February 08, 2010.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the fieldbrook.net Web sites. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
- Disclaimer of Warranties
These sites are provided by Fieldbrook Solutions LLC on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Fieldbrook Solutions LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of these Web sites in terms of their correctness, accuracy, reliability, or otherwise. Fieldbrook Solutions LLC shall have no liability for any interruptions in the use of these Web sites. Fieldbrook Solutions LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
- Limitation of Liability
Fieldbrook Solutions LLC shall not be liable for any damages whatsoever, and in particular Fieldbrook Solutions LLC shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to these Web sites or the information contained in them, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Fieldbrook Solutions LLC has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may be inapplicable.
Member agrees to indemnify and hold Fieldbrook Solutions LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
- Modifications and Interruption to Service
Fieldbrook Solutions LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Fieldbrook Solutions LLC shall not be liable to Member or any third party should Fieldbrook Solutions LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Fieldbrook Solutions LLC does not guarantee continuous, uninterrupted or secure access to our Web sites; operation of our Web sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- Third-Party Sites
- Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Fieldbrook Solutions LLC makes every effort to ensure that the information on our Web sites is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on our Web sites.
Fieldbrook Solutions LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
- Governing Jurisdiction of the Courts Massachusetts
- Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- Copyright and Trademark Information
All content included or available on these sites, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2013 Fieldbrook Solutions LLC and fieldbrook.net, with all rights reserved, or is the property of Fieldbrook Solutions LLC and/or third parties protected by intellectual property rights. Any use of materials on the Web sites, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Fieldbrook Solutions LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of Fieldbrook Solutions LLC.
Fieldbrook Solutions LLC™ and fieldbrook.net™ are proprietary marks of Fieldbrook Solutions LLC. Fieldbrook Solutions LLC's trademarks may not be used in connection with any product or service that is not provided by Fieldbrook Solutions LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fieldbrook Solutions LLC.
All other trademarks displayed on Fieldbrook Solutions LLC's Web sites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the Web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Fieldbrook Solutions LLC.
- Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Fieldbrook Solutions LLC and fieldbrook.net designate the following individual as its agent for receipt of notifications of claimed copyright infringement. Bradley Dinerman
12 Kings Row, Ashland, MA 01721
Fieldbrook Solutions LLC retains the right, at our sole discretion, to terminate any accounts involved with control points for botnets. Fieldbrook Solutions LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
- Other Terms