1. DESCRIPTION OF SERVICES.
2. ACCEPTANCE OF TERMS.
You agree that your use of the Site and the Services as either a Visitor (when you browse the Site) or a Sponsor (when you advertise on the Site) are subject to the TOU in this Agreement. You are only authorized to use the Site and the Services if you agree to abide by all applicable laws and to the TOU in this Agreement. Please read this Agreement carefully. If you do not agree with the TOU, you should leave the Site and discontinue use of the Services.
MRM may modify the TOU in this Agreement from time to time, with or without notice to you, and such modifications shall be effective upon posting by MRM on the Site. You agree to be bound by any changes to the TOU when you use the Site or the Services after any such modification is posted. It is therefore important that you review the TOU in this Agreement regularly to ensure that you are updated as to any changes.
This Agreement, and any posted revisions to the TOU in this Agreement, shall remain in full force and effect while you use the Site and the Services.
3. PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
4. NOTICE SPECIFIC TO INFORMATION AVAILABLE ON THIS SITE.
DISCLAIMERS AND LIMITATIONS ON LIABILITY. The Site contains contact information for and links to the Web sites of third party advertisers, sponsors, dealers, distributors and suppliers (collectively, "Sponsors"). When you access Sponsors' Web sites, you do so at your own risk. The posting of Sponsors' contact information or links to Sponsors' Web sites on the Site do not constitute or imply an approval or endorsement by MRM of any information, materials, documents, services or products available by Sponsors or on Sponsors' Web sites. MRM makes no representations about the suitability or accuracy of information, documents, materials, services or products made available as part of the content, services or products offered by Sponsors for any purpose. ALL SUCH INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND BY MRM. MRM DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY. IN NO EVENT SHALL MRM BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON THE SITE OR BY SPONSORS, OR FAILURE TO PROVIDE PRODUCTS OR SERVICES BY MRM OR SPONSORS, WHETHER OR NOT MRM KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.
MRM DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE FUNCTIONING WILL BE UNINTERRUPTED OR FREE OF ERRORS. MRM ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ANY COMPUTER OF ANY PERSON OR ENTITY USING THE SITE. MRM IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS ON THE INTERNET OR ON THE SITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON'S OR ENTITY'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH USING THE SITE OR THE SERVICES. UNDER NO CIRCUMSTANCES SHALL MRM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR THE SERVICES.
MRM IS NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY, TO YOU OR TO ANY THIRD PARTY, WITH RESPECT TO ANY MATERIAL POSTED BY ANYONE ON THE SITE, INCLUDING DEFAMATORY, OFFENSIVE OR ILLICIT MATERIAL, EVEN IF THAT MATERIAL VIOLATES THIS AGREEMENT.
IN ANY CASE, MRM'S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF $500 AND ANY FEES/PAYMENTS RECEIVED BY MRM FROM YOU FOR USING THE SITE OR THE SERVICES, OR ADVERTISING ON THE SITE. THIS LIMITATION WILL APPLY, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHETHER A CLAIM OR ACTION SOUNDS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY.
PLEASE NOTE THAT SOME OF THESE LIMITATIONS ON LIABILITY MAY NOT BE ENFORCEABLE IN SOME STATES, AND IF SO, THEY ARE NOT APPLICABLE TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE MRM, ITS AFFILIATES AND AGENTS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
YOU ACKNOWLEDGE AND AGREE THAT MRM WOULD NOT HAVE POSTED THIS SITE BUT FOR THESE DISCLAIMERS OF LIABILITY, AND AGREE THAT THE TERMS ARE REASONABLE.
5. NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Site and the Services, you will not use the Site or the Services for any purpose that is unlawful or prohibited by the TOU in this Agreement. MRM reserves the right to investigate and take appropriate legal action against anyone who, in MRM's sole discretion, violates this provision, including, without limitation, denying, restricting, suspending or terminating your access to all or any part of the Site or the Services, with or without prior notice or explanation, and without liability to MRM. MRM has no obligation to take any of the above-referenced actions. The following prohibitions apply to all of the Services on the Site. You will not:
5.1 Use the Services in any manner that could damage, disable, overburden, or impair any of the Site's servers or the network(s) connected to any of the Site's servers, or interfere with any other party's use and enjoyment of the Services.
5.2 Attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to any Site server or to any of the Services, through hacking, password mining or any other means.
5.3 Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
5.4 Use the Services or contact Sponsors in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative, exploitive or unsolicited messages (commercial or otherwise).
5.5 Use the Site or the Services in any manner which is inconsistent with or violates any applicable laws or regulations.
5.6 Publish, post, disseminate, link to, upload, use, copy or otherwise make available anywhere (whether or not for a fee) any directory of Sponsors on the Site.
5.7 Post, upload, disseminate, link to, use, modify, copy, reproduce, republish, transmit or otherwise make available anywhere any content, articles, digital media, information, Web links, comments, images, text, files, photographs, videos, works of authorship, messages, communications or any other materials which are made available through the Site, the Services, or any MRM publications in any manner that infringes any copyright, trademark, patent, trade secret, or other personal or proprietary right of any party.
6. SUBMISSION POLICIES.
6.1 Unsolicited Idea Submissions . We welcome your comments and feedback about the Site and the Services. However, MRM does not accept or consider unsolicited submissions concerning its business or operations, including, but not limited to original ideas for new advertising campaigns, promotions, products, services, technologies, processes, marketing plans or new product/service names. Please do not send MRM such submissions. The purpose of this policy is to avoid potential misunderstandings or disputes when MRM's services, products or marketing strategies appear similar to ideas submitted to MRM. All such submissions to MRM are considered the property of MRM. MRM does not have an obligation to protect the confidentiality of any such submission. MRM will exclusively own all known or later-existing rights to such submission worldwide, and will be entitled to the unrestricted use of any such submission for any purpose, without compensation to you or any third party provider of such submission.
6.2 Content, Article, Graphic and Photograph Submissions . MRM welcomes and accepts unsolicited content, article, graphic and photograph submissions for the Magazine and the Site. MRM is not obligated to pay you or any third party provider compensation for any such submissions. Unless MRM pays any compensation for and/or publishes any such submissions in the Magazine or on the Site, you and any third party provider will retain all intellectual property rights, including rights in copyright, in such submissions.
7. COPYRIGHT COMPLAINTS.
MRM respects the intellectual property rights of others, and we ask the users of the Site and the Services to do the same. It is our policy not to permit materials known by MRM to infringe another party's copyright to remain on the Site. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify MRM by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth below:
7.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
7.2 Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
7.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MRM to locate the material;
7.4 Information reasonably sufficient to permit MRM to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
7.5 A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7.6 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Korry Stagnito, President
Moose River Media
374 Emerson Falls Road
St. Johnsbury, VT 05819
8. QUALIFIED RECIPIENTS OF THE MAGAZINE.
Only Qualified Recipients may receive subscriptions to the Magazine. The Magazine serves the agricultural industry, including fruit and vegetable growers; nut producers; insect control, soil fertility and recycling businesses and specialists; greenhouses; nurseries; dealers; distributors; manufacturers; and others involved in the agricultural industry (the "Field Served"). "Qualified Recipients" are individuals over the age of 13 who are owners, managers, specialists, government officials, sales representatives, dealers, distributors, manufacturers, and other titled and non-titled personnel in the Field Served by the Magazine. MRM reserves the right to review your request to subscribe to the Magazine to determine if you are a Qualified Recipient. If MRM determines, in its sole discretion, that you are not a Qualified Recipient, it is not obligated to accept your request to receive a subscription to the Magazine. If MRM determines that you are not a Qualified Recipient it may, at its option, contact you using the personal information you provided in your request to subscribe to the Magazine.
9. INTELLECTUAL PROPERTY OF MRM. The Site and the Services contain content protected by copyright, trademark, and other law, and MRM owns and retains all rights in this content.
10. COPYRIGHT NOTICE. Copyright © 2008 MRP Acquisition LLC d/b/a Moose River Media. All rights reserved.
11. TRADEMARKS. MOOSE RIVER PUBLISHING, the MRP logo, MOOSE RIVER MEDIA, the MOOSE RIVER MEDIA logo, and the stylized lettering for TREE SERVICES are trademarks, and TREE SERVICES is a registered trademark, of MRP Acquisition LLC d/b/a Moose River Media.
12. JURISDICTION AND DISPUTES.
This Agreement is governed by the laws of the State of Vermont, USA, without regard to its conflicts of laws provisions, the state and federal courts of which have sole and exclusive jurisdiction to resolve any actions or claims arising out of or in connection with your use of the Site and/or the Services, your breach of this Agreement and/or arising from any breach of your representations and warranties set forth in this Agreement. You submit to the jurisdiction of such courts for such purpose, and agree not to contest venue as appropriate in Burlington, Vermont. The parties waive the right to trial by jury.
You agree to indemnify and hold MRM, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services and/or the Site in violation of this Agreement and/or from any breach of this Agreement.