Copyright © 1996-2011 by PCG Consulting Group, Inc.
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, without the advance written permission of the publisher, except in the case of a reviewer who may use brief excerpts in a published review. Although commercially reasonable precautions have been taken in the preparation of this book, neither the author nor the publisher assume responsibility for errors or omissions, nor is any duty or liability assumed for any direct or indirect damage that may result from the use of the information contained or derived from the contents herein. Unless otherwise stated, all content, forms and letters shall remain the work product of the author and publisher.
Online Usage Agreement
1. Restrictions on Use. This Service is owned and operated by PCG Consulting Group, Inc. and its affiliated companies and contains material which is derived in whole or in part from material supplied and owned by PCG Consulting Group, Inc., its Service Providers (defined below) and other sources, and is protected by copyright, trademark, and other applicable laws. PCG Consulting Group, Inc. may engage one or more parties to provide content to the PCG Consulting Group, Inc. Web site and/or Internet services, which parties will herein be collectively referred to as “Service Providers.” You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this Service including code and software ("Material"). You may download Material from this Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. In the event that you download Material from the Service, such Material is licensed to you by PCG Consulting Group, Inc., Service Providers or their licensors, and neither PCG Consulting Group, Inc. nor Service Providers, nor their licensors, transfer title to any such Material to you. You agree not to establish a link on another Web site that directs a user to any location at the PCGTELECOM.COM Web site other than the PCGTELECOM.COM home page, which may be found at www.PCGTELECOM.COM. The use of this site is limited to residents of Canada and the United States, if you do not reside in Canada or the United States, PCG Consulting Group, Inc. is not making any offer or solicitation to you.
2. Message Board and Chat Services.
(a) General. Any PCGTELECOM.COM message boards or user commentary areas (the “Message Boards”) and chat areas or (collectively with the Message Boards, the “Community Areas”) that are currently provided or shall be provided are provided as free services. PCG Consulting Group, Inc. reserves the right to change the nature of this relationship at any time. Violation of the terms of this Agreement may result in the termination of your permission to use the Community Areas.
(b) Rules. It is a condition of your use of the Community Areas and this Service that you do not: (i) restrict or inhibit any other user from using and enjoying the Community Areas; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, foreign or international law; (iii) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, bots, worms, Trojan horses or other harmful components; (iv) post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining express written permission from the owner or right holder; (v) post, transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising; (vi) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; (vii) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (viii) resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database; or (viii) use the Service to collect personally identifying information about users of the Service. You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. PCG Consulting Group, Inc., at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.
(e) Content. Communications posted in the Community Areas are provided by users such as yourself who are unaffiliated with PCG Consulting Group, Inc., and the user providing each such Communication is solely responsible for the content thereof. In using the Community Areas, you should not assume that such messages have been reviewed by PCG Consulting Group, Inc., that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party.
(f) Personal Safety. When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.
3. Submissions. PCG Consulting Group, Inc. is pleased to hear from users and welcomes your comments regarding its programs and services. Unfortunately, PCG Consulting Group, Inc.’s company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by PCG Consulting Group, Inc.’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback on our programs and services, we must ask that you do not send original creative materials such as stories, ideas or products. If, at our request, you send certain specific submissions (postings to the Community Areas, or contests), or without a request from us you send creative suggestions, ideas, notes or concepts or other materials, they shall be deemed, and shall remain, the property of PCG Consulting Group, Inc., and shall otherwise be subject to the provisions of Section 2(d), above.
4. Disclaimer of Warranties. PCG Consulting Group, Inc. has provided links and pointers to internet sites maintained by third parties ("third party sites") and may from time to time provide third party materials on this service. Neither PCG Consulting Group, Inc., service providers, their parent or subsidiary companies nor their affiliates or suppliers operate or control in any respect any information, products or services on these third party sites. The materials in this service and the third party sites are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, PCG Consulting Group, Inc. and service providers disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PCGTELECOM.COM nor its service provider(s) warrant that the functions contained in the materials and products will be uninterrupted or error-free, that defects will be corrected, or that this service, including the community areas, or the server that makes them available, are free of viruses or other harmful components. Neither PCGTELECOM.COM nor service providers warrant or make any representations regarding the use or the results of the use of the materials in this service or in third party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You assume all risk of errors and/or omissions in the service, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the service, including the information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You (and not PCG Consulting Group, Inc. or its service providers) assume the entire cost of all necessary maintenance, repair or correction.
5. Limitation of liability. In no event shall PCG Consulting Group, Inc., its service providers, their parent or subsidiary companies nor their affiliates or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of this service or with the delay or inability to use this service, or for any information, software, products and services obtained through this service, or otherwise arising out of the use of this service, whether based on contract, tort, strict liability or otherwise, even if PCGTELECOM.COM, its service providers or any of their affiliates or suppliers has been advised of the possibility of damages. You specifically acknowledge and agree that neither PCGTELECOM.COM, service providers, their parent or subsidiary companies nor their affiliates or suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of this service. Some states, provinces and jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states, provinces and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state, province to province or jurisdiction to jurisdiction.
6. Indemnification. You agree to release, defend, indemnify and hold harmless PCG Consulting Group, Inc., Service Providers, their affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
7. Termination. This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated, suspended, or canceled for any of the following reasons: (a) upon thirty (30) days written notice by any party of its intent to terminate this Agreement; (b) immediately by PCG Consulting Group, Inc. for any unauthorized access or use by you, including, without limitation (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, or (iii) any other access or use of the Service except as expressly provided in this Agreement; or (c) immediately, if you violate the terms and conditions of this Agreement or the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in, or accessed through, the Service. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which PCG Consulting Group, Inc. or Service Providers may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to PCG Consulting Group, Inc. and its licensors.
8. Trademarks. All trademarks, service marks and trade names used on the Service are the property of PCG Consulting Group, Inc. or their respective owners, and may not be copied, downloaded or otherwise exploited without the permission of PCG Consulting Group, Inc. or the owner of such trademark, service mark or trade name.
9. Minors. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to register as a member of the Service, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Service; and (c) the consequences of any use of the Service by such Minor.
10. Child Online Protection Act Notification. Pursuant to 47 U.S.C. Section 230(d) as amended, PCG Consulting Group, Inc. hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/, and at the America Links Up Web site,
11. Infringement Policy. PCG Consulting Group, Inc., on behalf of itself and Service Providers, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license and permission to use the Service if it determines in its sole and absolute discretion that you are involved in any infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. PCG Consulting Group, Inc. and Service Providers accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), PCG Consulting Group, Inc., on behalf of itself and Service Providers, has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:
PCG Consulting Group, Inc.
ATTN: Legal Department
2649 E. Mulberry, Suite 10
Fort Collins, CO 80524
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark, trade secret, privacy, publicity, or other proprietary right, should be sent to our designated agent, listed above, and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
12. Modification. PCG Consulting Group, Inc. reserves the right to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. PCG Consulting Group, Inc. may at any time revise this Agreement by updating this posting on its Web site. By using this Service, you agree to be bound by any such revisions and should therefore periodically visit the PCGTELECOM.COM Web site to determine the then current agreement by which you are bound. Continued use of the Service by you shall be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions.
13. United States Jurisdiction. If you are accessing the Service from outside of the United States you agree to be bound by the following provisions:
(1) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS IN FORCE IN THE STATE OF COLORADO, EXCLUDING ITS CONFLICTS OF LAW RULES. The parties expressly agree to exclude the operation of the United Nations Convention on the International Sale of Goods. YOU HEREBY EXPRESSLY AGREE THAT THE FEDERAL AND STATE COURTS PRESIDING IN FORT COLLINS, COLORADO SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION OF ANY AND ALL CAUSES OF ACTION arising out of or in connection with this Agreement or any use of this Web site, the Service or any products or services provided in connection therewith, and you agree that you shall not commence any legal action against PCG Consulting Group, Inc. except in such courts. The parties expressly waive any claim of lack of jurisdiction or improper venue in any legal proceeding arising out of, in connection with, pursuant or incident, to this Agreement or any use of this Web site, the Service or any products or services provided in connection therewith.
(2) FURTHER, ALL PROCEEDINGS ARISING OUT OF, IN CONNECTION WITH, PURSUANT OR INCIDENT TO, THIS AGREEMENT OR ANY USE OF THIS WEB SITE, THE SERVICE OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH SHALL BE SUBMITTED EXCLUSIVELY TO ARBITRATION IN FORT COLLINS, COLORADO. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association using an arbitrator who is an experienced commercial litigator and who is admitted to practice law before the bar of any state of the United States. The dispute will be determined by one (1) arbitrator acceptable to both parties who shall be selected within seven (7) days of receipt of notice of intention to arbitrate by the other party receiving the notice. If by the end of said seven (7) day period, the parties have not agreed on one (1) arbitrator, then either party may request that the American Arbitration Association appoint the arbitrator. The arbitrator shall be compensated for his/her services at the standard hourly rate charged in their private professional activities. The United States Federal Rules of Civil Procedure shall apply with respect to any arbitration hereunder. The award of the arbitrator shall be accompanied by findings of fact and written statement of reasons for the decision. The parties agree to be bound by the results of this arbitration. Any party may apply to the courts specified above, without waiving any remedy of arbitration, to obtain injunctive or other equitable relief. The arbitration award shall be made within three months of the filing of the notice of intention to arbitrate, and the arbitrator shall agree to comply with this schedule before accepting appointment. The United States Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to this arbitration agreement. The prevailing party shall be entitled to an award of reasonable attorneys’ fees. The arbitrator shall determine how to allocate costs and expenses for the arbitration between the parties. Except as may be required by law, neither the parties nor the arbitrator shall disclose the existence, content or results of any arbitration without the prior written consent of all of the parties.
14. General Matters. Unless otherwise specified, the materials on this Service are presented solely to provide information regarding and to promote PCG Consulting Group, Inc. products and services in Canada and the United States, its territories, possessions and protectorates. PCG Consulting Group, Inc. and Service Providers make no representation that materials on this Service are appropriate or available for use outside Canada or the United States. No software from this Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) any country to which the U.S. has embargoed goods, (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (C) anyone prohibited by the Canadian Export and Import Controls Bureau. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Software from this Service is further subject to Canadian and United States export controls. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of PCG Consulting Group, Inc.. Any assignment other than as provided for in this Section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.