Terms Of Use

AGREEMENT BETWEEN USER AND The North Shore Technology Council

The North Shore Technology Council Web Site is comprised of various Web pages operated by The North Shore Technology Council.

The North Shore Technology Council Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the North Shore Technology Council Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

The North Shore Technology Council reserves the right to change the terms, conditions, and notices under which the North Shore Technology Council Web Site is offered, including but not limited to the charges associated with the use of the North Shore Technology Council Web Site.

LINKS TO THIRD PARTY SITES

The The North Shore Technology Council Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of The North Shore Technology Council and The North Shore Technology Council 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. The North Shore Technology Council is not responsible for webcasting or any other form of transmission received from any Linked Site. The North Shore Technology Council is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The North Shore Technology Council of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the North Shore Technology Council Web Site, you warrant to The North Shore Technology Council that you will not use the North Shore Technology Council Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the North Shore Technology Council Web Site in any manner which could damage, disable, overburden, or impair the North Shore Technology Council Web Site or interfere with any other party’s use and enjoyment of the North Shore Technology Council 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 North Shore Technology Council Web Sites.

USE OF COMMUNICATION SERVICES

The North Shore Technology Council 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 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.
• Impersonate any person or entity, including, but not limited to, a North Shore Technology Council employee, or falsely states or otherwise misrepresents your affiliation with a person or entity
• Include personal or identifying information about another person without that person’s explicit consent
• Post, e-mail or otherwise make available content that is false, deceptive, misleading, deceitful, mis-informative, or constitutes “bait and switch”
• Infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• Post, e-mail or otherwise make available content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
• Post, e-mail or otherwise make available content that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the North Shore Technology Council website which are not designated for such purposes; or (2) emailed to North Shore Technology Council users who have requested not to be contacted about other services, products or commercial interests;
• Disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the North Shore Technology Council website, or that otherwise negatively affects other users’ ability to use the North Shore Technology Council website; or
• Employ misleading email addresses, or forged headers or otherwise manipulate identifiers in order to disguise the origin of content transmitted through the North Shore Technology Council website.
• Contact anyone who has asked not to be contacted;
• “Stalk” or otherwise harass anyone;
• Collect personal data about other users for any purpose;
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the North Shore Technology Council website – exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
• Post the same item or service in more than one classified category or forum, or
• Attempt to gain unauthorized access to North Shore Technology Council’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the North Shore Technology Council website.

The North Shore Technology Council has no obligation to monitor the Communication Services. However, The North Shore Technology Council reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The North Shore Technology Council reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The North Shore Technology Council 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 The North Shore Technology Council’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The North Shore Technology Council does not control or endorse the content, messages or information found in any Communication Service and, therefore, The North Shore Technology Council 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 The North Shore Technology Council spokespersons, and their views do not necessarily reflect those of The North Shore Technology Council.

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 The North Shore Technology Council OR POSTED AT ANY The North Shore Technology Council WEB SITE

The North Shore Technology Council does not claim ownership of the materials you provide to The North Shore Technology Council (including feedback and suggestions) or post, upload, input or submit to any The North Shore Technology Council Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The North Shore Technology Council, 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. The North Shore Technology Council is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The North Shore Technology Council’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 North Shore Technology Council WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The North Shore Technology Council AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE North Shore Technology Council WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE North Shore Technology Council 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.

The North Shore Technology Council 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 North Shore Technology Council 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. The North Shore Technology Council 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 The North Shore Technology Council 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 North Shore Technology Council WEB SITE, WITH THE DELAY OR INABILITY TO USE THE North Shore Technology Council 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 North Shore Technology Council WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE North Shore Technology Council WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF The North Shore Technology Council 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 North Shore Technology Council WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE North Shore Technology Council WEB SITE.

SERVICE CONTACT: nstcstaff@gmail.com

TERMINATION/ACCESS RESTRICTION

The North Shore Technology Council reserves the right, in its sole discretion, to terminate your access to the North Shore Technology Council 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 North Shore Technology Council Web Site. Use of the North Shore Technology Council 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 The North Shore Technology Council as a result of this agreement or use of the North Shore Technology Council Web Site. The North Shore Technology Council’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The North Shore Technology Council’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the North Shore Technology Council Web Site or information provided to or gathered by The North Shore Technology Council 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 The North Shore Technology Council with respect to the North Shore Technology Council Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The North Shore Technology Council with respect to the North Shore Technology Council 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 North Shore Technology Council Web Site are: Copyright 2009 by The North Shore Technology Council 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.

PROPRIETARY RIGHTS

The North Shore Technology Council website is protected to the maximum extent permitted by copyright – trademark laws and international treaties. Third Party content displayed on or through the North Shore Technology Council website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You will not reproduce, duplicate or copy content from the North Shore Technology Council website, and will abide by any and all copyright notices displayed on the North Shore Technology Council website. You will not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the North Shore Technology Council website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit any aspect of the North Shore Technology Council website. You grant, and you represent and warrant that you have the right to grant, to North Shore Technology Council an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute content provided to it by you and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

INDEMNITY

You will indemnify and hold North Shore Technology Council, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the North Shore Technology Council website, your use of the North Shore Technology Council website, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

VIOLATIONS OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to nstcstaff@gmail.com. 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. Damages incurred by businesses such as North Shore Technology Council resulting from breach of the Terms are difficult to quantify. You will be liable to pay North Shore Technology Council liquidated damages as follows:

a.       If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree that North Shore Technology Council in its sole discretion may disclose identifying information about you to the victim, and that should North Shore Technology Council bring a claim against you in court, that you will pay North Shore Technology Council Two Thousand Dollars for each such message.

b.      If North Shore Technology Council establishes limits on the frequency with which you may access the North Shore Technology Council website, or terminates your access to or use of the North Shore Technology Council website, you agree to pay North Shore Technology Council Two Hundred Dollars for each message posted in excess of such limits or for each day on which you access North Shore Technology Council website in excess of such limits, whichever is higher.

c.       If you send unsolicited email advertisements to North Shore Technology Council’s email addresses or through North Shore Technology Council’s computer systems, you agree to pay North Shore Technology Council Fifty Dollars for each such email.

d.      If you post messages in violation of these Terms of Use, other than as described above, you agree to pay North Shore Technology Council Two Hundred Dollars for each such message. In its sole discretion, North Shore Technology Council may elect to issue a warning before assessing damages.