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-- Terms of Use Updated: January 2017

 
1.  Acceptance of Terms of Use.

These terms of use ("Site Terms") govern your access to, and use of, this web site located at www.downetc.com (the "Site") operated by Down Etc, LLC, a California limited liability company ("Down Etc").  By accessing, browsing, and using the Site, you accept these Site Terms, as well as any referenced policy and any modifications to the Site Terms that may be made from time to time.  If you do not agree to the Site Terms, you should not access, browse, or otherwise use the Site.  The Site Terms are a binding legal agreement between you and Down Etc.  Please read them carefully.

 

2.  Modifications to Terms of Use.

Down Etc reserves the right, at any time, to modify, alter, or update the terms and conditions contained in these Site Terms, and you agree to be bound by such modifications, alterations, or updates.  Notice of any modification of these terms will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. 

 

3.  Privacy Policies.

Any information submitted on the Site is subject to our Privacy Policy. Please review our Privacy Policy carefully.


4.  Copyright and License.

All design, text, graphics, interfaces, and the selection and arrangements thereof (the “Materials”) are © 1999-2007 Down Etc and/or its licensors.  ALL RIGHTS RESERVED.  Unless otherwise specified, the content on this Site is for your personal and non-commercial use; Down Etc grants you a limited, non-sub licensable right to access this Site and print the Materials for your personal, non-commercial, and informational use only.  Any other use of Materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Down Etc is strictly prohibited.  Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

5.  Trademarks and Service Marks.

All trademarks, service marks, and trade names (collectively the “Marks”) are proprietary to Down Etc or other respective owners that have granted Down Etc the right and license to use such Marks.  The Marks may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of our suppliers or licensors.  Other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with or connected to Down Etc  Any reference to products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise is not an indication or endorsement by Down Etc unless otherwise indicated.

6.  Submissions.

The Site may allow you to post reviews or comments concerning Down Etc, and may allow you to send materials to us, including for use on the Site.  You agree that Down Etc is free to use any comments, suggestions, questions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to us, or postings to or on the Site (each, a “Submission”) without compensation, acknowledgement, or payment to you for any purpose whatsoever.  Furthermore, you agree that Submissions are non-confidential (provided that personal information non-exclusive, fully paid,  royalty-free, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Submissions throughout the world in any media now known or hereafter developed, with or without acknowledgment to you, in our sole discretion and without compensation to you. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submission and that the submission of any such materials to us, irrevocably waives any and all "moral rights" in your Submissions, including the rights of paternity and integrity. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by Down Etc will not infringe on or violate the rights of any third party, and that you will indemnify us against any liability or losses arising out of our use of your Submissions in accordance with these Site Terms.  Please do not submit Submissions to us if you do not understand and agree with these provisions. 

7.  Your Account.

In consideration of your use of the Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s form for your account information (the "Account Information"), and you agree to maintain and promptly update the Account Information to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site.  You are responsible for maintaining the confidentiality of the password and account and for restricting access to your computer.  You are fully responsible for all activities that occur under your password or account.  You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.  For more information about how we treat your Account Information, you should refer to our Privacy Policy.

8.  Links.

We may provide links to other Web sites or resources that are beyond our control.  We make no representations as to the quality, content, nature, or reliability of sites, which links to may be provided, and you hereby waive any claim you might have against us with respect to such sites.  Down Etc is not responsible for the content on the internet or web pages that are contained outside the Site; when leaving this Site you should be aware that our terms and policies no longer govern, and therefore, you should review the terms of use of that site.

9.  No Warranties.

THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS; DOWN ETC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.  WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY.  WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE SITE.  WE DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUS FROM ANY DOWNLOAD.

10.  Limited Liability.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, PUNITIVE AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF PROFITS AND LOSS OF DATA, REGARDLESS OF WHETHER THE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION WILL APPLY WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS THEREIN.

11.  Applicable Law and Venue.

These Site Terms and any transactions hereunder shall be governed by and construed in accordance with the laws of the State of California without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state court located in the County of San Mateo, California, or federal court in the Northern District of California, San Jose Branch, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

12.  General Terms.

We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.  If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.