and Copyright Notice
available under the domain www.h2oaccess.com (the 'Site'). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement is effective upon acceptance in registration for new applicants, and is otherwise effective on July 1, 2008 for all listings.
1. Listing Eligibility.
You must be an individual of legal age or a legal business owner or representative to list your information with us or apply for membership. Our member and listing services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended h2oaccess.com businesses or individuals. Further, your h2oaccess.com account and User ID may not be transferred or sold to another party. If you are registering as a entity, you represent that you have the authority to bind the entity to this Agreement. h2oaccess.com reserves the right to refuse listing registration to anyone, solely at our own discretion, if we feel that an applicant's services are inferior, inappropriate or may harm the integrity of h2oaccess.com and it's other business listings for any reason.
2. h2oaccess.com is a Venue.
h2oaccess.com is not a traditional business or a representative of one. Instead, the Site acts as a venue that allows members and businesses the opportunity to publish their information and describe their services at anytime, from anywhere. We have no control over the quality or legality of the listings or services advertised or the truth or accuracy of listing information.
Because we are a venue, in the event that you have a dispute arising from sales initiated by information published on h2oaccess.com, you release h2oaccess.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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.
4. Information Control.
We do not control the information provided by members or businesses that is made available through our system. While we strive to encourage clear and honest listings on the Site, you may find some business information to be inaccurate, or deceptive. h2oaccess.com is not responsible for the acts or omissions in listings on the Site.
Without limiting any other remedies, h2oaccess.com may suspend or terminate your membership or business listing if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
h2oaccess.com will remove members or businesses that infringe upon the copyright, trademark or other rights of third parties. Rights owners can report infringments, and request that such references be removed.
'Your Information' is defined as any information you provide to us in registration as a member or business. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
8. Restricted Activities.
Your Information and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve illegal sales; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include. Furthermore, you may not list any services on the Site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation.
You may not take any actions that may undermine the integrity of the Site. If we receive substantial member or customer complaints you may be suspended, and you may be unable to list.
Without limiting other remedies, we may limit your activity, immediately remove your business listing or member priveledges, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your business listing or membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our business listings or us.
We do not sell or rent your personal information to third parties for any reason and we only use your information as described in this Agreement to provide business listing and member services. We view the protection of your privacy as a very important community principle.
We understand clearly that you and your information are some of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.
13. No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES 'AS IS' AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
14. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
16. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing of services.
17. Copyright Notice.
The materials displayed on the h2oaccess.com Site including, without limitation, all programs, scripting, formatting, web site architecture, all documents, informational text, photographs, illustrations, and other graphic materials and names, logos, trademarks and service marks, are the property of h2oaccess.com, its suppliers, developers, or licensors and are protected by patent, copyright, trademark, and other intellectural property laws.
Any such content may be displayed and printed solely for your personal use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to anyone without the express prior written consent of h2oaccess.com, its suppliers, developers and/or licensors.
18. No Agency.
You and h2oaccess.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
This Agreement shall be governed in all respects by the laws of the State of Oregon as such laws are applied to agreements entered into and to be performed entirely within Oregon between Oregon residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by h2oaccess.com in our sole discretion. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections shall survive any termination or expiration of this Agreement.
The services hereunder are offered by h2oaccess.com, located at PO Box 930 Baker City, Oregon 97814.
Disputes between you and h2oaccess.com regarding our services may be reported by using our Contact Page