Terms of Use

This site is offered to you (referred to as "you" or "user") on the condition that you accept all of these terms of use. By using this site, you agree to abide to these terms. If you do not agree to these terms, please discontinue your use of this site immediately.

We reserve the right to change these terms at any time by publishing a revised version of this Agreement on the site. You are responsible for regularly reviewing these terms. Continued use of the site following any such change means you accept and will abide by the change.

RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Don Richard Associates (referred to as "we," "us," or "DRA"). All materials on this site are the copyrighted property of DRA, its subsidiaries, affiliated companies and/or licensors. All trademarks, service marks and trade names are owned by DRA, its subsidiaries, affiliated companies and/or licensors.

You may view and download materials from this site only on a single computer for your personal, noncommercial use, provided that you do not remove any copyright or other legal notices from any material downloaded from the site.

You may NOT modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or make other use of any of the materials obtained from the site. Any use of the materials, other than as explicitly permitted in the above paragraph, is a violation of DRA's copyright and other proprietary rights.

LINKS TO THIRD PARTIES' WEB SITES
As a convenience for Users, the site contains links and pointers to Internet sites maintained by third parties. DRA and its suppliers do not operate or control, in any respect, or necessarily endorse the content found on such third-party sites. You assume sole responsibility for your use of third-party links and pointers.

USER POSTINGS AND SUBMISSIONS
If you participate in any bulletin boards, discussions, or other forum within the site, you agree not to use language that is threatening, abusive, vulgar, discourteous or criminal. You also agree not to post or transmit information or materials that would violate rights of any third party or which contain a virus or other harmful component. DRA reserves the right to edit or remove messages or materials submitted by you.

By communicating with DRA or participating in any forum on the site, you grant to DRA an irrevocable, transferable and worldwide right to use, reproduce, publicly perform and display, distribute, sublicense, and sell any suggestions, ideas, concepts or other information communicated to DRA for any purpose DRA chooses, commercial or otherwise, without any compensation to you.

INDEMNIFICATION
You agree to indemnify and hold harmless DRA, its suppliers, and other third parties assisting in the operation of the site from any claims, liabilities, and expenses (including reasonable attorney's fees) that may arise from your use of the site in any way or from your breach of the terms of this Agreement.

GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
DRA makes no representation that the materials contained in the site are appropriate or authorized to use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access this site, you do so on your own initiative and risk and you are responsible for compliance with all applicable laws.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DRA AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. DRA DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES OR ERRORS IN THE MATERIALS, OR OTHER ERRORS OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL DRA, LICENSORS, OR OTHER SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBLITY OF DAMAGES. BECAUSE SOME STATES/JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DRA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

TERM AND TERMINATION
This Agreement is effective until terminated by DRA for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of the site and immediately destroy all materials obtained from it.

MISCELLANEOUS
DRA reserves the right to make any and all changes to the Site at its sole discretion without notice to users. DRA reserves the right to deny access to the Site to anyone at any time, and to terminate this Agreement at any time without notice in its sole discretion.

This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.

This Agreement is governed by the laws of the Commonwealth of Virginia, U.S.A, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in Virginia Beach, Virginia, U.S.A. in all disputes arising out of or relating to the use of the Site.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. 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.

This Agreement constitutes the entire agreement between you and DRA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and DRA with respect to the Site. A printed version of this Agreement and of any notice given in electronic form will 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.

Any rights not expressly granted herein are reserved to DRA.

EFFECTIVE DATE 01/01/2002