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MyPrescott.com Privacy Policy


Policy Dated: October 11, 2009

Terms of Use for myprescott.com:

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use this site. We reserve the right without notice, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes.

RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Aaron Gilbert. The copyright of all material provided on this site is held by Aaron Gilbert or the original creator of the material. 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 Aaron Gilbert or the copyright owner. No material from this site or any other site owned, operated or controlled by Aaron Gilbert may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of Aaron Gilbert copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited. In the event you download software from this site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Aaron Gilbert. Aaron Gilbert does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Aaron Gilbert retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

FORUMS AND PUBLIC COMMUNICATION
"Forum" means a e-mail function offered as part of this site. You shall not upload to, distribute through, or otherwise publish through this site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. The Forums shall be used only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other online guests to join or become members of any commercial online service or other organization is expressly prohibited. It is Aaron Gilbert and myprescott.com's policy to respect the privacy of all guests. In addition, we may, at our sole discretion, monitor, edit, or disclose the contents of a guest's e-mail when required in the course of normal maintenance of this site and its systems or particularly when required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Aaron Gilbert; (2) protect and defend the rights or property of Aaron Gilbert; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages. By posting or uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived. You agree to indemnify Aaron Gilbert or myprescott.com for any and all claims, damages, losses, and causes of action arising as a result of your posting or uploading materials to any Forum or submitting any material to us or your failure to comply with these terms of use. While Aaron 's Computer Help, LLC and myprescott.com does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, Aaron Gilbert reserves the right to delete, move, or edit messages that Aaron Gilbert, in Aaron Gilbert sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

LINKED SITES
myprescott.com is not necessarily affiliated with sites which may be linked to this site and is not responsible for their content ("Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk.

JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting myprescott.com or Aaron Gilbert products available in the United States, its territories, possessions, and protectorates. This site is maintained by Aaron Gilbert from the company's office within the State of Arizona, United States of America. Aaron Gilbert or myprescott.com make no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION
These terms and conditions of use are effective until terminated by either party. You may terminate these terms of use at any time by not using this site and by destroying all materials obtained from this site and all related documentation and all copies and installations thereof, whether made under the terms of these terms of use or otherwise. These terms will terminate immediately without prior notice from Aaron Gilbert or myprescott.com if in Aaron Gilbert or myprescott.com's sole discretion you fail to comply with any term or provision of these terms of use. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made under the terms of these terms of use or otherwise.

DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Aaron Gilbert AND MYPRESCOTT.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Aaron Gilbert OR MYPRESCOTT.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Aaron Gilbert OR MYPRESCOTT.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Aaron Gilbert OR MYPRESCOTT.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Aaron Gilbert OR MYPRESCOTT.COM BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF Aaron Gilbert OR MYPRESCOTT.COM OR ONE OF Aaron Gilbert OR MYPRESCOTT.COM'S AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Aaron Gilbert OR MYPRESCOTT.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

OTHER
These terms shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Yavapai County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as posted by myprescott.com on this site or in writing, signed by Aaron Gilbert and myprescott.com