Terms of Use
Restrictions on Use
This Web site is owned and operated by Robert W. Walter and his authorized agents. These parties are referred to below as “we,” “us,” “our,” or similar pronouns. By accessing or using this site, you agree to the terms set forth in this Terms of Use agreement as changed from time to time. We retain the right, at our discretion, to change any of these terms in the future.
Ownership of Copyright
This site contains material that is owned by Robert W. Walter. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on this site, including computer code and software. Provided that you retain any and all copyright, trademark and other proprietary notices, you may download material for your personal, non-commercial use, or for publicity purposes as outlined in on this site.
License to Us
By posting messages, sending e-mails, inputting data, answering questions, uploading data or files or otherwise communicating with us through this site (a “Communication”), you are granting us a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit and copy such Communication. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, servicemark or patent laws in any relevant jurisdiction, to the extent permitted by law.
Additional Rules
This site may contain various bulletin boards, chat rooms, list serves, blogs, wikis, or other open forums (collectively, “Forums”), contests, sweepstakes, and other features that are each governed by additional rules. Please read those rules, posted or linked at each feature, before participating in them, as they form part of these Terms to which you agree through your continued use of this site. Also, please note that your postings to any Forums on this site become immediately public and will be accessible to anyone on the Internet.
Prohibited Activities
Except where you engage in authorized use of this site, you may not copy, modify, display, license, distribute, transmit, reproduce, publish, create derivative works from, transfer, or download any information, software, services, copy or provide code/software that copies any material on this site, which does or could republish any or all of the contents of this site on a proxy server, cache or other similar form of storage.
You may not copy, edit, modify, re-render, frame, mirror, truncate, add to, inject, filter or change the order of the information contained on any page of our site including, without limitation, by any way of reproducing web pages from our site on any other web site. You may not copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduce any code or source code relating to our site including, without limitation, any service or product offered on our site.
You may not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or otherwise inhibits the full display of our site. You may not use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of our site.
You many not use this site in any way which depletes our site’s infrastructural resources, slows our web site, or interferes with the normal operation of our site.
You many not upload or transmit to our site any device, software, program, or file that may damage the operation of any computer or our site including without limitation, viruses or corrupt files.
You may not disguise the origin of information transmitted to, from, or through our site. You may not circumvent any measures by us aimed at preventing violations of the Terms of Use agreement. You may not violate the restrictions in any robot exclusion header.
When you use our site for an authorized purpose, you must include all proprietary notices without changing or hiding them.
You may not engage in any conduct that is, or that we deem to be, in violation of this Terms of Use agreement.
Exclusion of Liability
YOUR USE OF THIS WEB SITE IS “AS IS”, AND NEITHER ROBERT W. WALTER NOR HIS AUTHORIZED AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THIS SITE OR THE MATERIAL CONTAINED OR REFERRED TO ON IT, AND WILL NOT BE HELD LIABLE IN ANY WAY FOR YOUR USE OF IT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ROBERT W. WALTER AND HIS AUTHORIZED AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROBERT W. WALTER AND HIS AUTHORIZED AGENTS FURTHER DO NOT WARRANT THAT THIS WEB SITE OR THE PRODUCTS AND MATERIALS CONTAINED ON SUCH SITE ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER FROM WHICH IT IS RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ROBERT W. WALTER NOR HIS AUTHORIZED AGENTS, NOR ANY AFFILIATED COMPANY OR INDIVIDUAL, BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA, COMPUTER VIRUSES, DELETION OF FILES OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ROBERT W. WALTER AND HIS AUTHORIZED AGENTS RESERVE THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS WEB SITE.
Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Links to Other Web Sites
This site has links with other internet sites that are maintained by third parties, and this site may from time to time provide materials from third party sites on this site. Neither Robert W. Walter nor his authorized agents or their affiliates in any way control the material contained on or the services or products offered through such third party sites. These terms and conditions apply solely to this site and you should always review the terms and conditions of any site that you access through a link from this site.
Indemnity
You agree to defend, indemnify and hold Robert W. Walter, his authorized agents and any affiliated company or individual (including any publisher of the Novel) harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ and expert witness fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of this site or the Internet or the placement or transmission of any message or information on this site by you or your authorized users. We shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Termination
This agreement may be terminated by us at any time, with or without notice. In the event of termination, you are no longer authorized to have access to the site, and all limitations on our liability and on your use of the material accessed through this site shall survive such termination for a period of five years thereafter.
These Terms of Use, along with any additional rules or conditions referred to herein and the Privacy Policy on this site, constitute the entire agreement and understanding between you and us as to your use of this web site, superseding all prior or contemporaneous communications and/or proposals. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of this web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Jurisdiction
This agreement shall be governed by the laws of the State of Colorado without giving effect to its conflicts of law principles, and venue shall be in the state or federal courts located in the State of Colorado. If any provision of this agreement is deemed unlawful, void or unenforceable, then such provision shall be severed from the agreement and the remainder of the agreement shall remain in full force and effect.
Contact Us
if you have any questions concerning these terms of use, please contact us via e-mail at contact@rushesnovel.com. Please include the words “Terms of Use” and “Rushesnovel.com” in the subject line of your e-mail.