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TERMS OF USE AGREEMENT BETWEEN USER AND THE DOWN TO EARTH NETWORK


The dte.net Web Site is comprised of various Web sites and Web pages operated by The Down To Earth Network or its affiliates (collectively, the "dte.net Web Sites").

The dte.net Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the dte.net Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular dte.net Web Site included within the dte.net Web Sites may also be subject to additional terms outlined elsewhere in this agreement. 

Additionally, the dte.net Web Sites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas).

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular dte.net Web Site, then these terms shall control.

MODIFICATION OF THESE TERMS OF USE

The Down To Earth Network reserves the right to change the terms, conditions, and notices under which the dte.net Web Sites are offered, including but not limited to the charges associated with the use of the dte.net Web Sites. You are responsible for regularly reviewing these terms and conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the dte.net Web Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the dte.net Web Sites.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON DOWN TO EARTH NETWORK  WEBSITES

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from The Down To Earth Network Websites is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from dte.net websites is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the dte.net website or any other dte.net owned, operated, licensed or controlled site. Elements of Down To Earth Network websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any dte.net website may be copied or retransmitted unless expressly permitted by The Down To Earth Network.

THE DOWN TO EARTH NETWORK AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE DOWN TO EARTH NETWORK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE DOWN TO EARTH NETWORK AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM DOWN TO EARTH NETWORK SERVERS.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON DOWN TO EARTH NETWORK SERVERS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE DOWN TO EARTH NETWORK AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

LINKS TO THIRD PARTY SITES

The dte.net Web Sites may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of dte.net and dte.net is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Down To Earth Network is not responsible for webcasting or any other form of transmission received from any Linked Site. dte.net is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Down To Earth Network of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the dte.net Web Sites, you warrant to dte.net that you will not use the dte.net Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the dte.net Web Sites in any manner which could damage, disable, overburden, or impair the dte.net Web Sites or interfere with any other party's use and enjoyment of the dte.net Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the dte.net Web Sites.

USE OF COMMUNICATION SERVICES

The dte.net Web Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

dte.net has no obligation to monitor the Communication Services. However, dte.net reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. dte.net reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

dte.net reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Down To Earth Network's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. dte.net does not control or endorse the content, messages or information found in any Communication Service and, therefore, dte.net specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized dte.net spokespersons, and their views do not necessarily reflect those of The Down To Earth Network.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO THE DOWN TO EARTH NETWORK OR POSTED AT ANY DTE.NET WEB SITE

dte.net does not claim ownership of the materials you provide to dte.net (including feedback and suggestions) or post, upload, input or submit to any dte.net Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting dte.net, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. dte.net is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Down To Earth Network's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AVAILABLE ON THE DOWN TO EARTH NETWORK WEB SITES

Software (if any) that is made available to download from the dte.net Web Sites, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of DTE Enterprises and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, The Down To Earth Network hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular dte.net Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by DTE Enterprises and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DTE.NET WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE DOWN TO EARTH NETWORK AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DTE.NET WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE DTE.NET WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE DOWN TO EARTH NETWORK AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE DTE.NET WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE DOWN TO EARTH NETWORK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL THE DOWN TO EARTH NETWORK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DTE.NET WEB SITES, WITH THE DELAY OR INABILITY TO USE THE DTE.NET WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DTE.NET WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE DTE.NET WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE DOWN TO EARTH NETWORK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DTE.NET WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DTE.NET WEB SITES.

SERVICE CONTACT: webmaster@dte.net

TERMINATION/ACCESS RESTRICTION

The Down To Earth Network reserves the right, in its sole discretion, to terminate your access to any or all dte.net Web Sites and the related services or any portion thereof at any time, without notice.

GENERAL

This agreement is governed by the laws of the State of California, U.S. You hereby consent to the exclusive jurisdiction and venue of courts in San Bernardino County, California, US. in all disputes arising out of or relating to the use of the dte.net Web Sites. Use of the dte.net Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Down To Earth Network as a result of this agreement or use of the dte.net Web Sites. The Down To Earth Network's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Down To Earth Network's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the dte.net Web Sites or information provided to or gathered by The Down To Earth Network with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Down To Earth Network with respect to the dte.net Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Down To Earth Network with respect to the dte.net Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the dte.net Web Sites are: Copyright © 1997 - 2000 The Down To Earth Network and/or its suppliers, PO BOX 222, Montclair, California 91763 U.S.A. All rights reserved.

TRADEMARKS. The Down To Earth Circle Logo, Submit-Bot, Fonts-FAST, and/or other Down To Earth products and services referenced herein are either trademarks or registered trademarks of The Down To Earth Network. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.


FOR INFORMATION REGARDING THE DTE.NET PRIVACY STATEMENT CLICK HERE.

 

ADDITIONAL TERMS

FEES AND PAYMENTS
The Down To Earth Network reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. The Down To Earth Network further reserves the right to alter any and all fees from time to time, without notice.

You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.

USING THE SERVICES: MESSAGE BOARDS & CLASSIFIEDS
dte.net Message Boards and Classifieds is offered solely as a forum for you to utilize the Services to buy and sell goods. The Down To Earth Network is not involved in any transaction between you and any other party who uses this Site, and is not acting as your or any other party's agent. The Down To Earth Network cannot screen, censor or otherwise control the listings or any transactions, including whether a listing is accurately described, whether an item can be legally purchased or sold in your jurisdiction, or whether a transaction will be completed as described by the seller or the buyer. Further, The Down To Earth Network cannot control or warrant the behavior of the users of the Services. As such, your use of dte.net Message Boards and Classifieds and its Services is at your own risk, and The Down To Earth Network disclaims any liability with regard to use of the Services and any actions resulting from your or any other party's participation in the Services. You hereby agree to release The Down To Earth Network, its suppliers, service partners, agents, employees, consultants, officers and directors from all claims, demands and damages, whether actual or consequential, of every kind, whether known or unknown, disclosed or undisclosed, arising out of or relating to any and all listings, transactions, or any other use of dte.net Message Boards and Classifieds and the Services. Further, because The Down To Earth Network is not involved in any transactions between you and other users of the Services, The Down To Earth Network cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of listed goods.

The Down To Earth Network reserves the right to remove any listing in the Message Boards and Classifieds at any time for any reason, with or without cause, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause.

 


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