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TERMS OF USE
AGREEMENT BETWEEN USER AND Brady Trane, Inc.
The Brady Trane, Inc. Web Site is comprised of various Web pages
operated by Brady Trane, Inc..
The Brady Trane, Inc. Web Site is offered to you conditioned
on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the Brady Trane, Inc.
Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
Brady Trane, Inc. reserves the right to change the terms, conditions,
and notices under which the Brady Trane, Inc. Web Site is offered,
including but not limited to the charges associated with the
use of the Brady Trane, Inc. Web Site.
LINKS
TO THIRD PARTY SITES
The Brady Trane, Inc. Web Site may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are not under
the control of Brady Trane, Inc. and Brady Trane, Inc. is not
responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Brady Trane, Inc. is not responsible
for webcasting or any other form of transmission received from
any Linked Site. Brady Trane, Inc. is providing these links
to you only as a convenience, and the inclusion of any link
does not imply endorsement by Brady Trane, Inc. of the site
or any association with its operators.
NO UNLAWFUL
OR PROHIBITED USE
As a condition of your use of the Brady Trane, Inc. Web Site,
you warrant to Brady Trane, Inc. that you will not use the Brady
Trane, Inc. Web Site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the
Brady Trane, Inc. Web Site in any manner which could damage,
disable, overburden, or impair the Brady Trane, Inc. Web Site
or interfere with any other party's use and enjoyment of the
Brady Trane, Inc. Web Site. You may not obtain or attempt to
obtain any materials or information through any means not intentionally
made available or provided for through the Brady Trane, Inc.
Web Sites.
USE OF COMMUNICATION SERVICES
The Brady Trane, Inc. Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large
or with a group (collectively, "Communication Services"),
you agree to use the Communication Services only to post, send
and receive messages and material that are proper and related
to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication
Service, you will not:
* Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of
others.
* Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information.
* Upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received
all necessary consents.
* Upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation
of another's computer.
* Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Service specifically
allows such messages.
* Conduct or forward surveys, contests, pyramid schemes or chain
letters.
* Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be
legally distributed in such manner.
* Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the
origin or source of software or other material contained in
a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying
the Communication Services.
* Violate any code of conduct or other guidelines which may
be applicable for any particular Communication Service.
* Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
* Violate any applicable laws or regulations.
Brady Trane, Inc. has no obligation to monitor the Communication
Services. However, Brady Trane, Inc. reserves the right to review
materials posted to a Communication Service and to remove any
materials in its sole discretion. Brady Trane, Inc. reserves
the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
Brady Trane, Inc. reserves the right at all times to disclose
any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in
whole or in part, in Brady Trane, Inc.'s sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. Brady Trane, Inc. does not control or endorse the content,
messages or information found in any Communication Service and,
therefore, Brady Trane, Inc. specifically disclaims any liability
with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers
and hosts are not authorized Brady Trane, Inc. spokespersons,
and their views do not necessarily reflect those of Brady Trane,
Inc..
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination.
You are responsible for adhering to such limitations if you
download the materials.
MATERIALS PROVIDED TO Brady Trane, Inc. OR POSTED AT ANY Brady
Trane, Inc. WEB SITE
Brady Trane, Inc. does not claim ownership of the materials
you provide to Brady Trane, Inc. (including feedback and suggestions)
or post, upload, input or submit to any Brady Trane, Inc. Web
Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
your Submission you are granting Brady Trane, Inc., its affiliated
companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Brady Trane, Inc. is under no
obligation to post or use any Submission you may provide and
may remove any Submission at any time in Brady Trane, Inc.'s
sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in
this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE Brady Trane, Inc. WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Brady Trane, Inc. AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Brady
Trane, Inc. WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Brady
Trane, Inc. WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION.
Brady Trane, Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE Brady Trane, Inc. WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND. Brady Trane, Inc. AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL Brady Trane, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Brady
Trane, Inc. WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
Brady Trane, Inc. WEB SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
Brady Trane, Inc. WEB SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE Brady Trane, Inc. WEB SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Brady
Trane, Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Brady Trane,
Inc. WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Brady Trane,
Inc. WEB SITE.
SERVICE CONTACT: postmaster@bradyservices.com
TERMINATION/ACCESS RESTRICTION
Brady Trane, Inc. reserves the right, in its sole discretion,
to terminate your access to the Brady Trane, Inc. Web Site and
the related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Washington,
U.S.A. and you hereby consent to the exclusive jurisdiction
and venue of courts in King County, Washington, U.S.A. in all
disputes arising out of or relating to the use of the Brady
Trane, Inc. Web Site. Use of the Brady Trane, Inc. Web Site
is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between
you and Brady Trane, Inc. as a result of this agreement or use
of the Brady Trane, Inc. Web Site. Brady Trane, Inc.'s performance
of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of
Brady Trane, Inc.'s right to comply with governmental, court
and law enforcement requests or requirements relating to your
use of the Brady Trane, Inc. Web Site or information provided
to or gathered by Brady Trane, Inc. with respect to such use.
If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and Brady Trane, Inc.
with respect to the Brady Trane, Inc. Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Brady Trane,
Inc. with respect to the Brady Trane, Inc. Web Site. A printed
version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent
an d subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and
all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Brady Trane, Inc. Web Site are: Copyright
2008 Brady Trane, Inc. and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein
may be the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended
or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United
States copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making
Claims of Copyright Infringement.
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