Web: www.incusweb.com
 Email: incus@incusweb.com


All scripts, layout and graphics (including, but not limited to, HTML scripts, JavaScripts and PHP scripts) on this web site are considered copyrighted material © 2004 Incus Web Works.

All text and images are © copyright 2004 Carole Schaefer except for the text on the legal information page which is © copyright 2004 Incus Web Works.



INCUS WEB WORKS

WEB SITE NOTICES AND DISCLAIMERS

1. Web Site Ownership and Consent to Monitoring

Information, text, graphics, software and other content which make up this Web site ("Content") reside on a computer operated by INCUS WEB WORKS ("INCUS") or its representative. Anyone accessing this Web site consents to monitoring of this access and use by system or security personnel, as access to this Web site may be monitored. The requesting URLs, the machine originating the request and the time of the request may be logged for access statistics security purposes, and reply purposes. Use of this Web site constitutes consent to such monitoring.

2. Content Information and User Rights

All content appearing on this Web site is the property of INCUS, all rights reserved. As a user, you are authorized only to view, copy, print and distribute documents on this Web site as long as (1) the document is used for informational purposes only; and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright 7 INCUS WEB WORKS All rights reserved.

3. Copyright and Trademark

INCUS owns the copyright in all the content comprising this Web site, unless otherwise indicated. By accessing and using this Web site, you agree to abide by US and international copyright law and all other applicable laws. You may access this Web site and retrieve content which contains INCUS's or its licensors', vendors', or agents' copyright notice, store such content on your own computer and print one copy of the same, provided that you (1) do not modify, distribute or transmit such content; and (2) include any copyright notice originally appearing with such content. Permission may be needed for other content not marked with INCUS's or any copyright notice. You may cite or refer to the URL of this Web site without limitation.

All brand, product, service and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service or process does not imply a recommendation, approval, affiliation of sponsorship of that product, service or process by INCUS. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, trademark of other intellectual property right of INCUS or any third party, except as expressly granted herein.

4. Disclaimer of Currency, Accuracy or Quality

INCUS makes no guarantee regarding the currency, accuracy or quality of information published and or archived on this Web site, nor will INCUS accept any responsibility for other organizations, businesses and private persons who provide information on this Web site, or sites to which this site is linked. All information on this Web site regarding products and services provided by INCUS is subject to change without notice. Reasonable efforts are taken to ensure the accuracy and integrity of all information provided here, but INCUS is not responsible for misprints, out of date information or errors. A possibility exists that the server materials could include inaccuracies or errors. In addition, a possibility exists that unauthorized additions, deletions and alterations could be made to the server materials by third parties. Although INCUS tries to ensure the integrity and accuracy of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with INCUS to ensure the information on which you are relying is correct.

5. Disclaimer of Warranty

The content of this Web site has been compiled from a variety of sources and is subject to change without notice, as are any services, offerings or other information described in this Web site. INCUS makes no representation of warranty whatsoever regarding the completeness, quality or adequacy of the Web site or its content, or the suitability, functionality or operation of this Web site or its content. By using this Web site, you assume the risk that the content of this Web site may be inaccurate, incomplete, offensive or may not meet your needs and requirements. INCUS makes no warranty with respect to documents or other information available from this Web site, and does not represent that its use would not infringe privately owned rights. The information and content on this server is provided "as is". INCUS is not liable for any damages, including incidental or consequential damages of any kind, which may result to the user from the use of the materials on this Web site, or of any of the products or services described hereon.

THIS WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCUS AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE INCUS WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE INCUS WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE INCUS WEB SITE OR ANY LINKED SITE.

FURTHER, INCUS AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INCUS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE INCUS WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE INCUS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INCUS AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE INCUS WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT, WILL INCUS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF INCUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Links Certain links on this Web site lead to clients, affiliates, and resources located on servers which are not maintained by INCUS or under its control. INCUS is not responsible for the contents of any such referenced Web sites or for the availability of access to such Web sites.

7. No Agency

This site is not to be construed to make INCUS an agent of any of the links, vendors or displayed server materials, for any purpose whatsoever. INCUS and its licensors are not an agent or legal representative of vendors, members, or persons supplying displayed server materials for any purpose whatsoever. INCUS is not granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of the name of vendors or persons supplying displayed server materials, or to bind the vendors or persons supplying displayed server materials in any manner whatsoever.

8. No Endorsement

The inclusion on this Web site of any link to another Web site or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply an endorsement or recommendation by INCUS. The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the persons providing the information and not INCUS. The inclusion of material on this server does not imply any endorsement by INCUS, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

9. Void Where Prohibited

Although the information on this Web site is accessible worldwide, not all services discussed on this Web site are available to all persons or in all geographic areas or jurisdictions. INCUS and the advertisers, vendors, and agents each reserve the right to limit the provision of their products or services to any person, geographic area or jurisdiction they so desire and to limit the quantities of any product or service they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

10. User Warranties.

You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the INCUS Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the INCUS Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the fights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.

11. Indemnification.

You hereby agree to indemnify, defend and hold INCUS, and all its members, managers, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. INCUS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of INCUS.

12. INCUS Review.

INCUS does not and cannot review all materials posted to the INCUS Web Site by users, and INCUS is not responsible for any such materials posted by users. However, INCUS reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in INCUS's sole discretion are objectionable or in violation of this Agreement.

13. Posting Messages.

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the INCUS Web Site, you hereby grant to INCUS a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against INCUS for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You acknowledge that transmission to and from this INCUS Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to INCUS, no confidential, fiduciary, contractually implied or other relationship is created between you and INCUS other than pursuant to this Agreement.

14. Miscellaneous.

A. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE AND PROCEDURAL LAWS OF THE STATE OF WASHINGTON,WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN KING COUNTY SUPERIOR COURT IN WASHINGTON STATE.

B. This Agreement constitutes the entire agreement between INCUS and you with respect to your use of the INCUS Web Site. Any cause of action you may have with respect to your use of the INCUS Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. INCUS disclaims any and all responsibility for content contained in any third party materials provided through links from the INCUS site.