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Acceptance of Terms of Use.
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. The Mayo
Software Company (MayoSoft, LLC) owns and operates this Web, located at http://www.kegtapper.net
and http://www.mayosoftware.us (the Web site). This Terms of Use Agreement
(this Agreement) states the terms and conditions under which you may access and
use the Web site. By accessing and using the Web site you are indicating your
acceptance to be bound by the terms and conditions of this Agreement. If you do
not accept these terms and conditions, you must not access or use the Web site.
IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES
OR PRACTICES OF THE MAYOSOFT OPERATING WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING IT. MayoSoft, USA may revise this Agreement at any time
by updating this posting. Use of the Web site after such changes are posted will
signify your agreement to these revised terms. You should visit this page
periodically to review this Agreement.
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Ownership.
All materials displayed or otherwise accessible through the Web site, including,
without limitation, news articles, text, photographs, images, illustrations,
audio clips, video clips, computer software and code (collectively, the Content)
are protected under United States and foreign copyright or other laws, and are
owned by MayoSoft, its licensors or the party accredited as the provider of the
Content. In addition, the Web site is protected under copyright law as a
collective work and/or compilation pursuant to United States and foreign laws.
You shall abide by all additional copyright notices, information and
restrictions on or contained in any of the Content accessed through the Web
site. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR
DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR
OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN
PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS
WRITTEN PERMISSION OF MAYOSOFT, LLC USA.
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Trademarks.
MAYOSOFT, The Complete Motown Software, Kegtapper, are official marks or
trademarks of the Mayosoft company. Other names, words, titles,
phrases, logos, designs, graphics, icons and trademarks displayed on the Web
site may constitute registered or unregistered trademarks of MayoSoft or third
parties. While certain trademarks of third parties may be used by MayoSoft under
license, the display of third-party trademarks on the Web site should not be
taken to imply any relationship or license between MayoSoft and the owner of
said trademark or to imply that MayoSoft endorses the wares, services or
business of the owner of said trademark. Nothing contained on the Web site
should be construed as granting you any license or right to use any trademark
logo or design of MayoSoft or any third party, without the written permission of
MayoSoft, LLC USA or the respective owner of any third-party trademark.
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DISCLAIMER OF WARRANTIES.
THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEB
SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS
ENTIRELY AT YOUR OWN RISK. MAYOSOFT MAKES NO REPRESENTATIONS OR WARRANTIES
REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO
REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE
ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT,
INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR
SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF
MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF
THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN
THE WEB SITE WILL BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES
OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL
BE SECURE OR NOT INTERCEPTED.
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LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL MAYOSOFT, LLC USA, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE
NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST
PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING
FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING
LIMITATION SHALL APPLY EVEN IF MAYOSOFT KNEW OF OR OUGHT TO HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL MayoSoft, LLC USA, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS
AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN
CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100)EVEN IF MayoSoft, LLC
USA HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL MayoSoft, LLC USA, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS
AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF
MayoSoft, LLC USA OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT
INFORMATION.
MayoSoft, LLC USA EXPRESSLY DISCLAIMS ANY AND ALL
LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB
SITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY
USER). UNDER NO CIRCUMSTANCES SHALL MayoSoft, LLC USA AND ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE
(INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE
ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY
THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE,
CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED
TO OR FROM THE WEB SITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB
SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED
TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE MayoSoft, LLC USA AND ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU
INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR
PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEB SITE
OR BY THIRD PARTIES THROUGH THE WEB SITE.
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