The following User Agreement ("Agreement") is a
legal Agreement between you, the user (“User” or “Participant”)
and BarnRaising.Org ("Service Provider") and governs
the use of Barn Raising’s services as posted on its
Web site(s) ("Site"), including participation in
its bulletin boards, forums, if any, and other services,
as provided by Service Provider from time to time (collectively
the “Services”).
PLEASE READ THE TERMS AND RULES CONTAINED IN THIS AGREEMENT
CAREFULLY. IF YOU DON'T AGREE TO THE TERMS CONTAINED IN
THIS AGREEMENT OR FEEL YOU CAN NOT ABIDE BY THEM OR THE
RULES
NOTED HEREIN OR OTHER SUCH RULES AS MAY BE ESTABLISHED
BY SERVICE PROVIDER FROM TIME TO TIME, PLEASE EXIT THE
SITE
AND DO NOT USE THE SERVICE. PLEASE CLICK THE BACK BUTTON
ON YOUR BROWSER TO RETURN TO THE PREVIOUS PAGE.
Service Provider reserves the right to post, from time
to time, additional rules of usage that apply to specific
parts
of the Site. Such additional rules will be posted in the
relevant parts of the Site, and will be clearly identified.
Your continued use of the Site constitutes your agreement
to comply with these additional rules.
This Agreement may be modified from time to time by Service
Provider; the date of the most recent revisions will appear
on this page. Continued access of the Site by you will
constitute your acceptance of any changes or revisions
to the Agreement.
Your failure to follow these new terms or any new rules,
whether listed below or in bulletins posted at various
points in the Site, may result in suspension or termination
of your
access to the Site, without notice, in addition to Service
Provider's other remedies.
USE OF PASSWORD:
Your right to use the Site is personal to you -- you may
not authorize others to use the Site, and you are responsible
for all use by you and those you allow to use the Site.
You may not sub-license, transfer, sell or assign this
Agreement
or any Services provided under this Agreement to any third
party without our written approval. Any attempt to do so
will be null and void and shall be considered a material
breach of this Agreement.
You will be solely responsible for maintaining the confidentiality
of your password. You are also solely responsible for all
usage or activity on your account including, but not limited
to, use of the account by any person who uses your subscriber
ID and password.
If you have reason to believe that your account is no longer
secure (for example, in the event of a loss, theft, or
unauthorized disclosure or use of your ID, password or
any credit, debit
or charge card number stored on the Site), you must promptly
change your password and notify Service Provider of the
problem by contacting our Customer Service department at:
508-358-2299.
USE OF THE SITE BY YOU:
Service Provider does not knowingly collect personally
identifiable information from users. Users are expressly
requested not
to submit or post their personally identifiable information
on this Site; any information that is submitted by such
users will not knowingly be used, posted or retained by
Service
Provider.
You agree not to use any obscene, indecent or offensive
language or to place on the Site any material that is defamatory,
abusive, harassing or hateful. Further, you may not place
on the Site any material that is encrypted, constitutes
junk
mail or unauthorized advertising, invades anyone's privacy,
or encourages conduct that would constitute a criminal
offense, give rise to civil liability, or that otherwise
violates
any local, state, national or international law or regulation.
You agree to use the Site only for lawful purposes, and
you acknowledge that your failure to do so may subject
you to
civil and criminal liability.
You are responsible for ensuring that any material you
provide to the Site or post on a bulletin board or forum,
including
but not limited to text, photographs and sound, does not
violate the copyright, trademark, trade secret or any other
personal or proprietary rights of any third party, or is
posted with the prior written permission of the owner(s)
of such rights.
Material on the Site is for your personal use only. The
Site contains copyrighted and other confidential/proprietary
information
of Service Provider or other third parties. You may not
in any way make commercial or other unauthorized use, by
publication,
re-transmission, distribution, performance, caching or
otherwise, of material obtained through the Site, except
as permitted
by the Copyright Act or other law or as expressly permitted
in writing by Service Provider.
You agree not to disrupt, modify or interfere with the
Site, or its associated software, hardware, and/or servers
in any
way, and you agree not to impede or interfere with others'
use of the Site. You further agree not to alter or tamper
with any information or materials on or associated with
the Site. You shall not attempt to gain access to Service
Provider's
servers by any means - including, without limitation, by
using administrator passwords or by masquerading as an
administrator while using the Site or otherwise.
You acknowledge that Service Provider has not reviewed
and does not endorse the content of all sites linked to/from
the Site and is not responsible for the content or actions
of any other sites linked to/from the Site. Your linking
to any service or site is at your sole risk and liability.
Service Provider has the right to terminate your ability
to access the Site, for any reason, without notice.
USE OF MATERIAL SUPPLIED BY YOU:
For information regarding use of the material and information
you supply or communicate with the Site, please see our
Privacy Policy posted elsewhere on the Site. By posting
messages,
uploading files, inputting data, or engaging in any other
form of communication through the Site, you grant us, including
any commercial enterprise of Service Provider, a royalty-free,
perpetual, non-exclusive, unrestricted, worldwide license
to use, reproduce, modify, adapt, translate, enhance, transmit,
distribute, publicly perform, display, or sublicense any
such communication (including your identity and information
about you) in any medium (now in existence or hereinafter
developed) and for any purpose, including commercial purposes,
and to authorize others to do so.
COPYRIGHT OBLIGATIONS:
Service Provider respects the intellectual property of
others, and we ask our users to do the same. Service Provider
may,
in appropriate circumstances and at its discretion, suspend
or terminate the access of and take other action against
users, subscribers, registrants and account holders who
infringe the copyright rights of others.
MATERIALS POSTED BY OTHERS:
You agree that the Service Provider and its third party
service providers are not responsible, and shall have no
liability
to you, or any third party, with respect to any information
or materials posted by others, including defamatory, offensive
or illicit material, even material that violates this Agreement.
COMMENTS BY USERS ARE NOT ENDORSED BY SERVICE PROVIDER:
Service Provider does not endorse, support, sanction, encourage,
verify or necessarily agree with the comments, opinions
or statements posted on bulletin boards, forums or otherwise
contained in the Site. Nor does Service Provider or its
third-party
providers make any warranties with respect to any of the
merchandise featured or mentioned in the Site or any linked
site. Any information or material placed online, including
advice and opinions, are the views and responsibility of
those who post the statements, or those who actually sell
any merchandise, and do not necessarily represent the views
of the Service Provider or its third-party providers.
INDEMNIFICATION:
User understands that the tools, programs, suggestions
and materials included on this Site are for guidance
only and
do not guarantee that you will achieve any anticipated
results. Accordingly, User, including its heirs and
assigns, agrees
to indemnify, defend and hold Service Provider, its
affiliates, and its/their officers, directors, employees,
agents,
representatives, and consultants, harmless from and
against any and all
claims, suits, losses, demands, damages or expenses
(including reasonable
attorney’s fees, court costs and expert witness fees
and expenses) arising out of User’s use, or inability
to use, the tools, programs, suggestions and materials
or any updates provided by Service Provider, or out
of any breach
of this Agreement.
EDITING AND DELETIONS:
Service Provider reserves the right, but undertakes no
duty or obligation, to review, edit, move, or delete any
material
provided for display or placed on the Site or its bulletin
boards, in its sole discretion, without notice.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
THE SERVICES ARE PROVIDED "AS IS", WITHOUT
ANY WARRANTY WHATSOEVER. SERVICE PROVIDER AND ITS
AFFILIATES AND THIRD-PARTY PROVIDERS ALL HEREBY EXPRESSLY
DISCLAIM
ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY,
INCLUDING
BUT NOT LIMITED TO ANY AND ALL WARRANTIES OF ACCURACY,
RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT,
FITNESS FOR A PARTICULAR
PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE
OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN
ELECTRONIC FORM, INCLUDING
BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF
ANY
INFORMATION CONTAINED THEREIN OR PROVIDED BY THE
SITE. SERVICE PROVIDER,
ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS
DO
NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE
WILL BE UNINTERRUPTED
OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS
OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES
WILL
BE TRANSMITTED ON THE SITE.
THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD-PARTY
PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT,
THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE
OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY
TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO
HAVE
BEEN OBTAINED FROM THE SITE AND/OR THE SERVICES, YOUR USE
OF OR RELIANCE ON THE SERVICES OR ANY OF THE MERCHANDISE,
TOOLS, INFORMATION OR MATERIALS AVAILABLE ON THE SITE OR
THROUGH THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR
THE NATURE OF THE CAUSE OF ACTION, WHETHER IN CONTRACT,
WARRANTY OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THESE EXCLUSIONS OR LIMITATIONS
MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE.
JURISDICTION:
You agree that this Agreement, for all purposes, shall
be governed and construed in accordance with the laws of
the
Commonwealth of Massachusetts, and any action based on
or alleging a breach of this Agreement must be brought
in a
state or federal court in the Commonwealth of Massachusetts.
In addition, you agree to submit to the personal jurisdiction
and venue of the courts of the Commonwealth.
FORCE MAJEURE:
Service Provider shall not be liable for delays in performing
or failure to perform the Services under this Agreement
or any obligations hereunder, which are directly attributable
to causes beyond its reasonable control, including, but
not
limited to, acts of God, fires, strikes, labor disputes,
war, terrorist acts or intervention by any governmental
authority, failure of a common carrier or the internet,
supplier, hardware,
software, browser, or communications equipment, or network
failure, congestion, or malfunction.