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Our Terms of Service
STEPHENS-PECK, INC. USER AGREEMENT
By registering to become a member of this site, you are stating that you understand
and agree to be bound by the terms and conditions of this Stephens-Peck, Inc.
user agreement. Failure to abide by these terms will result in immediate termination
of access to http://www.peckstitlebook.com ("Site"), without refund or recourse.
Services
To use this Site, you do not have to register to become a Stephens-Peck, Inc.
member ("Member"). As a Member, however, you will have access to various services
to which non-Members do not have access, some of which will enable you and other
Members to interact with each other ("Member Areas"). These Member Areas and
services can include at our discretion, without limitation, the following:
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Forums
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Member-to-Member Messages
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Member Profiles
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Articles
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Features
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Downloads
If you would like to register to become a Member, please complete our membership
registration form. You agree to:
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Provide true, accurate, current and complete information as prompted by the registration form; and
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Maintain and update such information to keep it true, accurate, current and complete at all times.
If any information provided by you on the registration form is untrue, inaccurate,
not current or incomplete, or if we have reasonable grounds to so believe, we
have the right to suspend or terminate your membership and to refuse to provide
you with any future membership. If we have reason to believe that you have registered
someone other than yourself, we will cooperate with any law enforcement investigation
that may result from such misrepresentations and shall have the right, in our
sole discretion, to disclose any information you provided us in connection with
such registration.
We reserve the right to modify or discontine, temporarily or permanently, the
Site, or any portion thereof, with or without notice. You agree that Stephens-Peck,
Inc. shall not be liable to you or to any third party for any such action.
Site Rules
If you violate any of the Site rules, or if we have reasonable grounds to so
believe, we have the right to terminate your membership and to refuse to provide
you with any future membership.
You agree not to use the Site to upload, store, post, email or otherwise transmit
any:
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Material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another's privacy, hateful, racist, bigoted or otherwise objectionable;
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Material that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
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Material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
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Advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where specifically permitted; or
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Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Additionally, you agree not to:
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Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
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Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Site;
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Interfere with or disrupt the Site or servers or networks connected to the Site;
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Try to gain access to areas that are private to Stephens-Peck, Inc. administrators or to other Stephens-Peck, Inc. users;
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Violate any applicable local, state, national or international law;
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Collect or store personal data about other users of the Site;
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Promote or provide instructions of information about how to engage in illegal conduct or commit illegal activities; or
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Store any information or use any web page or directory you create for remote loading or as a door or signpost to another web page, whether inside or outside the Site.
You acknowledge that we do not prescreen material posted or transmitted on the
Site, but that we and our designees shall have the right (but not the obligation)
in our sold discretion to review and edit, delete or refuse to post any material
submitted for display or placed on the Site, including but not limited to message
board posts, profiles and member-to-member messages. Without limiting the foregoing,
we and our designees shall have the right to remove any material that violates
this Agreement, that we believe in good faith may create liability for us, or
that we deem is otherwise objectionable.
You acknowledge and agree that we may preserve material and may disclose material
if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to:
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Comply with legal process;
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Enforce this Agreement;
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Respond to claims that any material violates the right of third parties; or
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In our sole judgment, protect the rights, property or personal safety of Stephens-Peck, Inc., its users and the public.
Public Areas
A Public Area ("Public Area") of the Site is any area where you may submit material ("Submissions") for viewing by others or view Submissions of other Stephens-Peck, Inc. users, such as profiles, forums, or award programs. In some of these areas, a Submission includes the name, ID, nickname, and/or other information that would be displayed with the submitted material, as applicable. You agree to use Public Areas in accordance with the Agreement and any policies for the Public Areas that are displayed on the Site.
BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY STEPHENS-PECK, INC. AND HOLD IT HARMLESS FROM ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION.
By making a Submission to any Public Area, you automatically grant Stephens-Peck, Inc. the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and distribute the content of the Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also permit any other user of the Stephens-Peck, Inc. Site to access, view, store, or reproduce the Submission for that user's personal use.
Links
Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such site or location of its contents. Stephens-Peck, Inc. shall not be responsible for any information, software, or links found at any other World Wide Web site, Internet location, or source of information, for your use of such information, or for e-commerce transactions conducted at or through any linked site or location.
Disclaimer Of Warranties
A Public Area ("Public Area") of the Site is any area where you may submit material ("Submissions") for viewing by others or view Submissions of other Stephens-Peck, Inc. users, such as profiles, forums, or award programs. In some of these areas, a Submission includes the name, ID, nickname, and/or other information that would be displayed with the submitted material, as applicable. You agree to use Public Areas in accordance with the Agreement and any policies for the Public Areas that are displayed on the Site.
BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY STEPHENS-PECK, INC. AND HOLD IT HARMLESS FROM ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION.
By making a Submission to any Public Area, you automatically grant Stephens-Peck, Inc. the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and distribute the content of the Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also permit any other user of the Stephens-Peck, Inc. Site to access, view, store, or reproduce the Submission for that user's personal use.
Links
Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such site or location of its contents. Stephens-Peck, Inc. shall not be responsible for any information, software, or links found at any other World Wide Web site, Internet location, or source of information, for your use of such information, or for e-commerce transactions conducted at or through any linked site or location.
Disclaimer Of Warranties
You expressly agree that your use of the site, including, without limitation,
any material and/or data developed by Stephens-Peck, Inc. or by third parties
("information providers"), is at your sole risk. The site, and any content or
materials available through the site, are provided on an "as is" and "as available"
basis and without warranty of any kind, express, implied or statutory. Stephens-Peck,
Inc. and the information providers hereby expressly disclaim all such warranties
including, without limitation, any implied warranties or merchantability, fitness
for a particular use or purpose, title, or noninfringement, or any warranty as
to results that may be obtained through the use of the site. Stephens-Peck, Inc.
does not represent or warrant that the site will function without interruption,
that the site is error- or defect-free, that any such defects or errors will be
corrected, or that the site and the server(s) that make the site available are
free of viruses or other harmful components.
No advice or information, whether oral or written, that you obtain from Stephens-Peck, Inc. or otherwise through your use of the Site shall create any warranty on the part of Stephens-Peck, Inc. or the information providers.
No advice or information, whether oral or written, that you obtain from Stephens-Peck, Inc. or otherwise through your use of the Site shall create any warranty on the part of Stephens-Peck, Inc. or the information providers.
Limitations in Liability
In no event shall Stephens-Peck, Inc., the information providers or any other
person or entity involved in creating or distributing the Site be liable for any
direct, indirect, incidental, special or consequential damages, however arising
and under any theory of liability (including, without limitation, tort, including
negligence and strict liability, breach of contract or breach of warranty), that
result from your use or inability to use the site, any changes to the site or
this Agreement, unauthorized access to or alteration of your transmission of data,
any material or data sent or received or not sent or received, or any transactions
entered into through the site. Stephens-Peck, Inc. is not responsible or liable
for any threatening, defamatory, obscene, offensive or illegal content or conduct
of any other party or any infringement of another's rights, including intellectual
property rights.
If you are dissatisfied with the Site or the services, content or materials available on or through the site, your sole and exclusive remedy is to discontinue using the site. The foregoing limitations on liability shall be applicable even if Stephens-Peck, Inc. or the applicable third party knew or should have known of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Ownership of Materials
If you are dissatisfied with the Site or the services, content or materials available on or through the site, your sole and exclusive remedy is to discontinue using the site. The foregoing limitations on liability shall be applicable even if Stephens-Peck, Inc. or the applicable third party knew or should have known of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Ownership of Materials
The contents of the Site, including without limitation text, software, photos,
graphics, and all other audiovisual elements are copyrighted by Stephens-Peck,
Inc. as a collective work under the United States copyright laws. Except for
material in the public domain, Stephens-Peck, Inc. and its licensors hold copyrights
to all content appearing on the Site. Reproduction, distribution, retransmission,
modification, public display, and public performance of such materials is prohibited
without the prior written consent of Stephens-Peck, Inc.
Modification Of Agreement
Modification Of Agreement
You agree that Stephens-Peck, Inc. may change the terms and conditions of this
Agreement, unilaterally, and at any time, by conspicuously posting notice of such
change on the Site for a period of five (5) consecutive days. Continued use of
the Site after such notice will constitute your acknowledgment and acceptance
of the revised terms and condition.
General
This Agreement contains the complete and final statement of the understanding between you and Stephens-Peck, Inc. with respect to, and supercedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and Stephens-Peck, Inc. concerning, the subject matter of this Agreement.
If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms.
The waiver by Stephens-Peck, Inc. of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of Stephens-Peck, Inc. to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance.
All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including without limitation, the Site Rules, Adult Areas, Public Areas, Links, Disclaimer of Warranties, Limitations on Liability, Allocation of Risk, Ownership of Materials, Indemnification, Choice of Law/Jurisdiction and Venue and General sections of this Agreement.
General
This Agreement contains the complete and final statement of the understanding between you and Stephens-Peck, Inc. with respect to, and supercedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and Stephens-Peck, Inc. concerning, the subject matter of this Agreement.
If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms.
The waiver by Stephens-Peck, Inc. of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of Stephens-Peck, Inc. to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance.
All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including without limitation, the Site Rules, Adult Areas, Public Areas, Links, Disclaimer of Warranties, Limitations on Liability, Allocation of Risk, Ownership of Materials, Indemnification, Choice of Law/Jurisdiction and Venue and General sections of this Agreement.
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