| Disclaimer of Warranties and
Liability
The Web sites include facts, views, opinions and recommendations
of individuals and organizations that we have deemed may be of interest
to you. However, we do not guarantee the accuracy, completeness
or timeliness of, or otherwise endorse the views, opinions or recommendations
of others.
Acceptance of Terms of Service
Please read these Terms of Use ("Terms") carefully before
accessing or using this Web site ("Site"). By accessing
or using the Site, you agree to be bound, without limitation or
qualification, by the Terms. If you do not accept any of the Terms
stated here, do not use the Site. Volckening may, in its sole discretion,
modify or revise these Terms at any time by updating this web page.
You are bound by any such modification or revision and should therefore
visit this page periodically to review the Terms. In addition, your
use of the Site is subject to the additional disclaimers and caveats
that may appear throughout the Site. You may also wish to review
the Volckening Privacy Policy before using this Site.
Acceptable Site Use
The Site may be used only for lawful purposes by individuals seeking
information about Volckening, to use the Volckening Service or to
register to the services offered on the Site. Volckening specifically
prohibits any use of the Site, and you agree not to use the Site,
for any specific prohibited use or to violate the Site security,
as explained below.
You agree not to use the Site to:
- Operate any device, software or routine to interfere or attempt
to interfere with the proper working of the Site or any activity
being conducted on the Site;
- Commence any action which imposes an unreasonable or disproportionately
large load on the Site's infrastructure;
- Interfere with or disrupt the Site or servers or networks connected
to the Site, or disobey any requirements, procedures, policies
or regulations of networks connected to the Site;
- Access the Site by any means other than through the interface
that is provided by Volckening for use in accessing the Site;
- Intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
- If you have a password allowing access to a non-public area
of the Site, disclose or share your password with, any third parties
or use your password for any unauthorized purpose;
- Use or attempt to use any engine, software, tool, agent or other
device or mechanism (including without limitation browsers, spiders,
robots, avatars or intelligent agents) to navigate or search the
Site other than the navigation engine and search agents available
from Volckening on the Site and other than generally available
third party web browsers (e.g., Microsoft Explorer, NeoPlanet,
Netscape Navigator);
- Engage in the practices of "screen scraping" or "database
scraping" to obtain lists of facts, URLs, users, registrants,
or other information;
- Attempt to decipher, decompile, disassemble or reverse the engineering
of any of the software comprising or in any way making up a part
of the Site;
- Frame Site content in another web page;
- Collect or store personal data about other users of the Site;
- Except as expressly provided elsewhere on the Site, reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Site, use of the Site, or access to the Site.
Please refer to the sections of this Privacy Policy that
apply to you, whether as a Registrant or a Guest.
Web site Security
You agree not to violate the security of the Site, including, without
limitation, (a) accessing data not intended for you or logging into
a server or account which the user is not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without
proper authorization, (c) attempting to interfere with service to
any user, host or network, including, without limitation, via means
of submitting a virus to the Site, overloading, "flooding",
"spamming", "mailbombing" or "crashing",
(d) sending unsolicited e-mail, including promotions and/or advertising
of products or services, to any email address listed on the Site,
or (e) forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting. You agree and acknowledge
that violations of the Site's security may result in civil or criminal
liability, and that Volckening will investigate any possible violation
of the Sites' security and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in
such violations.
Registrant Accounts, Passwords,
and Security
Certain areas of the Site are accessible only to registrants of
Volckening. If you are such a registrant, you will receive a password
and account designation upon completing the Site's registration
process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities
that occur under your password or account, whether or not authorized
by you. You agree to (a) immediately notify Volckening of any unauthorized
use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each
session. Volckening cannot and will not be liable for any loss or
damage arising from your failure to comply with these terms.
Links to Third-Party Sites
The Site and the Volckening Service provide links to other Internet
sites or resources. Because Volckening has no control over such
sites and resources, you acknowledge and agree that Volckening is
not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that Volckening
shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services available
on or through any such site or resource.
Dealings with Advertisers
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Site, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree
that Volckening shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Site,
including claims for violation of privacy.
Indemnity
You agree to indemnify and hold Volckening, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
your use of the Site or your breach of these Terms, or your violation
of any rights of another.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. VOLCKENING
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- VOLCKENING MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR
REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS OR SERVICES PURCHASED OR OTHERWISE OBTAINED BY
YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY
ERRORS IN ANY SOFTWARE USED ON THE SITE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS ROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM VOLCKENING OR THROUGH OR FROM THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VOLCKENING SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF VOLCKENING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE
OR ANY OTHER MATTER RELATING TO THE SITE.
Modifications to Site
Volckening reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Site (or
any part thereof) with or without notice. You agree that Volckening
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Site.
Volckening Copyright Information
Copyright © 2003 - Volckening, Inc. All rights reserved.
Volckening respects the intellectual property
of others and we ask our Site users to do the same. If you believe
that your work has been copied and posted on the Site in a way that
constitutes copyright infringement, please provide Volckening's
Copyright Agent with a Notice of claim of copyright infringement
containing the following information:
- an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been
infringed;
- a description of where the material that you claim is infringing
is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
- a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's
behalf.
Volckening’s Copyright Agent
for Notice of claims of copyright infringement on the Site is:
Volckening, Inc.
6700 THIRD AVENUE
BROOKLYN, NY 11220-5296
General Information
These Terms supercede any prior agreements between you and Volckening
concerning your use of the Site, except any applicable registration
or affiliate or other similar agreement you have entered into with
Volckening, which will continue in full force in effect by its own
terms. The Terms and the relationship between you and Volckening
shall be governed by the laws of the State of Minnesota without
regard to its conflict of law provisions. You and Volckening agree
to submit to the personal and exclusive jurisdiction of the state
courts located within Dakota County, Minnesota or federal courts
in the Eighth Circuit in Minnesota. The failure of Volckening to
exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any provision
of the Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of
the Site or the Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have
no legal or contractual effect.
Violations of the Terms
Please report any violations of these Terms to:
Volckening, Inc.
6700 THIRD AVENUE
BROOKLYN, NY 11220-5296
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