& Sons WEBSITE MEMBER AGREEMENT
This Agreement sets forth the terms and conditions which apply to your use of the Frentz & Sons Website ("frentzandsons.com") and any other product or service offered for sale by Frentz & Sons Website ("frentzandsons.com") through the frentzandsons.com Website. The right to use the frentzandsons.com Website and any other product or service offered by frentzandsons.com through the frentzandsons.com Website is personal to you and is not transferable to any other person or entity.
1. Definitions. The "Service" is the personalized online news, information, shopping and interactive service operated by frentzandsons.com on the World Wide Web of the Internet accessible through the frentzandsons.com Website. "Member" means each person who registers to use any of the products or services, or features thereof, of the Service for which registration is required or requested.
2. General. frentzandsons.com shall have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, content, hours of availability, registration requirements and equipment needed for access or use.
3. Changed Terms. frentzandsons.com shall have the right at any time to impose, change, or modify its other terms and conditions applicable to use of the Service, or any part thereof, or to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any reasonable means including, but not limited to, posting on the Service a revised version of this Agreement and notification by electronic or conventional mail. Any use of the Service by the Member after such notice (other than to terminate the Member's membership pursuant to Section 9 hereof) shall conclusively be deemed to constitute acceptance by the Member of such changes, modifications, additions, or deletions. The Member agrees to review the terms and conditions periodically to be aware of such revisions.
4. Member Conduct.
(B) The Service contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the Service is copyrighted as a collective work under the United States copyright laws. frentzandsons.com owns a copyright of the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in content original to it. No Member may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Service, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material from the Service will be permitted without the express-written permission of frentzandsons.com and any other copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. Each Member acknowledges that he or she does not acquire any ownership rights by downloading copyrighted material.
(C) No material protected by copyright, trademark or other proprietary right shall be uploaded, posted or otherwise made available by the Member on the Service without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the Member. The Member shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission.
(D) Each Member hereby grants to frentzandsons.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Service (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed.
(E) Each Member shall provide frentzandsons.com with accurate, complete and updated information as to his or her name and e-mail address provided by Member at registration.
(F) No Member may (i) select or use a Member name or e-mail address of another person with the intent to impersonate that person; (ii) use a Member name or e-mail address subject to the rights of any person other than the Member without authorization; (iii) use a Member name in violation of the intellectual property rights of any person; or (iv) use a Member name that frentzandsons.com, in its sole discretion, deems offensive.
(G) The foregoing provisions of this Section 4 are for the benefit of frentzandsons.com, its affiliates, and third-party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly on its own behalf.
5. Third-Party Content. The Service contains content supplied by parties other than frentzandsons.com. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and Members, are those of the respective author(s) or distributor(s) and not of frentzandsons.com. Neither frentzandsons.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through the Service represents the opinions and judgments of the respective information provider or Member, and not of frentzandsons.com.
6. Disclaimer of Warranty; Limitation of
(B) THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 6 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH MEMBER SPECIFICALLY ACKNOWLEDGES THAT frentzandsons.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING MEMBERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH MEMBER.
(D) IN NO EVENT WILL frentzandsons.com OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY.
(E) frentzandsons.com NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE ONLINE SERVICE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SERVICE BY ANYONE. UNDER NO CIRCUMSTANCES WILL frentzandsons.com BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MEMBER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SERVICE. IT IS THE RESPONSIBILITY OF EACH MEMBER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.
(F) frentzandsons.com DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD-PARTY THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY MEMBER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, EACH MEMBER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
(G) EACH MEMBER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL frentzandsons.com, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (i) THE USE BY SUCH MEMBER OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (ii) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD-PARTY IN CONNECTION WITH THE SERVICE.
7. Monitoring. frentzandsons.com shall have the right, but not the obligation, to monitor the content of the Service to determine compliance with this Agreement and any other operating rules established by frentzandsons.com. frentzandsons.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, frentzandsons.com shall have the right to remove any material that frentzandsons.com, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of frentzandsons.com, Members shall remain solely responsible for the content of their messages. Each Member acknowledges and agrees that neither frentzandsons.com nor any third party content provider shall assume or have any liability for any action or inaction by frentzandsons.com or any third party content provider with respect to any conduct, communication or posting on the Service.
8. Indemnification. Each Member agrees to defend, indemnify, and hold harmless frentzandsons.com, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Service by such Member.
9. Termination. Either frentzandsons.com or Member may terminate this Agreement at any time. Member's only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, (ii) any policy or practice of frentzandsons.com in operating the Service, or (iii) any content available through the Service or any change therein, is to terminate this Agreement by sending a written notice by e-mail to firstname.lastname@example.org. Without limiting the foregoing, frentzandsons.com shall have the right to immediately terminate this Agreement with respect to any Member in the event of any conduct by Member which frentzandsons.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this Agreement. The provisions of Sections 3, 4, 5, 6, 7, 8, and this, Section 9, shall survive termination of this Agreement.
10. Trademarks. Trademarks are registered trademarks of frentzandsons.com. All rights reserved. All other trademarks appearing on the Service are the property of their respective owners, including, in some instances, frentzandsons.com.
11. Equipment. Each Member shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Service, and Members shall be responsible for all charges related thereto.
13. Miscellaneous. This Agreement and any operating rules for the Service established by frentzandsons.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supercede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
& SONS SHOPTALK
AGREEMENT, GUIDELINES AND RULES OF CONDUCT
You may not post offensive material, or material which infringes the rights of others in live discussion rooms or on bulletin boards. Without limitation, the following posts to bulletin boards, live discussion rooms, or any other area within the frentzandsons.com site at which members are invited to communicate are not permitted:
Posts, which defame, abuse, harass or threaten others;
frentzandsons.com has a team of Discussion Leaders who are present in our live discussions and bulletin boards daily to ensure a safe, responsive, informative and productive environment. Discussion Leaders may remove posts from bulletin boards, or may remove members from live discussion rooms when they observe conduct which violates the guidelines set forth above, or which they find in their sole discretion to be otherwise objectionable for any reason.
Although the Discussion Leaders may monitor or review discussions, live discussions, posting, transmissions, bulletin boards, and the like and may remove items as noted above, frentzandsons.com is under no obligation to perform any such monitoring or policing and assumes no responsibility or liability arising because of error or omission, transmission of any material which violates the rights of any third party under copyright, trademark, privacy or other law, or the posting of material which violates any of the guidelines listed above. frentzandsons.com may cooperate with any law enforcement authorities or comply with any order requesting or directing it to disclose the identity or anyone posting any such information or materials. frentzandsons.com is a distributor only (and not a publisher) of its interactive Meeting Place. In addition, frentzandsons.com is in no way responsible or liable for any offline communication between members or any consequences or damages resulting there from.
By posting any material you irrevocably waive any rights of any sort you may have to it and authorize frentzandsons.com to use such material in any manner it sees fit including without limitation, the right to use and exploit it in any and all media now known or hereafter devised throughout the world. All right, title and interest in and to any material posted on the site shall belong solely to frentzandsons.com.
The opinions expressed in live discussion rooms and bulletin boards are not necessarily (and in some cases are not at all) those of frentzandsons.com. All statements, advice and opinions made by participants in live discussion rooms and bulletin boards are those of such participant only, and frentzandsons.com neither endorses nor shall be held responsible for the reliability or accuracy of same. frentzandsons.com is not responsible in any way for any injury, loss or damage, which occurs as a result of an opinion expressed or information provided in these sections of its site. frentzandsons.com makes no warranties, express or implied, as to the content of live discussion rooms, bulletin boards or similar areas or the accuracy, or reliability of any information or statements contained therein.
By posting material you irrevocably agree to defend, indemnify and hold frentzandsons.com (its related entities, officers, directors, employees and agents) harmless from any claims, damages, liabilities, costs or expenses arising out of any material you post, submit or upload.
& SONS PRIVACY
Kids: Please be sure to ask your parents for permission before sending any information about yourself over the Internet.
SAFE AT FRENTZ
& SONS HARDWARE