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Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

INSIDE TUCSON BUSINESS is a publication of Wick Communications. INSIDE TUCSON BUSINESS offers the WWW.INSIDETUCSONBUSINESS.COM website (the "website"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the website. By using the website, you signify your assent to these Terms and Conditions and any subsequent modifications. INSIDE TUCSON BUSINESS may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this website as they are binding upon you.

Personal and Noncommercial Use

The INSIDE TUCSON BUSINESS site is for your personal and noncommercial use. As a condition to your continued use of the website, you warrant to INSIDE TUCSON BUSINESS that you will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions.

Contributing Content to INSIDE TUCSON BUSINESS

All users are encouraged to contribute information and pictures to INSIDE TUCSON BUSINESS. All contributions will be accepted for publication on the website provided they adhere to these rules:

1. You agree not knowingly submit any false, defamatory, abusive, obscene, threatening, racially offensive, sexually explicit or illegal material to the website.

2. In posting comments on the contributions of others, you agree not to harass other participants.

3. You may not submit information that is libelous or defamatory or that discloses private or personal matters concerning any person.

4. You may not post information or links that are obscene or pornographic.

5. You may not contribute information or pictures that violate the property rights of others, including unauthorized copyrighted test, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

6. Content contributions solely focused on the promotion of commercial events or businesses are not permitted.

7. You assert that the information and pictures you contribute are your own, are licensed to be uploaded and downloaded by other participants, are in the public domain, or are otherwise free of copyright or other restrictions. You also grant INSIDE TUCSON BUSINESS an irrevocable, nonexclusive, royalty-free license to redistribute or republish the information in any medium or form.

DISCUSSION FORUMS

INSIDE TUCSON BUSINESS does not endorse and is not responsible for any statement, opinion, advice given or made in discussion forums. Your use of the INSIDE TUCSON BUSINESS discussion forums is at your own risk. INSIDE TUCSON BUSINESS does not intend to engage in any prior review of notes posted to discussion areas, but it reserves the right in its sole discretion and for any reason to delete or redirect any information or other content posted to INSIDE TUCSON BUSINESS (including posts to discussion areas), regardless of whether the information or other content violates the rules for content described in above policies. Further, INSIDE TUCSON BUSINESS reserves the right to limit or terminate service to participants who violate the terms of this Agreement.

In no event will INSIDE TUCSON BUSINESS be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the INSIDE TUCSON BUSINESS discussion forums, or any information or services provided on INSIDE TUCSON BUSINESS , even if INSIDE TUCSON BUSINESS has been advised of the possibility of such damages, or for any claim attributable to errors, omissions, or other inaccuracies published on INSIDE TUCSON BUSINESS . INSIDE TUCSON BUSINESS is not responsible for censoring or monitoring postings but it reserves the right to enforce the policies outlined in this document, and reserves the right to move or remove notes at its sole discretion and without explanation.

Copyrights

INSIDE TUCSON BUSINESS retains full copyright ownership, rights and protection in all material contained on INSIDE TUCSON BUSINESS, including but not limited to material submitted by community contributors. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the website without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this website.

You may, however make single copies of materials displayed on the INSIDE TUCSON BUSINESS website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from INSIDE TUCSON BUSINESS or the copyright owner of the copied material.

None of the material contained on the INSIDE TUCSON BUSINESS site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of INSIDE TUCSON BUSINESS. All content of INSIDE TUCSON BUSINESS is Copyright INSIDE TUCSON BUSINESS. All rights reserved.

Disclaimer of Warranties

Neither INSIDE TUCSON BUSINESS nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the website or its operation will be accurate, reliable, uninterrupted or error-free. If your use of INSIDE TUCSON BUSINESS results in the need for servicing or replacing property, material, equipment or data, INSIDE TUCSON BUSINESS is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the website on behalf of INSIDE TUCSON BUSINESS . INSIDE TUCSON BUSINESS reserves the right to change or discontinue at any time any aspect or feature of the website.

INSIDE TUCSON BUSINESS does not assume any liability for the contents of any material provided on the website. Reliance on any information presented on the website, other than that which you provided, is at your own risk. INSIDE TUCSON BUSINESS reserves the right to change or discontinue any aspect or feature of the website at any time.

You acknowledge that, in connection with the website, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of INSIDE TUCSON BUSINESS . Accordingly, INSIDE TUCSON BUSINESS assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the website. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON INSIDE TUCSON BUSINESS IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. INSIDE TUCSON BUSINESS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEBSITE OR INSIDE TUCSON BUSINESS SERVICES.

Limitation of Liability

IN NO EVENT SHALL INSIDE TUCSON BUSINESS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE INSIDE TUCSON BUSINESS WEBSITE OR THE CONTENT OF THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INSIDE TUCSON BUSINESS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INSIDE TUCSON BUSINESS SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Indemnification

You agree to defend, indemnify and hold INSIDE TUCSON BUSINESS , its officers, directors, employees and agents, content contributors, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the INSIDE TUCSON BUSINESS website in a manner that violates or is alleged to violate these Terms and Conditions. INSIDE TUCSON BUSINESSshall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Links/Advertisements

The INSIDE TUCSON BUSINESS website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by INSIDE TUCSON BUSINESS of the sites, but is for your reference and convenience only. INSIDE TUCSON BUSINESS has not reviewed all of the sites linked to the website and is not responsible for the content or accuracy of any off-site pages or any other sites linked to INSIDE TUCSON BUSINESS. Nor does INSIDE TUCSON BUSINESS recommend or endorse any specific tests, products or procedures that may be mentioned on or represented in advertisements on the website. Visiting off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.

The INSIDE TUCSON BUSINESS website also contains advertisements by third parties. Unless otherwise specifically stated on the website, INSIDE TUCSON BUSINESS does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the website.

Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the INSIDE TUCSON BUSINESS website, provided that the hyperlink accurately describes the content as it appears on the website. INSIDE TUCSON BUSINESS reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the website or any of its content or copy portions of the INSIDE TUCSON BUSINESS website to a server, except as part of an Internet service provider's incidental caching of pages. Each page within INSIDE TUCSON BUSINESS must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within INSIDE TUCSON BUSINESS.

Termination

You agree that INSIDE TUCSON BUSINESS may terminate your use of the website, if INSIDE TUCSON BUSINESS reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of INSIDE TUCSON BUSINESS or any third party, or for any reason with or without notice to you. You agree that INSIDE TUCSON BUSINESS may modify or discontinue INSIDE TUCSON BUSINESS , with or without notice to you. You agree that INSIDE TUCSON BUSINESS will not be liable to you or any third party as a result of such modification or discontinuation.

Survival

The provisions entitled "Your Submissions," "Disclaimer of Warranties," "Limitation of Liability," "Indemnification" and "General Provisions" will survive termination of this agreement.

General Provisions

You expressly agree that exclusive jurisdiction for any dispute with INSIDE TUCSON BUSINESS , or in any way relating to your use of INSIDE TUCSON BUSINESS ("Legal Action"), resides in the courts of Colorado. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Arizona in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court. These Terms and Conditions are governed by the internal substantive laws of the State of Arizona, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to www.insidetucsonbusiness.com must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Notice

INSIDE TUCSON BUSINESS may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on INSIDE TUCSON BUSINESS, or by written communication delivered by first class U.S. mail to your address on record in INSIDE TUCSON BUSINESS's account information. You may give notice to Tom Lee of INSIDE TUCSON BUSINESS at any time via electronic mail to tlee@azbiz.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

INSIDE TUCSON BUSINESS

Physical Address:

3280 E Hemisphere Lp, Suite 180

Tucson, AZ 85706

Mailing Address:

P O Box 27087

Tucson, AZ 85726

Publisher - Tom Lee - tlee@azbiz.com

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