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-8 1 3 0 1 1 0 0 0 -3 2 1 0 1 0 8 btn_TERMS_OF_USE.gif|TERMS OF USE|BUTTONIMAGE visible=0 0 1 1 0 0 0 16 1 0 0 0 0 This site (the "Site"), is operated by 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 and its affiliates (collectively, " 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 " or "we" or "us"). When you access or use this Site (including any current and future components and services available on this Site), you agree to the terms and conditions that follow (the "Terms of Use") as they may be modified from time to time by us. These Terms of Use constitute a legal contract between you and 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 , and by accessing or using the Site you represent and warrant that you have the right, power and authority to agree to and be bound by these Terms of Use. If you do not agree to the Terms of Use, or if you do not have the right, power, and authority to agree to and be bound by these Terms of Use, you should immediately cease use of the Site. 16 1 0 0 0 0 17 2 0 0 0 0 Use of Product 16 1 0 0 0 0 The information, data, text, software, images, graphics, messages and other content contained on this Site (collectively, the "Content") are proprietary to 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 and its licensors. The Content includes a proprietary, copyrighted database (the "Database") of service manual information, including but not limited to, the data and text contained therein (collectively, the "Data") and the proprietary formats and structures for categorizing, sorting and organizing such Data. The Site, Content, Database and Data and any portion of the foregoing are collectively referred to herein as the "Product". 17 1 0 0 0 0 Fletcher Domains 16 1 -1 1 0 0 hereby grants to you a nonexclusive, nontransferable license to use the Product, subject to and in accordance with the terms and conditions of these Terms of Use. You may use the Product solely to conduct searches in relation to service manuals for your internal research purposes. In connection therewith you may print a limited amount of Data for your internal use only. 16 2 0 0 0 0 You shall not, except as expressly set forth above, (a) distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form), any portion of the Product or (b) modify or create derivative works of any portion of the Product. Notwithstanding anything to the contrary herein, you shall not: 0 2 0 0 0 0 -11 0 0 0 0 0 5 0 1 1 0 1 -1 1 0 0 16 1 0 0 0 0 use any portion of the Product to create, directly or indirectly, any database or other product directly or indirectly competitive with the Product or any portion thereof; -11 0 0 0 0 0 5 0 1 0 16 1 -1 1 0 0 use, reproduce, copy or access any portion of the Product if you are a direct or indirect competitor of 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 ; -11 0 0 0 0 0 5 0 1 0 16 1 -1 1 0 0 provide, disclose or transmit any portion of the Product to any direct or indirect competitor of 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 ; -11 0 0 0 0 0 5 0 1 0 16 1 -1 1 0 0 upload, post or otherwise transmit any portion of the Product on, or provide access to any portion of the Product through, the Internet, any bulletin board system, any0/ther electqïnic network, any data library, any0,isting seruéce or any other data sharing arrangement; -11 0 0 0 0 0 5 0 1 0 16 1 -1 1 0 0 integrate or incorporate any portion of the Product into any other database; -11 0 0 0 0 0 5 0 1 0 16 1 -1 1 0 0 sell, license or display any portion of the Product; -11 0 0 0 0 0 5 0 1 0 16 1 -1 1 0 0 modify, merge, decompile, disaróemble or rdöerse engineer any portion of the Product; -11 0 0 0 0 0 5 0 1 0 16 1 -1 1 0 0 use, or allow others to use the Product, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify any portion of the Product; or (b) act in a way that affects or reflects negatively on 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 or the Product; -11 0 0 0 0 0 5 0 1 0 16 1 -1 1 0 0 interfeqå with or disrupt, or attempt to insårfere with0/r disrupt, the Product or servers or networks connected to the Site; -11 0 0 0 0 0 5 0 1 0 16 1 -1 1 0 0 violate these Terms of Use or any applicable local, state, national or international law, rule, regulation or ordinance in connection with your use of the Product; -11 0 0 0 0 0 5 0 1 0 16 1 -1 1 0 0 engage in any fraudulent activities or otherwise interfere with or disrupt, or attempt to interfere with or disrupt, the activities of other users of the Product; -11 0 0 0 0 0 5 0 1 0 16 1 -1 1 0 0 use, reproduce, publish or compile any Data for the purpose of selling or licensing such information or making such information publicly available or available to any direct or indirect competitor of 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 ; -11 0 0 0 0 0 5 0 1 0 16 1 -1 1 0 0 use any data mining, gathering or extraction tool, or any robot, spider, or other automatic device or manual process, to monitor or copy the Product without our prior expressed written permission; -11 0 0 0 0 0 5 0 1 0 16 1 -1 1 0 0 upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, images, graphics, video, messages or other content that (a) is unlawful, threatening, abusive, harmful, libelous, tortuous, defamatory, obscene, vulgar, racially or ethnically offensive or otherwise objectionable; (b) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; (c) you know or, with the exercise of reasonable effort, should know to be false, misleading or otherwise unreliable; or (d) you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty; -11 0 0 0 0 0 5 0 1 0 16 1 -1 1 0 0 intentionally disguise the origin of any information, data, text, software, music, sound, photographs, images, graphics, video, messages or other content posted on or transmitted through the Site; or -11 0 0 0 0 0 5 0 1 0 16 1 -1 1 0 0 upload, post, e-mail or otherwise transmit any (a) unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (b) material that contains software viruses or any other computer code, files or programs designed to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 16 1 0 0 0 0 You acknowledge that 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 and its licensors have and shall retain exclusive ownership of all proprietary rights in or to the Product, including the format and presentation thereof. You shall have no right or interest in any portion of the Product except the right to use the portions of the Product as set forth herein and any rights you have in any portions of the Product that you provide to 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . You acknowledge that the Product has been created, compiled, prepared, selected and arranged by 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 through the expenditure of substantial time, effort and money, and that it and the other Content constitute the valuable property and copyrighted information of 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 (collectively, the "Proprietary Information"). You agree to take all necessary precautions to comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Proprietary Information, and to not remove, conceal or obliterate any copyright or other proprietary notice included in the Product. You shall be liable for any violation of these Terms of Use by you and your employees, affiliates, and agents. 16 2 0 0 0 0 17 2 0 0 0 0 Accuracy, Completeness and Timeliness of Information 16 1 0 0 0 0 The Product is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the Product shall be at your own risk. The 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 is not responsible if the Product is not accurate, complete or current. 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 has no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Product. 16 1 0 0 0 0 17 1 0 0 0 0 Linking; Framing 16 1 0 0 0 0 Links to and the framing of the Product or Database, or any of the Content or Data therein, are strictly prohibited, except where specifically permitted under written authorization from 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . 16 1 0 0 0 0 This Site may include links to other sites, some of them may be operated by 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 and some of them may be operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed all of the information on other sites and are not responsible for the content of any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. 17 1 0 0 0 0 User Content 16 1 0 0 0 0 This Site may include opportunities for users to submit information, data, text, and other content to the Product ("User Content"). You understand that all such content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 , are entirely responsible for all such content that you upload, post, e-mail or otherwise transmit to or via the Site. 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 is under no obligation to post or use any such content you may provide and may remove any such content at any time in 17 1 -1 1 0 0 Fletcher Domain's 16 1 -1 1 0 0 sole discretion. It is the policy of 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 to restrict and/or terminate in appropriate circumstances the ability to submit User Content and/or use this Site by individuals or entities that repeatedly submit infringing User Content in violation of these Terms of Use. 17 1 0 0 0 0 License to User Content 16 1 0 0 0 0 With respect to all User Content you elect to upload, post, e-mail or otherwise transmit to or via the Site, you grant 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 , its affiliates, and licensees the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, distribute, sell, and take any other action with respect to such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 may preserve any such content and may also disclose such User Content in its discretion. 16 1 0 0 0 0 You represent and warrant that (a) you own or have the full right, power and authority to grant to The 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 use of and rights in and to all User Content that you upload, post, e-mail or otherwise transmit to or via the Site, as provided in these Terms of Use; (b) your license of such User Content to 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 hereunder does not, and the license of such content by The 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such User Content. 17 1 0 0 0 0 Registration Data 16 1 0 0 0 0 Portions of this Site or Product may require you to register certain information about yourself in order to use that portion of the Site or Product. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 has the right to terminate or restrict your current and future use of the Site or Product (or any portion thereof). 17 1 0 0 0 0 Indemnity 16 1 0 0 0 0 You agree to indemnify and hold harmless 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 and its affiliates and their respective officers, agents, partners, directors and employees, from and against any third party claim or demand (including reasonable attorneys' fees), arising out of or relating to User Content you provide to 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 or post, e-mail or transmit through the Site, your use of the Product or any portion thereof or your violation of the Terms of Use. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not in any event settle any such matter without the written consent of 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . 17 1 0 0 0 0 Disclaimers 16 1 0 0 0 0 THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES (A) AS TO TITLE, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, (B) AS TO THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE DATA AND OTHER CONTENT AND (C) AGAINST INFRINGEMENT. 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE PRODUCT WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE, OR THAT THE PRODUCT WILL BE SECURE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . OR THROUGH OR FROM THE PRODUCT SHALL CREATE ANY WARRANTY OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PRODUCT OR ANY FEATURE OR PART THEREOF AT ANY TIME. 16 1 0 0 0 0 IF YOU DOWNLOAD ANY CONTENT FROM THIS PRODUCT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . OR THROUGH OR FROM THIS PRODUCT SHALL CREATE ANY WARRANTY OF ANY KIND. 16 1 0 0 0 0 17 2 0 0 0 0 Limitation of Liability 16 1 0 0 0 0 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT (A) 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . AND ITS AFFILIATES AND THEIR RESPECTIVE, OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PRODUCT (COLLECTIVELY, THE " 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . PARTIES") SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC OR OTHER MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. 16 1 0 0 0 0 YOU ACKNOWLEDGE AND AGREE THAT BECAUSE YOU ARE ALLOWED TO USE THE PRODUCT WITHOUT CHARGE 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . PARTIES SHALL HAVE NO LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES WHATSOEVER. YOU RELEASE 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . PARTIES FROM CLAIMS, DEMANDS AND DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, AND ANY OTHER DAMAGES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PRODUCT. 16 3 0 0 0 0 IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE WILL ANY OF 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . PARTIES BE LIABLE IN ANY WAY FOR ANY INFORMATION, DATA, TEXT OR OTHER CONTENT POSTED, E-MAILED OR OTHERWISE TRANSMITTED BY A USER OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY SUCH PRODUCT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUCH CONTENT. 16 1 0 0 0 0 NONE OF 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . PARTIES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND 17 1 -1 1 0 0 Fletcher Domain's 16 1 -1 1 0 0 CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES OF WHATEVER NATURE, ACTS OF GOD, PUBLIC ENEMY, WAR, ACTS OF GOVERNMENT, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE PRODUCT OR WITH RESPECT TO THE E-LOCKBOXES. 16 1 0 0 0 0 17 2 0 0 0 0 Your Liability 16 2 0 0 0 0 IF YOU CAUSE A TECHNICAL DISRUPTION OF THE PRODUCT OR THE SYSTEMS TRANSMITTING THE PRODUCT TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS FEES) ARISING FROM THAT DISRUPTION. 17 2 0 0 0 0 Trademarks 16 1 0 0 0 0 The Site employs various trademarks and service marks of 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . You may not use or display such marks in any manner without the prior written permission of 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . This Site also employs other trademarks and service marks that are the property of third parties, or are licensed to, or owned by 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 . All of these trademarks and service marks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner. 16 1 0 0 0 0 17 3 0 0 0 0 Miscellaneous Fletcher Domains 16 1 -1 1 0 0 is continuously updating and changing the Product, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part therefor) with or without notice. You agree that 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Product. 17 1 0 0 0 0 Fletcher Domains 16 1 -1 1 0 0 is headquartered in the State of New Jersey. These Terms of Use and your use of this Product shall be governed by the laws of the State of New Jersey without regard to its conflicts of laws principles. You irrevocably consent to the jurisdiction of the federal and state courts located in the State of New Jersey for any action to enforce these terms and conditins. 17 1 -1 1 0 0 Fletcher Domains 16 1 -1 1 0 0 seeks to comply with the laws of the particular jurisdictions in which they perate. If any material on this Product, or your use of the Product, is contrary to the laws of the place where you are when you access it, the Product is ot intended for you, and we ask you not to use the Product. You are responsible for informing yourself of, and complying with, the
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