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Revision
Date: February 2008
Welcome
to our website,
http://www.interactivedevelopment.net (the "Site"). These terms of use
("Site Terms") apply to your access to and use of our Site, and each of
the web pages on the Site, so please read them carefully. BY ACCESSING,
BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES
INCORPORATED BY REFERENCE. Interactive Development LLC reserves the
right to change or modify any of the terms and conditions contained in
these Site Terms or any policy or guideline incorporated by reference
at any time and from time to time in our sole discretion, and to
determine whether and when any such changes apply to both existing or
future customers. If the Site Terms are changed, we will post the new
terms on the Site and change the version number and date posted above
accordingly. Interactive Development LLC will post a notice of such
change or modification to these Site Terms on the Site for thirty (30)
days. Any change or modification will be effective upon posting of the
revisions on the Site. IF YOU DO NOT AGREE TO THE TERMS OF ANY
REVISION, DO NOT CONTINUE TO USE THE SITE. Your continued access to
and/or use of the Site following Interactive Development LLC's posting
of any change or modification will constitute your acceptance of such
change or modification.
Privacy
Policy
Interactive
Development LLC believes strongly in
protecting user privacy and providing you notice of Interactive
Development LLC's information-collection and use practices. Therefore,
Interactive Development LLC has adopted a Privacy Policy that you
should refer to in order to fully understand how Interactive
Development LLC uses and collects information.
Copyright
All copyrighted and
copyrightable materials on this
Site, including, without limitation, the Interactive Development LLC
logo(s), design, text, graphics, button icons, pictures and other
files, and the selection and arrangement thereof ("Materials"), are ALL
RIGHTS RESERVED Copyright © 2001-2004 Interactive Development
LLC.com
and/or its licensors. Except as expressly stated herein, none of the
Materials may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior express
written permission of Interactive Development LLC or the respective
copyright owner. Permission is granted to display, copy, and download
the Materials on this Site only for the licensed uses set forth above;
provided that, in connection with any such use, you may not, without
the prior express written permission of Interactive Development LLC or
the respective copyright owner, (a) copy, publish, or post any
Materials on any computer network or broadcast or publications media,
(b) modify the Materials, or (c) remove or alter any copyright or other
proprietary notices contained in the Materials. This permission
terminates automatically if you breach any of these terms or
conditions. Upon termination, you must immediately destroy any
downloaded or printed Materials.
Trademarks
and Service Marks
Interactive
Development LLC, the Interactive
Development LLC logo, and the products and/or services described in
this Site, including without limitation Interactive Development LLC,
Interactive Development LLC.com, are either trademarks or service marks
of Interactive Development LLC and/or its licensors, and may not be
copied, imitated or used, in whole or in part, without the prior
written permission of Interactive Development LLC or the licensor owner
of such marks. In addition, all page headers, custom graphics, button
icons, and scripts are service marks, trademarks, and/or the trade
dress of Interactive Development LLC, and may not be copied, imitated,
or used, in whole or in part, without the prior express written
permission of Interactive Development LLC. All other trademarks,
registered trademarks, product names and Interactive Development LLC
names or logos mentioned on the Site are the property of their
respective owners. Any rights not expressly granted herein are reserved.
Linking
Third-Party Links.
Interactive Development LLC
makes no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature or reliability of
sites accessible by hyperlink from this Site, or of sites linking to
this Site. The linked sites are not under the control of Interactive
Development LLC and Interactive Development LLC is not responsible for
the content of any linked site or any link contained in a linked site,
or any review, changes or updates to such sites. Interactive
Development LLC is providing these links to you only as a convenience,
and the inclusion of any link does not imply affiliation, endorsement,
or adoption by Interactive Development LLC of the linked site, any
information contained therein, or any products referred to or
distributed therein. When leaving the Interactive Development LLC Site,
you should be aware that Interactive Development LLC's terms and
policies no longer govern, and, therefore, you should review the
applicable terms and policies, including privacy and data gathering
practices, of the sites you visit.
Framing/Metatags
You may
not use, frame or utilize framing techniques to enclose any Interactive
Development LLC trademark, logo or other proprietary information
(including the images found at this Site, the content of any text or
the layout/design of any page or form contained on a page) without
Interactive Development LLC's prior express written consent. Further,
you may not use any metatags or any other "hidden text" utilizing an
Interactive Development LLC name, trademark, or product name without
Interactive Development LLC's prior express written consent.
Submissions
You agree that any
communications to Interactive
Development LLC are non-confidential (subject to Interactive
Development LLC's Privacy Policy) and shall become the sole property of
Interactive Development LLC. Interactive Development LLC shall own
exclusive rights, including all intellectual property rights, in, and
shall be entitled to the unrestricted use of, these materials for any
purpose, commercial or otherwise, without acknowledgment or
compensation to you. The submission of any materials to Interactive
Development LLC irrevocably waives any and all "moral rights" in such
materials, including the rights of paternity and integrity.
Information
About Us
Forward-Looking
Statements. This Site, and any
documents issued by Interactive Development LLC and available through
this Site, may contain statements which constitute forward-looking
statements within the meaning of the U.S. Private Securities Litigation
Reform Act of 1995. Those statements can be identified by the use of
words such as "believe," "expect," "plan," "may," "will," "should,"
"anticipate" or similar statements or the negative of these words.
Forward-looking statements include statements made as to future
operations, costs, capital expenditures, cash flow, improvements in
infrastructure, distribution and replenishment systems and operating
efficiencies, sales and earnings estimates or trends and expansion
plans and projections. These forward-looking statements are based on
our current expectations. Known and unknown internal and external risks
and uncertainties may cause the actual results to be materially
different from those expressed in or implied by the forward-looking
statements. Interactive Development LLC undertakes no obligation to
update forward-looking statements to reflect events or circumstances
that occur after the date the statements were made.
Press
Releases.
The information
contained within press releases
issued by Interactive Development LLC should not be deemed accurate or
current except as of the date the release was posted. Interactive
Development LLC has no intention of updating, and specifically
disclaims any duty to update the information in the press releases. To
the extent any information therein is forward-looking, it is intended
to fit within all safe harbors applicable to forward-looking
statements, and is subject to material risk.
Disclaimers
"AS IS" BASIS. THE
SITE AND THE MATERIALS CONTAINED
THEREIN ARE PROVIDED ON AN "AS IS," AS AVAILABLE BASIS AND Interactive
Development LLC MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO THE OPERATION OF
THIS SITE OR OTHER LINKED-TO SITES, OR THE INFORMATION, CONTENT,
MATERIALS, PRODUCTS OR SERVICES INCLUDED IN THIS SITE OR ACCESSED
THROUGH THE SITE. NO STATEMENT BY Interactive Development LLC,
REGARDLESS OF FORM, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND ALL CONTENT AND
MATERIALS ACCESSED FROM OR THROUGH THE SITE IS AT YOUR SOLE RISK.
WARRANTY
DISCLAIMER.
Interactive
Development LLC DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT AS TO THE SITE AND ALL INFORMATION, MATERIALS,
CONTENT, SERVICES AND PRODUCTS ACCESSED THROUGH THE SITE. Interactive
Development LLC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS
SITE ARE ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT THE SITE OR CONTENT
WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
WHILE Interactive Development LLC ATTEMPTS TO ENSURE YOUR ACCESS TO AND
USE OF THE SITE IS SAFE, Interactive Development LLC CANNOT AND DOES
NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE SECURE, OR
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation
of Liability
IN NO EVENT SHALL
Interactive Development LLC BE
LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR
ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF
USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN
CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE
MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. IN NO EVENT
SHALL THE AGGREGATE LIABILITY OF Interactive Development LLC (WHETHER
IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE,
PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER
THEORY) ARISING OUT OF OR RELATING TO THE USE OF Interactive
Development LLC's SITE EXCEED $50.00 OR THE COMPENSATION YOU HAVE PAID
Interactive Development LLC IN THE LAST THREE (3) MONTHS, WHICHEVER IS
LESS. Certain laws do not allow limitations on implied warranties, or
the exclusion or limitation of certain damages. If these laws apply,
some or all of the above disclaimers, exclusions, or limitations, may
not apply to you, and you may have additional rights to those contained
herein.
Applicable Law and Venue
These
terms and conditions shall be governed by and construed in accordance
with the laws of the State of Michigan applicable to agreements made
and entirely to be performed within the State of Michigan, without
resort to its conflict of law provisions. You agree that any action at
law or in equity arising out of or relating to these terms and
conditions shall be filed only in state or federal court located in
Michigan, and you hereby irrevocably and unconditionally consent and
submit to the exclusive jurisdiction of such courts over any suit,
action or proceeding arising out of these terms and conditions.
Termination
Notwithstanding any
of these terms and conditions,
Interactive Development LLC reserves the right, without notice and in
its sole discretion, to terminate your license to use the Site, and to
block or prevent future access to and use of the Site and the Services.
Should you object to any terms and conditions of the Site or become
dissatisfied with the Service in any way, your only recourse is to
immediately discontinue your use of the Service.
Severability
If any provision of
these Site Terms shall be
deemed unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and conditions and
shall not affect the validity and enforceability of any remaining
provisions.
Enforcement
Any unauthorized use
of this Site will terminate
the permission and license granted by these Site Terms and may violate
applicable law, including copyright laws, trademark (including trade
dress) laws, and communications regulations and statutes. All violators
may be prosecuted to the fullest extent of the law.
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