Terms of Use Agreement
Welcome to our Web site. By using our site, you are agreeing to comply
with and be bound by the following terms of use. Please review the following
terms carefully. If you do not agree to these terms, you should not use this
site. The term “Cooper” or “us” or “we” or “our” refers to Stuart F.
Cooper Co., the owner of the Web site. The term “you” refers to the user
or viewer of our Web Site.
Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our 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, products or services 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 using 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 by Section 4 below, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials. Some of the
content on the site is the copyrighted work of third parties.
Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or
documents (collectively defined as “Content and Materials”) therein are subject
to the following restrictions and prohibitions on use: You may not (a)
copy, print (except for the express limited purpose permitted by Section 4
above), republish, display, distribute, transmit, sell, rent, lease, loan or
otherwise make available in any form or by any means all or any portion of the
Site or any Content and Materials retrieved therefrom; (b) use the Site or any
materials obtained from the Site to develop, of as a component of, any
information, storage and retrieval system, database, information base, or
similar resource (in any media now existing or hereafter developed), that is
offered for commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or derivative works of any
Content and Materials from the Site; (d) use any Content and Materials from the
Site in any manner that may infringe any copyright, intellectual property
right, proprietary right, or property right of us or any third parties; (e)
remove, change or obscure any copyright notice or other proprietary notice or
terms of use contained in the Site; (f) make any portion of the Site available
through any timesharing system, service bureau, the Internet or any other
technology now existing or developed in the future; (g) remove, decompile,
disassemble or reverse engineer any Site software or use any network monitoring
or discovery software to determine the Site architecture; (h) use any automatic
or manual process to harvest information from the Site; (i) use the Site for
the purpose of gathering information for or transmitting (1) unsolicited
commercial email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and (3) unsolicited
telephone calls or facsimile transmissions; (j) use the Site in a manner that
violates any state or federal law regulating email, facsimile transmissions or
telephone solicitations; and (k) export or re-export the Site or any portion
thereof, or any software available on or through the Site, in violation of the
export control laws or regulations of the United States.
Forms, Agreements & Documents
We may make available through the Site or through other Web sites sample and
actual forms, checklists, business documents and legal documents (collectively,
“Documents”). All Documents are provided on a non-exclusive license basis
only for your personal one-time use for non-commercial purposes, without any
right to re-license, sublicense, distribute, assign or transfer such
license. Documents are provided without charge and without any
representations or warranties, express or implied, as to their
suitability, legal effect, completeness, currentness, accuracy, and/or
appropriateness. The Documents are provided “as is”, “as available”, and
with “all faults”, and we and any provider of the Documents disclaim any
warranties, including but not limited to the warranties of merchantability and
fitness for a particular purpose. The Documents may be inappropriate for
your particular circumstances. Furthermore, state laws may require
different or additional provisions to ensure the desired result. You
should consult with legal counsel to determine the appropriate legal or
business documents necessary for your particular transactions, as the Documents
are only samples and may not be applicable to a particular situation.
Some Documents are public domain forms or available from public records.
No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not intended to
and does not constitute legal advice, recommendations, mediation or counseling
under any circumstance and no attorney-client relationship is formed. We
do not warrant or guarantee the accurateness, completeness, adequacy or
currency of the information contained in or linked to the Site. Your use
of information on the Site or materials linked to the Site is entirely at
your own risk. We are not a law firm and the Site is not a lawyer
referral service.
Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the copyright notice, or
other notices on the Site, (b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue providing links to the Site
immediately upon request by us.
Advertisers.
We neither solicit nor encourage any third party advertising on our site. Should
such material appear, in any form, without our express permission in advance,
we will take appropriate action to ensure its immediate removal and report the
violation to law enforcement officials.
Certain sections of, or offerings from, the Site may require you to
register. If registration is requested, you agree to provide us with
accurate, complete registration information. Your registration must be
done using your real name and accurate information. Each registration is
for your personal use only and not on behalf of any other person or entity. We
do not permit (a) any other person using the registered sections under your
name; or (b) access through a single name being made available to multiple
users on a network. You are responsible for preventing such unauthorized
use.
Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses
or other harmful components, or that defects will be corrected. We do not
represent or warrant that the information available on or through the Site will
be correct, accurate, timely or otherwise reliable. We may make changes
to the features, functionality or content of the Site at any time. We
reserve the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
Third Party Content.
We make every effort to block undesirable third party content from appearing on
our site. Where third party content may appear on the Site or be accessible via
links from the Site, it requires our express permission in advance. We are not
responsible for and assume no liability for any mistakes, misstatements of law,
defamation, omissions, falsehood, obscenity, pornography or profanity in the
statements, opinions, representations or any other form of content on the
Site. You understand that the information and opinions in the third party
content represent solely the thoughts of the author and is neither endorsed by
nor does it necessarily reflect our belief.
Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not limited
to reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or
appropriate to such persons or entities relating to your profile, email
addresses, usage history, posted materials, IP addresses and traffic
information.
Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party
suppliers of information and documents, attorneys, advertisers, product and
service providers, and affiliates (collectively, "Affiliated Parties") harmless
from any liability, loss, claim and expense, including reasonable attorney's
fees, related to your violation of this Agreement or use of the Site.
Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or
right given to you to obtain information or documents is not transferable or
assignable.
Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE
NOT LIABLE FOR ANY 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 (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE
AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
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