Kitsap SEED Web Site Terms of Use
TERMS OF USE and NOTICES
AGREEMENT BETWEEN USER AND Kitsap SEED
The Kitsap SEED Website is comprised of various Web pages operated by KITSAP SEED.
The KITSAP SEED Websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the KITSAP SEED Website constitutes your agreement to all such terms, conditions, and notices. Your use of a particular KITSAP SEED Website included within the KITSAP SEED Website may also be subject to additional terms outlined elsewhere in this agreement.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular KITSAP SEED Website, then these terms shall control.
MODIFICATION OF THESE TERMS OF USE
Kitsap SEED reserves the right to change the terms, conditions, and notices under which KITSAP SEED Sites/Services are offered, including but not limited to the charges associated with the use of the KITSAP SEED Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the KITSAP SEED Sites/Services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the KITSAP SEED Sites/Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the KITSAP SEED Sites/Services without written consent.
LINKS TO THIRD PARTY SITES
The KITSAP SEED Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of KITSAP SEED and KITSAP SEED 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. KITSAP SEED is not responsible for webcasting or any other form of transmission received from any Linked Site nor is KITSAP SEED responsible if the Linked Site is not working appropriately. KITSAP SEED is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KITSAP SEED of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
However, if the linked site contains inappropriate materials, let us know by email and the linked site will be removed from the KITSAP SEED Website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the KITSAP SEED Sites/Services, you will not use the KITSAP SEED Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the KITSAP SEED Sites/Services in any manner which could damage, disable, overburden, or impair any KITSAP SEED Site/Service(s) (or the network(s) connected to any KITSAP SEED Site/Service(s)) or interfere with any other party's use and enjoyment of any KITSAP SEED Site/Service(s). You may not attempt to gain unauthorized access to any KITSAP SEED Site/Service, other accounts, computer systems or networks connected to any KITSAP SEED Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the KITSAP SEED Sites/Services.
LIABILITY DISCLAIMER
The information and services included in or available through the Kitsap SEED sites/services may include inaccuracies or typographical errors. Changes are periodically made to the Kitsap SEED sites/services and to the information therein. Kitsap SEED and/or its respective suppliers may make improvements and/or changes in the Kitsap SEED sites/services at any time. Advice received via the Kitsap SEED sites/services 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.
Kitsap SEED makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Kitsap SEED sites/services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. Kitsap SEED and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
You specifically agree that Kitsap SEED shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an Kitsap SEED site/service. You specifically agree that Kitsap SEED is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
In no event shall Kitsap SEED be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, arising out of or in any way connected with the use or performance of the Kitsap SEED sites/services, with the delay or inability to use the Kitsap SEED sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Kitsap SEED sites/services, or otherwise arising out of the use of the Kitsap SEED sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if Kitsap SEED 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 Kitsap SEED sites/services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Kitsap SEED sites/services.
TERMINATION/ACCESS RESTRICTION
KITSAP SEED reserves the right, in its sole discretion, to terminate your access to any or all KITSAP SEED Sites/Services and the related services or any portion thereof at any time, without notice.
KITSAP SEED shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
GENERAL
This agreement is governed by the laws of the State of Washington, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Pierce County, Washington, USA in all disputes arising out of or relating to the use of the KITSAP SEED Sites/Services. Use of the KITSAP SEED Sites/Services 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 KITSAP SEED as a result of this agreement or use of the KITSAP SEED Sites/Services. You agree to indemnify and hold KITSAP SEED, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the KITSAP SEED Sites/Services. KITSAP SEED reserves the right to disclose any personal information about you or your use of the KITSAP SEED Sites/Services, including its contents, without your prior permission if KITSAP SEED has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and de fend the rights or property of KITSAP SEED or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. KITSAP SEED's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KITSAP SEED's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the KITSAP SEED Sites/Services or information provided to or gathered by KITSAP SEED 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 KITSAP SEED with respect to the KITSAP SEED Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KITSAP SEED with respect to the KITSAP SEED Sites/Services. 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.