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9.10.2007

Tillamook Rage Disclaimer

PLEASE READ VERY CAREFULLY THESE TERMS OF USE BEFORE READING, COMMENTING ON, DOWNLOADING, COPYING, REPRODUCING, ALTERING MATERIALS OF ANY KIND, SUBSCRIBING TO, AND LINKING TO (COLLECTIVELY “USING”) THIS BLOG. USING THIS BLOG INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THIS BLOG.

Introduction. This agreement (”Agreement“) between You and Tillamook Rage (”the Author" or "Authors“) consists of these Tillamook Rage’s (the “the Blog“) Terms of Use (”Terms“). “You“, “Reader” or “Commenter” means any entity identified by its comments, e-mail, registration information or IP address. If You use this Blog on behalf of your employer, organization or company, they shall also be bound by the terms of this Agreement.

Privacy. When You leave a comment, the Authors are automatically notified and receive IP, WHOIS, and e-mail information pertaining to the Commenter. This information is not stored by the Authors for other purposes than to moderate comments. This information is not being sold or used for other purposes. If you have concerns with the way this information is used, please contact the Authors directly to arrange for complete removal of this information. Removal of all personal information will result in the removal of any content the Commenter might have contributed to this Blog, including comments. This Blog is hosted in the USA. Be aware that laws regarding personal information and privacy may differ from Your location.

Blog content. All the contents of the Blog, EXCEPT FOR COMMENTS, constitute the opinion of the Authors, and the Authors alone; they do not represent the views and opinions of the Authors' employers, supervisors, nor do they represent the view of organizations, businesses or institutions the Authors are a part of. The Authors are not information technology professionals, and you should never substitute information from this Blog for information obtained from a licensed/certified information technology professional; always consult a professional before applying any of the information represented here. This Blog is entirely written in English. The content of this Blog is not intended to cause harm, but if You have any concerns about the contents of this Blog, please contact the Authors. Disagreeing with the content of the Blog does not constitute sufficient ground for You to ask the Authors to remove or modify any parts of this Blog. The Authors are not being paid to write content on this Blog or to manage and in any way operate this Blog.

Copyright policy. All the text, images and other content being part of this Blog is property of the Authors, unless noted otherwise. All logos and trademarks are property of their respective owners. You are not allowed to reproduce, sell, or modify any part of this Blog. You are welcome to link to this blog, and to discuss its contents in a respectful manner. When You quote or link to this Blog, please include the Blog’s name in your link. You are not authorized to use this content for personal profit. UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. Whenever copyrighted material is mentioned or used, the Authors are doing so according to fair dealing practices. Use of material from this Blog according to fair dealing practices requires proper acknowledgment. Simply linking back to the Blog is not considered proper acknowledgment; please provide a link including the Author’s name, the name of the page you are linking, and a permanent link (”Permalink“) to that page.

Comment policy. The Authors are not responsible for the content of any comments made by the Commenter(s). The Authors are also not responsible for knowing whether the content of Your comment is breaking the law in other countries or jurisdictions. This Blog is a venue for discussion; therefore, the Authors will not delete critical comments, or comments portraying a different opinion from the Authors' own. However, the Authors reserve the right to edit, delete, or not publish a comment if this is deemed to be potentially illegal (this includes, but it is not limited to comments containing hateful, libelous, and defamatory content). All comments on this Blog have to be written in English. Please do not endanger Yourself or break the law when you comment. Comments intending to advertise and/or distribute off-topic (”SPAM“) will be deleted. The Authors also reserve the right to block Commenter(s) who have previously published offensive comments, illegal content, or SPAM.

Forbidden actions. You are not authorized to (i) use this Blog to advertise for products of any kind and for other Blogs, (ii) to infringe the Copyright policy and Comment policy of this Blog, (iii) to attack this Blog using malicious software and/or use this Blog for data mining (iv) to commit any illegal actions while using the Blog, or against this Blog, (v) to restrict access to this Blog, (vi) to impede the normal functioning of this Blog and (vii) to menace the Authors with, or cause physical or financial harm to, the Authors of this Blog.

Changes to the Terms. The Authors reserve the right to change these Terms at any time. You will only be notified by the Blog through posts or syndicated content (RSS), NOT IN PERSON. It is Your responsibility to make sure that you agree with the new Terms, whenever changes have been announced. Changes to the Terms will be effective 48 hours after the notice has been posted on the Blog. If You do not agree with the Terms, DO NOT USE THIS BLOG.

No Guarantee. The Authors make no guarantee regarding the validity of the content of the Blog. In addition, the Authors do not guarantee that the Blog will be accessible at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond the Authors' control such as strikes, riots, fires, floods, explosions, war, terrorism, governmental action, labor conditions, natural and/or man-made disasters, or interruptions in Internet services to an area where the Authors' or Your servers are located. Although the Authors will try to moderate comments quickly, the Authors make no guarantee to the Commenter that their comments or trackbacks will be displayed promptly, without modifications, or that they will be displayed at all, as all comments will be published to the discretion of the Authors.

No Warranty or Condition; Links. The Authors make NO WARRANTY OF ANY KIND. If you choose to access the Blog, you do so AT YOUR OWN RISK. To the extent links and external content are based on or displayed in connection with the Blog, THE AUTHORS SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH LINKS AND SEARCH RESULTS, whether this external content is breaking the law in this or other jurisdictions. YOU AGREE TO USE THE BLOG AT YOUR OWN RISK, and that You will not consider the Blog’s content to be a suitable substitute for professional advice.

Limitations of Liability. IN NO EVENT SHALL THE AUTHORS BE LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OR LOSSES, AND THE AUTHORS' LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE GROSS MONTHLY AMOUNT PAID BY THE AUTHORS FOR HOSTING SERVICES DURING THE ONE MONTH PERIOD IMMEDIATELY FOLLOWING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential part of the Agreement. Without limiting the foregoing, the Authors shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of the Authors, including but not limited to governmental action, labor conditions, power failures, natural and/or man-made disasters. The Authors are not liable for the content of any comments the Commenter might leave on this Blog (see Comment policy).

Obligation to Indemnify. You agree to indemnify, defend and hold the Authors, their agents, and applicable third parties (collectively “Indemnified Person(s)“) blameless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees, brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Blog and/or Your breach of any term of this Agreement.

Applicable Laws; Venue. The Authors operate the Blog from the USA, and make no representations that materials in the Blog are appropriate or available for use in other locations. Access to the Blog from any location where the content is illegal is prohibited. Any claim related to the use of the Blog or to the Blog materials shall be governed by the laws of the USA. Any action related to the access, use, content, or existence of this Blog shall be filed only in the appropriate court located within the USA. The use of this Blog constitutes Your express permission and consent to the jurisdiction of the state and/or federal courts of the USA for purposes of such actions.

Legal notices and Contact information. If You are intending to carry out legal action of any kind against the Blog or the Authors, you are required to contact the Authors SEVEN BUSINESS DAYS before any legal claim is made. Please remember that the Authors mean to DO NO HARM to You or anyone else by writing this Blog. If You feel that your rights have been infringed, please contact the Authors, and allow seven business days for the reply to be received. The Authors will do whatever possible to address Your concerns.

This disclaimer was adapted from a document provided by Giovanna Di Sauro on the "Writing a blog disclaimer (part 2)" page here.

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