| TERMS
AND CONDITIONS OF USE
Thank you for visiting our
website. If you want to use this website, you must agree to
conform to and be legally bound by the terms and conditions
described below. IF YOU DISAGREE WITH
ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR
WEBSITE.
1.
MINORS.
We do not provide services or
sell products to children. If you are below the age of 18, you
may use our website only with the permission and active
involvement of a parent or legal guardian. If you are a minor,
please do not provide us or other website visitors with any
personal information.
2. PRIVACY POLICY IS
PART OF THESE TERMS AND CONDITIONS.
Our privacy policy is part of,
and subject to, these terms and conditions of use. You may view
our privacy policy on this website.
3. ANTI-SPAM POLICY IS
PART OF THESE TERMS AND CONDITIONS.
We hate unsolicited commercial
e-mail as much as you do. Also known as Spam or junk e-mail, it
is a disservice to the Internet community.
We fully endorse and comply with
the requirements of the CAN-SPAM Act of 2003 (Controlling the
Assault of Non-Solicited Pornography and Marketing Act), and
all other applicable unsolicited commercial e-mail
laws.
If you subscribe to electronic
newsletters or other communications from our website, you will
always have an option to unsubscribe immediately.
If you have additional questions,
comments or concerns, please contact us by sending an e-mail
to and providing us with information relating to
your concern.
You may also mail your concerns
to us at the following address:
Misty City, Inc. dba The Home
Detective
P.O. Box 863
Renton, WA 98057
USA
4. MODIFICATIONS AND
TERMINATIONS.
These terms and conditions may
change from time to time. If such changes are made, they will
be effective immediately, and we will notify you by a notice
posted on our website's home page of the changes that have been
made. If you disagree with the changes that have been made, you
should not use our website.
We may terminate these terms and
conditions of use for any reason and at any time without notice
to you.
If you are concerned about these
terms and conditions of use, you should read them each time
before you use our website. Any questions or concerns should be
brought to our attention by sending an e-mail to
and
providing us with information relating to your
concern.
5. LICENSEE
STATUS.
You understand and agree that
your use of our website is limited and non-exclusive as a
revocable licensee. We may terminate your license to use our
website, and access to our website, for any reason, and without
giving you notice.
6. CONTENT
OWNERSHIP.
All content on our website is
owned by us or our content suppliers. On behalf of ourselves
and our content suppliers, we claim all property rights,
including intellectual property rights, for this content and
you are not allowed to infringe upon those rights. We will
prosecute to the fullest extent of the law anyone who attempts
to steal our property.
You agree not to copy content
from our website without our permission. Any requests to use
our content should be submitted to us by e-mail to
.
If you believe that your
intellectual property rights have been infringed upon by our
website content, please notify us by sending an e-mail
to or by sending mail to us at the address
listed below. Please describe in detail the alleged
infringement, including the factual and legal basis for your
claim of ownership.
7. DISCLAIMERS AND
LIMITATIONS OF LIABILITY.
The information on our website is
provided on an ''as is,'' ''as available'' basis. You agree
that your use of our website is at your sole risk. We disclaim
all warranties of any kind, including but not limited to, any
express warranties, statutory warranties, and any implied
warranties of merchantability, fitness for a particular
purpose, and non-infringement. We do not warrant that our
website will always be available, access will be uninterrupted,
be error-free, meet your requirements, or that any defects in
our website will be corrected.
Information on our website should
not necessarily be relied upon and should not to be construed
to be professional advice from us. We do not guarantee the
accuracy or completeness of any of the information provided,
and are not responsible for any loss resulting from your
reliance on such information.
If your jurisdiction does not
allow limitations on warranties, this limitation may not apply
to you. Your sole and exclusive remedy relating to your use of
the site shall be to discontinue using the site.
Under no circumstances will we be
liable or responsible for any direct, indirect, incidental,
consequential (including damages from loss of business, lost
profits, litigation, or the like), special, exemplary,
punitive, or other damages, under any legal theory, arising out
of or in any way relating to our website, your website use, or
the content, even if advised of the possibility of such
damages.
Our total liability for any claim
arising out of or relating to our website shall not exceed one
hundred ($100) dollars and that amount shall be in lieu of all
other remedies which you may have against us or our affiliates.
Any such claim shall be subject to confidential binding
arbitration as described later in these terms and conditions of
use.
8. OBSCENE AND
OFFENSIVE CONTENT.
We are not responsible for any
obscene or offensive content that you receive or view from
others while using our website. However, if you do receive or
view such content, please contact us by e-mail to
so that we
can investigate the matter. Although we are not obligated to do
so, we reserve the right to monitor, investigate, and remove
obscene or offensive material posted to our website.
9.
INDEMNIFICATION.
You understand and agree that you
will indemnify, defend and hold us and our affiliates harmless
from any liability, loss, claim and expense, including
reasonable attorney's fees, arising from your use of our
website or your violation of these terms and
conditions.
10. COMPLIANCE WITH
GOVERNING LAW AND DISPUTE RESOLUTION.
You agree to obey all applicable
laws while using our website.
You agree that the laws of WA
govern these terms and conditions of use without regard to
conflicts of laws provisions.
You also agree that any dispute
between you and us, excluding any intellectual property right
infringement claims we pursue against you, shall be settled
solely by confidential binding arbitration per the American
Arbitration Association commercial arbitration rules. All
claims must arbitrated on an individual basis, and cannot be
consolidated in any arbitration with any claim or controversy
of anyone else. All arbitration must occur in King, WA, USA.
Each party shall bear one half of the arbitration fees and
costs incurred, and each party is responsible for its own
lawyer fees.
11. SEVERABILITY OF
THESE TERMS AND CONDITIONS.
If any part of these terms and
conditions of use are determined by a court of competent
jurisdiction to be invalid or unenforceable, that part shall be
limited or eliminated to the minimum extent necessary so that
the remainder of these terms and conditions are fully
enforceable and legally binding.
12. HOW TO CONTACT
US.
Any questions or concerns about
these terms and conditions of use should be brought to our
attention by e-mail to
and
providing us with information relating to your concern.You may
also mail your concerns to us at the following
address:
Misty City, Inc. dba The Home
Detective
P.O. Box 863
Renton, WA 98057
USA
13. ENTIRE
AGREEMENT.
These terms and conditions,
including the policies incorporated herein by express
reference, constitutes your entire agreement with us with
respect to your use of our website.
These terms and conditions were
last updated on 03-05-2009.
Copyright ©
2008 Law Office of
Michael E. Young PLLC, and
licensed for use by the owner of this website at
TheHomeDetective.net. All Rights Reserved. No portion of this
document may be copied or used by anyone other than the
licensee without the express written permission of the
copyright owner.
|