful. It is not the Service's intent to
discourage you from taking controversial positions or
expressing vigorously what may be unpopular views;
however, Task Lighting Corporation reserves the right
to take such action as it deems appropriate in cases
where the Service is used to disseminate statements
which are deeply and widely offensive and/or harmful.
- You may not post or
transmit charity requests, petitions for signatures,
chain letters or letters relating to pyramid schemes.
You may not post or transmit any advertising,
promotional materials or any other solicitation of
other users of the Service for goods or services
except in those areas (e.g., a classified bulletin
board) that are designated for such purpose.
- You may not post or
list articles which are off-topic according to the
description of the group or list or send unsolicited
mass emailings to 10 people or more if such e-mail
could reasonably be expected to provoke complaints
from its recipients.
- You may not use the
facilities and capabilities of the Service to conduct
any activity or solicit the performance of any illegal
activity or other activity which infringes the rights
of others.
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