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NCDSA(TM) service (the
"Service") and its affiliate sites (the "Sites") are accessible worldwide
to anyone with Internet access. Access to and use of the Service and the
Sites are subject to the terms and conditions of this User Agreement and
Copyright Notice and all applicable laws and regulations, including laws
and regulations governing copyright and trademark. BY ACCESSING THE SERVICE
AND THE SITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF
THE TERMS AND CONDITIONS IN THIS USER AGREEMENT. NCDSA and its affiliates
reserve the right to change these terms and conditions at any time. The
changes will appear on this screen. By using the Service and the Sites,
you agree in advance to accept any changes.
The materials used and
displayed on the Service and the Sites, including but not limited to text,
software, photographs, graphics, illustrations and artwork, video, music
and sound, and names, logos, trademarks and service marks, are the property
of NCDSA or its affiliates or licensors and are protected by copyright,
trademark and other laws. Any such content may be displayed solely for
your personal, non-commercial use. You agree not to modify, reproduce,
retransmit, distribute, disseminate, sell, publish, broadcast or circulate
any such material without the written permission of NCDSA or the appropriate
affiliate.
The Service and the Sites
contain information, facts and opinions from various individuals and organizations.
THE SERVICE AND THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT. NEITHER NCDSA NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE
FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON
THE SERVICE OR THE SITES.
The Service and the Sites
include bulletin boards, chat rooms and other user and member created pages
which allow you and other users and members to post information, provide
feedback to NCDSA and its affiliates, and interact in real-time. You agree
not to post or transmit any unlawful, harmful, threatening, abusive, harassing,
proselytizing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or
otherwise objectionable material of any kind, including, but not limited
to, any material which encourages conduct that would constitute a criminal
offense, violate the rights of others, or otherwise violate any applicable
local, state, national or international law. You will be responsible for,
and indemnify and hold harmless NCDSA, its subsidiaries, divisions, affiliates,
agents and representatives against, any claim arising from any material
that you post or transmit. Although NCDSA and its affiliates may from time
to time monitor or review discussions, chats, postings, transmissions,
bulletin boards and other user and member generated pages on the Site,
neither NCDSA nor its affiliates is under any obligation to do so. You
acknowledge that NCDSA and its affiliates do not control the information
available on the bulletin boards, chat rooms and other user and member
generated pages and that any opinions, advice, statements, services, offers
or other information or content presented or disseminated on any bulletin
board, chat room or on any other user or member generated pages are those
of their respective authors who are solely liable for their content. NCDSA
and its affiliates reserve the right, in their sole discretion, to edit,
refuse to post or remove any material submitted to or posted on the chat
rooms, bulletin boards or on any other user or member generated pages.
Your use of the Service
and the Sites is at your own risk. NEITHER NCDSA, NOR NORCAL INTERNET LLC(TM) INC.
NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES
OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY
OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY
TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE
ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE
TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES.
YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST NCDSA, OR NORCAL INTERNET LLC
AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND
LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE
INFORMATION AVAILABLE THEREON.
Any communication or material
you post or transmit to the Service and/or the Sites is, and will be treated
as, non-confidential and non-proprietary. You assume full responsibility
for anything you post or transmit, and you grant NCDSA and its affiliates
the right to edit, copy, publish and distribute any information or content
you post or transmit for any purpose.
NCDSA and its affiliates
do not review or monitor any web sites linked to the Service and the Sites
and are not responsible for the content of any such linked web sites. Your
linking to such web sites is at your own risk.
You should be aware that
if you voluntarily disclose personal information (e.g., user name, email
address) on a bulletin board, chat room or on any other user or member
generated pages, that information can be collected and used by others and
may result in unsolicited messages from other parties.
You agree to accept web server cookies
from the Ncdas.com web server. A cookie is a tiny piece of text information that is placed on your computer when you visit a cookie-enabled web site. Cookies are used by our web servers to help us track user patterns so we can deliver web pages and advertisements that better reflect a user's interests. Ncdsa only tracks users while they remain on the Ncdsa site. Cookies also help us track and prevent abusers of our forums so we can maintain the quality content you have come to expect from Ncdsa.
This User Agreement and
any disputes arising out of or related to the Service and the Sites shall
be governed by, and construed and enforced in accordance with, the laws
of the State of California.