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Blog (Web Log) Terms, Con­di­tions and Rules

Restric­tions on Use of Materials

The con­tents of “forums” devel­oped by Donlen are pro­tected by copy­right and trade­mark laws, and are the prop­erty of Donlen. Unless we say oth­er­wise, you may access the mate­ri­als located within this Web Site only for your per­sonal use. This means you may down­load one copy of posted mate­ri­als on a sin­gle com­puter for per­sonal, non-commercial home use only, so long as you nei­ther change nor delete any author attri­bu­tion, trade­mark, leg­end or copy­right notice. When you down­load copy­righted mate­r­ial, you do not obtain any own­er­ship rights in that material.

You may not mod­ify, copy, pub­lish, dis­play, trans­mit, adapt or in any way exploit the con­tent of this Web Site. Only if you obtain prior writ­ten con­sent from us-and from all other enti­ties with an inter­est in the rel­e­vant intel­lec­tual property-may you pub­lish, dis­play or com­mer­cially exploit any mate­r­ial from this Web Site. You must abide by all addi­tional copy­right notices or other restric­tions con­tained in this Web Site.

You may not use spi­ders, robots, data min­ing tech­niques or other auto­mated devices or pro­grams to cat­a­log, down­load or oth­er­wise repro­duce, store or dis­trib­ute con­tent avail­able on this Web Site. You may not take any action to inter­fere with, or dis­rupt, this Web Site, cir­cum­vent secu­rity mea­sures or attempt to exceed the lim­ited autho­riza­tion and access granted to you under these terms and conditions.

Forums

A “forum” means any blog, mes­sage board, chat room, user review forum or other inter­ac­tive ser­vice appear­ing on this Web Site and includes both pub­lic boards and pri­vate fold­ers. You must reg­is­ter in accor­dance with instruc­tions that you will find on this Web Site in order to con­tribute to any forum and com­ply with the House Rules or other accept­able use pol­icy. You may not post on any forum, or send to any other forum user or our employee, any mate­r­ial that is abu­sive, vul­gar, threat­en­ing, harass­ing, libelous, defam­a­tory, obscene, invades a person’s pri­vacy, vio­lates any intel­lec­tual or other prop­erty rights, or that would oth­er­wise vio­late any law. You may not use any forum in a com­mer­cial man­ner. You may not post mate­r­ial that solic­its funds, or that adver­tises or solic­its goods or ser­vices. You may not post mate­r­ial known to be false. You may not post mes­sages that con­tain stock touts. You may not post or trans­mit any infor­ma­tion, soft­ware or other mate­r­ial that con­tains a virus or other harm­ful component.

We are not respon­si­ble for mate­r­ial appear­ing in any forum on this Web Site, except for mate­r­ial signed by one of our iden­ti­fied rep­re­sen­ta­tives. We are not respon­si­ble for screen­ing mate­r­ial posted by users for libel, obscen­ity, inva­sion of pri­vacy, copy­right or trade­mark infringe­ment, accu­racy, or for any other rea­son. We retain, how­ever, the right to reject, mod­ify or remove mes­sages or other mate­r­ial that we, in our sole dis­cre­tion, con­sider infring­ing, offen­sive, abu­sive, defam­a­tory, obscene, stale, or oth­er­wise unac­cept­able or that vio­late Donlen poli­cies, these Terms and Con­di­tions or any other agree­ments between the user and Donlen and/or its related enti­ties. We also reserve the right to edit mate­ri­als for any other rea­son. Whether or not we mod­ify or remove such mate­r­ial, users remain solely respon­si­ble for the con­tent of their mes­sages or postings.

By post­ing on this Web Site, you grant (or war­rant that the owner of such rights has expressly granted) us and/or rel­e­vant affil­i­ated com­pa­nies the world­wide, per­pet­ual, nonex­clu­sive right to use your ques­tions, com­ments, and post­ings, in their orig­i­nal or edited form, in books, arti­cles, com­men­taries, or in any other medium now known or later devel­oped. You also war­rant that you own or oth­er­wise con­trol all of the rights to the con­tent you have posted and that the pub­lic post­ing and use of such con­tent by us will not infringe the rights of any third party. Addi­tion­ally, you war­rant that any “moral rights” in posted mate­ri­als have been waived.
You are not enti­tled to any com­pen­sa­tion for any mate­ri­als you may post on this Web Site.

Reg­is­tra­tion

If you access this Web Site anony­mously, you may do so as a vis­i­tor and will not be required to pro­vide per­son­ally iden­ti­fi­able infor­ma­tion. How­ever, in order to access cer­tain ser­vices on this Web Site, you will be required to pro­vide spe­cific infor­ma­tion. All infor­ma­tion about you must be truth­ful, and you may not use any aliases or other means to mask your true iden­tity. Screen names or IDs may not be offen­sive, decep­tive or vio­late any other party’s rights. Any access codes or pass­words pro­vided should be safe­guarded at all times. You are respon­si­ble for the secu­rity of your access codes and pass­words and will be solely liable for any use or unau­tho­rized use under such access codes or passwords.

We may, at our dis­cre­tion, sus­pend or ter­mi­nate the reg­is­tra­tion of any forum user or gen­eral user who vio­lates any of these terms and con­di­tions of use, any of the forum mem­ber guide­lines or for any other behav­ior that we in our dis­cre­tion believe is inappropriate.

No Per­sonal Advice

The infor­ma­tion con­tained in or made avail­able through this Web Site (includ­ing but not lim­ited to infor­ma­tion con­tained on blogs, mes­sage boards, in text files, or in chats) can­not replace or sub­sti­tute for the ser­vices of trained pro­fes­sion­als in any field, includ­ing, but not lim­ited to, engi­neer­ing, con­struc­tion, finan­cial, med­ical, or legal mat­ters. We and our licen­sors or sup­pli­ers make no rep­re­sen­ta­tions or war­ranties con­cern­ing any the infor­ma­tion offered or pro­vided within or through this Web Site. Nei­ther we nor our part­ners, or any of their affil­i­ates, will be liable for any direct, indi­rect, con­se­quen­tial, spe­cial, exem­plary or other dam­ages that may result, includ­ing but not lim­ited to eco­nomic loss, injury, ill­ness or death.

Indem­nity

You agree to defend, indem­nify and hold us harm­less, and our offi­cers, direc­tors, employ­ees and agents, from and against any and all claims, dam­ages, oblig­a­tions, losses, lia­bil­i­ties, costs or debt, and expenses (includ­ing but not lim­ited to attorney’s fees) aris­ing from: (i) any breach by you of any of these terms and con­di­tions, (ii) your con­tent and mate­ri­als, (iii) your use of mate­ri­als or fea­tures avail­able on this Web Site (except to the extent a claim is based upon infringe­ment of a third party right by mate­ri­als cre­ated by us) or (iv) a vio­la­tion by you of applic­a­ble law or any agree­ment or terms with a third party to which you are subject.

Dig­i­tal Mil­len­nium Copy­right Act (“DMCA”) Notice

Mate­ri­als may be made avail­able via this Web Site by third par­ties not within our con­trol. We are under no oblig­a­tion to, and do not, scan con­tent used in con­nec­tion with this Web Site for the inclu­sion of ille­gal or imper­mis­si­ble con­tent. How­ever, we respect the copy­right inter­ests of oth­ers. It is our pol­icy not to per­mit mate­ri­als known by us to infringe another party’s copy­right to remain on this Web Site.
If you believe any mate­ri­als on this Web Site infringe a copy­right, you should pro­vide us with writ­ten notice that at a min­i­mum contains:

  1. A phys­i­cal or elec­tronic sig­na­ture of a per­son autho­rized to act on behalf of the owner of an exclu­sive right that is allegedly infringed;
  2. 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;
  3. Iden­ti­fi­ca­tion of the mate­r­ial that is claimed to be infring­ing or to be the sub­ject of infring­ing activ­ity 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;
  4. Infor­ma­tion rea­son­ably suf­fi­cient to per­mit us to con­tact the com­plain­ing party, such as an address, tele­phone num­ber, and, if avail­able, an elec­tronic mail address at which the com­plain­ing party may be contacted;
  5. A state­ment that the com­plain­ing party has a good faith belief that use of the mate­r­ial in the man­ner com­plained of is not autho­rized by the copy­right owner, its agent, or the law; and
  6. A state­ment that the infor­ma­tion in the noti­fi­ca­tion is accu­rate, and under penalty of per­jury, that the com­plain­ing party is autho­rized to act on behalf of the owner of an exclu­sive right that is allegedly infringed.

All DMCA notices should be sent to our des­ig­nated agent as fol­lows:
Ken­neth K. Dort
McGuire­Woods LLP
77 West Wacker Drive
Suite 4100
Chicago, IL 60601–1818
312.321.7665 (Direct Line)
312.698.4574 (Direct FAX)
kdort@mcguirewoods.com

It is our pol­icy to ter­mi­nate rela­tion­ships regard­ing con­tent with third par­ties who repeat­edly infringe the copy­rights of others.

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