GageList Website Terms and Conditions
The gagelist.com website is operated by Espresso Moon LLC. The mailing address for Espresso Moon LLC is 15006 Lakewood Forest Dr., Houston, Texas 77070, USA, dba “GageList”.
Copyright © 2008 Espresso Moon LLC and others. All rights reserved. The content of this web site may not be copied, replaced, distributed, published, displayed, modified, or transferred in any form or by any means except with the prior permission of Espresso Moon LLC. Copyright infringement is a violation of federal law subject to criminal and civil penalties.
Limitation of Warranty
The data and information contained in this web site are believed to be accurate, BUT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In no event shall Espresso Moon LLC be liable for any damages of any kind whatsoever, including any special, indirect, or consequential damages, relating to the use of this site except as otherwise limited by applicable law. Espresso Moon LLC recommends only those applications for its products and services that are specified in its catalogs or other company literature, and hereby disclaims any liability for uses other than those specified. The products and services are warranted, if at all, only according to their terms and conditions of sale.
Links to Third Party Sites
Any links provided herein may allow the user to leave this site. The linked sites may not be under the control of Espresso Moon LLC, and Espresso Moon LLC shall not be responsible for the content of any linked site or link contained in a linked site. Espresso Moon LLC may provide these links as a convenience only, and the inclusion of any link does not imply an endorsement by Espresso Moon LLC of that site.
Espresso Moon LLC may at any time, in its sole discretion: (1) revoke the access of any user to this Site; (2) modify, change, withdraw, or delete this site and/or any of these conditions of use in whole or in part.
Espresso Moon LLC Trademarks may apply. Other product or company names mentioned herein may be the trademark of their respective owners.
Unless otherwise provisioned for in a separate agreement, Espresso Moon LLC reserves the right to change any prices and service levels and subscription plans with 30 days notice to existing customers (by notification on website or email). Free services, however named, may be discontinued with 7 days notice to existing customers (by notification on website or email).
Any software (“Software”) that may be made available to download from the server of this Site may be the copyrighted work of Espresso Moon LLC and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW AND EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Espresso Moon LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
License to Espresso Moon LLC
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting Espresso Moon LLC and its affiliated entities a royalty-free, perpetual, nonexclusive, unrestricted, worldwide license to: 1. Use, copy, sublicense, adapt, transmit, retransmit, distribute and/or publicly perform or display any such communication. 2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, patent laws or the law of ideas under any relevant jurisdiction.
Espresso Moon LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION. COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ESPRESSO MOON LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, IN NO EVENT WILL ESPRESSO MOON LLC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ESPRESSO MOON LLC SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ESPRESSO MOON LLC SOFTWARE OR SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
Bulletin Boards, Discussion Groups and Blogs
This service may include bulletin boards, discussion groups and/or blogs that allow feedback to Espresso Moon LLC and real-time interaction between users. Espresso Moon LLC does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the bulletin boards and this site that you do not: 1. Restrict or inhibit any other user from using and enjoying the bulletin boards, discussion groups and/or blogs. 2. Post or transmit any unlawful, anticompetitive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. 3. Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivation works with respect thereto, without first obtaining permission from the owner or right holder. 4. Post or transmit any information, software or other material which contains a virus or other harmful component. 5. Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising, other than for the business purposes of Espresso Moon LLC and its affiliates.
You understand that Espresso Moon LLC has no obligation to monitor or edit the content of the bulletin boards, discussion groups and/or blogs. However, Espresso Moon LLC reserves the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Espresso Moon LLC’s sole discretion are objectionable or in violation of these terms and conditions.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Espresso Moon LLC or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use Espresso Moon LLC materials. You specifically acknowledge and agree that Espresso Moon LLC is not liable for any defamatory, anti-competitive, offensive, or illegal conduct of any user. If you are dissatisfied with any Espresso Moon LLC material, or with any of Espresso Moon LLC’s terms and conditions, your sole and exclusive remedy is to discontinue using the site.
This agreement is effective until terminated by Espresso Moon LLC, at any time without notice. In the event of termination, you are no longer authorized to access the bulletin boards, and the restrictions imposed on you with respect to material downloaded from the bulletin boards, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
You agree to defend, indemnify and hold harmless Espresso Moon LLC, its parents, affiliates, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims, damages, and expenses, including attorneys’ fees, arising out of your use of the site, or your violation or alleged violation of the terms of this Agreement.
This agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Espresso Moon LLC respects the rights of all copyright holders and has adopted and implemented a policy that provides for the removal from its web site of materials that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Espresso Moon LLC the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. Information reasonably sufficient to permit us to contact the complaining party; 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
An Espresso Moon LLC representative for notice of claims of copyright infringement on or regarding this site can be reached at Espresso Moon LLC, 15006 Lakewood Forest Dr., Houston, Texas 77070, USA, www.espressomoon.com or firstname.lastname@example.org.