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Terms & conditions
Introduction You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to this Web site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to each use of the Site. Copyright The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed under "Limited Right to Use" below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting by Thurston Development Group, LLC of information or materials on the Site does not constitute a waiver of any right in such information and materials. Copyright and Service Mark Information Copyright © Thurston Development Group, LLC, Inc., 2007, all rights reserved. "Thurston Development Group, LLC," "TDG," and certain associated logos are protected service marks of Thurston Development Group, LLC, Inc. in the United States and other countries Limited Right to Use The viewing, printing or downloading of any content, video, audio, graphic, form or document from the Site grants you only a revocable, nonexclusive license for use solely by you for personal, noncommercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard Internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, noncommercial use (but not for resale or redistribution). Editing, Deleting and Modification We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site. Indemnification You agree to indemnify, defend and hold Thurston Development Group, LLC and their respective directors, officers, shareholders, employees, agents, attorneys, advertisers, and publishers (collectively, "Our Affiliated Parties") harmless from any liability, loss, claim or expense, including reasonable attorneys' fees, related to your use of the Site or violation of this Agreement. Nontransferable Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY THE COMPUTER PROGRAMS, INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Thurston Development Group, LLC DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (B) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COMPUTER PROGRAMS OR INFORMATION, OR AGAINST INFRINGEMENT. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. WE AND OUR AFFILIATED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Links to Other Web Sites The Site may now, or hereafter from time to time, contain links to third-party Web sites. We do not control, investigate, monitor or check such Web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such Web sites. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Site and access any third-party Web site, you do so at your own risk. Forward-Looking Statements The Site may now, or hereafter from time to time, contain certain statements or information with respect to (i) the projection of revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items relating to us; (ii) our plans, objectives and/or projections for future operations, including those relating to our products or services; (iii) our future economic performance; and (iv) other projections, estimates or forward-looking statements relating to us. All such statements and information are forward-looking statements within the meanings of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. Such forward-looking statements are based upon, or will be based upon, our judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. For further detail and information concerning such risks and uncertainties, please consult our reports and other documents and information now and hereafter on file with the Securities and Exchange Commission. Information and Press Releases The Site may contain interviews, discussions, press releases and other information (collectively, "Information") about us, our business and our services, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of the Site. While all Information prepared by Thurston Development Group, LLC was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than Thurston Development Group, LLC that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information, including by employees and agents of Thurston Development Group, LLC, are solely those of the author(s) and do not necessarily reflect those of Thurston Development Group, LLC. Export Control Any text, logos, designs, graphics, images, sounds, information, documents, or other materials (collectively, "Materials") available from or through the Site are or may be subject to United States export controls. No such Materials from this site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders (each, a "Restricted List"). By using or downloading any Materials from the Site, you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any Restricted List. Visitors' Communications Except where expressly provided otherwise by us, all comments, feedback, information, or materials that you submit through or in association with the Site shall be considered non-confidential. By submitting such comments, feedback, information, or materials to us: i. You represent and warrant that Thurston Development Group, LLC's use of your submission does not and will not breach any agreement, violate any law, or infringe any third party's rights; ii. You represent and warrant that you have all rights to enter into this agreement; iii. Thurston Development Group, LLC is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and iv. You grant Thurston Development Group, LLC all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by Thurston Development Group, LLC to anyone whatsoever. We do not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials. Thurston Development Group, LLC expressly prohibits the scraping of email addresses from any Thurston Development Group, LLC Web site (including all areas of this Site - member and non-member) and expressly opts out of receiving commercial electronic mail messages to Thurston Development Group, LLC domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software. Site and Ad Behavior Sites showing Thurston Development Group, LLC ads should be easy for users to navigate and should not contain excessive pop-ups. Affiliate code may not be altered, nor may standard ad behavior be manipulated in any way that is not explicitly permitted by Thurston Development Group, LLC. • Sites showing Thurston Development Group, LLC ads may not contain pop-ups or pop-unders that interfere with site navigation, change user preferences, or initiate downloads. • Any Affiliate code must be pasted directly into webpages without modification. Affiliate participants are not allowed to alter any portion of the code or change the behavior, targeting, or delivery of ads. For instance, clicks on Thurston Development Group, LLC ads may not result in a new browser window being launched. • A site or third party cannot display our ads, search box, search results, or referral buttons as a result of the actions of any software application such as a toolbar. • No Affiliate code may be integrated into a software application. • Webpages containing Affiliate code may not be loaded by any software that can trigger pop-ups, redirect users to unwanted websites, modify browser settings, or otherwise interfere with site navigation. It is your responsibility to ensure that no ad network or affiliate uses such methods to direct traffic to pages that contain your Affiliate code. • Referral offerings must be made without any obligation or requirement to end users. Publishers may not solicit email addresses from users in conjunction with Affiliate referral units. • The advertising should not be deceptive to users Site Content While Thurston Development Group, LLC offers broad access to a variety of content in the search index, publishers in the Affiliate program may only place Thurston Development Group, LLC ads on sites that adhere to our content guidelines. Sites displaying Thurston Development Group, LLC ads may not include: • Violent content, racial intolerance, or advocacy against any individual, group, or organization • Pornography, adult, or mature content • Hacking/cracking content • Illicit drugs and drug paraphernalia • Excessive profanity • Gambling or casino-related content • Content regarding programs which compensate users for clicking on ads or offers, performing searches, surfing websites, or reading emails • Excessive, repetitive, or irrelevant keywords in the content or code of web pages • Deceptive or manipulative content or construction to improve your site's search engine ranking, e.g., your site's PageRank • Sales or promotion of weapons or ammunition (e.g., firearms, fighting knives, stun guns) • Sales or promotion of beer or hard alcohol • Sales or promotion of tobacco or tobacco-related products • Sales or promotion of prescription drugs • Sales or promotion of products that are replicas or imitations of designer goods • Sales or distribution of term papers or student essays • Any other content that is illegal, promotes illegal activity, or infringes on the legal rights of others
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