Terms of Use
IMPORTANT! These Terms and Conditions ("Terms and Conditions") govern your
(the "User" or "You") use of the The Michael Weisel Committee Web Site (the "Web Site")
provided by The Michael Weisel Committee (the "Company"). These Terms and Conditions are
subject to change by the Company at any time in its discretion. Your use of the Web Site
after such changes are implemented constitutes your acceptance of the changes. Please consult
these terms and conditions regularly. These Terms and Conditions were last updated: July 27, 2007
1. Permittted Use
User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site
solely for User's personal educational, informational, and entertainment use. User will not
use the Web Site for any other purpose, including any commercial purpose, without the Company's
express prior written consent. For example, User will not, and will not authorize any other
person to, (i) Co-brand the Web Site or portion thereof, or (ii) frame the Web Site or portion
thereof (whereby the Web Site or portion thereof will appear on the same screen with a portion
of another web site). "Co-branding" means to display a name, logo, trademark, or other means of
attribution or identification of any party in such a manner reasonably likely to give a User the
impression that such other party has the right to display, publish, or distribute the Web Site or
content accessible within the Web Site (the "Content"). User agrees to cooperate with the Company
in causing any unauthorized Co-branding, framing or linking to immediately cease.
2. Proprietary Information
User acknowledges and agrees that the content accessible within the Web Site is the proprietary
information of the Company and its content providers, and the Company and its content providers
retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit,
publish or distribute such Content to any third party without the express written consent of the
Company or the applicable content provider except that User may print out a copy of Content solely
for User's personal use. In doing so, User will not remove or alter, or cause to be removed or
altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or
legend appearing on any of the Content.
3. Disclaimer
User will have access to a variety of sources of content through the Internet. The Company has made
no effort to verify the accuracy or suitability of any information contained in any such sources.
Accordingly, the Company will have no liability or responsibility whatsoever for any content contained
within any such sources. User accesses, uses, and relies upon such content at User's own risk. User
understands further that the Internet contains unedited materials, some of which are sexually explicit
or may be offensive. User accesses such materials at User's risk. Company has no control over and
accepts no responsibility whatsoever for such materials.
User understands that, except for information, products or services clearly identified as being supplied
by the Company, the Company does not operate, control or endorse any information, products or services
on the Internet in any way. User also understands that the Company cannot and does not guarantee or
warrant that files available for downloading from the Internet will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is
responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements
for accuracy of data input and output, and for maintaining a means external to the Web Site for the
reconstruction of any lost data. The Company does not assume any responsibility or risk for User's use
of the Internet.
The Company expressly disclaims any and all warranties with respect to any Content accessible within or
through the Web Site, express or implied, including any implied warranty of merchantability, fitness for
a particular purpose, title, or non-infringement.
4. Limitation on Liability
The Company, its Licensors, service providers, content providers, employees, agents, officers and
directors will not be liable for any incidental, indirect, consequential, or special damages, including
loss of revenue or income, pain and suffering, emotional distress or similar damages, even if the
Company has been advised of the possibility of such damages. In no event will the collective liability
of the Company and its Licensors, service providers, content providers, employees, agents, officers and
directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed
the amount User has paid to the Company for the applicable Content or service out of which liability arose.
5. Indemnity
User will indemnify and hold the Company, its Licensors, content providers, service providers and
contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by
User, including any use of Content other than as expressly authorized in these Terms and Conditions.
User agrees that the Indemnified Parties will have no liability in connection with any such breach
or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards,
costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also
indemnify and hold the Indemnified Parties harmless from and against any claims brought by third
parties arising out of User's use of the information accessed from the Web Site.
6. Forums
Information posted on forums, bulletin boards, or similar portions of the Web Site ("Forums") is supplied
by third parties and other Users unless the Company or its authorized representative identifies itself as
the content poster. Any opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties or any other User are those of the respective author(s) and
not of the Company. User will not post any of the following material in any Forum:
- material which threatens or abuses others, or which is defamatory or libelous, or which is invasive of another's privacy;
- material for which User does not have the right to post, including the proprietary material of any third party;
- material which advocates illegal activity or discusses an intent to commit an illegal act;
- material for advertising or commercial solicitation;
- material which is vulgar, obscene, pornographic, or indecent; or
- material which does not pertain directly to the subject matter of the particular forum.
The Company reserves the right to monitor Forums to determine compliance with these Terms and Conditions,
as well the right to remove or refuse to post any posting, including any of the above postings upon
discovery thereof. Notwithstanding these rights, Users remain solely responsible for the content of its
postings. User acknowledges and agrees that neither the Company nor any third party content provider will
assume or have any liability for any action or inaction by the Company or any third party content provider
with respect to any posting on the Forums. User will not (i) select or use a member name or e-mail address
of another person with the intent to impersonate that person; (ii) use a user name or e-mail address
subject to the rights of any person without authorization; (iii) use a member name in violation of the
intellectual property rights of any person; or (iv) use a member name that the Company, in its sole discretion,
deems offensive.
Further, User hereby grants to Company the royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute,
perform and display any message posted in Forums (in whole or in part) worldwide or to incorporate any message
in other works in any form, media or technology now known or later developed.
7. Miscellaneous
Severability. If any Section or provision of these Terms of Use be held illegal, unenforceable or in conflict
with any law by a court of competent jurisdiction or arbitral tribunal, such Section or provision of these
Terms of Use shall be deemed severed from these Terms of Use and the validity of the remainder of these Terms
of Use shall not be affected thereby.
Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of North
Carolina applicable to contracts made and to be enforced wholly within such state.
Submission to Jurisdiction. The parties to these Terms of Use each specifically consent to jurisdiction in
North Carolina in connection with any dispute between the parties arising out of these Terms of Use or pertaining
to the subject matter hereof.
Venue. The parties to these Terms of Use each agree that venue for any dispute between the parties arising out
of these Terms of Use or pertaining to the subject matter hereof may be had in the District Court for the
Eastern District of North Carolina or in the state courts of North Carolina sitting in Wake County, North
Carolina.
© Copyright 2007 The Michael Weisel Committee