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Terms of Use
Northwest Technologies
Employee Benefits Program
August 8, 2002
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE
BOUND BY THESE TERMS AND CONDITIONS.
This Web site (the "Web Site") is a service made available by
Northwest Technologies Benefits Program
("Provider") and all content, information and software
provided on and through the Web Site ("Content") may be used
solely under the following terms and conditions ("Terms of
Use").
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Web Site
License.
As a user of this Web Site you are granted a nonexclusive,
nontransferable, revocable, limited license to access and
use the Web Site and Content in accordance with these Terms
of Use. Provider may terminate this license at any time for
any reason.
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Limitations on Use.
The Content on this Web Site is for personal use only and
not for commercial exploitation. You may not decompile,
reverse engineer, disassemble, rent, lease, loan, sell,
sublicense, or create derivative works from the Web Site or
the Content. Nor may you use any network monitoring or
discovery software to determine the site architecture, or
extract information about usage or users. You may not use
any robot, spider, other automatic device, or manual process
to monitor or copy our Web Site or the Content without
Provider's prior written permission. You may not copy,
modify, reproduce, republish, distribute, display, or
transmit for commercial, non-profit or public purposes all
or any portion of the Web Site, except to the extent
permitted above. You may not use or otherwise export or
re-export the Web Site or any portion thereof, the Content
or any software available on or through the Web Site in
violation of the export control laws and regulations of the
United States of America. Any unauthorized use of the Web
Site or its Content is prohibited.
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Not
Medical Advice.
Content contained on or made available through the Web Site
is not intended to and does not constitute medical advice,
nor does any response from Provider create a
physician-patient relationship or constitute the practice of
medicine. Anything submitted to this Web Site will be
subject to the Privacy Policy but may not be treated as
confidential. The information available on this Web Site
and from linked sites should not be used as a substitute or
supplement for professional medical advice. The accuracy,
completeness, adequacy or currency of the Content is not
warranted or guaranteed. Your use of information on the Web
Site or materials linked from the Web Site is at your own
risk.
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Not
Insurance Contract.
The use of this Web Site and your submission of information
or your response to any questions on the Web Site does not
create a contract of insurance or obligate or commit the
Provider or any of the insurers with which it does business
to bind or offer a contract of insurance to you, or to a
broker, agent or employer.
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License of
Your Content to Provider.
By uploading content to or submitting any materials for use
on the Web Site, you grant (or warrant that the owner of
such rights has expressly granted) Provider 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.
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Intellectual Property Rights.
Except as expressly provided in these Terms of Use, nothing
contained herein shall be construed as conferring any
license or right, by implication, estoppel or otherwise,
under copyright or other intellectual property rights. You
agree that the Content and Web Site are protected by
copyrights, trademarks, service marks, patents or other
proprietary rights and laws.
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Digital
Millennium Copyright Act -- Notification of Alleged
Copyright Infringement.
Provider has registered an agent with the United States
Copyright Office in accordance with the terms of the Digital
Millennium Copyright Act (the "Act") and avails itself of
the protections under the Act. Provider reserves the right
to remove any Content or links that allegedly infringe
another person's copyright. Notices to Provider regarding
any alleged copyright infringement should be directed to our
Copyright Agent.
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Linking to
the Web Site.
You may provide links only to the homepage of this Web Site,
provided (a) you do not remove or obscure, by framing or
otherwise, any portion of the homepage, (b) you give
Provider notice of such link by sending an e-mail to our
Webmaster and (c) you discontinue providing links to
this Web Site if requested by Provider. If you wish to
provide links to a section within the Web Site, you should
forward your request to Provider at
Webmaster and Provider will notify you if permission is
granted, and if so the terms and conditions of the
permission.
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No
Solicitation.
In no event may any person or entity solicit any Users with
data retrieved from this Web Site.
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Advertisers.
This Web Site may contain advertising and sponsorship.
Advertisers and sponsors are responsible for ensuring that
material submitted for inclusion on the Web Site is accurate
and complies with applicable laws. Provider will not be
responsible for the illegality of or any error or inaccuracy
in advertisers' or sponsors' materials.
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Registration.
Certain sections of this Web Site require you to register.
If registration is requested, you agree to provide Provider
with accurate, complete registration information. It is your
responsibility to inform Provider of any changes to that
information. Each registration is for a single person only,
unless specifically designated otherwise on the registration
page. Provider does not permit a) any other person using the
registered sections under your name; or b) access through a
single name being made available to multiple users on a
network. You are responsible for preventing such
unauthorized use. If you believe there has been unauthorized
use, you must notify Provider immediately by emailing
Webmaster.
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Errors and
Corrections.
Provider does not represent or warrant that the Web Site
will be error-free, free of viruses or other harmful
components, or that defects will be corrected. Provider does
not warrant or represent that the information available on
or through the Web Site will be correct, accurate, timely,
or otherwise reliable. Provider may make improvements and/or
changes to its features, functionality or Content at any
time.
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Third
Party Content.
Third party content may appear on this Web Site or may be
accessible via links from this Web Site. Provider is not
responsible for and assumes no liability for any mistakes,
misstatements of law, defamation, slander, libel, omissions,
falsehood, obscenity, pornography or profanity in the
statements, opinions, representations or any other form of
content contained in any third party content appearing on
the Web Site. You understand that the information and
opinions in the third party content is neither endorsed by
nor does it reflect the belief of Provider.
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DISCLAIMER.
THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS. PROVIDER
EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR
ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND
RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY
ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT,
INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND
TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR
CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH
LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY
ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF
THE WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS
WEB SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN
CONNECTION WITH THE WEB SITE.
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LIMITATION
OF LIABILITY.
PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM,
LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF
THE WEB SITE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL,
DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR
ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE
THE WEB SITE OR THE CONTENT. TO THE EXTENT THE FOREGOING
LIMITATION OF LIABILITY IS PROHIBITED, PROVIDER'S SOLE
OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
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Unlawful
Activity.
Provider reserves the right to investigate complaints or
reported violations of the Terms of Use and to take any
action Provider deems appropriate including but not limited
to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties
and disclosing any information necessary or appropriate to
such persons or entities relating to user profiles, e-mail
addresses, usage history, posted materials, IP addresses and
traffic information.
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Remedies
for Violations.
Provider reserves the right to seek all remedies available
at law and in equity for violations of these Terms of Use,
including but not limited to the right to block access from
a particular internet address to the Provider's Web Sites
and their features.
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Governing
Law and Jurisdiction.
The Terms of Use are governed by and construed in accordance
with the laws of the State of Washington.
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Privacy.
Your use of the Web Site is subject to Provider's Privacy
Policy, available through this link.
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Severability of Provisions.
These Terms of Use incorporate by reference any notices
contained on the Web Site and the Privacy Policy constitute
the entire agreement with respect to access to and use of
the Web Site. If any provision of these Terms of Use is
unlawful, void or unenforceable then that provision shall be
deemed severable from the remaining provisions and shall not
affect their validity and enforceability.
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Modifications to Terms of Use.
Provider reserves the right to change these Terms of Use at
any time. Updated versions of the Terms of Use will appear
on this Web Site and are effective immediately. You are
responsible for regularly reviewing the Terms of Use.
Continued use of the Web Site after any such changes
constitutes your consent to such changes.
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