Last Updated: October 2006
PLEASE READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY.
BY ACCESSING OR USING THIS WEBSITE,
YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS DESCRIBED
HEREIN AND BY ALL TERMS, POLICIES
AND GUIDELINES INCORPORATED BY
REFERENCE. IF YOU DO NOT AGREE
TO ALL OF THESE TERMS, DO NOT
USE THIS WEBSITE.
These
terms and conditions of use ("Site
Terms") apply to your use of
this website (the "Site"), and
do not alter in any way the terms
or conditions of any other agreement
you may have with Www.jdonegan.com,
its subsidiaries or affiliates.
By using this Site, you represent
and warrant that you are over
the age of 18 and are lawfully
able to accept these Site Terms.
If you are using the Site on
behalf of any entity, you further
represent and warrant that you
are authorized to accept these
Site Terms on such entity's behalf,
and that such entity agrees to
indemnify Www.jdonegan.com for
violations of these Site Terms.
Privacy Policy
Www.jdonegan.com is committed
to protecting your privacy. Please
refer to our Privacy Policy for
information on how we collect,
use and disclose personal information.
Ownership of the Site and its
Contents This Site is owned by
Www.jdonegan.com. Unless otherwise
indicated, all of the content
featured or displayed on this
Site, including, but not limited
to, text, graphics, data, photographic
images, moving images, sound,
illustrations, software, and
the selection and arrangement
thereof ("Www.jdonegan.com Content"),
is owned by Www.jdonegan.com,
its licensors, or its third-party
image partners. All elements
of the Site, including the Www.jdonegan.com
Content, are protected by copyright,
trade dress, moral rights, trademark
and other laws relating to the
protection of intellectual property.
Use of the Site
This Site and the Www.jdonegan.com
Content are intended for customers
of Www.jdonegan.com. You may
not use this Site or the Www.jdonegan.com
Content for any purpose not related
to your business with Www.jdonegan.com.
You are specifically prohibited
from: (a) downloading, copying,
or re-transmitting any or all
of the Site or the Www.jdonegan.com
Content without, or in violation
of, a written license or agreement
with Www.jdonegan.com; (b) using
any data mining, robots or similar
data gathering or extraction
methods; (c) manipulating or
otherwise displaying the Site
or the Www.jdonegan.com Content
by using framing or similar navigational
technology; (d) registering,
subscribing, unsubscribing, or
attempting to register, subscribe,
or unsubscribe any party for
any Www.jdonegan.com product
or service if you are not expressly
authorized by such party to do
so; and (e) using the Site or
the Www.jdonegan.com Content
other than for its intended purpose.
Such unauthorized use may also
violate applicable laws including
without limitation copyright
and trademark laws, the laws
of privacy and publicity, and
applicable communications regulations
and statutes. You represent
and warrant that you will comply
with all applicable laws and
regulations, including, without
limitation, those relating to
the Internet, data, e-mail, privacy,
and the transmission of technical
data exported from the United
States or the country in which
you reside.
Copyright Infringement Policy
In accordance with the Digital
Millennium Copyright Act ("DMCA")
and other applicable laws, Www.jdonegan.com
has adopted a policy of terminating,
in appropriate circumstances
and at Www.jdonegan.com' sole
discretion, account holders who
infringe the intellectual property
rights of Www.jdonegan.com or
any third party.
Copyright Complaints
If you believe that any material
on the Site infringes upon any
copyright that you own or control,
you may file a notification of
such infringement with our Designated
Agent as set forth below:
We may give notice of a claim
of copyright infringement by
means of a general notice on
the Site, electronic mail to
a user's e-mail address, or by
written communication sent by
first-class mail to a user's
address.
Trademarks
Www.jdonegan.com Trademarks,
the Www.jdonegan.com logo, and
any other product or service
name or slogan contained in the
Site are trademarks of Www.jdonegan.com
and its suppliers or licensors,
and may not be copied, imitated
or used, in whole or in part,
without the prior written permission
of Www.jdonegan.com or the applicable
trademark holder. You may not
use metatags or any other "hidden
text" utilizing "Www.jdonegan.com" or
any other name, trademark or
product or service name of Www.jdonegan.com
without our prior written permission.
In addition, the look and feel
of the Site, including all page
headers, custom graphics, button
icons and scripts, is the service
mark, trademark and/or trade
dress of Www.jdonegan.com and
may not be copied, imitated or
used, in whole or in part, without
our prior written permission.
All other trademarks, registered
trademarks, product names and
company names or logos mentioned
in the Site are the property
of their respective owners. Reference
to any products, services, processes
or other information, by trade
name, trademark, manufacturer,
supplier or otherwise does not
constitute or imply endorsement,
sponsorship or recommendation
thereof by us.
Forums & Other Interactive Services
or Areas The Site may include
discussion forums or other interactive
areas or services, including
blogs, chat rooms, bulletin boards,
message boards, online hosting
or storage services, or other
areas or services in which you
or third parties create, post
or store any content, messages,
comments, materials or other
items on the Site ("Interactive
Areas"). You are solely responsible
for your use of such Interactive
Areas and use them at your own
risk. By using any Interactive
Areas, you agree not to post,
upload, transmit, distribute,
store, create or otherwise publish
through the Site any of the following:
a. Any message, comment, data,
information, text, music, sound,
photos, graphics, code or other
material ("User Content")
that is unlawful, libelous, defamatory,
obscene, pornographic, harmful
to minors, indecent, lewd, suggestive,
harassing, threatening, invasive
of privacy or publicity rights,
abusive, inflammatory, fraudulent
or otherwise objectionable; b.
User Content that would constitute,
encourage or provide instructions
for a criminal offense, violate
the rights of any party, or that
would otherwise create liability
or violate any local, state,
national or international law,
including, without limitation,
the regulations of the U.S. Securities
and Exchange Commission or any
rules of a securities exchange
such as the New York Stock Exchange,
the American Stock Exchange or
the NASDAQ; c. User Content that
may infringe any patent, trademark,
trade secret, copyright or other
intellectual property or contract
right of any party. By posting
any User Content, you represent
and warrant that you have the
lawful right to transmit, distribute
and reproduce such User Content;
d. User Content that impersonates
any person or entity or otherwise
misrepresents your affiliation
with a person or entity; e. Unsolicited
promotions, political campaigning,
advertising, junk mail, spam,
chain letters, pyramid schemes
or solicitations; f. Private
information of any third party,
including, without limitation,
addresses, phone numbers, email
addresses, Social Security numbers
and credit card numbers; g. Viruses,
corrupted data or other harmful,
disruptive or destructive files;
and h. User Content that, in
the sole judgment of Www.jdonegan.com,
is objectionable or which restricts
or inhibits any other person
from using or enjoying the Interactive
Areas or the Site, or which adversely
affects the availability of its
resources to other users (e.g.,
excessive shouting, use of all
capital letters, or flooding
continuous posting of repetitive
text), or which may expose Www.jdonegan.com
or its users to any harm or liability
of any type. Further, you agree
not to delete or revise any User
Content posted by any third party.
Www.jdonegan.com takes no responsibility
and assumes no liability for
any User Content posted, stored
or uploaded by you or any third
party, or for any loss or damage
thereto, nor is Www.jdonegan.com
liable for any mistakes, defamation,
slander, libel, omissions, falsehoods,
obscenity, pornography or profanity
you may encounter. Your use of
Interactive Areas is at your
own risk. As a provider of interactive
services, Www.jdonegan.com is
not liable for any statements,
representations or User Content
provided by its users in any
public forum, personal home page
or other Interactive Area. Although
Www.jdonegan.com has no obligation
to screen, edit or monitor any
of the User Content posted in
any Interactive Area, Www.jdonegan.com
reserves the right, and has absolute
discretion, to remove, screen
or edit any User Content posted
or stored on the Site at any
time and for any reason without
notice. You are solely responsible
for creating backup copies of
and replacing any User Content
you post or store on the Site
at your sole cost and expense.
Any use of the Interactive Areas
or other portions of the Site
in violation of the foregoing
violates these Site Terms and
may result in, among other things,
termination or suspension of
your rights to use the Interactive
Areas and/or the Site. You acknowledge
and agree that Www.jdonegan.com
may access, use or disclose any
information about you or your
use of this Site, including without
limitation any User Content to
comply with the law or any legal
process; protect and defend the
rights or property of Www.jdonegan.com;
or to protect the safety of our
company, employees, customers
or the public. If you post User
Content to the Site, unless we
indicate otherwise, you grant
Www.jdonegan.com and its affiliates
a nonexclusive, royalty-free,
perpetual, irrevocable and fully
sublicensable right to use, reproduce,
modify, adapt, publish, translate,
create derivative works from,
distribute, perform and display
such User Content throughout
the world in any media. You grant
Www.jdonegan.com and its affiliates
and sublicensees the right to
use the name that you submit
in connection with such content,
if they choose. You represent
and warrant that (a) you own
and control all of the rights
to the User Content that you
post or you otherwise have the
right to post such User Content
to the Site; (b) the User Content
is accurate and not misleading;
and (c) use and posting of the
User Content you supply does
not violate these Site Terms
and will not violate any rights
of or cause injury to any person
or entity.
Indemnification
You agree to defend, indemnify
and hold harmless Www.jdonegan.com,
its subsidiaries, affiliates,
licensors, employees, agents,
third party information providers
and independent contractors against
any claims, damages, costs, liabilities
and expenses (including, but
not limited to, reasonable attorneys'
fees) arising out of or related
to any User Content that you
post, store or otherwise transmit
on or through the Site, your
conduct, your use or inability
to use the Site, your breach
or alleged breach of the Site
Terms or of any representation
or warranty contained herein,
your unauthorized use of the
Www.jdonegan.com Content, or
your violation of any rights
of another.
Disclaimer
THIS SITE AND THE WWW.JDONEGAN.COM
CONTENT ARE PROVIDED "AS IS" AND
WWW.JDONEGAN.COM AND ITS DIRECTORS,
EMPLOYEES, CONTENT PROVIDERS,
AGENTS AND AFFILIATES EXCLUDE,
TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, ANY WARRANTY,
EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY OR FITNESS
FOR A PARTICULAR PURPOSE. WWW.JDONEGAN.COM
WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE
USE OF THIS SITE OR THE WWW.JDONEGAN.COM
CONTENT, OR THE UNAVAILABILITY
OF THE SAME, INCLUDING, BUT NOT
LIMITED TO LOST PROFITS, AND
DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE AND CONSEQUENTIAL DAMAGES.
THE FUNCTIONS EMBODIED ON OR
IN THE MATERIALS OF THIS SITE
ARE NOT WARRANTED TO BE UNINTERRUPTED
OR WITHOUT ERROR. YOU, NOT WWW.JDONEGAN.COM,
ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR
CORRECTION DUE TO YOUR USE OF
THIS SITE OR THE WWW.JDONEGAN.COM
CONTENT. WE MAKE NO WARRANTY
THAT THE SITE OR THE WWW.JDONEGAN.COM
CONTENT IS FREE FROM INFECTION
BY VIRUSES OR ANYTHING ELSE THAT
HAS CONTAMINATING OR DESTRUCTIVE
PROPERTIES.
Www.jdonegan.com
uses reasonable efforts to ensure
the accuracy, correctness and
reliability of the Www.jdonegan.com
Content, but we make no representations
or warranties as to the Www.jdonegan.com
Content's accuracy, correctness
or reliability. Www.jdonegan.com
offers a search feature within
the Site. Www.jdonegan.com explicitly
disclaims any responsibility
for the content or availability
of information contained in our
search index or directory. Www.jdonegan.com
also disclaims any responsibility
for the completeness or accuracy
of any directory or search result.
Some US states and foreign countries
do not permit the exclusion or
limitation of implied warranties
or liability for certain categories
of damages. Therefore, some or
all of the limitations above
may not apply to you to the extent
they are prohibited or superseded
by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL WWW.JDONEGAN.COM,
ITS DIRECTORS, MEMBERS, EMPLOYEES
OR AGENTS BE LIABLE FOR ANY DIRECT,
SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER DAMAGES
OF ANY KIND, INCLUDING BUT NOT
LIMITED TO LOSS OF USE, LOSS
OF PROFITS OR LOSS OF DATA, WHETHER
IN AN ACTION IN CONTRACT, TORT
(INCLUDING BUT NOT LIMITED TO
NEGLIGENCE) OR OTHERWISE, ARISING
OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THE SITE, THE
SERVICES, THE WWW.JDONEGAN.COM
CONTENT OR THE MATERIALS CONTAINED
IN OR ACCESSED THROUGH THE SITE,
INCLUDING WITHOUT LIMITATION
ANY DAMAGES CAUSED BY OR RESULTING
FROM RELIANCE BY USER ON ANY
INFORMATION OBTAINED FROM WWW.JDONEGAN.COM,
OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION
OF FILES OR EMAIL, ERRORS, DEFECTS,
VIRUSES, DELAYS IN OPERATION
OR TRANSMISSION OR ANY FAILURE
OF PERFORMANCE, WHETHER OR NOT
RESULTING FROM ACTS OF GOD, COMMUNICATIONS
FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO WWW.JDONEGAN.COM'
RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF WWW.JDONEGAN.COM,
WHETHER IN CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE, WHETHER
ACTIVE, PASSIVE OR IMPUTED),
PRODUCT LIABILITY, STRICT LIABILITY
OR OTHER THEORY, ARISING OUT
OF OR RELATING TO THE USE OF
THE SITE EXCEED ANY COMPENSATION
YOU PAY, IF ANY, TO WWW.JDONEGAN.COM
FOR ACCESS TO OR USE OF THE SITE.
Applicable Law and Venue Any
dispute relating in any way to
your use of the Site or the Www.jdonegan.com
Content shall be submitted to
confidential arbitration in Seattle,
Washington, except that, to the
extent you have in any manner
violated or threatened to violate
Www.jdonegan.com' intellectual
property rights, Www.jdonegan.com
may seek injunctive or other
appropriate relief in any state
or federal court in the State
of Washington, and you consent
to exclusive jurisdiction and
venue in such courts. Arbitration
under this provision shall be
conducted by a single arbitrator
under the rules then prevailing
of the American Arbitration Provision.
The arbitrator's award shall
be binding and may be entered
as a judgment in any court of
competent jurisdiction. To the
fullest extent permitted by applicable
law, no arbitration under this
Agreement shall be joined to
an arbitration involving any
other party subject to the Site
Terms, whether through class
arbitration proceedings or otherwise.
Termination
Notwithstanding any of these
Site Terms, Www.jdonegan.com
reserves the right, without notice
and in its sole discretion, to
terminate your account and/or
to block your use of the Site.
Miscellaneous Provisions
Any waiver of any provision of
the Site Terms will be effective
only if in writing and signed
by Www.jdonegan.com. If any clause
in these Site Terms is found
to be unenforceable, wherever
possible this will not affect
any other clause and each will
remain in full force and effect.
Any rights not expressly granted
herein are reserved. Changes
to Site Terms
Www.jdonegan.com reserves the
right to change any of the terms
and conditions contained in the
Site Terms or any policy or guideline
of the Site, at any time and
in its sole discretion. When
we make changes, we will revise
the "last updated" date
at the top of the Site Terms.
Any changes will be effective
immediately upon posting on the
Site. Your continued use of the
Site following the posting of
changes will constitute your
acceptance of such changes. We
encourage you to review the Site
Terms whenever you visit one
of our websites.