When you use the information, services and products available through puzzleattic.com, you
are agreeing to comply with and be bound by the terms and conditions below. Please review
the following terms carefully. If you do not agree to these terms, you should not use this
site.
Information contained on or made available through the Site is not intended to and does not
constitute legal advice or recommendations under any circumstance.
We do not warrant or guarantee the accurateness, completeness,
adequacy or currency of the information contained in or linked to the Site. Your use of
information on the Site or materials linked to the Site is entirely at your own risk.
The information, services and products available to you at puzzleattic.com may contain
errors and at times, the site may be subject to periods of interruption. Although
puzzleattic.com tries its best to maintain the information, services and products it offers
on the Internet, it does not make any warranty as to the reliability or accuracy or content
of any information, service or merchandise provided through puzzleattic.com.
IF YOU ARE DISSATISFIED WITH THE PUZZLEATTIC.COM WEB SITE, OR ANY PORTION THEREOF, YOUR
EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE PUZZLEATTIC.COM WEB SITE. YOU MAY SEND US AN
E-MAIL USING OUR E-MAIL FORM AND WE WILL DO OUR BEST TO ADDRESS YOUR CONCERNS BUT WE MAKE
NO GAURANTEES.
PUZZLEATTIC.COM PROVIDES THE INFORMATION, SERVICES AND PRODUCTS AVAILABLE ON THIS WEB SITE
"AS IS," WITH ABSOLUTELY NO WARRANTIES. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES,
INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW.
IN NO EVENT SHALL PUZZLEATTIC.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE
USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED
THROUGH THIS WEB SITE, EVEN IF PUZZLEATTIC.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or
damage of any kind resulting in any way from (i) any errors in or omissions from the Site
or any services or products obtainable therefrom, (ii) the unavailability or interruption
of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained
on the Site, or (v) any delay or failure in performance beyond the control of a Covered
Party.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use
the Site strictly in accordance with this Agreement; (b) to use the Site solely for
internal, personal, non-commercial purposes; and (c) to print out discrete information from
the Site solely for internal, personal, non-commercial purposes and provided that you
maintain all copyright and other policies contained therein. No print out or electronic
version of any part of the Site or its contents may be used by you in any litigation or
arbitration matter whatsoever under any circumstances.
Your license for access and use of the Site and any information, materials or documents
(hereinafter “Content and Materials”) therein are subject to the following restrictions and
prohibitions on use: You may not 1) use the Site for the purpose of gathering information
for or transmitting (i) unsolicited commercial email; (ii) email that makes use of headers,
invalid or nonexistent domain names, or other means of deceptive addressing; and
(iii) unsolicited telephone calls or facsimile transmissions; 2) create compilations or
derivative works of any Content and Materials from the Site; 3) copy, print
(except for the express limited purpose permitted by the Limited License section above),
republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make
available in any form or by any means all or any portion of the Site or any Content and
Materials retrieved from it; 4) use the Site in a manner that violates any state or federal
law regulating email, facsimile transmissions or telephone solicitations; 5) use the Site
or any materials obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar resource
(in any media now existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease, rental, subscription, or
any other commercial distribution mechanism 6) remove, change or obscure any copyright
notice or other proprietary notice or terms of use contained in the Site; 7) use any
Content and Materials from the Site in any manner that may infringe any copyright,
intellectual property right, proprietary right, or property right of us or any third parties;
8) make any portion of the Site available through any timesharing system, service bureau,
the Internet or any other technology now existing or developed in the future; 9) remove,
decompile, disassemble or reverse engineer any Site programming or use any network
monitoring or discovery software to determine the Site architecture; 10) use any automatic
or manual process to harvest information from the Site; and 11) export or re-export the
Site or any portion thereof, in violation of the export control laws or regulations of the
United States.
We reserve the right to investigate complaints or reported violations of this Agreement and
to take any action we deem appropriate, including but not limited to reporting any
suspected unlawful activity to law enforcement officials, regulators, or other third
parties and disclosing any information necessary or appropriate to such persons or entities
relating to your personal information, email addresses, usage history, posted materials,
IP addresses and traffic information.
You may provide links to the Site, provided (a) that you do not remove or obscure, by
framing or otherwise, advertisements, the copyright notice, or other notices on the Site,
(b) your site does not engage in illegal or pornographic activities, and (c) you
discontinue providing links to the Site immediately upon request by us.
The Site contains links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites are investigated to
the best of our ability, monitored or checked for accuracy or completeness by us.
However web-sites do change very often and inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web site by us. If you decide to leave our
Site and access these third-party sites, you do so at your own risk.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors,
employees, subcontractors, successors, assigns, third party suppliers of information and
documents, advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense
related to your violation of this Agreement or use of the Site.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible
for ensuring that material submitted for inclusion on the Site is accurate and complies
with applicable laws. We are not responsible for the illegality or any error, inaccuracy or
problems in the advertiser’s or sponsor’s materials.
Third party content may appear on the Site or may be accessible via links from the Site.
Although we do our best to monitor these sites we are not responsible for and assume no
liability for any mistakes, misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions, representations or any
other form of content on the Site. You understand that the information and opinions in the
third party content represent solely the thoughts of the author and is neither endorsed by
nor does it necessarily reflect our belief.
We may allow access to or advertise certain third-party product or service providers
("Merchants") from which you may purchase certain goods or services. You understand that we
do not operate or control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into between you and Merchants. You agree
that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS
FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR
ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
All rules, policies (including privacy policies) and operating procedures of Merchants will
apply to you while on any Merchant sites. We are not responsible for information provided by
you to Merchants. We and the Merchants are independent contractors and neither party has
authority to make any representations or commitments on behalf of the other.
The content, organization, graphics, design, compilation, magnetic translation, digital
conversion and other matters related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of any such matters or any
part of the Site, except as allowed under the Limited License section below, is strictly
prohibited. You do not acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials on the Site does not
constitute a waiver of any right in such information and materials. Some of the content on
the site is the copyrighted work of third parties. Other product and company names
mentioned on the Site may be trademarks of their respective owners. When ever a copyright
notice is not present it will be assumed that the following hold the copyrights.
puzzleattic.com, earthimagephotography.com, John Zinda and Chris Mattison. In the event that
you believe a copyright infrigement has occured please contact us according to the next
paragraph.
We respect the intellectual property of others, and we ask you to do the same. If you
believe that your work has been copied in a way that constitutes copyright infringement,
please provide our Copyright Agent the following information: a) An electronic or physical
signature of the person authorized to act on behalf of the owner of the copyright interest;
b) A description of the copyrighted work that you claim has been infringed;
c) A description of where the material that you claim is infringing is located on the Site;
d) Your address, telephone number, and email address; e) A statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright owner, its agent,
or the law; and f) A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf. g) Our Copyright Agent for Notice of claims of
copyright infringement on the Site can be reached by directing an e-mail to
the editor here.
You agree to comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Site and the Content and Materials
provided therein.
This Agreement shall be treated as though it were executed and performed in Rhinelander,
Wisconsin, and shall be governed by and construed in accordance with the laws of the State
of Wisconsin (without regard to conflict of law principles). Any cause of action by you
with respect to the Site (and/or any information, Documents, products or services related
thereto) must be instituted within one (1) year after the cause of action arose or be
forever waived and barred. All actions shall be subject to the limitations set forth in
this Agreement. The language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against any party. Any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply in interpreting
this Agreement. This Agreement and all incorporated agreements and your information may be
automatically assigned by us in our sole discretion to a third party in the event of an
acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or
unenforceable for any reason, that provision shall be enforced to the maximum extent
permissible, and the other provisions of this Agreement shall remain in full force and
effect. If any provision of this Agreement is held illegal, invalid or unenforceable,
it shall be replaced, to the extent possible, with a legal, valid, and unenforceable
provision that is similar in tenor to the illegal, invalid, or unenforceable provision as
is legally possible. To the extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision. Our rights under this Agreement shall
survive any termination of this Agreement. The title, headings and captions of this
Agreement are provided for convenience only and shall have no effect on the construction of
the terms of this agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or our
services, excluding legal action taken by us relating to Site operations and/or intellectual
property, shall be settled solely by confidential binding arbitration in accordance with
the commercial arbitration rules of JAMS applicable at the time the arbitration commences.
Any such controversy or claim shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any other party. The
arbitration shall be conducted in Rhinelander, Wisconsin. Each party shall bear its own
attorneys' fees. Each party shall bear one-half of the arbitration fees and costs incurred.