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ACCEPTANCE OF CONTRACT TERMS This User Agreement (this "Agreement") is a legal agreement between you and Henderson Communications LLC. BY ACCESSING, BROWSING AND/OR USING THIS Henderson Communications LLC SITE ("SITE"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. If you do not agree to the terms of this Agreement, do not use this Site. Any claim relating to the Site, and the use of this Site and the materials contained herein, are governed by the laws of the State of Missouri. THIS AGREEMENT MAY CHANGE Henderson Communications LLC reserves the right to update or amend this Agreement at any time. The amended Agreement shall automatically be effective five (5) days after it is posted on the Site. Your continued use of the Site after the effective date of any amended Agreement constitutes your acceptance of the modified Agreement. For this reason, we encourage you to review this Agreement whenever you use this Site. This Agreement was last revised on October 12, 2005. COPYRIGHT NOTICE AND LIMITED LICENSE Everything you see and hear on this web site (the "Content"), including, for example, all of the text, photographs, maps, charts, illustrations, graphics, audio clips, video clips, audio-video clips, and the Submissions (as defined below) is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by Henderson Communications LLC or by one of its affiliates, or by third parties who have licensed their materials to Henderson Communications LLC. The Content of this Site is copyrighted as a collective work under United States law and applicable international copyright laws and treaties, and Henderson Communications LLC owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this Site, provided you: (i) only use the Content you download for your personal, noncommercial use or to further your business dealings with Henderson Communications LLC; (ii) you do not publish or post any part of the Content on any other Internet site; (iii) you do not publish or broadcast any part of the Content in or on any other media; (iv) you do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality. This permission terminates automatically if you breach any of the terms or conditions of this Agreement. Upon termination, you agree to immediately destroy all copies of any downloaded or printed Content in your possession. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of this Site without first obtaining Henderson Communications LLC's written permission. Except as expressly stated above, no right, title or interest in the downloaded Content is transferred to you when you download Content from this Site. Except for the limited, non-exclusive license expressly granted above, nothing contained in this Agreement or on this Site shall be construed as conferring a license, be it by implication, estoppel or otherwise, or any other right under any copyright, trademark, patent, or other intellectual property right of Henderson Communications LLC or any third party. TRADEMARKS The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Henderson Communications LLC and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. The name of Henderson Communications LLC or the Henderson Communications LLC logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Henderson Communications LLC's written permission. YOUR SUBMISSIONS Any comments, information, content, or ideas you transmit or otherwise send to this Site (the "Submissions") shall conform to this Agreement and will be considered non-confidential and non-proprietary. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork. You automatically grant, or warrant that the owner of each Submission has granted, to Henderson Communications LLC and its affiliates a worldwide, royalty-free, perpetual, irrevocable, right and license to make, sell, use, reproduce, publish, create derivative works of, perform, display, distribute, import and transmit such Submissions and products incorporating such Submissions (in whole or in part) in any form, media or technology now known or later developed for the full term of any intellectual property rights that may exist in such Submissions for any purpose whatsoever. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane Submissions, or any other Submissions that could give rise to any civil or criminal liability under the law. Any opinions, advice, statements, services, offers, or other information in Submissions expressed or made available by users of this Site are those of the respective author(s) or distributor(s) and not of Henderson Communications LLC. Henderson Communications LLC neither endorses nor guarantees the accuracy, completeness, or usefulness of any such Submissions. Violation of the terms of this Agreement may result in the removal of Submissions submitted by you to this Site, in addition to any other remedies which may be available to Henderson Communications LLC hereunder. THIRD-PARTY INFORMATION Some of the information, articles and other materials available through this Site are provided to Henderson Communications LLC by third-parties, including third-party news, weather, and crop information services. These third-party materials are provided for your interest and convenience only. Henderson Communications LLC does not endorse these materials or the vendors thereof. LINKS TO OTHER SITES This site contains hyperlinks to web sites that are not operated by Henderson Communications LLC. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party web sites or any association with their operators. Henderson Communications LLC does not control these web sites and is not responsible for their contents. You access and use these web sites solely at your own risk. PROHIBITED USES You agree not to use your access privileges in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Site to invade the privacy of third parties, impersonation of Henderson Communications LLC personnel or other parties or entities, transmitting abusive, profane, libelous, slanderous, threatening or otherwise harassing material via e-mail, forums or chat services bulletin boards. You also agree not to use the Site to (i) solicit other members to patronize services; (ii) violate the security of the Site, or (iii) attempt to utilize another user's account name or persona without written authorization from that user. You agree not to use your access privileges to facilitate the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients (commonly called "spamming"). You agree not to send unsolicited mass mailings from another service which in any way implicates the use of the Site, Henderson Communications LLC equipment or any Henderson Communications LLC electronic mail address. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages. You agree not to post messages anywhere on the Site under a false name or anonymously or which is hateful, abusive or threatening, and not to transmit any data or files containing viruses, worms or other harmful code to the Site or through any communication service provided by the Site. For each violation by you of this provision, you agree to pay Henderson Communications LLC damages to compensate for the lost goodwill such a violation causes. Where warranted, such as in the case of an accidental transmission, Henderson Communications LLC may waive all or part of any applicable charge. Payment by you under this provision shall not prevent Henderson Communications LLC from seeking to obtain other legal remedies against you, including other damages or an injunction. RIGHT TO ALTER OR TERMINATE SITE HENDERSON COMMUNICATIONS LLC RESERVES THE RIGHT TO ALTER THE CONTENT AND FUNCTIONALITY OF THIS SITE IN ANY WAY, OR TO LIMIT ACCESS TO THIS SITE IN ANY MANNER, OR TO SHUT DOWN THIS SITE, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES, LIMITATIONS AND/OR SHUT DOWNS. DISCLAIMER OF WARRANTIES THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, HENDERSON COMMUNICATIONS LLC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HENDERSON COMMUNICATIONS LLC DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. HENDERSON COMMUNICATIONS LLC DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE ARE FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. CONTENT PUBLISHED ON THIS SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. HENDERSON COMMUNICATIONS LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY, COMPLETENESS OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS SITE OR ANY CONTENT PUBLISHED ON THIS SITE. LIMITATION OF LIABILITY YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL HENDERSON COMMUNICATIONS LLC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS OR OTHER THIRD PARTIES MENTIONED ON OR IN THE SITE BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF OR INABILITY TO USE THIS SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE. WITHOUT LIMITING THE FOREGOING, HENDERSON COMMUNICATIONS LLC SHALL NOT BE LIABLE IN ANY WAY FOR POSSIBLE ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF HENDERSON COMMUNICATIONS LLC OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HENDERSON COMMUNICATIONS LLC AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS. INDEMNIFICATION You agree to defend, indemnify and hold harmless Henderson Communications LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims, liabilities, penalties, settlements, judgments, fees (including, but not limited to, reasonable attorneys' fees) arising from (i) any Submissions that you may submit, post or transmit to the Site (including, but not limited to, damages resulting from any infringement of copyrights, trade secrets or other rights of others); (ii) your use of the Site or the goods or services sold or purchased by you through use of the Site; (iii) your violation of the terms of this Agreement; and (iv) any violation or failure by you to comply with all laws and regulations in connection with the sale or purchase of any goods or services offered for sale through the Site. USERS In cases where you have allowed any other individual to access this Site through your password or have negligently made your password publicly available, you recognize that you are fully responsible for: (i) the online conduct of such users; (ii) controlling the users' access to and use of this Site; and (iii) the consequences of any misuse. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between you and Henderson Communications LLC with respect to your access to and/or use of this Site. |
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