terms of use


AL DODSON WEBSITE TERMS AND CONDITIONS OF USE Last Updated: April 2007

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE. These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Al Dodson, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Al Dodson for violations of these Site Terms.

Privacy Policy Al Dodson is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

Ownership of the Site and its Contents This Site is owned by Al Dodson. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Al Dodson Content"), is owned by Al Dodson, its licensors, or its third-party image partners. All elements of the Site, including the Al Dodson Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Use of the Site This Site and the Al Dodson Content are intended for customers of Al Dodson. You may not use this Site or the Al Dodson Content for any purpose not related to your business with Al Dodson. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Al Dodson Content without, or in violation of, a written license or agreement with Al Dodson; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Al Dodson Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Al Dodson product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the Al Dodson Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

Copyright Infringement Policy In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Al Dodson has adopted a policy of terminating, in appropriate circumstances and at Al Dodson' sole discretion, account holders who infringe the intellectual property rights of Al Dodson or any third party.

E-mail: copyright@aldodson.com We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.

Trademarks Al Dodson Trademarks, the Al Dodson logo, and any other product or service name or slogan contained in the Site are trademarks of Al Dodson and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Al Dodson or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Al Dodson" or any other name, trademark or product or service name of Al Dodson without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Al Dodson and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links You may not use a Al Dodson logo or other proprietary graphic of Al Dodson to link to this Site without the express written permission of Al Dodson. Further, you may not frame any Al Dodson trademark, logo or other proprietary information, including the Al Dodson Content, without Al Dodson' express written consent. Al Dodson makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Al Dodson and Al Dodson is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Al Dodson provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Al Dodson of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the 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 third party. You agree that Al Dodson shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Registration Data and Account Security In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Al Dodson immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company. Site. Users visit these websites and use the information contained therein at their own risk.

Indemnification You agree to defend, indemnify and hold harmless Al Dodson, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Al Dodson Content, or your violation of any rights of another.

Disclaimer THIS SITE AND THE AL DODSON CONTENT ARE PROVIDED "AS IS" AND AL DODSON AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. AL DODSON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE AL DODSON CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT AL DODSON, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE AL DODSON CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE AL DODSON CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Al Dodson uses reasonable efforts to ensure the accuracy, correctness and reliability of the Al Dodson Content, but we make no representations or warranties as to the Al Dodson Content's accuracy, correctness or reliability. Al Dodson offers a search feature within the Site. Al Dodson explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Al Dodson also disclaims any responsibility for the completeness or accuracy of any directory or search result. Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability IN NO EVENT SHALL AL DODSON, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS 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 THE SITE, THE SERVICES, THE AL DODSON CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM AL DODSON, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AL DODSON' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AL DODSON, 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 THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO AL DODSON FOR ACCESS TO OR USE OF THE SITE.

Applicable Law and Venue Any dispute relating in any way to your use of the Site or the Al Dodson Content shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate Al Dodson' intellectual property rights, Al Dodson may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.

Termination Notwithstanding any of these Site Terms, Al Dodson reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

Miscellaneous Provisions Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Al Dodson. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes to Site Terms Al Dodson reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

Questions and Contact Information Questions or comments about the Site or Site Terms may be directed to al dodson at info@aldodson.com.



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