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Terms of Service


  

Welcome to the Yates Lake Website (Yates.USLakes.info). Please review the following terms and conditions concerning your use of the Website. By accessing, using or downloading any materials from the Website, you agree to follow and be bound by these terms and conditions (the "Terms"). Lakes Online reserves the right to change the Terms at any time and in its sole discretion. In case of any violation of the Terms, Sunsphere Enterprises reserves the right to seek all remedies available to it in law and in equity. In order to access and use any Sunsphere Enterprises' services, you must agree to the terms of Software License and Services Agreement.

OWNERSHIP

You acknowledge that all materials provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by Sunsphere Enterprises or by their respective third-party authors, developers and vendors ("Third-Party Providers") and the underlying intellectual property rights are owned by Sunsphere Enterprises and/or its Third-Party Providers. Elements of the Website are protected by ???trade dress??? and other laws and may not be copied or imitated in whole or in part. Sunsphere Enterprises, the Sunsphere Enterprises logo, Sunsphere Enterprises Search, ???Enterprise Search??? and other Sunsphere Enterprises products referenced herein are trademarks of Sunsphere Enterprises, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

LIMITED LICENSE & RESTRICTIONS

Subject to the terms and conditions of this Agreement, Sunsphere Enterprises hereby grants you permission to display, cache, and download Sunsphere Enterprises' Materials on this Web site provided that: (1) you display the relevant ownership notices provided with the Materials; (2) except as provided in a separately executed Sunsphere Enterprises Software License and Services Agreement between you and Sunsphere Enterprises, the use of such Materials is solely for your personal, non-commercial and informational use and will not be used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions.

Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior expressed written permission of Sunsphere Enterprises or the Third-Party Provider. Also, you may not "mirror" any Materials contained on this Website on any other server without Sunsphere Enterprises's prior expressed written permission.

Except where expressly provided otherwise by Sunsphere Enterprises, nothing on this Website shall be construed to confer any license under any of Sunsphere Enterprises' or any Third-Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third-Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Sunsphere Enterprises. Sunsphere Enterprises does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Sunsphere Enterprises.

Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

TERMINATION OF SERVICES/Website

Sunsphere Enterprises may modify or discontinue its Website or the Materials provided here at any time, with or without notice to you. Sunsphere Enterprises will not be liable to you or any third party as a result of such modification or discontinuation. Sunsphere Enterprises reserves the right, in its sole discretion and at any time, to terminate your access to the Website and/or any of its services without liability to you or any third party. In addition, access to the Website may be monitored by Sunsphere Enterprises. Upon termination of these Terms, you will immediately destroy any downloaded or printed Materials.

LINKS TO THIRD-PARTY SITES

This Website may contain links to Websites controlled by parties other than Sunsphere Enterprises. Sunsphere Enterprises is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party Websites. Sunsphere Enterprises is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sunsphere Enterprises of the linked Website. You should refer to the policies posted by other Websites regarding privacy and other topics before you use them. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

SUBMISSIONS

Except where expressly provided otherwise by Sunsphere Enterprises, all comments, feedback, information or materials submitted to Sunsphere Enterprises through or in association with this Website ("Submissions") shall be considered non-confidential and Sunsphere Enterprises' property. By providing such Submissions to Sunsphere Enterprises, you agree to assign to Sunsphere Enterprises, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Sunsphere Enterprises shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Sunsphere Enterprises, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

DISCLAIMER

THE MATERIALS ON THE Website ARE PROVIDED "AS IS," ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND SUNSPHRE ENTERPRISES HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY ???INVALID???. SUNSPHERE ENTERPRISES MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE Website OR ANY OTHER Website REFERENCED BY THIS Website.

LIMITATION OF LIABILITY

IF YOU ARE NOT SATISFIED WITH OUR Website, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE Website. SUNSPHERE ENTERPRISES SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS, OR USE OR INABILITY TO USE THE Website. IN NO EVENT SHALL SUNSPHERE ENTERPRISES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS Website, EVEN IF SUNSPHERE ENTERPRISES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE Website AND YOU WILL NOT MAKE A CLAIM AGAINST SUNSPHERE ENTERPRISES FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD SUNSPHERE ENTERPRISES HARMLESS FROM, AND YOU ???COVENANT NOT??? TO SUE SUNSPHERE ENTERPRISES FOR, ANY CLAIMS BASED ON/OR RELATED TO THE USE OF THE Website. THE EFFECTIVENESS OF THESE LIMITATIONS IS AN EXPRESSED PRECONDITION TO YOUR USE OF THIS Website.

INDEMNIFICATION

In exchange for accepting the benefits you receive by accessing this Website, you agree to defend, indemnify, and hold harmless Sunsphere Enterprises, its officers, directors, employees, agents, and partners, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Website, your violation of these Terms, or your violation of any laws, regulations, or third-party rights.

SUNSPHERE ENTERPRISES PRIVACY POLICY

Sunsphere Enterprises is concerned about your privacy and has developed a policy to address those concerns. You can find the current privacy policy by clicking on "Privacy Statement" at the bottom of each page of the Website or by visiting http://www.sunsphere.net/privacy.htm.

GENERAL

These Terms will be governed by and construed in accordance with the laws of the State of Tennessee. Any legal action or proceedings relating to or arising out of these Terms or your use of the Website will be brought in a federal or state court in Knox County, Tennessee, and you submit to the venue and personal jurisdiction of such court. If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except for other agreements or terms appearing on the Web site, these Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof.

ADDITIONAL INFORMATION

Any questions relating to this Website or Sunsphere Enterprises' Terms of Use may be directed to our Contact Page

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