Except as otherwise provided in a written agreement signed by City Investors LLC or its affiliates, these Terms of Use represent the entire understanding between you and City Investors LLC and its affiliates (collectively, "we'", "us" or "our") regarding your use of www.fixmercermess.org (the "Site") and your submission of any materials to us. We are providing you access to the Site subject to these Terms of Use and the fixmercermess.org Privacy Policy. By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.
We reserve the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.
Personal and Non-Commercial Use Only
Unless otherwise specified in writing by us, the Site is available for your personal and non-commercial use only. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained through this Site.
Disclaimer
ANY USE OF THE SITE IS AT YOUR OWN SOLE RISK. THE SITE AND ALL CONTENT CONTAINED WITHIN THE SITE IS PROVIDED ON AN "AS-IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN. YOU ARE ENTIRELY RESPONSIBLE FOR ANY CONTENT YOU UPLOAD, EMAIL OR OTHERWISE POST USING THE SITE.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.
Links
The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than us. We provides these links solely as a convenience. The appearance of a link does not imply our endorsement, nor are we responsible for the content of any linked site. You access linked sites at your own risk.
Eligibility
You must be 18 years or older to use the Site.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.
Submissions
We accept personal information for use in sending people information about the Site and the projects on the Site. However, we do not want and cannot accept any requests, proposals, business plans, applications, ideas, suggestions or other materials that you consider to be confidential or proprietary. Furthermore, we do not accept proposals concerning film production companies, film/TV scripts or concept papers, themed amusement parks or restaurants, music acts, record companies, or recording studios.
Except as otherwise agreed by us in writing, all requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to us, using the Site or otherwise, (collectively, "Submissions") will not be treated as confidential or proprietary and we will have no nondisclosure obligations or use prohibitions related to the Submissions. we do not claim ownership of the Submissions; however, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliates and necessary sublicensees permission to use your Submission in connection with the operation of our businesses, including without limitation the license rights to display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.
We reserve the right to reject any Submission or request for information and to bar any user from the Site, for any reason, in our sole discretion.
Posting on Forums
As a visitor to the Site, you may participate in any available communications forums to post information, suggestions, reviews, or comments. You agree you will not post any content on the Site that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable or that contains any software viruses, political campaigning, commercial solicitation, chain letters or any form of mass mailings or spam. We reserve the right (but not the obligation) to remove or edit such content but we do not regularly review posted content. We take no responsibility and assume no liability for content posted by you or any third party.
By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, submit or post such Submissions.
We reserves the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in our sole discretion. Materials uploaded to the Site may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
No Unlawful or Prohibited Use; Indemnity
You warrant that you will not use the Site or any of the content obtained from the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden or impair any of our servers or the network(s) connected to any of our servers, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to any materials or information through any means not intentionally made available through the Site, including without limitation through hacking or any other means. You will indemnify, defend and hold harmless us, our subsidiaries and affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or any violation of these terms.
General Proprietary Rights
The Site is owned by us and contains material that is derived in whole or in part from us and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without our express written permission.
Copyright
All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are our property or that of our content suppliers, and are protected by U.S. and other international copyright laws, © 2006, City Investors LLC ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Site is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Notice of Potential Infringement
Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to info@fixmercermess.org.
Applicable Law
We operate the Site from Seattle, Washington, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Washington without reference to its conflict of law provisions.
Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the state or federal courts of King County, Seattle, Washington, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.
Termination
These Terms of Use shall remain in force until terminated by us. We may terminate the Terms of Use or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, Submissions, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.
Miscellaneous
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: April 14, 2006
