TERMS OF USE
THIS IS A LEGAL AGREEMENT. BY ACCESSING
THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND
AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS
TERMS.
GENERAL TERM AND CONDITIONS
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Parties.
The parties to this Agreement are you, a visitor to this
web site ("You"), and the owner and operator of this web
site: Geostar Publishing & Services LLC, a Registered US
Company ("Geostar"). All references to "us", "this web site"
or "this site" shall be construed to mean Geostar. If the
user is not an individual, then "You" means Your company,
its officers, members, agents, successors and assigns.
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Assent To Terms
of Use And Amendment. Geostar
grants a non-exclusive, non-transferable, and revocable
license to You and provides the services available at this
site to You subject to the following terms and conditions.
THESE TERMS AND CONDITIONS MAY BE AMENDED BY US FROM TIME
TO TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT
VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT THIS
SITE. IN ADDITION, WHEN USING PARTICULAR SERVICES IN THIS
SITE, GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE
TO YOUR USE OF THOSE SERVICES. YOUR USE OF THIS SITE AND
YOUR RELATIONSHIP WITH GEOSTAR ARE SUBJECT TO ALL GUIDELINES
OR RULES THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE,
WHICH ARE ALL INCORPORATED BY REFERENCE INTO THIS AGREEMENT.
BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY ALL
OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION
OF THE TERMS OF USE AGREEMENT AND ANY GUIDELINES AND RULES
POSTED ON THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY
THIS AGREEMENT, DO NOT USE THIS SITE
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Entire Agreement.
This Terms of Use Agreement will be expressly incorporated
by reference in each and every agreement between You and
Geostar, and except for any separate license agreement for
software and/or content, this terms of use agreement supersedes
any and all prior and existing agreements, whether oral
or in writing, between You and Geostar with respect to the
subjects addressed herein and constitutes the entire agreement
between the parties with respect to those subjects. Except
for any separate license agreement for software and/or content,
You acknowledge that neither Geostar nor anyone on Geostar's
behalf has made any representations, inducements, promises
or agreements, orally or otherwise, to You relating to the
subjects addressed by this terms of use agreement that are
not embodied herein
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Prohibited Conduct.
You agree (i) not to use this site to upload or distribute
in any way files that contain viruses, corrupted files,
or any other similar software or programs that may damage
the operation of another's computer; (ii) not to interfere
or disrupt this site or any networks connected to this site;
(iii) not to use any device, software or routine or attempt
to interfere with the proper functioning of this site or
any transactions being offered at this site; (iv) not to
take any action that imposes an unreasonable or disproportionately
large load on Geostar's infrastructure; (v) not to use this
site to collect or harvest personal information, including,
without limitation, financial information, about other participants
at this site; and (vi) not to impersonate any person or
entity or falsely state or otherwise misrepresent Your affiliation
with a person or entity. You agree not to use the services,
products, or downloads available at this site for illegal
purposes, and to comply with all regulations, policies and
procedures of networks connected to this site
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Compliance with
Laws. You shall comply
with all applicable laws and regulations of the US and foreign
authorities (including, but not limited to India trade restriction
laws, export laws or license requirements and laws regarding
the sale or transport of hazardous materials, and laws regarding
the transmission of technical data, including without limitation
encryption, exported from the US through the services available
at this site) relating to any service, product, or download
associated with this site
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Separate License
Agreement(s). You may
acquire software and/or content from Geostar by download
from this site, or otherwise directly from Geostar. You
agree that your use of such software and/or content shall
be strictly in accordance with the applicable license agreement(s)
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Registration
Data And Privacy. Registration
may be required for you to download from this site, or for
your participation in certain services offered at this site.
You must provide certain current, complete, and accurate
information about You as prompted to do so by the registration
form ("Registration Data"), and maintain and update such
registration information as required to keep such information
current, complete and accurate. You warrant that your Registration
Data is accurate and current, and that You are authorized
to provide such Registration Data. You authorize us to verify
your Registration Data at any time. If any Registration
Data that You provide is untrue, inaccurate, not current
or incomplete, Geostar retains the right, in its sole discretion,
to suspend or terminate rights to use the services. Registration
Data and certain other information about You is subject
to our Privacy Policy which may be accessed from the home
page of [link1], ... or any other web sites owned and operated
by Geostar Publishing . specifically designating this page
as their terms of use via a hyperlink attached to the word
'terms' or 'terms of use' or 'legal'. Solely to enable Geostar
to use information You supply us internally, so that we
are not violating any rights You might have in that information,
You grant to Geostar a nonexclusive license to (i) convert
such information into digital format such that it can be
read, utilized and displayed by Geostar's computers or any
other technology currently in existence or hereafter developed
capable of utilizing digital information, and (ii) combine
the information with other content provided by Geostar,
in each case by any method or means or in any medium whether
now known or hereafter devised.
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Registration
By Children Under The Age of 13 Is Not Permitted.
REGISTRATION IS NOT AVAILABLE TO CHILDREN UNDER THE AGE
OF 13. IF A USER UNDER THE AGE OF 13 ATTEMPTS TO REGISTER
WITH [link1], ... or any other web sites owned and operated
by Geostar Publishing. WE SHALL NOTIFY THE USER THAT HE
OR SHE IS NOT ELIGIBLE, AND WE SHALL NOT COLLECT OR USE
ANY PERSONAL INFORMATION FROM SUCH CHILD
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Posting of Digital
Files And/Or Communications. If
this web site should at any time provide any service which
enables visitors post digital files and/or to communicate
with or otherwise share information with other visitors
or persons providing any kind or service to visitors, You
agree not to submit, publish, display, disseminate, or otherwise
communicate any defamatory, inaccurate, abusive, threatening,
offensive, or illegal material while connected to or otherwise
directly or indirectly using this web site or other services
provided to You by the web site. Transmission of such material
or any material that violates any federal, state, or local
law in the US or anywhere else in the world, is strictly
prohibited and shall constitute a material breach of this
Agreement entitling this web site to immediately terminate
all rights to access to this web site. You are solely responsible
for all information which You submit, publish, display,
disseminate or otherwise communicate through this web site
even if a claim should arise after termination of service.
If this web site provides any such service described herein,
You agree that all messages and other communications by
You shall be deemed to be readily accessible to all other
visitors/subscribers who are authorized to access this web
site and You agree that all such messages and other communications
shall not be deemed to be private or secure. Regardless
of whether this web site provides any type of service described
herein, You agree that You have hereby been informed and
noticed that any and all messages and other communications
which You submit to this web site directly or through this
web site can be read by the operators and/or other agents
of this web site, whether or not they are the intended recipient(s).
You agree to be personally liable and fully defend and indemnify
this web site for any and all damages directly, indirectly
and/or consequentially resulting from your attempted or
actual sharing of information or communicating with others
through this web site alone, or with or under the authority
of, any other person(s), including, without limitation,
any governmental agency(ies), wherein such damages include,
without limitation, all direct and consequential damages
directly or indirectly resulting from sharing of information
or communicating with others through this web site including,
but not limited to, damages resulting from loss of revenue,
loss of property, fines, attorney's fees and costs, including,
without limitation, damages resulting from prosecution and/or
governmentally imposed seizure(s), forfeiture(s), and/or
injunction(s).
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Copyrights.
The copyright in all material provided on this site is owned
by Geostar or by Geostar's licensor(s). You acknowledge
and agree that this site contains proprietary information
that is protected by applicable intellectual property and
other laws. You further acknowledge and agree that information
presented to You through this site, including text, graphics,
logos, icons, images and software, and the arrangement and
compilation of such content, are the property of Geostar
or its content suppliers and is protected by copyrights,
trademarks, service marks, patents or other proprietary
rights and laws. Geostar does not grant any license or authorization
to any user of its copyrightable material or other intellectual
property, by placing them on this site. Furthermore, except
as stated herein, none of the material 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 written permission of Geostar
or the copyright owner. However, You may print a copy of
the information on this site for Your personal, non-commercial
internal use or records. In so doing, You may not modify
the materials and You agree to retain all copyright and
other proprietary notices contained in the materials. This
permission does not give You any ownership rights in the
information and terminates automatically if You breach any
of these terms or conditions. If You make any other use
of this site, except as otherwise provided herein, You may
violate copyright and other laws of the India, other countries,
as well as applicable state laws and may be subject to penalties.
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Copyright Infringement.
Geostar maintains specific
contact information including an e-mail address for notifications
of claimed infringement concerning materials. All correspondence
should be addressed to Geostar's agent for notice of claimed
infringement at the following address:
Notification of Claimed Infringement
Geostar Publishing & Services LLC,
6423, Woodbine Court,
St. Louis, Missouri,
63109, USA
jessica@allaboutmacaws.com
Telephone: 314-260-9978
You may contact Geostar
with complaints regarding allegedly infringing posted material
and Geostar will investigate those complaints. If the posted
material is believed in good faith by Geostar to violate
any applicable law, Geostar will remove or disable access
to any such material and Geostar will notify the posting
party that the material has been blocked or removed.
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Links. This
site may provide links to other Internet sites. Geostar
is not responsible for the availability of such other sites
and does not endorse and is not responsible or liable for
any content, products or other materials available on such
other sites. Links to external web sites do not constitute
an endorsement by Geostar of those sites or the sponsors
of such sites or the content, products, advertising or other
materials presented on such sites. Further, Geostar reserves
the right to terminate any link or linking program at any
time. Geostar does not author, edit, or monitor these unofficial
pages or links. You further acknowledge and agree that Geostar
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 information,
goods or services available on or through any such site.
If You decide to access any of the third party sites linked
to this site, You do this entirely at Your own risk.
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Participation
In Promotions Of Advertisers. You
may enter into correspondence with or participate in promotions
of advertisers promoting their products or services on this
site ("Advertisers"). You acknowledge and agree that any
such correspondence or participation, including the delivery
of and the payment for goods and services, and any other
terms, conditions, warranties or representations associated
with such correspondence or promotions, are solely between
You and Advertiser. [link1], ... or any other web sites
owned and operated by Geostar Publishing . specifically
designating this page as their terms of use via a hyperlink
attached to the word 'terms' or 'terms of use' or 'legal',
shall have no liability, obligation or responsibility whatsoever
arising out of or in connection with any such correspondence
or participation or transactions.
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Monitoring.
You acknowledge that Geostar or its designees reserves the
right to, and may from time to time, monitor any and all
activity or information transmitted or received through
this site. Geostar, in its sole discretion and without further
notice to You, may (but is not obligated to) review, censor
or prohibit any activity or the transmission or receipt
of any Information which Geostar deems inappropriate (such
as that specified in above) or that violates any term or
condition of this agreement. During monitoring, information
may be examined, recorded, copied, and used for authorized
purposes. Use of this site, authorized or unauthorized,
constitutes consent to such monitoring. Unauthorized uses
and unauthorized users of this site will be prosecuted to
the full extent of the law
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NO WARRANTIES.
THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND
EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT
FOR SOFTWARE OR CONTENT, ALL GOODS AND SERVICES OBTAINED
THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM
Geostar AND ITS INFORMATION PROVIDERS, Geostar AND ITS AFFILIATES
AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT,
THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE
ON THIS SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON
THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE
INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED
ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, EACH OF Geostar AND Geostar's AFFILIATES AND CONTENT
PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT.
WITHOUT LIMITING THE FOREGOING, NONE OF Geostar NOR Geostar'S
AFFILIATES OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT
(i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET
YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON
THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE
CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE,
ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM Geostar OR THROUGH THIS SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
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LIMITED LIABILITY.
Geostar AND ALL OF Geostar's AFFILIATES AND CONTENT PROVIDERS
AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT
BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA,
INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN
IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS
AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE,
THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT
OF THIRD-PARTY CLAIMS AGAINST YOU. 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 GOODS
OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST
BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF
ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF
YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY
SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE
TO Geostar, IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT
AT ISSUE
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Indemnity.
You shall indemnify, defend, and hold harmless Geostar and
its content providers and their respective shareholders,
affiliates, employees, agents, successors, officers, and
assigns, from any suits, losses, claims, demands, liabilities,
costs and expenses (including attorney and accounting fees)
that they may sustain or incur arising from (i) Your use
of the software available at or downloaded from this site,
(ii) Your failure to comply with any applicable laws and
regulations (including without limitation those regarding
the export of products or technology abroad) or to obtain
any licenses or approvals from the appropriate government
agencies necessary to purchase or sell the subject goods
and services, (iii) Your use of the content available on
this site in any way contrary to this agreement (d) Your
breach of any of Your representations, warranties or obligations
set forth in this agreement, (iv) the sale, purchase, transportation,
delivery, use or disposal of any Geostar service, product,
or download associated with this site or available through
other sites, or any loss suffered by or harm to any person
or property in any way relating to of caused in whole or
in part by Your use of this site or any service, product,
or download associated with this site (including, without
limitation, any personal injuries or death of any third
person caused in whole or in part by such products or services,
the use, transportation, delivery, storage, handling or
release thereof), and (v) any taxes attributable to the
relating to any service, product, or download associated
with this site.
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Beneficiaries
of this Agreement; No
Other Agreements. The rights and limitations in this agreement
are for the benefit of Geostar and each of Geostar's content
providers, each of which shall have the right to enforce
its rights hereunder directly and on its own behalf.
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Termination. You agree that Geostar may, at its sole discretion,
deny You access to the site and disable any user name and
password associated with You for any reason, including,
without limitation, if Geostar believes that You have violated
or acted inconsistently with the letter or spirit of this
agreement. Geostar reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently,
the services offered under this site (or any part thereof)
with or without notice. You agree that Geostar shall not
be liable to You or to any third party for any modification,
suspension or discontinuance of the services offered under
this site.
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Consumer Rights
.
Geostar maintains specific
contact information including an e-mail address for notifications
of complaints and for inquiries regarding pricing policies.
All correspondence should be addressed to Geostar's agent
for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry
Geostar Publishing & Services LLC,
6423, Woodbine Court,
St. Louis, Missouri,
63109, USA
jessica@allaboutmacaws.com Telephone: 314-260-9978
You may contact Geostar with complaints
and inquiries regarding pricing and Geostar will investigate
those matters and respond to the inquiries.
- Controlling Law.
This Agreement shall be construed under the laws of the US,
excluding rules regarding conflicts of law. The application
the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded.
- Jurisdiction And Venue.
You and Geostar agree to submit to the exclusive personal
jurisdiction of the courts of US in all legal proceedings
arising under this Agreement.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE
PROVIDED HEREIN YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO
ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE
EXIT THIS SITE.
Disclaimer.
Any information posted on this web site is for general entertainment
and educational purposes only, and should not be construed as
medical advice, medical opinion, diagnosis or treatment. Any
information provided by this web site is not a substitute for actual
medical attention. Always promptly consult your licensed health care
provider for medical advice and treatment. Always promptly consult
your licensed veterinary health-care professional for your pet's
medical advice and treatment. Information contained on any site
owned and/or operated by Psy Tech Inc. is NOT intended for use in a
similar manner as you would use a consultation with a physician or
other licensed professional. Only a licensed professional can
provide accurate, individually tailored advice regarding the
medical, veterinary, and other life-topics discussed on Psy Tech's
sites.
Last Update: August 22nd,
2006 |