Terms

USE OF THIS WEBSITE, AND INFORMATION DISTRIBUTED IN CONJUNCTION WITH THIS WEBSITE, IS OFFERED TO YOU ON YOUR ACCEPTANCE OF THESE TERMS OF USE, OUR PRIVACY POLICY, AND OTHER NOTICES AND AGREEMENTS POSTED ON THIS WEBSITE. YOUR USE OF THIS WEBSITE OR OF ANY CONTENT PRESENTED IN ANY AND ALL AREAS OF THE WEBSITE INDICATES YOUR ACKNOWLEDGMENT AND AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY AND BLOGGER POLICIES, AND OTHER NOTICES AND AGREEMENTS POSTED ON THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY AND COMPLY WITH ALL OF THE FOREGOING, YOU MAY NOT ACCESS OR USE OUR WEBSITE. WE SUGGEST YOU PRINT A COPY OF EACH OF THESE DOCUMENTS FOR YOUR RECORDS.

Progressive Systems Inc., or warmislands.com (“the Company”), shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms and Conditions without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this Website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.

Use of Website
The Company authorizes you to view and access a single copy of the content available on or from www.warmislands.com (individually and collectively referred to the “Website”) solely for your use.

Your Conduct
This Website may be used only for lawful purposes relating to home and auto repair information. The Company specifically prohibits any use of the website, and all users agree not to use the Website, for any purposes other than designated by the Company, including but not limited to:

The storage of information, data, or files related to pornography, gambling, alcohol, weapons, or software or other intellectual property piracy.

Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.

Taking any action that imposes an unreasonable or disproportionately large load on this website’s infrastructure.

If you have a password allowing access to a non-public area of this Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.

Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the commonly recognized search engine and search agents, and other than generally available third party web browsers (e.g., Firefox, Safari, or Microsoft Explorer).

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.

Aggregating, copying or duplicating in any manner any of the website content or information available from this Website.
Framing of or linking to any of the website content or information available from this Website.

Participating in a denial-of-service attack against this site or against any other web site or computer environment by using this site.

Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this site any material that is unlawful or violates the rights of others.

Engaging in any screen scraping or data acquisition and consolidation.

Copying or adapting the HTML, asp.net, vd.net, XML, java script or any other dynamic code that the Company creates to generate any Website Content or the pages making up this website.

Infringing the intellectual property rights of others in any way.

Making any unauthorized commercial use of this website.

Site Security Rules
Users are prohibited from violating or attempting to violate the security of this website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Use of Website Content
The information on the Website represents the views of the individual authors as at the date of publication. As conditions change, the authors reserve the right to alter and update the content to reflect the new conditions.

The information contained on this Website is for entertainment purposes only. Nothing contained on the Website is intended to give professional or expert advice, and is not intended as a substitute for professional or expert advice.

The information contained on the Website may not be suitable for your own personal circumstances, and you are solely responsible for deciding whether any of our information is suitable for your purposes. Visitors to the Website and those who use this information do so at their own risk, and the Website and the authors of the information assume no responsibility or liability whatsoever for any direct or indirect actions taken by user of the Website.

The Company does not assume any responsibility for errors, inaccuracies or omissions in any of the articles or information posted on the Website.

The website content may contain inaccuracies or typographical errors. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. The Company is not responsible if information that made available on this site is not accurate, reliable, complete, timely, or current. Any reliance upon the material on this site will be at your own risk. We reserve the right to modify the contents of the site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to the site.

User Information
You are solely responsible for the data and information that you input or upload to the Website.

When you register for the Website, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your “Information”). In addition to the terms that may be set forth in any privacy policy on this Website, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. the Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company’s Privacy Statement for further details regarding your Information.

User Submissions
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users.

You acknowledge that any reliance on material posted by other users will be at your own risk.

The Company acts as a passive conduit for the online distribution and publication for home and auto repair information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms of Use, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication.

The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

The Website is only a venue for those interested in home and auto repair information. The Company is not involved in the actual transaction between users of this website. As a result, The Company has no control over the quality, safety or legality of information posted and the truth or accuracy of the listings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Website and/or the other Company website.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on this website, in the event that you have a dispute with one or more users, you release the Company, its subsidiaries, affiliates, officers, directors, employees, agents, and partners, from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, you waive California Civil Code d1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

No user may alter the submission of any other user in any manner. Further, by submitting content to any public or non-public area of this website, including blogs, you grant the Company the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content.

You warrant and represent that all content posted by you on this Website does not infringe upon the rights of any third parties, including but not limited to copyrights. You also warrant and represent that if you are not the holder of the rights granted herein, that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the rights to the Company as stated above. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.
You will indemnify and hold harmless the Company, its employees, agents, representatives, affiliates, and subsidiaries from and against any claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of your violation of these warranties and representations.

Customer Comments
We appreciate hearing from our customers and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of the Company. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.

Registration and Password
You are responsible for maintaining the confidentiality of your membership information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password. Your membership may not be transferred or assigned.

Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement
If you believe that your copyrighted work has been uploaded to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;

2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

3. Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;

4. Your name, address, telephone number and, if you have one, your e-mail address;

5. A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and

6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

We have designated our corporate office as our agent to receive notices of claims of copyright infringement on our website. You can contact that office by using the CONTACT FORM that is available on the majority of pages of the website.

Intellectual Property
“warmislands.com”, and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this website are the property of their respective owners, and may not be used by you in any form.

This site (including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of the Company and is protected by copyright, trademark, and other laws of the United States and other countries. The Company reserves any rights not expressly granted to you.

You may not sell or modify the Website content or reproduce, display, publicly perform, distribute, or otherwise use the website content in any way for any public or commercial purpose. The use of the website content on any other website or in a networked computer environment for any purpose is prohibited.

DISCLAIMERS

THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, 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. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE TRANSMISSION OF DATA OR INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH US (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONAL INFORMATION). WHILE WE SHALL TAKE COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF THE INFORMATION YOU PROVIDE US AND TREAT SUCH INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, IN NO EVENT WILL THE INFORMATION YOU PROVIDE TO US BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS TO YOU ON OUR PART, OR RESULT IN ANY LIABILITY TO YOU ON OUR PART IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED BY US OR ACCESSED BY THIRD PARTIES WITHOUT OUR CONSENT.

THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE CONTENTS OF THE INFORMATION YOU HAVE UPLOADED TO THE WEBSITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF FILES AND DATA, OR FAILURE TO STORE ANY FILES OR DATA. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF FILES OR DATA THOURGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPAN’S CONTROL. ALL CUSTOMERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THE FILES AND DATA TRANSFERRED TO THE SITE.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER THE COMPANY OR ANY OF ITS SUBSIDIARIES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY ‘S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR LIABILITY
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING FROM THAT DISRUPTION.

INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE COMPANY ’ WEBSITE; (II) ANY MATERIAL YOU PROVIDE TO THE COMPANY ’ WEBSITE, (III) ANY WEBSITE CONTENT THAT YOU USE OR (III) YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS, PRIVACY STATEMENT, REPRESENTATIONS AND WARRANTIES. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

Breach of Agreement
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration with, or ability to access, this Website and/or any other service provided to you by the Company, upon any breach by you of these Terms of Use or Privacy Statement, or if the Company is unable to verify or authenticate any information you submit to the Website.

Additional Terms and Conditions
The Company makes no claims that the website content may be lawfully viewed or accessed outside of the United States. Access to the website content may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms of Use, the Website’s Privacy Statements, and other relevant documents and agreements constitute the entire agreement between you and The Company with respect to the use of website. No changes to these Terms of Use shall be made except by a revised posting on this page.

In addition, without limiting any of the other disclaimers of warranty set forth in these Terms of Use, The Company does not provide or make any undertaking as to the quality or nature of the information obtained on the Website or of any of the products or services purchased through The Company website, or any other representation, warranty or guaranty.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in the in the State of New York in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms and Use shall continue in full force and effect. No waiver of any provision of these Terms and Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.