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TERMS OF USE
Agreement
Required Before Proceeding Further
Effective: June 21, 2008
Welcome
to the Merced County’s Most Wanted. Org website,
a service of the Merced County’s Most Wanted.
org, together with its subsidiaries, affiliates, agents
and licensors (collectively "MCMW”). The
following terms apply to your use of and access to any
Merced County’s Most Wanted.org owned or operated
website ("Website"), as well as any electronic
transmission sent, received, posted, accessed, or stored
via any Merced County’s Most Wanted.org network
("Network"), including, without limitation,
its wireless web, data, and messaging services; Internet
services; and internal email network for communicating
with Merced County’s Most Wanted.org Board of
Directors, employees.
Certain products or services offered through our Website
may have additional terms and conditions, which govern
in the event of any inconsistency with the terms below.
The material provided by Merced County’s Most
Wanted.org may contain inaccuracies or typographical
errors. Merced County’s Most Wanted.org makes
no representations about the accuracy, reliability,
completeness, or timeliness of the Web Site or the Material.
The use of the web site and the material is at your
own risk. Changes are periodically made to the Web Site
and may be made at any time. The web site and material
are provided on an "as is" basis without any
warranties of any kind. Merced County’s Most Wanted.org
to the fullest extent permitted by law, disclaims all
warranties, whether express or implied, including the
warranty of merchantability, fitness for particular
purpose and non-infringement. Merced County’s
Most Wanted.org makes no warranties about the accuracy,
reliability, completeness, or timeliness of the material,
services, software, text, graphics, and links.
COVERAGE OF THIS POLICY AND AGREEMENT
In addition to other agreements between you and Merced
County’s Most Wanted.org , these terms explain
the policies that govern your access to and use of our
Website and Network, including the actions that we may
take, within our sole discretion, for any use that we,
in our sole discretion, deem unacceptable.
By accessing or using our Website or Network, you agree
to these terms (collectively the "Policy and Agreement"),
as Merced County’s Most Wanted.org may modify
it from time to time. If you do not agree to accept
and comply with the Policy and Agreement, do not access
or use our Website or Network.
LINKS TO THIRD-PARTY SITES
The Website may contain links to other websites that
are maintained by third parties over which Merced County’s
Most Wanted.org has no control. These links are provided
for convenience only. Use of these links will cause
you to leave this Site and use of third-party websites
is entirely at your own risk and subject to their terms
of use. Merced County’s Most Wanted.org makes
no representation or warranty concerning any other site
or the information, products or services offered or
appearing on or through these sites. Merced County’s
Most Wanted.org does not sponsor or endorse the operators
of the sites or the content, products or services they
provide, and Merced County’s Most Wanted.org is
not responsible or liable for the conduct of the sites'
operators, the content, availability, accuracy, quality,
advertising, products, security, services or other materials
offered at the sites.
ILLEGAL OR HARMFUL USE
You may access and use our Website and Network only
for lawful purposes. You are responsible for any transmission
you send, receive, post, access, or store via our Network,
including the content of any communication. Transmitting,
distributing, or storing any material that violates
any applicable law is prohibited. Additionally, the
following non-exhaustive list details the types of illegal
or harmful conduct that are strictly prohibited:
Infringement: Infringement of intellectual property
rights or other proprietary rights including, without
limitation, material protected by copyright, trademark,
patent, trade secret or other intellectual property
right. Infringement may result from the unauthorized
copying, distribution and/or posting of pictures, logos,
software, articles, musical works, and videos.
Offensive Materials: Disseminating or posting material
that is unlawful, libelous, defamatory, obscene, indecent,
lewd, harassing, threatening, harmful, invasive of privacy
or publicity rights, abusive, inflammatory or otherwise
objectionable.
Export Violations: Including, without limitation, violations
of the Export Administration Act and the Export Administration
Regulations administered by the Department of Commerce.
Fraudulent Conduct: Offering or disseminating fraudulent
goods, services, schemes, information, or promotions
(e.g., make-money-fast schemes, chain letters, and pyramid
schemes).
Failure to Abide by Third-Party Website Policies: Violating
the rules, regulations, or policies that apply to any
third-party network, server, computer database, or website
that you access.
Harmful Content: Disseminating or posting harmful content
including, without limitation, viruses, Trojan horses,
worms, time bombs, zombies, cancelbots or any other
computer programming routines that may damage, interfere
with, secretly record or secretly intercept or seize
any system, program, data or personal information.
ELECTRONIC COMMUNICATIONS
You may not distribute, publish, or send through our
Network: (1) unsolicited advertisements, solicitations,
commercial e-mail messages or promotional messages of
any kind (commonly referred to as "spam");
(2) unsolicited informational announcements; (3) chain
mail; (4) numerous copies of the same or substantially
similar messages; (5) empty messages, including ; (6)
messages which contain no substantive content; or (7)
very large messages or files that disrupt a server,
account, newsgroup, or chat service.
Likewise, you may not (1) participate in collecting
e-mail addresses, screen names, or other identifiers
of others (without Merced County’s Most Wanted.org
prior written consent), a practice sometimes known as
spidering or harvesting; (2) participate in using software
(including "spyware") designed to facilitate
such activity; (3) collect responses from unsolicited
messages; or (4) use any of our mail servers or another
site's mail server to relay mail without the express
permission of the account holder or the site.
NETWORK
SECURITY AND INTEGRITY
You may not violate the security of our Website or Network
in any way. Such violations may result in criminal or
civil liability. The Merced County’s Most Wanted.org
may, but is not obligated to, investigate any violation
of our Network. Merced County’s Most Wanted.org
may cooperate with law enforcement where criminal or
unauthorized activity is suspected. By using Merced
County’s Most Wanted.org products services or
sending, receiving, posting, accessing, or storing any
electronic transmission via our Network, you agree to
cooperate, as well, in any such internal or external
investigation. Examples of Network security violations
include, without limitation:
Hacking: Unauthorized access to or use of data, systems
or networks, including any attempt to probe, scan or
test the vulnerability of a system or network or to
breach security or authentication measures without the
express prior written authorization of the owner of
the system or network.
Interception: Unauthorized monitoring of data or traffic
on any network or system without the express prior written
authorization of the owner of the system or network.
Intentional Interference: interference with service
to any user, host or network including, without limitation,
denial-of-service attacks, mail bombing, news bombing,
other flooding techniques, deliberate attempts to overload
a system, and broadcast attacks.
Falsification of Origin or Routing Information: Using,
selling, or distributing in conjunction with the Services,
any computer program designed to conceal the source
or routing information of electronic mail messages in
a manner that falsifies an Internet domain, header information,
date or time stamp, originating e-mail address, or other
identifier.
Avoiding System Restrictions: Using manual or electronic
means to avoid any limitations established by the Merced
County’s Most Wanted.org or attempting to gain
unauthorized access to, alter, or destroy any information
that relates to any Merced County’s Most Wanted.org
customer or other end-user. Merced County’s Most
Wanted.org may, but is not obligated to, take any action
it deems necessary to protect its Website and Network,
its rights or the rights of its customers or third parties,
or (2) optimize or improve its Website, Network, services,
systems, and equipment. You acknowledge that such action
may include, without limitation, employing methods,
technologies, or procedures to filter or block messages
sent through the Website or Network. Merced County’s
Most Wanted.org may, in its sole discretion, at any
time, filter "spam" or prevent "hacking,"
"viruses" or other potential harms without
regard to any preference you may have communicated to
us.
INVESTIGATION AND ENFORCEMENT OF THE POLICY
AND AGREEMENT
All users of the Services must adhere to the terms of
this Policy and Agreement. We have the right, but are
not obligated, to strictly enforce this Policy and Agreement
through self-help, active investigation, litigation
and prosecution. We may also access and disclose any
information (including transactional information) related
to your access and use of our Website or Network for
any lawful reason, including but not limited to: (1)
responding to emergencies;' (2) complying with the law
(e.g., a lawful subpoena); (3) protecting our rights
or property and those of our customers; or (4) protecting
users of those services and other carriers from fraudulent,
abusive, or unlawful use of, or subscription to, such
services. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY
AND AGREEMENT, AND ACTUAL OR ATTEMPTED BREACHES BY A
THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER,
MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT
BY SUCH COMPANY, CUSTOMER OR USER. DISCLAIMER OF WARRANTIES
AND LIABILITY YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE
PROVIDED THROUGH A Merced County’s Most Wanted.org
WEBSITE OR NETWORK. ANY CONTENT OR INFORMATION ACCESSED
BY OR PROVIDED TO YOU THROUGH A Merced County’s
Most Wanted.org NETWORK OR WEBSITE IS PROVIDED "AS
IS," "WITH ALL FAULTS," AND "AS
AVAILABLE." Merced County’s Most Wanted.org,
ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY,
COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR
INFORMATION AVAILABLE THROUGH ITS WEBSITE OR NETWORK.
YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK.
Merced County’s Most Wanted.org DOES NOT GUARANTEE
THAT ITS NETWORK OR WEBSITES WILL BE ERROR-FREE, OR
CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES
WILL Merced County’s Most Wanted.org, ITS AFFILIATES,
ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS
NETWORK OR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION
OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR
EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR
CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT,
LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN
IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH
DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF the
Merced County’s Most Wanted.org, ITS AGENTS, AND
ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL
CLAIM IN ANY WAY CONNECTED TO ANY Merced County’s
Most Wanted. Org NETWORK OR WEBSITE WILL NOT EXCEED
$100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED
WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, THE LIABILITY OF the Merced County’s
Most Wamted.org, AND ITS AFFILIATES, AGENTS AND LICENSORS
IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE
LAW.
GOVERNING LAW
This Policy and Agreement is governed by and must be
construed under the laws of the State of California,
and which courts have exclusive jurisdiction over and
venue of any suit that relates to this Policy and Agreement,
except as otherwise provided by federal law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Merced
County’s Most Wanted.org from and against all
claims, liabilities, losses, expenses, damages and costs
(including reasonable attorneys' fees) that arise from:
(1) any violation of this Policy and Agreement by you;
(2) any violation of any rights of a third party by
you; (3) any violation of applicable law; (4) information
or content that you submit, post, transmit or make available
through our Website or Network; or (5) your use of our
Website or Network.
MODIFICATION
OF THE POLICY AND AGREEMENT
We reserve the right to modify this Policy and Agreement
at any time, effective upon its posting, as modified,
on www.MercedCountysMostWanted.org You agree to the
Policy and Agreement by accessing or using our Website,
products or services, or by sending any electronic transmission
through our Network.
PRIVACY POLICY
The Merced County’s Most Wanted.org Communications
respects the privacy of visitors to our site. Please
take a few minutes to review our Privacy Policy
MISCELLANEOUS
Any failure to insist upon or enforce performance of
any provision in this Policy and Agreement will not
be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor
trade practice will act to modify any provision in this
Policy and Agreement. Merced County’s Most Wanted.org
may assign its rights and duties under these terms to
any party at any time without notice to you. If any
provision of this Agreement is deemed unlawful, void,
or for any reason unenforceable, then that provision
will be deemed severable from these terms and conditions
so that it does not affect the validity and enforceability
of any remaining provisions.
No part of Merced County’s Most Wanted. Org (MCMW)
may be resold, reproduced, stored in a retrieval system,
or transmitted in any form or by any means, electronic,
mechanical, photocopying, recording or otherwise, without
the prior written permission of an authorized Merced
County’s Most Wanted.org representative –
namely Shannon Picciano
The use of the pending Trademark “MercedCounty’sMostWanted.org”;
“MCMW” are not permissible in any way without
the prior written permission of Merced County Most Wanted.org
.
QUESTIONS AND COMMENTS
We invite you to send in your questions or comments
about our site, or to bring to our attention any material
you believe to be inaccurate. Please send such comments,
including a copy of any material you wish to discuss,
to Customer Care.
Use of this Web site assumes acceptance of the Terms
of Use.
All
persons featured on Merced County’s Most Wanted.org
are presumed innocent until found guilty in a court
of law. If you know where a person of interest is located,
do not take matters into your own hands. Contact us
or your local law enforcement agency. All fugitives
should be considered armed and dangerous. |