TERMS & CONDITIONS
Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB
SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
Welcome to sideways-sd.com (together with all related domains and
sub-domains here forth shall collectively be known as “Site"). These
terms and conditions of use may be changed in the future without further
notice. Your continued use of this Site after any such changes constitutes your
acceptance of the new terms. Further, these terms and conditions apply
exclusively to your access to (and use of) this Site and do not alter in any
way the terms or conditions of any other agreement you may have with Sideways
Consulting for products, services, Agreements, or otherwise.
Privacy Policy
Sideways Consulting believes strongly in protecting user privacy. Therefore,
we do not sell, loan, or distribute any information gathered through usage or
business correspondence through means of this Site. Copyright All Web site
materials, including, without limitation, the Sideways Consulting logo, design,
text, graphics, other files, and the selection and arrangement thereof are
protected under Copyright 2002 Sideways Consulting ALL RIGHTS RESERVED.
Except as stated herein, none of the material may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any
form or by any means; including, but not limited to, electronic, mechanical,
photocopying, recording or otherwise, without the prior written permission of
Sideways Consulting or the respective copyright owner. Note that certain
graphics, animations, pictures, and designs may not be originally created by
Sideways Consulting. These are used for display only purposes to visually
describe the services which this company is able to render. Written permission
may be requested and optionally granted to display, copy, distribute and
download the materials on this Site which expressly belong to Sideways Consulting
for personal, noncommercial and informational use only, provided that you may
not, without the permission of Sideways Consulting or the respective copyright
owner, (a) copy, publish or post any materials on any computer network or
broadcast or publications media, (b) modify the materials or (c) remove or
alter any copyright or other proprietary notices contained in the materials.
This permission is at the sole discression of Sideways Consulting and we
reserve the right to refuse said permissions at will.
Trademarks
Sideways Consulting, the Sideways Consulting logo and the products and services
described in this Site are either trademarks or registered trademarks of
Sideways Consulting and its suppliers and licensors, and may not be copied,
imitated or used, in whole or in part, without the prior written permission of
Sideways Consulting. All other trademarks, registered trademarks,
product names and company names or logos mentioned herein are the property of
their respective owners.
Licenses and Site Access
Sideways Consulting grants you a limited license to make personal use only of
the Site. Such grant does not include, without limitation: (a) any resale or
commercial use of the Site or content therein; (b) the collection and use of
any product listings or descriptions; (c) making derivative uses of the Site
and its contents; or (d) use of any data mining, robots or similar data
gathering and extraction methods. Except as noted above, you are not conveyed
any right or license by implication, estoppels or otherwise in or under any
patent, trademark, copyright or proprietary right of Sideways Consulting or
any third party. Further, you may not use any Meta tags (public or private) or
any other "hidden text" utilizing a Sideways Consulting name, trademark
or product name without prior express written consent.
Linking
rne
You are granted a limited, nonexclusive right to create a hyperlink to this
Site provided such link does not portray Sideways Consulting or any of its
products and services in a false, misleading, derogatory or otherwise
defamatory manner. You may not use a Sideways Consulting logo or other proprietary
graphic or trademark to link to this Site without the express written
permission of the Sideways Consulting. This limited right may be revoked at any
time. Sideways Consulting makes no claim or representation regarding, and
accepts no responsibility for, the quality, content, nature or reliability of
sites accessible by hyperlink from this Site, or sites linking to this Site.
Theses linked sites are not under the control of Sideways Consulting, removing
Sideways Consulting and all its associates from any responsibility regarding
content of any linked site or any link contained in a linked site, or any
review, changes or updates to such sites. Sideways Consulting is providing its
own option for linking only as a convenience, and the inclusion of any link
does not imply affiliation, endorsement or adoption by Sideways Consulting of
a third party site or any information contained therein.
User Conduct
In using this Site, you agree:
1. Not to disrupt or interfere with the security of, or otherwise abuse, the
Site, or any services, system resources, accounts, servers or networks
connected to or accessible through the Site or affiliated or linked Web sites
2. Not to disrupt or interfere with any other user's enjoyment of the Site or
affiliated or linked Web sites
3. Not to upload, post or otherwise transmit through or on this Site any
viruses or other harmful, disruptive or destructive files
4. Not to use or attempt to use another's account, service or system without
authorization from Sideways Consulting or create or use a false identity on
this Site
5. Not to transmit through or on this Site spam, chain letters, junk mail or
any other type of unsolicited mass email to people or entities who have not
agreed to be part of such mailings
6. Not to attempt to obtain unauthorized access to the Site or portions of the
Site that is restricted from general access
In addition, you agree that you are solely responsible for actions and
communications undertaken or transmitted under your account, and that you will
comply with all applicable local, state, national and international laws and
regulations, including but not limited to United States export restrictions,
that relate to your use of or activities on this Site. Forums and Interactive
Areas This Site may include discussion forums or other interactive areas.
Forums and interactive areas shall be used only for noncommercial purposes. By
using any forum or interactive areas, you agree not to do any of the following:
1. Upload to, distribute or otherwise publish through this Site any message,
data, information, text or other material ("Content") that is
unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
harassing, threatening, invasive of privacy or publicity rights, abusive,
inflammatory or otherwise objectionable
2. Upload or transmit any Content that would constitute or encourage a criminal
offense, violate the rights of any party, or would otherwise create liability
or violate any local, state, national or international law.
3. Upload or transmit any Content that may infringe any patent, trademark,
trade secret, copyright or other intellectual or proprietary right of any
party. By posting any Content, you represent and warrant that you have the
lawful right to distribute and reproduce such Content
4. Impersonate any person or entity or otherwise misrepresent your affiliation
with a person or entity
5. Without Sideways Consulting's written permission, distribute or publish
unsolicited promotions, advertising or solicitations for funds, goods or
services, including junk mail and spam.
Sideways Consulting takes no responsibility and assumes no liability for any
Content posted, submitted, or uploaded by you or any third party, or for any
mistakes, defamation, slander, libel, omissions, falsehoods, obscenity,
pornography, representations, or profanity you may encounter. Sideways Consulting
reserves the right but not the obligation to remove any materials it deems
wrongful or objectionable. By using this site, you agree to hold harmless
Sideways Consulting and its affiliates and parties with whom Sideways Consulting
has contracted for purposes of hosting or maintaining this Site from all
claims based upon communications made or materials posted by others or the use
by third parties of this Site.
Copyright Policy and Copyright Agent
It is the policy of Sideways Consulting to respect the copyright and
intellectual property rights of others. Should there appear to be content or
posting on this site which appears to infringe the copyright or other
intellectual property rights of others, Sideways Consulting reserves the right
to remove any such information or postings. Further, you agree to contact us in
writing, allowing us the opportunity to remove such material upon discovery. If
you believe that Sideways Consulting or any user of our site has infringed
your copyright in any material way, please notify our Firm and provide the
following information:
1. A physical or electronic signature of the person authorized to act on behalf
of the owner of the copyright interest
2. An identification of the copyrighted work claimed to have been infringed
3. An identification of the material that you claim is infringing so that we
may locate it on the site
4. Your address, telephone number and email address
5. A statement by you that you have a good-faith belief that the disputed use
is not authorized by the copyright owner, its agent or the law
A statement by you that the above information in your Notice is accurate, made
under penalty of perjury, and that you are authorized to act on behalf of the
owner of the copyright interest involved
Sideways Consulting can be reached via any of the below methods:
info@sideways-sd.com, or by mail at Sideways Consulting c/o Legal Dept, 1042 N.
El Camino Real #B-311 Encinitas, CA 92024; by telephone at (760) 809-4493; or by fax
at (925) 905-2577.
Indemnification
By utilizing this Site, you agree to indemnify and hold harmless Sideways
Consulting from any claim, action, demand, loss or damages (including attorneys'
fees) made or incurred by any third party arising out of or relating to your
conduct, your violation of these terms and conditions, or your violation of any
rights of a third party.
Submissions
You agree that any materials, including but not limited to questions, comments,
suggestions, ideas, plans, notes, drawings, original or creative materials or
other information, provided by you in the form of email or submissions to
Sideways Consulting, or postings on this Site, are non-confidential and shall
become the sole property of Sideways Consulting, whom shall own exclusive
rights, including all intellectual property rights, and shall be entitled to
the unrestricted use of these materials for any purpose, commercial or
otherwise, without acknowledgment or compensation to you.
Disclaimer of Warranties
You understand and agree that this site and the information, services, products
and materials available through it are provided on an "as is" and
"as available" basis. You expressly agree that use of this site is at
your sole risk. To the fullest extent permissible pursuant to applicable law,
Sideways Consulting and its affiliates disclaim all warranties of any kind, either
express or implied, including but not limited to any warranties of any kind.
Applicable Law
These terms and conditions shall be governed by and construed in accordance
with the laws of the State of California, without resort to its conflict of law
provisions. You agree that any action at law or in equity arising out of or
relating to these terms and conditions shall be filed only in the District
Court of San Diego County, CA, and you hereby irrevocably and
unconditionally consent and submit to the exclusive jurisdiction of such courts
over any suit, action or proceeding arising out of these terms and conditions.
Termination
Notwithstanding any of these terms and conditions, Sideways Consulting
reserves the right, without notice and in its sole discretion, to terminate
your license to use this Site, and to block or prevent future access to and use
of this Site.
Severability
If any provision of these terms and conditions shall be deemed unlawful, void
or for any reason unenforceable, then that provision shall be deemed severable
from these terms and conditions and shall not affect the validity and
enforceability of any remaining provisions.
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