Pine Creek Gear Legal and Conditions of Use

LEGAL AGREEMENT AND CONDITIONS OF USE

PRIVACY & PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement page for disclosures relating to the collection and use of your personal information.

CUSTOMER ACCOUNT, PASSWORD, AND SECURITY
If a particular PINE CREEK SYSTEMS Web Site, or any product or service offered on any PINE CREEK SYSTEMS Web Site (each a "PINE CREEK SYSTEMS Site/Service", and collectively "PINE CREEK SYSTEMS Sites/Services") requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Pine Creek Systems immediately of any unauthorized use of your account or any other breach of security. Pine Creek Systems will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Pine Creek Systems or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE
Pine Creek Systems reserves the right to change the terms, conditions, and notices under which the PINE CREEK SYSTEMS Sites/Services are offered, including but not limited to the charges associated with the use of the PINE CREEK SYSTEMS Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the PINE CREEK SYSTEMS Sites/Services constitutes your agreement to all such terms, conditions, and notices.

LINKS TO THIRD PARTY SITES
The PINE CREEK SYSTEMS Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Pine Creek Systems and Pine Creek Systems is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pine Creek Systems is not responsible for web casting or any other form of transmission received from any Linked Site nor is Pine Creek Systems responsible if the Linked Site is not working appropriately. Pine Creek Systems is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pine Creek Systems of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the PINE CREEK SYSTEMS Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Pine Creek Systems shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the PINE CREEK SYSTEMS Sites/Services, you will not use the PINE CREEK SYSTEMS Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the PINE CREEK SYSTEMS Sites/Services in any manner that could damage, disable, overburden, or impair any PINE CREEK SYSTEMS Site/Service(s) (or the network(s) connected to any PINE CREEK SYSTEMS Site/Service(s)) or interfere with any other party's use and enjoyment of any PINE CREEK SYSTEMS Site/Service(s). You may not attempt to gain unauthorized access to any PINE CREEK SYSTEMS Site/Service, other accounts, computer systems or networks connected to any PINE CREEK SYSTEMS Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the PINE CREEK SYSTEMS Sites/Services.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PINE CREEK SYSTEMS SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE PINE CREEK SYSTEMS SITES/SERVICES AND TO THE INFORMATION THEREIN. PINE CREEK SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PINE CREEK SYSTEMS SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE PINE CREEK SYSTEMS SITES/SERVICES SHOULD NOT BE RELIED UPON FOR ANY FINANCIAL DECISIONS

PINE CREEK SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE PINE CREEK SYSTEMS SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PINE CREEK SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT PINE CREEK SYSTEMS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN PINE CREEK SYSTEMS SITE/SERVICE. YOU SPECIFICALLY AGREE THAT PINE CREEK SYSTEMS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PINE CREEK SYSTEMS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN PINE CREEK SYSTEMS SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL PINE CREEK SYSTEMS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PINE CREEK SYSTEMS SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE PINE CREEK SYSTEMS SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PINE CREEK SYSTEMS SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE PINE CREEK SYSTEMS SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PINE CREEK SYSTEMS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PINE CREEK SYSTEMS SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PINE CREEK SYSTEMS SITES/SERVICES.

PINE CREEK SYSTEMS MAKES NO WARRANTY THAT ANY PINE CREEK SYSTEMS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
TERMINATION/ACCESS RESTRICTION

Pine Creek Systems reserves the right, in its sole discretion, to terminate your access to any or all PINE CREEK SYSTEMS Sites/Services and the related services or any portion thereof at any time, without notice.

Pine Creek Systems may also terminate or suspend your access to PINE CREEK SYSTEMS Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Pine Creek Systems. Upon termination of the PINE CREEK SYSTEMS Site/Service, your right to use the PINE CREEK SYSTEMS Site/Service immediately ceases.

Pine Creek Systems shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

GENERAL
The laws of the State of Oregon, U.S.A., govern this agreement. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Josephine County, Oregon, U.S.A. in all disputes arising out of or relating to the use of the PINE CREEK SYSTEMS Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pine Creek Systems as a result of this agreement or use of the PINE CREEK SYSTEMS Sites/Services. You agree to indemnify and hold Pine Creek Systems, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the PINE CREEK SYSTEMS Sites/Services. Pine Creek Systems reserves the right to disclose any personal information about you or your use of the PINE CREEK SYSTEMS Sites/Services, including its contents, without your prior permission if Pine Creek Systems has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Pine Creek Systems or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Pine Creek Systems's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pine Creek Systems's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the PINE CREEK SYSTEMS Sites/Services or information provided to or gathered by Pine Creek Systems with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pine Creek Systems with respect to the PINE CREEK SYSTEMS Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pine Creek Systems with respect to the PINE CREEK SYSTEMS Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES
All contents of the Pine Creek Systems and Affiliated Web Sites are: Copyright � 1997 - 2009 Pine Creek Systems, Ltd. and/or its suppliers, 711 South Carson St, Carson City, NV 89701 U.S.A. All rights reserved.

TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.