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AGREEMENT BETWEEN USER AND BlueBean RFID Consulting and
Services
The BlueBean RFID Consulting and Services Web Site is comprised of various Web
pages operated by BlueBean RFID Consulting and Services.
The BlueBean RFID Consulting and Services Web Site is offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the BlueBean RFID Consulting and
Services Web Site constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
BlueBean RFID Consulting and Services reserves the right to change the terms,
conditions, and notices under which the BlueBean RFID Consulting and Services
Web Site is offered, including but not limited to the charges associated with
the use of the BlueBean RFID Consulting and Services Web Site.
LINKS TO THIRD PARTY SITES
The BlueBean RFID Consulting and Services Web Site may contain links to other
Web Sites ("Linked Sites"). The Linked Sites are not under the control of
BlueBean RFID Consulting and Services and BlueBean RFID Consulting and Services
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. BlueBean RFID Consulting and Services is not responsible for
webcasting or any other form of transmission received from any Linked Site.
BlueBean RFID Consulting and Services is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by
BlueBean RFID Consulting and Services of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BlueBean RFID Consulting and Services Web
Site, you warrant to BlueBean RFID Consulting and Services that you will not
use the BlueBean RFID Consulting and Services Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not use
the BlueBean RFID Consulting and Services Web Site in any manner which could
damage, disable, overburden, or impair the BlueBean RFID Consulting and
Services Web Site or interfere with any other party's use and enjoyment of the
BlueBean RFID Consulting and Services 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 BlueBean RFID Consulting and Services Web
Sites.
USE OF COMMUNICATION SERVICES
The BlueBean RFID Consulting and Services 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 software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
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.
BlueBean RFID Consulting and Services has no obligation to monitor the
Communication Services. However, BlueBean RFID Consulting and Services reserves
the right to review materials posted to a Communication Service and to remove
any materials in its sole discretion. BlueBean RFID Consulting and Services
reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
BlueBean RFID Consulting and Services 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 BlueBean
RFID Consulting and Services's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. BlueBean RFID
Consulting and Services does not control or endorse the content, messages or
information found in any Communication Service and, therefore, BlueBean RFID
Consulting and Services 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 BlueBean RFID
Consulting and Services spokespersons, and their views do not necessarily
reflect those of BlueBean RFID Consulting and Services.
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 BlueBean RFID Consulting and Services
OR POSTED AT ANY BlueBean RFID Consulting and Services WEB SITE
BlueBean RFID Consulting and Services does not claim ownership of the materials
you provide to BlueBean RFID Consulting and Services (including feedback and
suggestions) or post, upload, input or submit to any BlueBean RFID Consulting
and Services Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting BlueBean RFID Consulting and Services, 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. BlueBean RFID Consulting and Services is under no obligation
to post or use any Submission you may provide and may remove any Submission at
any time in BlueBean RFID Consulting and Services'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 BlueBean RFID Consulting and Services WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. BlueBean RFID Consulting and Services AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BlueBean RFID Consulting and
Services WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BlueBean RFID Consulting
and Services 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.
BlueBean RFID Consulting and Services 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 BlueBean RFID Consulting and Services 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. BlueBean RFID Consulting and
Services 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 BlueBean
RFID Consulting and Services 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 BlueBean RFID Consulting and Services WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE BlueBean RFID Consulting and Services 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 BlueBean
RFID Consulting and Services WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE BlueBean RFID Consulting and Services WEB SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BlueBean RFID
Consulting and Services 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 BlueBean RFID Consulting and Services WEB SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
BlueBean RFID Consulting and Services WEB SITE.
SERVICE CONTACT : greggm@magtech.com
TERMINATION/ACCESS RESTRICTION
BlueBean RFID Consulting and Services reserves the right, in its sole
discretion, to terminate your access to the BlueBean RFID Consulting and
Services 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 Indiana, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in Hamilton County, Indiana, U.S.A. in all disputes arising out of or relating to the use of the
BlueBean RFID Consulting and Services Web Site. Use of the BlueBean RFID
Consulting and Services 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 BlueBean
RFID Consulting and Services as a result of this agreement or use of the
BlueBean RFID Consulting and Services Web Site. BlueBean RFID Consulting and
Services's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of BlueBean
RFID Consulting and Services's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the BlueBean RFID
Consulting and Services Web Site or information provided to or gathered by
BlueBean RFID Consulting and Services 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 BlueBean RFID
Consulting and Services with respect to the BlueBean RFID Consulting and
Services Web Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and
BlueBean RFID Consulting and Services with respect to the BlueBean RFID
Consulting and Services 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 BlueBean RFID Consulting and Services Web Site are:
Copyright 2002-2006 BlueBean LLC 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.
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