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 | Terms of Use |  |
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Version posted on August 21, 2000 |
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In exchange for access to and the right to use ScrapConnect
and any information contained therein, User agrees to be bound by the terms of access
and use set forth
below. |
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SCOPE OF USE |
Use Constitutes Acceptance of Terms
User accepts the
terms in this Agreement (the "Terms") for accessing or using
ScrapConnect or its contents, effective as of the date on which User accepts this User
Agreement by electronically checking the appropriate box at the end of this Agreement. DJJ reserves the
right in its sole discretion to modify, alter or update the Terms at any time by written notice
or by updating a posting of these Terms in ScrapConnect. If and when Terms are
posted, User
shall regularly review the Terms to obtain timely notice of such changes. Use of ScrapConnect
constitutes acceptance of, and agreement to be bound by, the Terms and any modifications,
alterations or updates thereto. |
| Term |
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DJJ may terminate, restrict or interrupt use of
ScrapConnect without notice to User if, in DJJ's sole discretion, DJJ determines that
User fails to comply with the Terms
or for any other reason whatsoever.
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| Upon termination of access by DJJ, User is no longer
authorized to use ScrapConnect; provided, however, that the restrictions imposed upon User's
use of content,
disclaimers, limitations of liabilities and legal procedures shall survive the termination. |
| Restrictions and
Non-Assignability
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| Use of ScrapConnect, and/or the
Password, is limited to User. User's right to use ScrapConnect cannot be assigned or transferred to another party
without prior written
consent of DJJ. |
| Legitimate Use
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| Use is limited to viewing and using ScrapConnect's
content and data solely for legitimate business purposes. |
| Indemnification
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| User shall indemnify, defend and hold
harmless DJJ, its officers, directors, employees, agents, and licensors, from and against all losses, expenses,
damages and costs,
including reasonable attorneys' fees, resulting from any violation of this Agreement or any
activity related to the use of ScrapConnect or its contents (including negligent or wrongful
conduct) by User or any third party using ScrapConnect or its contents through User's
access
rights. |
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DISCLAIMER AND LIMITATIONS ON LIABILITY |
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Information and Operation
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| While effort has been made
to make ScrapConnect and its content helpful, accurate, complete and current, DJJ does not warrant the content of
ScrapConnect due to factors
including but not limited to the accessibility of ScrapConnect, the potential for errors in
the storage and transmission of digital information and the inclusion of information obtained
from independent parties. |
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DJJ DOES NOT WARRANT THAT THE CONTENT WILL BE ACCURATE, RELIABLE,
CURRENT, COMPLETE, TIMELY, FREE OF ERRORS, THAT DEFECTS IN THE CONTENT OF ScrapConnect WILL BE
CORRECTED, OR THAT USE OF ScrapConnect WILL BE UNINTERRUPTED OR WITHOUT DELAYS. |
| "As Is" and "As is Available" |
| Use
of ScrapConnect is at User's own risk. The content may include technical or
operational inaccuracies or clerical errors. It is User's responsibility to independently
verify any content before relying thereon. |
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THE CONTENT OF THIS SITE AND IN ANY LINKS ARE PROVIDED
"AS IS" AND ON AN "AS IS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. DJJ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY,
NON-INFRINGEMENT, COMPATIBILITY, SECURITY, FREEDOM FROM ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS
OR ANY OTHER ALLEGED PROBLEMS WITH THE CONTENT OR OPERATION OF ScrapConnect. |
| Links to Other Sites
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| For the convenience of User,
ScrapConnect may include computer links or hypertext providing access to other third party internet sites ("Links"). |
| DJJ IS NOT
RESPONSIBLE FOR THE CONTENT OR OPERATION OF THIRD PARTY SITES OR ANY LINKS. DJJ IS NOT LIABLE
FOR ANY
INJURY OR DAMAGE RESULTING FROM User's USE OF ANY LINKS. |
| Limitations on Liability
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| Neither DJJ nor any other
party involved in creating, delivering, or producing ScrapConnect or its content is liable for any direct, indirect, incidental,
consequential
or punitive damages arising out of User's use or inability to use ScrapConnect or its content. DJJ
also assumes no responsibility, and shall not be liable, for any damage to User's computer
hardware or software, data loss or corruption of other assets resulting from or relating to
User's
use of ScrapConnect, regardless of whether such liability is based in tort, contract or otherwise.
DJJ shall not be liable for any interruption or delay experienced in obtaining access to
ScrapConnect or its contents, whatever the cause. |
| IF User IS DISSATISFIED WITH, OR IS INJURED
OR DAMAGED BY, ScrapConnect CONTENT, OR ANY TERMS OF USE, User's SOLE AND EXCLUSIVE REMEDY IS
TO TERMINATE USE OF ScrapConnect. |
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INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS |
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Site
and Content
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| User shall assume that the text, graphics and other content of
ScrapConnect that is provided by DJJ ("DJJ Content") is proprietary, copyrighted or
subject to
trademark, service mark, or other intellectual property or other protections, unless otherwise noted, and
may not be used except as provided in these Terms or in the text of ScrapConnect. DJJ
authorizes User to make copies of the DJJ Content only as necessary for User's own
internal business
purposes as contemplated herein. Any copy made of any DJJ Content must retain intact any copyright
notices or other references to DJJ. |
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LEGAL PROCEDURES |
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Choice of Law and Forum; Limitations on Actions
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| This
Agreement is governed by the laws of the State of Ohio applicable to
agreements made and to be performed in the State of Ohio, excluding any conflict or choice of law
rules or principles. User may bring legal action against DJJ in the state or federal courts sitting
in Hamilton County, Ohio having subject matter jurisdiction, and in no other courts. User
submits, and waives objection to, the personal jurisdiction of said courts. Any cause
or
action User may have against DJJ must be commenced within one (1) year after the cause of
action arises or the cause of action is barred. DJJ's failure to enforce strict performance of
any Terms shall not be construed as a waiver of any rights hereunder. Neither the course of
conduct between the parties nor trade practice shall act to modify any provision of this
Agreement. |
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