Acceptable Use Policy

Welcome to the PATCA Web Site (“Site”)

By using this Site you agree to comply with and be bound by this Terms of Use Agreement (“Agreement”). Therefore, please review the Agreement carefully. If you do not agree with the Agreement do not use this Site. Your continued use of the Site evidences your agreement with this AUP including any amendment.

In using the Site, you agree to abide by all applicable local, state, national, and international laws and regulations and agree not to interfere with the use and enjoyment of the Site by other users. You agree to be solely responsible for the contents of your private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Site.

You agree not to upload, post, email, or otherwise transmit through the Site: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; (d) unsolicited or unauthorized advertisements, promotional materials, “junk mail,” “spam,” “chain letters,” or other forms of solicitation; (e) any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (f) solicitations or advertising except for transmitting information regarding consulting or business opportunities relevant to the PATCA community; or (g) material that in any way creates liability for PATCA or causes any loss or damage to PATCA, its board of directors or members.

You acknowledge and agree that, in addition to other remedies in law or equity for your failure to comply with these standards, PATCA may ban you from future use of the Site. You agree to indemnify, defend and hold harmless PATCA, its board of directors or members from all claims, damages, losses (including all costs and attorneys’ fees) arising from or relating to your failure to use the Site in accordance with this Policy.

The Site and the contents herein are the intellectual property of PATCA and its licensors and are protected by applicable copyright, trademark and proprietary rights. Viewing, printing or downloading of any content, graphic, form or document from this Site grants you only a limited nonexclusive license for your personal use and does not authorize republication, distribution, assignment, sublicense, sale, preparation of derivative works unless you have received PATCA’s express written permission for such use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, not-for-profit use. All rights not expressly granted herein are reserved by PATCA.

PATCA may provide links from the Site to third party web sites and also may permit third parties to link to Site (“Other Sites”). Content on Other Sites are not under PATCA’s control and PATCA is not responsible for such content. If PATCA provides a link to the Other Site it is provided only as a convenience to you and should not be implied as an endorsement of another company, web site or product. Links into the Site from the Other Site should not be implied either as a permitted link or an endorsement of another company, web site or product.

Please review the PATCA Privacy Policy. By using this Site you agree that PATCA’s privacy policy is part of the Agreement and may be updated from time to time without specific notice to you.

You use the Site at your own risk. You elect to engage a PATCA member based on your own judgment and evaluation. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of PATCA.

PATCA does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. PATCA does not warrant or represent that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. PATCA makes no representation or warranty as to the competency or qualifications of its members. INFORMATION INCLUDING BUT NOT LIMITED TO MEMBER INFORMATION IS PROVIDED THROUGH THE SITE ON AN AS-IS BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NONINFRINGEMENT.

PATCA SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE INCLUDING ENGAGEMENT OF ANY PATCA MEMBERS. PATCA SHALL NOT BE LIABLE FOR ANY ACTUAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT; AND (B) YOUR PARTICIPATION IN A CHAT ROOMS, MESSAGE BOARDS OR EMAIL FORUMS. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PATCA’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

PATCA will not actively or regularly monitor the use of the Site. However, PATCA reserves the right to investigate complaints or reported violations of this AUP and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Unless you agree to the following terms, PATCA asks that you not send us feedback and unsolicited submissions such as, but not limited to, ideas for improving the Site or marketing  (“Submissions”). In the event that you send us Submissions your Submissions shall automatically become the property of PATCA. Except for those portions of Submissions containing personal information restricted by our Privacy Policy, PATCA shall have the right to use the Submissions in any manner at its sole discretion. PATCA shall not be required to compensate you for the Submissions.

This AUP constitutes the entire agreement between you and PATCA with respect to access to and use of the Site. If any provision of this AUP is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

PATCA may make improvements and/or changes to its features, functionality or content of the Site at any time. PATCA may amend this Acceptable Use Policy at any time and such amendment will be effective upon posting. You are responsible for regularly reviewing this AUP. Continued use of the Site after any such changes constitutes your consent to such changes

By using this Site, you agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its conflict of law rules. By using this Site you also agree that all litigation arising out of or in connection with this Agreement shall be brought in the state courts of Santa Mateo County, State of California, United States of America or, for matters requjring federal jurisdiction, in the United States District Court for the Northern District of California.

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