Terms of Service
I (an individual named Anthony Noe) run a website, forums, occasionally a blog, and may provide hosting in one form or another – all of which I invite you to use. This website is free to access, although I may refer to or offer products and services that require payment. Such referral or offer may be on behalf of myself or on behalf of partners, affiliates, or others with which I have a professional relationship.
Terms and Conditions:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer, your acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
If you create an account on the Website, you are responsible for maintaining the security of your account and associated content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Anthony Noe may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Anthony Noe liability. You must immediately notify Anthony Noe of any unauthorized uses of your account or any other breaches of security. Anthony Noe will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you contribute to a blog, forum, or comment on a blog or post, or upload material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (such material being “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
(1) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
(2) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
(3) you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
(4) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
(5) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
(6) the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
(7) you are not advertising via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
(8) you are not named in a manner that misleads your readers into thinking that you are another person or company, and
(9) you have, in the case of any Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Anthony Noe or otherwise.
By submitting Content to Anthony Noe for inclusion on the Website, you grant Anthony Noe a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the content and the Website. You cannot delete Content from the Website, and Anthony Noe will not be responsible for its removal from the Website. You acknowledge that such Content may continue to be made available.
Without limiting any of those representations or warranties, Anthony Noe has the right (though not the obligation) to, in Anthony Noe’s sole discretion (i) refuse or remove any content that, in Anthony Noe’s opinion, violates any Anthony Noe policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Anthony Noe’s sole discretion. Anthony Noe will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal
Various and optional paid services may become available on the Website, as well as random products (any such services or products are hereinafter referred to as “Products & Services”). By selecting Products & Services you agree to pay Anthony Noe the monthly or annual subscription fees indicated for that product or service. Payments will be charged on a pre-pay basis on the day you sign up for Products & Services and will cover the use of that product or service (if it is a one-time charge), or for a monthly or annual subscription period as may be indicated. Products & Services fees are not refundable.
Content Posted on Other Websites
I have not reviewed, and cannot review, all of the material, including computer software, made available through the content of Website users, including links, and I do not have any control over those outside websites and web pages and am not responsible for their contents or their use. By linking to a website or web page, Anthony Noe does not represent or imply that it endorses such website or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Anthony Noe denies any responsibility for any harm resulting from your use of such websites and web pages.
Copyright Infringement and DMCA Policy
As Anthony Noe asks others to respect his intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by an Anthony Noe website violates your copyright, you are encouraged to notify Anthony Noe in accordance with the Digital Millennium Copyright Act (“DMCA”) at the following address:
Monument, CO 80132
Anthony Noe will respond to all such notices, including removing the infringing material or disabling all links to the infringing material as required or appropriate. Anthony Noe will terminate a visitor’s access to use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Anthony Noe or others. In the case of such termination, Anthony Noe will have no obligation to provide a refund of any amounts previously paid to Anthony Noe.
This Agreement does not transfer from Anthony Noe to you any intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Anthony Noe.
Anthony Noe, Anthony Noe Blog, Rocky Mountain Webmaster, and any other trademarks, service marks, graphics or logos used in connection with any Anthony Noe Website, are trademarks or registered trademarks of Anthony Noe or Anthony Noe licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Anthony Noe or third-party trademarks, service marks, graphics, and logos.
Anthony Noe reserves the right to display advertisements anywhere on the Website unless you have purchased an ad-free product or service.
Anthony Noe reserves the right to display attribution links such as ‘Created by Anthony Noe’ or similar information about unrelated products or services unless you have purchased a product or service that specifically prohibits such displays.
If you are registering a domain name, or you are using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
Anthony Noe reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes an acceptance of those changes. Anthony Noe may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features, products and/or services shall be subject to the terms and conditions of this Agreement.
Anthony Noe may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Website account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have an account that can only be terminated by Anthony Noe, if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Anthony Noe’s notice to you thereof; provided that, Anthony Noe can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Anthony Noe and its partners, affiliates, suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Anthony Noe nor its partners, affiliates, suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand and agree that you download from, or otherwise obtain content, products or services through the Website at your own discretion and risk.
Limitation of Liability
In no event will Anthony Noe, or its partners, affiliates, suppliers and licensors be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Anthony Noe under this agreement during the twelve (12) month period prior to the cause of action. Anthony Noe shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Anthony Noe, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Anthony Noe and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Anthony Noe, or by the posting by Anthony Noe of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Arapahoe County, Colorado. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Englewood, Colorado, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Anthony Noe may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Anthony Noe may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. Please note that use of "We" or "we" in the following is meant to be interpreted as meaning and including Anthony Noe, associated contractors, agents, private representatives, affiliates and vendors.
The effective date of this policy is January, 1, 2016.
What is Collected
The following information may be collected:
– your name and job title
– your contact information including email address
– your demographic information such as postcode, preferences and interests
– other information relevant to customer surveys and/or offers
What is done with the information gathered
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal Record Keeping
We may use the information to improve our products and services. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
If you believe that we may hold information that is related to your use of the Website and you believe it is incorrect or incomplete, please contact Anthony Noe at the address below soon as possible.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may, however, prevent you from taking full advantage of the website.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
– whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
– if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to us.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please contact us at the following address:
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Potential savings values are approximate and provided for general reference purposes only. Regional temperatures‚ energy costs‚ and emissions based on national averages published by the US Department of Energy and the US Environmental Protection Agency.
Actual energy savings will vary depending on the HVAC system‚ average indoor/outdoor temperature‚ length of cooling season‚ geography‚ actual energy costs‚ and other factors. Applicable data represents center of glass values in accordance to NFRC 100/200‚ and is measured on NFRC required glass types. Actual performance will vary and any emission savings estimates are based on average CO2 emissions from electric power generation per region in the United States (as determined by the United States Environmental Protection Agency as of July 2000) and is not adjusted for CO2 emissions that may result from manufacturing processes.
This disclaimer includes misuse, accident, lightning, flood, tornado, tsunami, volcanic eruption, earthquake, hurricanes and other Acts of God, negligence, damage from improper reading, incorrect line voltage, improper or unauthorized use, broken antenna or marred cabinet, missing or altered serial numbers, removal of tag, electromagnetic radiation from nuclear blasts, sonic boom, crash, ship sinking or taking on water, motor vehicle crashing, dropping the item, falling rocks, leaky roof, broken glass, mud slides, forest fire, or projectile (which can include, but not be limited to, arrows, bullets, shot, BB’s, paintball, shrapnel, lasers, napalm, torpedoes, or emissions of X-rays, Alpha, Beta and Gamma rays, knives, stones, etc.).
All readers who are taking any form of prescription medication should consult with their physicians before making any changes to their current reading habits.
Neither the author nor the publisher shall be liable for any loss or damage allegedly arising from any information or suggestion in this Website. All matters regarding your health require medical supervision. This Website is not meant to be used, nor should it be used, to diagnose or treat any medical condition. For diagnosis or treatment of any medical condition, consult your own physician.
Website may not reflect the thoughts or opinions of Anthony Noe, employees, friends, groupies, or acquaintances Do not quote anything on this Website; all rights reserved; you may not distribute this message freely unless you make a profit from it and distribute it directly to Anthony Noe.
Terms are subject to change without notice; illustrations are slightly enlarged to show detail; any resemblance to actual persons, living or dead, is unintentional and purely coincidental; do not remove this disclaimer under the possible penalty of law; hand wash only, tumble dry on low heat; do not bend, fold, mutilate, or spindle, and your mileage may vary.
No substitutions are allowed; available for a limited time only; this message is void where prohibited, taxed, or otherwise restricted; caveat emptor; message is provided "as is" without any warranties; reader assumes full responsibility; an equal opportunity message; no shoes, no shirt, shoes, no service; quantities are limited; while supplies last; if any defects are discovered, do not attempt to correct them yourself, but return to an authorized service center.
Read at your own risk; parental advisory – some explicit lyrics may be included in the Website; other text may contain explicit materials that some readers may find objectionable; parental guidance is advised and there is no admittance to the Website for children under 18 years of age.
Keep away from sunlight; keep away from pets and small children; limit one-per-family; no purchase necessary; you need not be present to lose, only to win; instructions are included; action figures sold separately; no preservatives added; slippery when wet, and safety goggles may be required during use.
Where applicable, Website has been sealed for your protection, do not read if safety seal is broken; call before you dig; not liable for damages arising from use or misuse; intended for external use only; if rash, irritation, redness, or swelling develops, discontinue reading; read only with proper ventilation; avoid extreme temperatures and store in a cool dry place and keep away from open flames.
Readers should avoid contact with eyes and skin while reading; avoid inhaling fumes; do not puncture, incinerate, or store above 120 degrees Fahrenheit; do not place near a flammable or magnetic source; no salt, MSG, artificial color or flavoring should be added; offer valid only at participating Websites.
May be slightly higher west of the Rockies; allow four to six weeks for delivery; other restrictions may apply; Website is not intended for off-road use; best if used after date on article; may explode if recharged improperly, but contains no artificial colors or ingredients. This Website is meant for educational purposes only. Some assembly may be required. List each check separately by bank number. Batteries not included. Contents may settle during shipment. Use only as directed.
No other warranty expressed or implied. Do not use read while operating a motor vehicle or heavy equipment. Postage will be paid by addressee. This is not an offer to sell securities. Apply only to affected area. May be too intense for some viewers. Do not stamp. Use other side for additional listings. For recreational use only. If condition persists, consult your physician. No user-serviceable parts inside simulated pictures. Times are approximate.
No postage necessary unless mailed in or out of the United States. Breaking seal constitutes acceptance of agreement. As seen on TV, one size fits all. Many suitcases look alike. Website contains a substantial amount of non-tobacco ingredients. Colors may, in time, fade. We have sent the forms which seem to be right for you. For office use only. Not affiliated with the American Red Cross. Edited for television. Post office will not deliver without postage.
List was current at time of printing. Not affiliated with Pink Floyd or The Beatles. There is usually a penalty for private use or early withdrawal.
Do not write below this line.
Your canceled check is your receipt. Add toner. Avoid contact with skin. Sanitized for your protection. Sign here without admitting guilt. Employees and their families are not eligible. Contestants have been briefed on some questions before the articles were written. Limited time offer, call now to insure prompt delivery. Is not tax deductible and price does not include taxes.
Not recommended for children. No alcohol, dogs, or horses. Restaurant packages are not for resale. Packaged by weight, not volume: some settling may occur during shipping. We are closed for inspection. Lather, rinse, repeat. If left parked for over 10 minutes, you may be towed. Ask your doctor or pharmacist. Do not open; authorized personnel only. You may have additional rights which vary from state to state. Any imperfections are inherent in the material. For office use only. Net weight before cooking. Post Office will not deliver without postage. Keep cool; process promptly. List current at time of printing. At participating locations only. Penalty for private use. See label for sequence. Substantial penalty for early withdrawal. Licensed for home exhibition only. Copyright (c) 1998.
Beware of dog. Processed at location stamped in code at top of carton. Shading within a garments may occur. No Canadian coins. Some of the trademarks mentioned in this product appear for identification purposes only. Consuming raw or under-cooked food may increase your risk of food borne illness.
People at the most risk are infants, children, the elderly, and persons with a weakened immune system.No license, express or implied, by estoppel or otherwise, to any Intellectual property rights are granted herein. Nothing in this document constitutes a guarantee, warranty, or license, express or implied. Anthony Noe further disclaims all liability for all such guaranties, warranties, and licenses, including but not limited to: fitness for a particular purpose; merchantability; non-infringement of intellectual property or other rights of any third party. Reader must agree to indemnify Anthony Noe of any and all such claims or immediately discontinue use of the Website
The reader is advised that third parties may have intellectual property rights that may be relevant to this Website and the technologies discussed herein, and is advised to seek the advice of competent legal counsel, without obligation to AnthonyNoe.
To the maximum extent legally possible, materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way. Anthony Noe does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
The Materials are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is not permitted and may be subject to the restrictions set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of Anthony Noe's proprietary rights in them and a duty to compenste Anthony Noe for their use.
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