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EnduringLegacies.com Terms of Service

This site (the "Site") is intended for your personal entertainment, information, education and communication.  Please feel free to browse the Site; however, your access and use of the Site is subject to the following terms of service ("Terms of Service") and all applicable laws.  By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service.  Please note that this Site and the services offered are only open to users 18 years of age or older.  If you do not agree with all of the following Terms of Service, please do not use this Site. 

Telthorst & Associates, LLC ("Telthorst & Associates") reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  Changes and/or modifications shall become effective immediately upon the posting.  Please review these Terms of Service periodically.  Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of these Terms of Service.

USE OF MATERIALS CONTAINED ON THIS SITE

The Site contains material that is derived in whole or in part from material supplied by Telthorst & Associates and other sources, and is protected by U.S. and international copyright and trademark laws.  No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices.  Modification of the Materials or use of the Materials for any other purpose is a violation of Telthorst & Associates' or such other sources' copyright, trademark and other proprietary rights.  The use of any such Materials on any other web site or networked computer environment without Telthorst & Associates' express written consent is prohibited.

CREATIVE SUBMISSIONS/COMMUNICATIONS 

Telthorst & Associates does not accept or consider creative ideas, suggestions or materials other than those Telthorst & Associates has specifically requested.  This is to avoid the possibility of future misunderstandings when projects developed by Telthorst & Associates staff might seem to others to be similar to their own creative ideas, suggestions or materials.

If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications incluing any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Telthorst & Associates.  None of the Information shall be subject to any obligation of confidence on the part of Telthorst & Associates and Telthorst & Associates shall not be liable for any use or disclosure of any Information.  Telthorst & Associates shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information. 

BULLETIN BOARDS, CHAT ROOMS, POSTINGS

The Site may include bulletin boards, chat rooms and other areas where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively "Bulletin Boards").

Telthorst & Associates does not control the material delivered to Bulletin Boards, and Telthorst & Associates has no obligation to monitor such Bulletin Boards.  The messages do not necessarily reflect the views of Telthorst & Associates. In no event shall Telthorst & Associates assume or have any responsibility or liability for any materials posted on Bulletin Boards or for any claims, damages or losses resulting from their use and/or appearance on this Site.  Telthorst & Associates reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Bulletin Boards) as necessary to satisfy any law, regulation or governmental request.  In addition, Telthorst & Associates reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in Telthorst & Associates' sole discretion are objectionable or in violation of these Terms of Service.

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting Telthorst & Associates a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

  • Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication

  • Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

RULES OF CONDUCT

It is a condition of your use of the Bulletin Boards and this Site that you do not:
  • Use any Bulletin Boards for any illegal purposes (or to solicit any illegal act);

  • Restrict or inhibit any other user from using and enjoying the Bulletin Boards;

  • Post or transmit anunlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;

  • Post any message that solicits gambling or engage in any gambling activity;

  • Transmit or upload any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

  • Transmit or upload any information, software or other material which contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;

  • Post any defamatory, libelous, hateful, or harassing messages, information or material;

  • Post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing;

  • Use the Services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or "spamming" or in connection with contests, surveys or pyramid schemes;

  • Try to gain unauthorized access to the Services, other users' accounts, or computers connected to the Services though password mining or other means;

  • Interfere with another user's use and enjoyment of the Services or any other individual's user and enjoyment of similar services;
HYPERLINKS TO THIRD PARTY SITES

The appearance of external hyperlinks does not constitute endorsement by Telthorst & Assoicates of the opinions or views expressed by these linked websites and Telthorst & Associates does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites.  Furthermore, Telthorst & Associates is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites.  As such, Telthorst & Associates will not be resonsible for any errors or omissions or for the results obtained from the use of such information contained in these sites.  To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall Telthorst & Associates assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites.  Finally, Telthorst & Associates will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.

TERMINATION OF THE SERVICES

Telthorst & Associates may terminate the Site or any services included on or through the Site at any time with or without cause or notice.  Telthorst & Associates shall not be liable any party for such termination.

If you object to any of the Terms of Service contained herein, you may discontinue use of the Site or services.

SHOPPING 

TELTHORST & ASSOCIATES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD BY TELTHORST & BIPES ON THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  You agree that Telthorst & Associates' sole and exclusive maximum liability arising from any product sold by Telthorst & Associates on the Site shall be the price of the product ordered.

IN NO EVENT SHALL TELTHORST & ASSOCIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF IT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD ON OR THROUGH THIS SITE.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, Telthorst & Associates shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.  Telthorst & Associates shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is canceled, Telthorst & Associates will issue a credit to your credit card account in the amount of the charge.

Your receipt of an electronic or other form of order confirmation does not signify Telthorst & Associates' acceptance of your order, nor does it constitute confirmation of Telthorst & Associates' offer to sell.  Telthorst & Associates reserves the right at any time after receipt of your order to accept or decline your order for any reason.  Telthorst & Associates reserves the right at any tme after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.  All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment.  Telthorst & Associates may require additional verifications or information before accepting any order.  Telthorst & Associates may automatically charge and withhold the applicable sales tax for orders.  Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.

All requests for service and support should be made directly to the manufacturer in accordance with their terms and conditions.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, Telthorst & Associatees and its respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you.  Telthorst & Associates reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Telthorst & Associates in asserting any available defenses.

LIMITATION OF LIABILITY/DISCLAIMER

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER TELTHORST & ASSOCIATES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE.  WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

You specifically acknowledge and agree that Telthorst & Associates is not liable for any defamatory, offensive or illegal conduct of any user.

Telthorst & Associates also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any Bulletin Board) or your downloading of any Materials from the Site.

Telthorst & Associates does not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

MISCELLANEOUS

This site is intended exclusively for residents of the United States.

Telthorst & Associates makes no representation that materials on this Site are appropriate or available for use in any particular location.  Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Software from this Site is further subject to United States export controls.  No software from this site may be downloaded or otherwise exported to reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
 
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Kansas and the laws of the United States, without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Shawnee County, Kansas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 

These Terms of Service contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally.  If any provision of these Terms of Service are found to be illegal or unenforceable, these Terms of Service will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
Copyright © 2006 by Telthorst & Associates, LLC All Rights Reserved.
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