AGREEMENT BETWEEN USER AND MiCAL
The MiCAL Web Site is comprised of various Web pages operated by
MiCAL.
The MiCAL Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the MiCAL Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
MiCAL reserves the right to change the terms, conditions, and notices under
which the MiCAL Web Site is offered, including but not limited to the
charges associated with the use of the MiCAL Web Site.
LINKS TO THIRD PARTY SITES
The MiCAL Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of MiCAL and MiCAL 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.
MiCAL is not responsible for webcasting or any other form of transmission
received from any Linked Site. MiCAL is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by
MiCAL of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the MiCAL Web Site, you warrant to MiCAL
that you will not use the MiCAL Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use the
MiCAL Web Site in any manner which could damage, disable, overburden, or
impair the MiCAL Web Site or interfere with any other party's use and
enjoyment of the MiCAL Web Site. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available
or provided for through the MiCAL Web Sites.
USE OF COMMUNICATION SERVICES
The MiCAL Web Site 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:
- Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and publicity) of
others.
- Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
- Upload files that contain software or other
material protected by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have received all
necessary consents.
- Upload files that contain viruses, corrupted
files, or any other similar software or programs that may damage the operation
of another's computer.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication Service
specifically allows such messages.
- Conduct or forward surveys, contests, pyramid
schemes or chain letters.
- Download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot be
legally distributed in such manner.
- Falsify or delete any author attributions,
legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is
uploaded.
- Restrict or inhibit any other user from using
and enjoying the Communication Services.
- Violate any code of conduct or other
guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about
others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
MiCAL has no obligation to monitor the Communication Services. However,
MiCAL reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. MiCAL reserves
the right to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
MiCAL 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 MiCAL's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. MiCAL does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, MiCAL 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 MiCAL spokespersons, and their views do not necessarily reflect
those of MiCAL.
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 MiCAL OR POSTED AT ANY MiCAL WEB SITE
MiCAL does not claim ownership of the materials you provide to MiCAL
(including feedback and suggestions) or post, upload, input or submit to any
MiCAL Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting MiCAL, 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. MiCAL is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in MiCAL'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.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE MiCAL WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MiCAL
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MiCAL WEB
SITE AT ANY TIME. ADVICE RECEIVED VIA THE MiCAL WEB SITE 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.
MiCAL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MiCAL
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MiCAL AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MiCAL
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 MiCAL WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE MiCAL WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MiCAL WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MiCAL WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
MiCAL 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
MiCAL WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE MiCAL WEB SITE.
SERVICE CONTACT : coacs@coacs.com
TERMINATION/ACCESS RESTRICTION
MiCAL reserves the right, in its sole discretion, to terminate your access
to the MiCAL Web Site and the related services or any portion thereof at
any time, without notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Washington, U.S.A. and you
hereby consent to the exclusive jurisdiction and venue of courts in King County,
Washington, U.S.A. in all disputes arising out of or relating to the use of the
MiCAL Web Site. Use of the MiCAL Web Site 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
MiCAL as a result of this agreement or use of the MiCAL Web Site.
MiCAL's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of
MiCAL's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the MiCAL Web Site or
information provided to or gathered by MiCAL 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 MiCAL with
respect to the MiCAL Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and MiCAL with respect to the MiCAL Web
Site. 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 an d subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the MiCAL Web Site are: Copyright © 2024
CoAcS Ltd
and/or its suppliers. All
rights reserved.
TRADEMARKS
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 under United States copyright law 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.