Terms of Use

This Terms of Use, including all linked to or referenced documents and resources (the “Agreement”), governs Your (defined below) use of the Boren Forum website (“Site”). Our Site is available for Your use only on the condition that You agree to the terms and conditions set forth below, all with the intention to form a legally binding agreement.

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE SITE. YOUR USE OF THE SITE SHALL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THE SITE.

1. User Eligibility.
The Site is provided by The Boren Forum and available only to entities and people who can form legally binding agreements under applicable law (referenced hereafter as “You,” “Your” or “User”). If You do not qualify, do not use the Site.

2. Intellectual Property Ownership.
All intellectual property rights associated with the Site, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, service marks, trade-dress, trade secrets, proprietary designs, copyrights and patents (“Intellectual Property”), are the sole property of The Boren Forum or those third parties expressly authorized by The Boren Forum to provide Intellectual Property for this Site.

3. Right of Access.
The use of any Intellectual Property appearing on the Site without the express written consent from the owner is strictly prohibited. Except as otherwise expressly authorized by this Agreement, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way without the prior written permission of the appropriate party. Except as provided in this Agreement, The Boren Forum does not grant to You any express or implied rights to The Boren Forum’s or any third party’s Intellectual Property. You may not frame or utilize framing techniques to enclose Intellectual Property (including images, text, page layout, or format) of The Boren Forum and other parties whose Intellectual Property appears on the Site, without Our prior express written consent. Any rights associated with the content of the Site, which is transmitted, downloaded, or otherwise processed by The Boren Forum, shall be retained by the owner of the content, if any, and may be protected by law. This Agreement does not grant You rights to that content except as set forth in Section 6. The Boren Forum provides Users with on-line access to information, including Intellectual Property, regarding The Boren Forum products and services. The Boren Forum may also provide new features or information on the Site, each of which shall be subject to this Agreement. YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED “AS IS” AND THAT THE BOREN FORUM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS,

4. General Practices Regarding Use.
You acknowledge and agree that The Boren Forum may establish general practices and limits concerning the use of the Site, including, without limitation, restrictions on accessing the Site in any given period of time. You agree that The Boren Forum has no responsibility or liability for the deletion or failure to store any communications or information collected, maintained or transmitted by the Site. You acknowledge that The Boren Forum reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice in accordance with Section 17.

5. License and Site Access.
The Boren Forum grants You a limited personal, nontransferable, nonsublicenseable, revocable worldwide license to access and make personal, or non-commercial use of the Site. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools.

6. Your Obligations.
In consideration for Your use of the Site, You agree that, if You decide to send us Your personal information, e-mail us, or call us with information about You: (a) You will provide true, accurate, current and complete information about Yourself (“Your Information”) and (b) You will maintain and promptly update Your Information and any other information provided by You to The Boren Forum to keep it true and accurate, current and complete. You are prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material.

7. Restrictions on Use.
All pages within the Site and any materials made available for downloading are the property of The Boren Forum and its affiliates. The Site is protected by United States and international copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Site that are viewed, downloaded or otherwise accessed by You. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials and shall comply with any applicable end User license agreements. You may not input or upload to the Site any information which contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, the Site or its contents, or that infringes any Intellectual Property rights of The Boren Forum or any third party. Any rights not expressly granted by this Agreement are reserved by The Boren Forum.

8. Disclosure of Content Monitoring.
Although The Boren Forum has no obligation to monitor any information provided to the Site by its Users, including, without limitation, Your Information, it reserves the right to monitor, retain, and disclose that information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property or personal safety of The Boren Forum, its Users or the public.

9. Copyright Notice.
This  Site is protected by copyright. The copyrights are owned by The Boren Forum. You are free to view, copy, print, and distribute Boren Forum limited quantities of material from this Site, as long as:

1. The material is used for information only;
2. The material is used only for non-commercial purposes;
3. Copies of any material include The Boren Forum’s copyright notice; and
4. The material is not identified as Boren Forum confidential.

The Boren Forum is committed to respecting others’ Intellectual Property rights, and We ask You to do the same. The Boren Forum may, in its sole discretion, terminate the accounts or access rights of users who violate others’ Intellectual Property rights.

10. No Warranty.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT AND ANY LINKED WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE BOREN FORUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE BOREN FORUM EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR SITE OR AGAINST INFRINGEMENT. THERE IS NO WARRANTY THAT THE INFORMATION OR SITE PROVIDED WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY LINKED WEBSITE.

THE BOREN FORUM MAKES NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE AND RELIABLE; (d) THE QUALITY OF THE SITE, THE INFORMATION PROVIDED OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR (e) ANY ERRORS IN THE CONTENTS OF THE SITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.

11. Limitation of Liability.
IN NO EVENT SHALL THE BOREN FORUM, ITS AFFILIATES, OTHER RELATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO, BROWSING, USE OF, OR INABILITY TO USE THIS SITE OR THROUGH YOUR DOWNLOADING OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE CAUSED BY ANY VIRUSES, BUGS, ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY LINKED SITE, IS TO STOP USING THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ANY LEGAL ACTION CONCERNING THIS AGREEMENT OR THIS SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

12. Indemnity.
You agree to indemnify, defend (at the request of The Boren Forum), and hold The Boren Forum, and its affiliates and representatives harmless from and against any claims, losses, expenses, liabilities damages or demand (including reasonable attorneys fees) brought against any Boren Forum Indemnitee resulting from, or arising out of: (1) Your information submitted or transmitted to The Boren Forum; (2) Your use or misuse of the Site or Intellectual Property; (3) Your connection to the Site; (4) any breach of this Agreement by You; or (5) the violation of any rights of a third party by You.

13. Privacy Policy.
Your information and certain other information about You is subject to Our Privacy Policy, which is incorporated by reference into this Agreement. For more information, please read Our Privacy Policy. You should be aware that Web sites linked to the Site are likely governed by confidentiality and privacy provisions that differ from the provisions governing the Site. The Boren Forum is not responsible for such provisions, and expressly disclaims any and all liability relating to such provisions.

14. Submissions.

Any and all comments, material, suggestions, information, or ideas submitted or posted on this Site will be considered non-confidential and non-proprietary and shall remain the property of The Boren Forum. By disclosing or submitting Comments to The Boren Forum, You grant to The Boren Forum and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Comments without compensation or acknowledgment of source. If any of the Comments submitted constitutes personal data, You agree that The Boren Forum may use and transmit that personal data in accordance with Our Privacy Policy.

15. Modifications.
At any time, and without notice, The Boren Forum may modify, update, or otherwise change the terms of this Agreement or the Site and You agree that You are deemed to be apprised of, and to be bound by those changes, immediately upon the posting of them. Accordingly, We encourage You to visit the Site from time to time to review the current version of the Agreement.

16. Termination.
The Boren Forum may, in its sole discretion, terminate Your use of the Site, and remove and discard any content within the Site, for any reason. The Boren Forum may also, in its sole discretion, at any time, discontinue providing the Site or any part of it, with or without notice. The Boren Forum may terminate Your access to the Site under any provision of this Agreement without prior notice and The Boren Forum shall not be liable to You or any third party for any termination of Your access to the Site. Upon termination or cancellation of this Agreement, You will immediately discontinue use of the Site.

17. Links.
While this Site may contain links to third-party sites, The Boren Forum has no control over those linked sites. You acknowledge and agree that The Boren Forum is not responsible for the availability of those linked sites or the content of any linked sites. The Boren Forum provides these links as a convenience and does not endorse the proprietors or content of any linked sites. THE BOREN FORUM DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY SERVICE PROVIDED VIA ANY LINKED SITE. YOU ACKNOWLEDGE THAT THE BOREN FORUM IS NOT REPSPONSIBLE FOR THE AVIALBAILITY OF SERVICES OR PRODUCTS OFFERED OR THE CONTENT LOCATED ON OR THROUGH ANY LINKED SITES.

18. Caching.
The Boren Forum prohibits caching of any portion of the Site and any unauthorized links to the Site. The Boren Forum reserves the right to disable any unauthorized links or frames. If You desire to provide a link from Your website to the Site, You must contact The Boren Forum to discuss mutually agreeable terms for that link. The Boren Forum will be under no obligation, however, to permit any link.

19. Export of Information.
The United States export controls laws prohibit the export of certain technical data and software to certain territories. No content from this Site may be downloaded or otherwise exported in violation of United States law.

20. Jurisdiction and Choice of Law.
You acknowledge and agree that the information You submit to Us is being submitted to a company in the United States, and therefore will be subject to United States law. All claims or issues regarding this Site shall be governed according to the laws of the United States, Washington, District of Columbia, without regard to its conflicts of law principles. A claim or action, which arises under this Agreement, shall be subject to the exclusive jurisdiction of courts in Washington D.C., USA. The Boren Forum makes no representations that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited.

21. Complete Agreement.
This Agreement constitutes the entire agreement between You and The Boren Forum with respect to use of the Site, superceding any other agreement between You and The Boren Forum with respect to the subject matter of this Agreement. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is found to be unenforceable, the other provisions shall still remain in full force and effect.
 

Terms of Use of this Site were last updated on September 4, 2003.  Please check back for updates and changes.