East Valley Adult Resources (EVAR)
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
BY USING THE PAGES IN THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THIS SITE.
1. Restrictions on Use.
Except as otherwise indicated elsewhere any person is hereby authorized to view, copy, print or distribute a particular portion, graphics, audio and/or video materials, photograph, text, file or other documents related to this Website ("Materials"), subject to the following conditions:
a) The Materials may only be stored, distributed or otherwise used for lawful, informational, non-commercial purposes. This means that the following, without limitation, are among the prohibited uses of the Materials: using Materials for advertising purposes, implying that EVAR endorses or uses certain products or services, or directly or indirectly publishing the Materials, rewriting them for broadcast or publication or redistributing the Materials in any medium.
b) You shall not post or transmit through this Website any information or documents that violate or infringe in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, that gives rise to civil liability or that otherwise might violate any law.
c) EVAR reserves the right to revoke this authorization at any time, and any use of this Website shall be discontinued immediately upon notice from EVAR.
d) EVAR may, from time to time, change or discontinue any aspect or feature of this Website, including, but not limited to, Materials, content, hours of availability, and equipment needed for access or use.
e) You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website, and all charges related thereto.
2. Submissions
a) All remarks, suggestions, ideas, graphics, or other information communicated to EVAR through this site (collective, the "Submission") will forever be the property of EVAR. EVAR will not be required to treat any Submission as confidential, will not be liable for incorporating any Submission into ideas for its business (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities to a Submission that may appear in future EVAR operations. EVAR will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not EVAR, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By submitting material to any public area of this Website, you automatically grant or warrant that the owner of such material has expressly granted EVAR the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that other user's use.
b) You shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely responsible for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
3. Liability
a) You agree to defend, indemnify and hold harmless EVAR, their affiliates, their respective directors, officers, employees, agents, third party content providers or licensors (collectively, "EVAR Entities") from and against all claims, losses and expenses of any nature, including, but not limited to, lost profits, direct, indirect, incidental, special, consequential or punitive damages, attorneys' fees and disbursements, arising out of the use of this Website by you. No EVAR Entities shall be liable for any claims, losses of any nature, including without limitation, claims relating to any defamatory, offensive or illegal conduct. You expressly agree that use of this Website is at your sole risk, and that the provisions of this section apply to all content on this Website.
b) The limitation of liability set forth herein also applies to third party content on this Website. In certain cases, EVAR is a distributor (and not a publisher) of content supplied by third parties and users. Accordingly, EVAR has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other user of this Website, are those of the respective author(s) or distributor(s) and not of EVAR. Under no circumstances will EVAR have any responsibility for any loss or damage relating to this information or your reliance on it. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
c) The foregoing limitation shall apply even if there is negligence on the part of EVAR Entities or an authorized EVAR representative has been advised of the possibility of such damages, or both.
d) Information on this Website, or the websites of any of the EVAR's affiliated entities, is provided with the understanding that EVAR Entities are not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs.
e) This Website may be linked to other sites which are not maintained by EVAR. EVAR is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by EVAR of the sites. EVAR makes no representations whatsoever about any other website which you may access through this one.
4. Termination.
EVAR or you may terminate this Agreement at any time. You may terminate this Agreement by destroying at Materials obtained from the EVAR site that are in your possession. EVAR may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all Materials.
5. Miscellaneous
a) This Agreement and any operating rules for EVAR established by EVAR constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
b) EVAR can revise these Terms and Conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on this Website, or by electronic or conventional mail, or by any other means by which the Website user obtains notice thereof. Any use of this Website by you after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
c) The section headings used herein are for convenience only and shall not be given any legal import.