Terms and Conditions of Use
Program Phases Web Site Terms and Conditions of Use
Terms and conditions for access and use (including but not limited to forum user registration) of the Program Phases (programphases.com, davestech.net, davestech.squarespace.com including programphases.com/forums) web site (herinafter the “Site”), owned and operated by Program Phases LLC (herinafter “PPLLC”) are specified in this user agreement (herinafter “Agreement”).
Please read this Agreement carefully before accessing the Site. By accessing the Site, you agree to the terms and conditions specified in this Agreement. The information in this document is subject to change without notice. You agree to periodically review this Agreement for changes and your continued use of the site deems your acceptance of any changes made.
1. Privacy Policy
PPLLC may use the information it obtains as a result of your visiting and/or registering with the Site, including but not limited to your IP address, name, mailing address, and email address for its internal business and marketing purposes. PPLLC does not share private data with third parties with few exceptions. PPLLC reserves the right to share private data at its discretion for any reason including but not limited to if PPLLC believes that a member’s account is being used to commit unlawful acts.
2. Copyright, Licenses and Idea Submissions.
The owner of the Site’s intellectual property and copyright is PPLLC. Domestic and International copyright and trademark laws protect the entire contents of the Site.
Content from the Site may be downloaded solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the downloaded content. This includes any copyright statements and hyperlinks found in the source code files.
You may post content to the Site or communicate with PPLLC using a variety of mechanisms including but not limited to forums posts, email, and instant messaging. By posting content to any part of the Site or via email to PPLLC, or through any other data transmission mechanism to PPLLC, you agree to grant, and you represent and warrant that you have the right to grant, to PPLLC an irrevocable, non-exclusive, transferable, fully paid, perpetual, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), prepare derivative works of, and/or incorporate into other works and distribute such content for any purpose including but not limited to commercial, advertising, and Site promotion. You agree that you shall have no recourse against PPLLC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to PPLLC.
3. Use of the Site.
PPLLC provides the site and associated information “as is” and does not make any direct or indirect express or implied warranties. All content on the Site may be edited or deleted by PPLLC at the sole discretion of PPLLC. You are responsible for all hardware, software, and internet connection fees associated with accessing the Site. By accessing the Site and the internet you assume total responsibility and risk. Except for content, products and services expressly identified by PPLLC, all content (including any intellectual property), external links, products and services presented on the Site are offered via third parties not affiliated with PPLLC. You understand that all content (including any intellectual property), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not PPLLC, are entirely responsible for all content (including any intellectual property) that you upload, post, email, link, transmit or otherwise make available via the Site. PPLLC does not control the user content (including any intellectual property) posted via the Site and, consequently, provides no guarantee as to the correctness, integrity or fitness of such content. You understand that by using the Site, you may be exposed to content (including any intellectual property) that you may deem offensive, indecent or objectionable.
When engaging in site activity, you agree that you will not:
a) Intentionally or unintentionally violate any applicable local, state, national or international law;
b) Post or Transmit any intellectual property including but not limited to messages, information, data, text, software or images that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
c) Misrepresent yourself as a person or entity that you are not including but not limited to impersonating an official representative of PPLLC or forum moderator;
d) Post or transmit any intellectual property for which you don’t have the appropriate lawful rights;
e) Post or transmit any intellectual property that contains a virus, any type of malware or corrupted data;
f) Post or transmit any intellectual property whereby author attributions, legal notices or proprietary designations have been removed by you or a third party;
g) Disrupt the Site’s services in any way including shouting (excessive use of all caps) and excessive continuous posting of repetitive content;
h) Post or transmit any unsolicited content including but not limited to advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
i) Post or transmit any patent, trademark, trade secret, copyright infringing or any other intellectual property that you are not lawfully authorized to disclose;
j) Delete or modify intellectual property not posted by you;
k) Display the contents of the Site on a different web site through framing or any other technique.
4. Limitation of Liability.
IN NO EVENT WILL PPLLC BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE. ACCORDINGLY, YOU AGREE THAT PPLLC SHALL NOT BE RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY LOSS-OF-PROFIT, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SITE. Any provision herein to the contrary notwithstanding, the maximum liability of PPLLC to any person, firm or corporation whatsoever arising out of or in the connection with any Site use, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to PPLLC by you for access to the Site whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of PPLLC arising out of this Agreement. You acknowledge that the limitations set forth in the section 4 (Limitation of Liability) are integral to the amount of consideration levied in connection with the access and use of the Site and any services rendered hereunder and that, were PPLLC to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
5. Indemnification and Reservation of Rights.
You agree to defend, indemnify and hold PPLLC and its officers, directors, agents, and employees harmless against all costs, expenses, and losses,( including attorneys’ fees and costs), incurred from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.
6. Termination.
You agree that PPLLC has the right to terminate (ban) your account without prior notice solely at its discretion and also reserves the right to ban your ip address from accessing the sight solely at its discretion. This Agreement may be terminated regardless of reason at any time by either party. Such termination does not nullify the provisions laid forth in paragraph 2(Copyright, Licenses, and Idea Submissions), 3(Use of the Site), 6(Indemnification), and 10(Miscellaneous). All intellectual property obtained by you from this site must be destroyed upon termination of this Agreement.
7. Special Terms for International Use.
You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. All content on this Site is subject to United States export controls. All content on this Site (including any intellectual property) may not be transmitted in any way, exported, or re-exported into (or to a national or resident of) Iraq, North Korea, Cuba, Syria, Iran, or any other country the United States has an established an embargo of goods against or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders and that by accessing the Site, you represent and warrant that you are not a national or resident, located in, or under the control of any such countries.
8. Dealings with Third Parties.
Interaction by you and one or more third parties on this Site is performed at your own risk. Any Agreements including but not limited to payment and/or delivery of goods and/or services, conditions, warranties, terms, or any other representations between you and one or more third parties on this Site is done solely between you and such third party(s). You agree that under no circumstance is PPLLC liable for damage, loss, or other such occurrence resulting from such dealings.
9. Web Site Security Rules.
You agree not to violate the Site’s security including but not limited to accessing unauthorized data or logging into an account or attempt to log into an account for which you do not have authorization, scan or test for hardware or software vulnerabilities, perform a denial of service attack or distributed denial of service attack, attempt to spread a virus or other such malware, or forge TCP/IP information. PPLLC may investigate at its sole discretion any incident that it deems to be a violation of the Site’s security rules. Such an investigation may involve law enforcement officials.
10. Miscellaneous.
This Agreement shall be governed in accordance with the laws of the State of Ohio. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Ohio including the federal courts therein and you consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. PPLLC’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. Any rights not expressly granted herein are reserved.