FROMTHETOP.ORG TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the 'Site').
This Site at FROMTHETOP.ORG is fully controlled and operated by From the Top. By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of FROMTHETOP.ORG. If you do not agree with all of the following terms and conditions, please do not use this Site. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on September 2, 2009.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the 'Material') are the property of FROMTHETOP.ORG and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. FROMTHETOP.ORG hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of FROMTHETOP.ORG. Use of FROMTHETOP.ORG and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
MESSAGE BOARDS AND OTHER POSTINGS
To the extent that portions of this Site provide users an opportunity to submit, post, and exchange ideas, information and other material (the 'Postings') and their online user names (the 'User Names'), please be advised that Postings do not necessarily reflect the views of FROMTHETOP.ORG. In no event shall FROMTHETOP.ORG assume or have any responsibility or liability for any Postings or User Names or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings and User Names you provide and all information they contain and that such Postings and User Names shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. By submitting a Posting, you hereby authorize FROMTHETOP.ORG to use, and authorize others to use, your Postings and User Names in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature, including without limitation commercial use on and advertising and promotion of the Site. Without limiting the foregoing, FROMTHETOP.ORG will have the right to use and change the Postings in any manner, either with or without the User Name, that FROMTHETOP.ORG may determine. Notwithstanding the foregoing, FROMTHETOP.ORG will have no obligation to use the Postings or the User Names. Additionally, FROMTHETOP.ORG may sweep its message boards and Postings regularly in its sole discretion. Please be advised that in no event shall FROMTHETOP.ORG assume or have any responsibility or liability for the manner in which the Posting is exploited or for any claim, damages or losses resulting from their use and/or appearance on FROMTHETOP.ORG, affiliated program services or elsewhere. FROMTHETOP.ORG does not allow, and you agree not to provide, any Postings which contain: Private or personal information which might identify a user, profanity or obscenities, personal attacks on other individuals, slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or Other information that FROMTHETOP.ORG deems in its sole discretion to be inappropriate for this Site. The activities and message boards may be used by visitors to our site for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although FROMTHETOP.ORG regularly monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, FROMTHETOP.ORG will make every effort to ensure that the activities message boards best serve the interests of all users and, therefore, FROMTHETOP.ORG reserves the right to refuse to post, edit, or delete messages that contain any of the above referenced elements, as well as revoke the privileges of users who do not comply with such rules.
In order to implement or enforce the Terms, FROM THE TOP may use user-provided e-mail addresses to contact users on an individual basis. At no time, unless such disclosure is required by law, a governmental agency, or specifically authorized by the user, will FROM THE TOP disclose individual user personal information to unrelated third parties that is not publicly available. FROM THE TOP reserves the right to grant, license, or sell publicly-available user personal information to third parties at the discretion of the organization. FROM THE TOP may use such information to contact users regarding information pertinent to the activities, mission, or goals of FROM THE TOP, but will provide an UNSUBSCRIBE link at the bottom of all communications to facilitate an opt-out system.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FROMTHETOP.ORG is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FROMTHETOP.ORG, ITS PARENT(S), AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY FROMTHETOP.ORG OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall FROMTHETOP.ORG?s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or banners generated by third parties does not constitute endorsement by FROMTHETOP.ORG, its parent(s), subsidiaries and/or affiliates, of the opinions or views expressed by these third party websites and FROMTHETOP.ORG does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, FROMTHETOP.ORG is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither FROMTHETOP.ORG nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, FROMTHETOP.ORG will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
You agree to indemnify, defend and hold harmless, FROMTHETOP.ORG, its parent(s), affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. FROMTHETOP.ORG reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with FROMTHETOP.ORG in asserting any available defenses.
FROMTHETOP.ORG operates and controls this Site from its offices at 295 Huntington Avenue, Suite 201, Boston, MA 02115, United States of America. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Massachusetts applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of Massachusetts.