Terms of Service

Acceptance of Terms

Website DavidHaertzen.com, owned by First Place Software, Inc. (FPSI) provides its service to you, subject to the following Terms of Service, (TOS). It is your responsibility to check the TOS because it may be updated from time to time without notice.

Service Description

Website DavidHaertzen.com currently provides users with access to information, including, a directory of internet?s websites (the “Service”). You understand and agree that the Service may contain communications from FPSI, such as service announcements, administrative messages and the DavidHaertzen.com newsletter, and that these communications are considered part of the Service. You also understand and agree that the Service may include advertisements, sponsored links, promotional listings, or paid placement. Unless explicitly stated otherwise, any new features enhancing the current Service, including the release of new DavidHaertzen.com features and services, shall be subject to the TOS.

User Registration

If you become an DavidHaertzen.com registered user – which is required only if you want to take advantage of such services that are offered only to registered users – you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

Security

You will enter a username and password when registering as a user. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username. You agree to immediately notify FPSI of any unauthorized use of your username or any other breach of security. FPSI is not liable for any loss or damage arising from your failure to follow these instructions.

Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at David Haertzen Privacy Policy.

Indemnity

You agree to indemnify and hold FPSI, and its subsidiaries, affiliates, officers, agents, co-branders 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 Sites you submit, or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

No Resale of Service

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

General Practices Regarding Use

You acknowledge that FPSI may establish general practices and limits concerning use of the Service. You agree that FPSI has no responsibility or liability for the deletion or failure to store any messages and other communications or other Sites maintained or transmitted by the Service. You acknowledge that FPSI reserves the right to deactivate accounts that violate our TOS,
or violate our Submission Policies. You further acknowledge that FPSI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Modifications to Service

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

Termination

You agree that FPSI, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Site within the Service, for any reason, including, without limitation, if FPSI believes that you have violated the TOS. FPSI 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
FPSI immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that FPSI shall not be liable to you or any third-party for any termination of your access to the Service.

Advertisers

Your dealings with advertisers found on or through the Service are solely between you and such advertiser. You agree that DavidHaertzen.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

External Sites

The Service provides links to other World Wide Web sites or sources. Because DavidHaertzen.com has no control over such sites and resources, you acknowledge and agree that DavidHaertzen.com 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 DavidHaertzen.com 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.

FPSI Proprietary Rights

You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DavidHaertzen.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.

Warranty Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. FPSI 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.

FPSI MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

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

Liability Limitations

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FPSI SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE SERVICE;

(ii) 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;

(iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

(iv) ANY OTHER MATTER RELATING TO THE SERVICE.

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 MAY NOT APPLY TO YOU.

Termination

FPSI 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) for any reason without notice.

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 you on the Service.

Trademark Information

FPSI trademarks and service marks, and other FPSI logos and product and service names (FPSI Marks) are trademarks of FPSI. You agree not to display or use in any manner, the FPSI Marks without FPSI’s prior permission.

Copyrights

FPSI respects the intellectual property of others, and we expect our users to do the same. If you believe that your work has been infringed or your intellectual property rights have been otherwise violated, please provide FPSI the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  • a description of the infringed copyrighted work;
  • a description of where the infringing material is located on the site;
  • your address, email address, and telephone number;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.Notice of claims of copyright infringement should be sent via Certified Mail to:First Place Software,Inc.

c/o Legal Department
14870 Granada Avenue #319
Apple Valley, MN 55124

General Information

The Terms of Service constitute the entire agreement between you and FPSI, superceding any other agreements between you and DavidHaertzen.com. The TOS and the relationship between you and FPSI shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and FPSI agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dakato, Minnesota. The failure of FPSI 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.