Terms & Conditions

_{APSP North Texas
USER AGREEMENT}

_{Welcome
to APSP North Texas 's User Agreement. This agreement
is a legal agreement between you and APSP North Texas regarding your use of APSP North Texas s Web site proprietary services ("Services").
By using the services, you are agreeing to the terms and conditions included
in this agreement (the "Terms of Service").}

_{1. APSP North Texas Services.}_{This agreement covers your use of APSP North Texas 's services on this site only. Your use of services
on other sites will be covered by separate agreements. Our services are
available only to individuals who can form legally binding contracts
under applicable law, and therefore, exclude minors.}

_{2. Use of the Services.}_{You may use the services for personal
and business purposes. However, you may not sell, lease or resell the
services to or on behalf of any other party. In addition, you may not
use, or permit to be used, APSP North Texas services in violation of any applicable
law, regulation or policy, or in violation of any third parties' rights.}

_{3. Terms and Conditions of Use.}

_{(a) Agreement to Terms.
By using the information, services and products available through APSP North Texas
you are agreeing to the terms and conditions contained herein.}

_{(b) Modification.
APSP North Texas reserves the right to modify the Terms of Service at any
time, and such modifications shall be effective immediately upon the
earlier of posting of the modified Terms of Service or by e-mail notification
to you.}

_{(c) You agree to review
these Terms of Service periodically to be aware of such modifications,
and your continued access or use of this Web site shall be deemed your
acceptance of the modified Terms of Service.}

_{(d) You agree that
these standards for notice of changes are reasonable.}

_{(e) You acknowledge
and agree that APSP North Texas or its affiliates may deny you access to or
use of all or part of this Web site without prior notice if you engage
in any conduct or activities that APSP North Texas in its sole discretion
believes violates any of these Terms of Service, violates the rights
of APSP North Texas , or is otherwise inappropriate for continued access and
use of this Web site.}

_{4. Your Information.}

_{(a) By giving us your
e-mail address, you are certifying in this Agreement that you have the
right to use your E-mail address.}

_{(b) By providing information
to us via this Web site (such as feedback, data, comments, questions,
suggestions, plans or ideas), you agree that such information shall be
non-confidential and that APSP North Texas shall have unlimited rights to
(or not to): use, distribute, reproduce, and disclose such information
as APSP North Texas deems appropriate, without compensation or acknowledgement
of its source. APSP North Texas shall be free to use any ideas, concepts,
know-how or techniques contained in information you provide APSP North Texas
through APSP North Texas 's Web site.}

_{(c) In exchange for
use of this Web site, you agree that any information you submit to us
will be current and complete and will not violate the rights of any third
parties, and you agree to defend, indemnify, and hold harmless APSP North Texas ,
its affiliates and content suppliers, and their successors against any
claims by third parties alleging facts in breach of these representations.}

_{(d) While APSP North Texas
will not knowingly divulge your e-mail address or any other personal
information to outside parties, you agree that APSP North Texas will not be
liable for acquisition or use of your information by any third party
without APSP North Texas 's knowledge or consent. In turn, you agree that
APSP North Texas will not be liable for the acquisition or use of personal
information about you that is not under our control.}

_{(e) APSP North Texas is
against unsolicited e-mail (SPAM) as a matter of policy. Therefore, we
will NOT send you any advertisement-only messages as part of the services.
However, in order to support this FREE service, you will receive advertisements
within the e-mail notifications you receive.}

_{5. Ownership.}

_{(a) APSP North Texas has
and shall retain all right, title and interest in and to any software
or technology used in providing the Services, and all intellectual property
rights therein.}

_{(b) All content included
on this Web site, including text, graphics, logos, buttons, icons, and
images, is the property of APSP North Texas or its affiliates, content suppliers,
or other licensors, with ownership as indicated by specific copyright
and trademark notices and/or context, and is protected by U.S. and international
copyright and trademark laws.}

_{6. Consumer Information.}_{The consumer information contained
here is intended, in part, to alert the reader to pertinent issues regarding
this site. The information contained herein is not intended as a substitute
for professional consultation. If professional assistance is required,
the services of a competent professional person should be sought.}

_{7. Pricing and Availability.}_{Any pricing information listed on
this Web site is subject to change without notice. Certain items herein
may be discontinued or may be unavailable in some areas.}

_{8. Disclaimers.}

_{(a) The availability
of the Services depends on many factors, including your connection to
the Internet, the availability of the APSP North Texas & DESIGN 's Web site or services, and equipment that is not,
by its nature, fault tolerant.}

_{(b) The services are
provided as is. No warranties are provided, whether written or oral,
expressed or implied, with respect to the services, the availability
or use of the services. The availability or use of the services, performance
of the site, results obtained or operation without interruption, any
information or products obtained or derived through use of the services,
the transmission, storage or use of your information, or any products
or services used in conjunction with the services.}

_{(c) APSP North Texas and
its suppliers specifically disclaim the implied warranties of merchantability,
noninfringement and fitness for a particular purpose with respect to
the services, availability and use of the services, any information or
products obtained or derived through use of the services, freedom from
computer virus, and any transmission or use of your information.}

_{(d) APSP North Texas and
its affiliates and content suppliers reserve the right to alter or delete
the products, services and information available from this Web site at
any time.}

_{(e) The information
contained in this Web site is provided for informational purposes only.
While APSP North Texas has tried to provide accurate and timely information,
there may be inadvertent inaccuracies and typographical errors. We reserve
the right to make changes and corrections at any time, without notice.}

_{(f) APSP North Texas does
not warrant the accuracy, completeness or usefulness of the information,
text, links or other items contained on this Web site and APSP North Texas
expressly disclaims liability for errors or omissions in these materials.}

_{(g) APSP North Texas makes
no commitment to update the information contained on this Web site.}

_{(h) Third party Web
sites listed as hypertext links herein are not under the control of APSP North Texas .
Accordingly, APSP North Texas can make no representation concerning the content
of these Web sites nor can the fact that APSP North Texas has included this
link serve as an endorsement by APSP North Texas of any of these Web sites.}

_{(i) Nothing contained in this Web site constitutes investment
advice.}

_{(j) All sales of products
listed herein are subject to our usual terms and conditions of sale.}

_{9. Trademarks.}_{All trademarks, company names, and
product names are the property of their respective owners.}

_{10. Copyright.}_{The content of this Web site, including
but not limited to, the text and images herein and their arrangement
are copyright 2006 APSP North Texas . All Rights Reserved. Certain images
herein are owned by and have been provided by our members and are used
with permission. Please contact us if you are interested in receiving
permission for commercial or non-commercial use of any of the images
or content herein.}

_{11. Limitation of liability.}_{In no event will APSP North Texas , its suppliers, licensees
or affiliates be liable for any indirect, incidental, special, exemplary
or consequential damages that result or arise from the services, the
availability or use of the services, any information or products obtained
or derived through use of the services, any other products or services
used in conjunction with the services, or any transmission or use of
your information. In no event shall APSP North Texas , its suppliers or licensees aggregate
liability to customers or any party arising from this agreement exceed
one hundred dollars ($100).}

_{12. Indemnification.}

_{(a) You agree to indemnify,
defend and hold harmless APSP North Texas , its affiliates, officers, directors,
employees, consultants, agents and suppliers from and against any and
all claims, liability, damages and/or costs (including but not limited
to reasonable attorneys' fees) arising from your use of this Web site
and the services provided under this agreement, the violation of these
terms and conditions by you, or the infringement by you, or other users
of APSP North Texas 's Web site through the use of your computer or your infringement
of any intellectual property or other right of any person or entity.}

_{(b) APSP North Texas reserves
the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you.}

_{13. Termination of Service.}

_{(a) Either you or
APSP North Texas may terminate this agreement and the services at any time
and for any reason, but until that time it remains in full force and
effect.}

_{(b) These terms are
effective until terminated by either party. You may terminate these terms
at any time by destroying all materials obtained from any and all APSP North Texas
site(s) and all related documentation and all copies and installations
thereof, whether made under these terms or otherwise.}

_{(c) These terms will
terminate immediately without notice from APSP North Texas if in APSP North Texas 's sole discretion you fail to comply with any
term or provision of this agreement.}

_{(d) Upon termination,
you must destroy all materials obtained from the site and any and all
other APSP North Texas site(s) and all copies thereof, whether made under
these terms or otherwise.}

_{(e) The terms of this
section and Sections 4, 5, 8,11 and 12 will
survive any termination of this agreement.}

_14._Message_Center_Policies

_{(a) APSP North Texas does
not and cannot monitor each and every message posted in the}_Message_Center_.

_{(b) APSP North Texas is
not responsible for any message posted, and does not vouch for or warrant
the accuracy, validity, completeness or usefulness of any message. The
messages express the views of their authors, not necessarily the views
of APSP North Texas .}

_{(c) By posting in the}_Message_Center_{, you agree:}

_{Many areas of APSP North Texas are
"public," such as our}_Message_Center_{. By submitting content in these
public areas, you grant to APSP North Texas the complete right to use, reproduce,
modify, distribute, etc., the content in any
part, anywhere.}
_{Although APSP North Texas is not
responsible for the content of these messages, we at APSP North Texas
reserve the right to delete any message for any reason or no reason
whatsoever.}
_{You remain solely responsible
for the content of your messages, and you agree to indemnify and
hold harmless APSP North Texas and its agents with respect to any claim
based upon transmission of your message(s).}
_{We at APSP North Texas also reserve
the right to reveal your identity (or whatever information we know
about you) in the event of a complaint or legal action arising from
any message posted by you.}
_{APSP North Texas may delete any and
all information, communications, postings, or Web pages for online
conduct that APSP North Texas believes is harmful to other members or
users of this Web site, the business of APSP North Texas or other third-party
information providers.}

_{(d) APSP North Texas reserves
the right to end a discussion or lock a thread if we feel that the discussion
has become unproductive or combative, or if the topic is unnecessarily
dominating the message center. APSP North Texas reserves the right to lock
a thread if there have been no messages in it for 30 days.}

_{15. Community Guidelines}

_{(a) APSP North Texas takes
pride in its community. We are protective of this community and want
it to thrive and grow. For this reason, we have implemented the Community
Guidelines, which are outlined below. These guidelines explain what you
can expect of APSP North Texas , as well as the kind of online behavior we
expect of you.}

_{(b) The number one
guideline to be followed at all times is "treat others as you would
like to be treated yourself." Abuse of other members will absolutely
not be tolerated.}

_{(c) Also, remember
that community standards are always evolving. It is important that you
periodically check this document for alterations and updates. It's all
part of taking pride in and protecting the APSP North Texas community. Thanks
for doing your part.}

_{(d) Online conduct
should be guided by common sense and basic etiquette. You will be considered
in violation of our Community Guidelines if you do any of the following:}

_{Use vulgar language, crude or
explicit sexual references, demeaning racial or ethnic remarks, and/or
hate speech.}
_{Post any material which is knowingly
false and/or defamatory, or invasive of a person's privacy.}
_{Harass, threaten, or intimidate
another member. During debate or disagreement, always address the
issue at hand, not the individual.}
_{Create multiple accounts for
use on APSP North Texas .}
_{Post, transmit, or distribute
illegal content.}
_{Post, transmit, or distribute
copyrighted or trademarked content without authorization.}
_{Impersonate another member or
individual. Impersonating a member, celebrity, APSP North Texas employee,
or administrator/moderator will result in immediate expulsion from
the community.}
_{Attempt to access other members'
passwords, account information, or private information. Remember:
APSP North Texas employees will NEVER ask for your password. Don't EVER
give your password out to anyone.}
_{Collect member information via APSP North Texas 's member
information retrieval function. The use of such information for the
purpose of sending unsolicited bulk e-mail is strictly prohibited.}
_{Engage in unsolicited E-mail
spamming of APSP North Texas members or message forums.}
_{Promote chain letters and pyramid
schemes, illegal or not, in the APSP North Texas message center or via
private e-mail to our members.}
_{Advertise products or services
in APSP North Texas 's}_Message_Center_{or to our members. This includes
(but is not limited to) auction sites and auction-related discussion
forums.}

_{16. Moderation and Enforcement of
Guidelines}

_{(a) Moderation messages
will be public. This is not done to embarrass or upset the poster but,
rather, to serve as a learning experience for all users. Similarly, messages
will not be deleted unless they are obscene, invasive of a person's privacy,
or otherwise in gross violation of our guidelines. The poster will be
warned in the same thread, with the relevant portion of the message quoted
as necessary. The poster, of course, always retains the option of editing
his/her initial message.}

_{(b) Moderations will follow a three-step process:}

_{Informal Warning.}_{This may or may not contain
those words but is a message from the moderator indicating that you
have crossed the line. Please pay attention to such messages and
follow the moderator's instructions.}
_{Formal Warning.}_{If a user has received an informal
warning and, in the next 30 days violates this or another guideline,
s/he will receive a formal warning. Formal warnings may also be issued
immediately for gross violations of the rules, directly insulting
another user, or arguing a moderation call in the thread.}
_Suspension._{A user who has been issued
a formal warning and again violates Community Guidelines will receive
a 30-day suspension. Suspensions are automatic, but may be appealed
via

e-mail. We reserve the right to issue a suspension for blatant attempts
to disrupt the forum, use of multiple IDs in any}_Message_Center_{forum, or if in the opinion
of the moderator, such an action is required to ensure the safety, comfort
and/or enjoyment of the forum by other users. Continued violation of
APSP North Texas Community Guidelines after suspension may result in permanent
expulsion.}

_{17. Miscellaneous.}

_{(a) Entire Agreement.
This agreement constitutes the entire agreement between you and APSP North Texas
with respect to the services and supersedes all other agreements, contemporaneous
and prior, between you and APSP North Texas with respect to the services.}

_{(b) Nonwaiver. APSP North Texas 's failure
to enforce any provision of this agreement will not be construed as a
waiver of any provision or right.}

_{(c) Amendment. APSP North Texas
can revise these Terms and Conditions by updating this posting. No amendment
or modification hereof will be valid or binding upon either party unless
assented to by APSP North Texas .}

_{(d) Severability.
In the event that a portion of this agreement is held unenforceable,
the unenforceable portion will be construed in accordance with applicable
law as nearly as possible to reflect the original intentions of the parties,
and the remainder of the provisions will remain in full force and effect.}

_{(e) No Estoppel. Waiver
by either party of a breach of any provision of this Agreement or the
failure by either party to exercise any right hereunder shall not operate
or be construed as a waiver of any subsequent breach of that right or
as a waiver of any other right.}

_{(f) Act of God. APSP North Texas
will not be liable in any amount for failure to perform any obligation
under this agreement if such failure is caused by the occurrence of any
unforeseen contingency beyond the reasonable control of such party including
without limitation Internet outages, communications outages, fire, flood,
war or act of God.}

_{(g) No Obligation
to Monitor. APSP North Texas does not have any obligation to monitor use of
the services, but APSP North Texas may do so and may also disclose information
regarding your use of the services to satisfy laws, regulations or other
government requests.}

_(h)_{North Carolina}_{Agreement. As you are accessing the
information on the APSP North Texas Web site on a server in}_Salisbury_,_{North Carolina}_{, the information contained on APSP North Texas
Web site shall be deemed provided in}_{North Carolina}_{and shall be deemed subject to}_{North Carolina}_{law. These Terms and Conditions will
be governed and interpreted pursuant to the laws of}_{North Carolina}_{, notwithstanding any principles of
conflicts of law.}