The Buwalda Hybrids International website, located at www.buwaldahybrids.com, and all of the content herein, is 100% owned, operated, maintained/updated, and financed by Scott Buwalda for personal use. By using this website, you hereby agree to the following Terms of Use.
Terms of Use
Your use of www.buwaldahybrids.com (the "Website") constitutes
your acceptance and agreement with these Terms of Use, which may be changed from
time to time. Updated versions of the Terms of Use will appear on this Website
and are effective immediately. You are responsible for regularly reviewing the
Terms of Use. Continued use of the Website after any such changes constitutes
your consent to such changes.
This Website is made available by Scott Buwalda and all content and
information provided on or through the Website may be used solely under the
following terms and conditions:
Use of Website and Materials
The Website contains information, content or advertisements text, photographs,
designs, graphics, images, sound and video recordings, animation and other
materials and effects (collectively, the "Materials") that are protected by
copyrights, trademarks, service marks, trade dress or other intellectual or
proprietary rights owned by Scott Buwalda or other third parties. All
trademarks and copyrighted information contained on the Website are the property
of their respective owners. You may not remove from any electronic or printed
copy any copyright, trademark, or other proprietary notice.
This Website and the Materials on this Website are provided for your individual,
non-commercial use. Any other use of the Website or the Materials is strictly
prohibited, including without limitation, modification, republication, deletion,
transmission, public performance, distribution, proxy caching, uploading,
posting, reproduction, redistribution or any other dissemination without the
express written permission of Scott Buwalda or the applicable rights holder.
The Materials on the Website may not be used by third parties for telemarketing,
direct marketing, commercial mass e-mail or by agents or representatives or
e-mail spammers. You may not decompile, reverse engineer, disassemble, rent,
lease, loan, sell, sublicense, or create derivative works from the Website or
the Material. Nor may you use any network monitoring or discovery software to
determine the site architecture, or extract information about usage or users.
Any permitted use of the Website does not extend to using the Website or
Materials for any illegal purpose, or to transmit to or through the Website or
to or through any service any illegal, harmful, threatening, defamatory,
obscene, hateful, pornographic or other objectionable material of any kind, or
to interfere with, abuse or otherwise violate the legal rights of any third
party using the Website or Materials.
License
By virtue of your use of this Website you are granted a nonexclusive,
nontransferable, revocable, limited license to access and use the Website and
Materials in accordance with these Terms of Use. Scott Buwalda may terminate
this license at any time for any reason. By using the Website, uploading content
to or submitting any materials for use on the Website, you grant (or warrant
that the owner of such rights has expressly granted) Scott Buwalda a
perpetual, royalty-free, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from and
distribute such materials and/or information generated through use of the
Website or incorporate such materials and/or information generated through use
of the Website into any form, medium, or technology now known or later developed
throughout the universe.
Linking
You may provide links only to the homepage of this Website, provided (a) you do
not remove or obscure, by framing or otherwise, any portion of the homepage, (b)
you give Scott Buwalda notice of such link by sending an e-mail to sbuwalda@buwaldahybrids.com
and (c) you discontinue providing links to this Website if requested by Scott Buwalda. If you wish to provide links to a section within the Website, you
should forward your request to Scott Buwalda at sbuwalda@buwaldahybrids.com and
you will be notified if permission is granted, and, if so, the terms
and conditions of the permission.
Disclaimer
Scott
Buwalda makes every effort to ensure the information presented in, on or
through this Website is accurate, however, because Scott Buwalda communicates
information provided and created by advertisers, software developers,
publishers, marketing agents, resellers and other third parties, Scott Buwalda
has no control over the accuracy of such information, and makes no guarantee as
to such information, and is not responsible for the information, including its
accuracy, currency, content, quality, copyright compliance or legality, or any
resulting loss or damage.
Warranty, Liability, Indemnification
Scott
Buwalda makes no representations regarding the availability and
performance of its Website. You hereby acknowledge that any use of the Website
and reliance upon any Materials shall be at your sole risk and that Scott Buwalda shall not be liable for any loss of data, lost profits or any other
damages or losses resulting from such use.
THE WEBSITE AND THE MATERIALS ARE PROVIDED BY SCOTT BUWALDA
ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF
ANY KIND, WHETHER EXPRESS OR IMPLIED. SCOTT BUWALDA EXPRESSLY DISCLAIMS ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH
RESPECT TO THE WEBSITE OR ANY MATERIALS.
IN NO EVENT SHALL SCOTT BUWALDA BE LIABLE FOR ANY COMPENSATORY, DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR
PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD
PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF
THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY
DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN
OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN
ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. SCOTT BUWALDA SHALL
NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF
THE INTERNET.
Some states do not allow
the exclusion or limitation of liability of consequential or incidental damages,
so the above exclusions may not apply to all users; in such states liability is
limited to the fullest extent permitted by law.
Scott
Buwalda reserves the right to revise Materials on the Website and/or to
modify any features, specifications, or materials without notice.
Registration
Certain sections of this Website require you to register. If registration is
requested, you agree to provide accurate, complete registration information. It
is your responsibility to make any changes to that information. Each
registration is for a single person only, unless specifically designated
otherwise on the registration page. Scott Buwalda does not permit any other
person using the registered sections under your name. You are responsible for
preventing such unauthorized use. If you believe there has been unauthorized
use, you should notify Scott Buwalda immediately by emailing sbuwalda@buwaldahybrids.com.
Miscellaneous
Scott
Buwalda reserves the right to investigate complaints or reported
violations of the Terms of Use and to take any action Scott Buwalda deems
appropriate including but not limited to reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons or entities
relating to user profiles, e-mail addresses, usage history, posted materials, IP
addresses and traffic information. Scott Buwalda reserves the right to seek
all remedies available at law and in equity for violations of these Terms of
Use, including but not limited to the right to block access from a particular
Internet address to the Scott Buwalda-owned Buwalda Hybrids International Website. These Terms of Use incorporate
by reference any notices contained on the Website and constitutes the entire
agreement with respect to access to and use of the Website. If any provision of
these Terms of Use is unlawful, void or unenforceable then that provision shall
be deemed severable from the remaining provisions and shall not affect their
validity and enforceability. THESE TERMS OF USE SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, USA, AS THEY
APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT
AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND
FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA, AND YOU SHALL NOT
COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.