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| Website Terms of Use |
| Tiki Logic operates this Site to provide online access to information about Tiki Logic and the programs, services, and opportunities we provide (the "Service"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement." |
| Tiki Logic reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below. |
1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your contracted purposes and/or to learn about Tiki Logic programs and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Tiki Logic reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use. |
2. Ownership of Materials
The images from this Site may not be reproduced in any form without the prior advance written consent of Tiki Logic. The Site is owned and operated by Tiki Logic and contains material (the "Content") which is derived in whole or in part from Tiki Logic and other sources and is protected by intellectual property laws. Under no circumstances may the Content be modified, reproduced, recorded, displayed, performed, published or distributed, either in whole or in part, nor may derivative works be made. Use, reproduction, copying or redistribution of the Tiki Logic programs is strictly prohibited unless consented to in writing by Tiki Logic. All rights not otherwise granted are strictly reserved. |
2.1 Sample Images
Tiki Logic has included Sample Images on certain pages within the Site, to demonstrate the capability of certain programs or services. You may not crop or change the composition of the image, or use the image for commercial purposes. Any other use requires specific permission from Tiki Logic or the copyright owner. |
3. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Tiki Logic of the third party, the third-party web site, or the information contained therein. Tiki Logic is not responsible for the availability of any such web sites. Tiki Logic is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Tiki Logic affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites. |
4. Linking to this Site
If you would like to link to the Site, you must follow Tiki Logics link guidelines. Unless specifically authorized by Tiki Logic, you may not connect "deep links" to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page. |
5. Enrollment Information
In consideration of your use of the Site, you agree to provide true, accurate, current and complete information concerning your enrollment. After enrolling, you may receive confirmations or be contacted about account details via email, phone or the mailing address that you provide to us. You may also receive occasional Tiki Logic communications ("Communications") with specific relevance to servicing your active account. If in the future you no longer desire to receive Communications, you may e-mail customer service requesting that you not be contacted in the future. |
6. Downloading Files
Tiki Logic cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. |
7. Limitation of Liability
IN NO EVENT WILL TIKILOGIC BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF TIKILOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. |
| BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TIKILOGIC'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. |
8. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Tiki Logic, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement. |
9. Privacy Policy
See Tiki Logic's Privacy Policy. |
10. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. |
11. Password Security
If you register to become a Tiki Logic customer, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password. |
12. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Tiki Logic of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. |
| 12 b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Tiki Logic therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Tiki Logic does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. |
| 12 c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Tiki Logic's Privacy Policy, your use of the Site, any other Tiki Logic web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Washington, without regard to any conflict of laws provisions. |
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