TERMS AND CONDITIONS
Intellectual Property
Copyright © trexxers.com 2009. All rights reserved.
You are authorized to view, print, copy and distribute information published on this site (the "Site"), provided that (a) the information may be used (by you or any third party to whom you distribute it) only for informational, non-commercial purposes; (b) no fee may be charged for distribution of any information to any third party; and (c) any and all copyright or other proprietary notices that appear herein, together with these Terms of Use, must appear on all copies that you make or distribute. All brand and product names mentioned herein are trademarks of their respective owners
Your Obligations
You agree not to share any login and password ("login/password") issued in connection with the Site. You agree not to engage in any activity that would, or reasonably could, destabilize or otherwise jeopardize the integrity of the Site. You agree to promptly report to trexxers.com any known security breach, including the compromise of a login/password or other fact that may jeopardize the integrity of the Site.
You agree not to upload, post, or otherwise publish on or over the Site any software, files, information, communication, or other content (a) which violates or infringes upon the rights of any other; (b) which, under the circumstances, is or is likely to be perceived by an intended recipient as deceptive, misleading, defamatory, abusive, or otherwise offensive; (c) which adversely affects the performance or availability of the service; (d) which contains any virus, worm, cancelbot, harmful component or corrupted data; or (e) which contains any advertising, promotion, or solicitation of goods or services for commercial purposes. You agree at all times to comply with and abide by the Blog and Wiki Guidelines attached in Exhibit A hereto and you acknowledge and agree that should you violate such Guidelines trexxers.com may terminate your access to the Site.
You agree to indemnify, defend and hold trexxers.com harmless from any and all damages, liabilities, costs and expenses trexxers.com incurs as a result of any claim, judgment or adjudication against trexxers.com by any third party arising out of the use or distribution of software, files, information, communication or other content that you submit to the Site. In the event that trexxers.com receives notice of such a claim, it will promptly notify you in writing and will permit you to have the sole control of the defense of any such claim or action and all negotiations for its settlement and compromise, provided you give adequate assurances to trexxers.com that you will diligently pursue resolution of the claim.
Disclaimer of Warranties and Limitation of Liability
Individuals provide most of the material in the trexxers.com community. Such third-party content is the sole responsibility of the person originating the material. Trexxers.com does not control and is not responsible for this third-party material.
Trexxers.com does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement on intellectual property rights, or quality of any material that appears on the Site, regardless of who originates that material. All information provided via the Site (the “Information”) is intended for informational purposes only and is subject to change or withdrawal at any time without notice. THE INFORMATION IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You expressly understand and agree that you bear all risks associated with using or relying on the material. Trexxers.com will not be liable or responsible in any way for any content on the Site, including, but not limited to, any errors or omissions in the material, or for any losses or damage of any kind incurred as a result of the use of or reliance on any material. IN NO EVENT WILL TREXXERS.COM OR ANY OTHER PARTY CONTRIBUTING MATERIAL TO THE SITE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF EXPRESSLY ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Feedback
All comments, feedback, information or materials submitted through or in association with the Site shall be considered non-confidential and the property of trexxers.com. By submitting such comments, feedback, information or materials, you agree to a no-charge assignment to trexxers.com of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Trexxers.com shall be free to use, copy or distribute such comments, feedback, information or materials on an unrestricted basis without accounting to you.
Links to Third Party Sites
The Site may contain hyperlinks to other web sites controlled by parties other than trexxers.com. Trexxers.com is not responsible for and does not endorse the contents or use of these Web sites.
Governing Law and Jurisdiction
You agree that any legal action, proceeding or other matters relating to your access to, or use of, the Information or the Site shall be governed by U.S. federal law or the laws of the State of New York. You agree that you will not access, download, use or export the Information in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations. If there is a determination that any provision of the Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use, and the Terms of Use shall be deemed amended to the minimum extent necessary to make the remainder valid and enforceable.
Termination
You may terminate your participation in the Site at any time by discontinuing use of the Site, but all usage prior to such discontinuation will be governed by the Terms of Use in effect at that time. Trexxers.com reserves the right to discontinue all or any part of the Site at any time without notice, and to terminate the participation of any individual in the use of the Site, or any part thereof, at any time without notice. Trexxers.com also reserves the right, in its sole discretion, to terminate or suspend temporarily any individual’s access to the Site for any or no reason at any time without notice.
EXHIBIT A
Blog and Wiki User Guidelines
Trexxers.com provides blogs, wikis and/or forums (collectively “Blogs and Wikis”) (i) as a service to its users, to help them exchange ideas, tips, information, and techniques; and (ii) as a forum for discussion of appropriate industry-related topics. These Blogs and Wikis are accessible to all who register and are 13 years of age or older. Like any community, they are most valuable when everyone obeys certain basic guidelines and rules for online behavior. These guidelines and rules are presented here so that you know what is expected of you and what you can expect from other participants when using Blogs and Wikis. By registering you agree to follow these Usage Guidelines.
Relevance of Topics
For everyone's benefit please stay on topic. These Blogs and Wikis are specifically provided to allow users to help each other in using products and services, and to serve as a forum for discussion of appropriate industry-related topics. Please refrain from discussing personal matters, abusing any company or product, or, in general, from posting in a manner unrelated to discussion of the above topics.
Appropriate Language
Everyone wants to have a positive experience while on the Blogs and Wikis - please make sure that you are not detracting from any other user's experience. In particular, please refrain from posting anything unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable or injurious to third parties. Your opinions are always welcome, but personal attacks and harassment in the Blogs and Wikis are not acceptable.
Solicitation / Advertising
This community is provided to individuals for their personal use and is not intended for the promotion of third party services, products, websites, or organizations. Please refrain from posting content that would constitute advertising, junk mail, spam, chain letters, or any other form of unauthorized solicitation.
Keep it Legal
It is unacceptable to post any material that would infringe on any patent, trademark, trade secret, copyright, or other proprietary rights of any party, that contains software viruses or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware, or that is deemed to be illegal by any local, state, federal, or international law, rule or regulation.
Be careful
Most people are happy to help out on these Blogs and Wikis, but remember that their advice is theirs only and that you are responsible for deciding whether or not to follow it. If the advice given by a user sounds wrong to you, do not try it. You should not post personal information on these Blogs and Wikis including your name and address, age, or phone number. Furthermore, if any user asks you for personal information, such as an account number, address, password or credit card number, do not provide it.
Trexxers.com retains the right to remove content and limit users' access
Trexxers.com does not generally edit or monitor content posted by participants in its Blogs and Wikis. However, trexxers.com retains the right, at its sole discretion, to limit users' access to the Blogs and Wikis and to remove material that, in trexxers.com's sole judgment, does not comply with the current Guidelines, or that is otherwise inappropriate for these Blogs and Wikis, harmful, objectionable, or inaccurate. Trexxers.com also retains the right to assign such right to some members of the Blog and Wiki community. Such individuals may take any action they deem necessary in their own judgment to support the Guidelines, and, in general, that can detract from the experience of other users or the purpose of the Blog and Wiki community. Such actions may include editing or deleting material and banning individual users. Trexxers,com is not responsible for any failure or delay in removing such material.
