Terms of Service for DUI Bulletin Board

1) ACCEPTANCE OF TERMS

Welcome to DUI-Online. DUI provides the DUI-Online Bulletin Board service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. You can review the most current version of the TOS at any time at: http://www.dui-online.com/tos.htm Please note that other DUI services, outside of DUI-Online, are governed by a different Terms of Service.

BY SIGNING ON TO DUI-ONLINE AS A GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.

These Terms of Service govern your use of the Service, as hereinafter defined. DUI shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter the Service. The Terms of Service for your continued use of the Service will be available at http://www.dui-online.com/tos.htm Please check these areas before using the Service to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with the Service immediately

a) by notifying DUI-ONLINE of your unwillingness to accept the changes to the Terms of Service; and
b) by discontinuing your use of the Service. Your continued use of the Service will signify your acceptance of any change in the terms and conditions set forth herein.

2) DESCRIPTION OF SERVICE

DUI-Online currently provides users with access to a rich collection of on-line resources, including a real-time interactive Bulletin Board (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new DUI-Online resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

3) YOUR REGISTRATION OBLIGATIONS

In consideration of use of the Service, you agree to:

a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
c) If you provide any information that is untrue, inaccurate, not current or incomplete, or DUI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DUI has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4) DUI PRIVACY POLICY

DUI will not disclose to third parties any information contained in your Registration Data or related data, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOS.

5) MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not DUI, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. DUI does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:

a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, a DUI official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, repetitively post identical, similar or off-topic messages, or otherwise act in a manner that negatively affects other users' ability to engage in real time or threaded exchanges;
j) post or download high volumes of files or otherwise engage in bandwidth usage that disrupts services for others;
k) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
l) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
m) "stalk" or otherwise harass another;
n) collect or store personal data about other users;
o) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
p) modify, move, delete or otherwise tamper with the information and other content contained on the Site
q) have multiple DUI-Online user names or accounts; or
r) engage in commercial activities. This includes, but is not limited to, the following activities:
s) offering for sale any products or services;
t) soliciting for advertisers or sponsors;
u) conducting raffles or contests that require any type of entry fee.

You acknowledge and agree that DUI may ban you from future use of the Services if you do not comply with DUI's standards of conduct and these Terms of Service, even if you attempt to use the Services through another Client or under a different name. Furthermore, you acknowledge and agree that DUI may recover damages from you if you violate these terms.

6) Remedies for Breach of these Terms of Service / Injunctive Relief

In the event that DUI determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the Site, DUI reserves the right, without limiting any and all other rights and remedies available to DUI under applicable law, to

a) warn you via e-mail that you have violated these Terms of Service;
b) delete any content provided by you or your agent(s) to DUI;
c) delete all content provided by you to DUI;
d) discontinue your registration with DUI;
e) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
f) any other action that DUI deems to be appropriate.
You acknowledge that it would be impossible or inadequate to measure and calculate all of DUI's damages for the breach of certain provisions of this Agreement. Accordingly, if you breach or threaten to breach any of your obligations hereunder, DUI shall be entitled, without showing or proving any actual damage sustained, to a temporary restraining order, and shall thereafter be entitled to apply for a preliminary injunction, permanent injunction, and/or order compelling specific performance, to prevent the breach of your obligations under this Terms of Service. Nothing in this Terms of Service shall be interpreted as prohibiting DUI from pursuing or obtaining any other remedies as otherwise available to it for such actual or threatened breach, including recovery of damages.

7) SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8) CONTENT SUBMITTED TO DUI ONLINE
DUI does not claim ownership of the Content you place on the DUI-Online Bulletin Board. By submitting Content to DUI for inclusion, you do grant DUI the worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content on DUI's Internet properties. This license exists in perpetuity.

You acknowledge that DUI does not pre-screen Content, but that DUI and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, DUI and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

9) INDEMNITY

You agree to indemnify and hold DUI, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

10) NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

11) MODIFICATIONS TO SERVICE

DUI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DUI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12) TERMINATION

You agree that DUI, in its sole discretion, may terminate your password, the DUI-Online Site, use of the Service or use of any other DUI service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if DUI believes that you have violated or acted inconsistently with the letter or spirit of the TOS. DUI may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that DUI may immediately deactivate or delete your DUI Online Account and all related information and files in your DUI Online Site and/or bar any further access to such files or the Service. Further, you agree that DUI shall not be liable to you or any third-party for any termination of your access to the Service.

13) LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DUI has no control over such sites and resources, you acknowledge and agree that DUI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DUI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14) DUI PROPRIETARY RIGHTS

You further acknowledge and agree that Content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DUI, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.

DUI grants you a personal, non-transferable and non-exclusive right and license to view the Content on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, sell, assign, sublicense, or otherwise transfer any right in the Content. You agree not to access or attempt to access the Service by any means other than through the interface that is provided by DUI for use in accessing the Service.

15) DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DUI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DUI MAKES NO WARRANTY THAT

a) THE SERVICE WILL MEET YOUR REQUIREMENTS,
b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND
d) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

16) LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DUI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DUI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

a) THE USE OR THE INABILITY TO USE THE SERVICE;
b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
e) ANY OTHER MATTER RELATING TO THE SERVICE.

17) EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16) AND 17) MAY NOT APPLY TO YOU.

18) NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

19) COPYRIGHTS

DUI respects the intellectual property rights of others and we ask our users to do the same. Please see our copyright policy at http://www.dui-online.com/copyright.htm

20) COPPA Compliance

The DUI-Online BBS is not directed at children under the age of 13, and registration by persons under the age of 13 is strictly prohibited.

21) GENERAL INFORMATION

The TOS constitute the entire agreement between you and DUI and govern your use of the Service, superseding any prior agreements between you and DUI (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other DUI services, third-party content or third-party software. The TOS and the relationship between you and DUI shall be governed by the laws of the State of California without regard to its conflict of law provisions. By using and/or registering for the Service, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in San Diego, California, for any and all actions arising from or relating to the Services and/or this Terms of Service.

The failure of DUI to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

22) VIOLATIONS

Please report any violations of the TOS to our TOS MONITOR kathy@dui-online.com

UNCONTROLLED IF PRINTED