Fastline Publications License Agreement

Foreward

This document outlines the terms of use for Fastline Publications web site. By using this site, you are agreeing to all terms specified in this document. Please print a copy of this document for your records.

Content

Welcome to our site, please take a moment to read our Terms of Use. Our web sites are always evolving so please be aware that we may change the Terms of Use from time to time. By using our web sites, you accept the current Terms of Use. We respect your privacy.

Our Terms and Policies are intended to make our web sites safe for everybody. We invite you to bring to our attention any content on our web sites you believe to be inaccurate, inappropriate or in violation of these rules. Please write to us at helpdesk@fastline.com <mailto:helpdesk@fastline.com>.

Acceptance of Terms of Use

Our web sites are provided free of charge to you under this Terms of Use Agreement. For certain services, however, such as auctions, contests, sweepstakes, or premium services, you may need to register. If you do not agree to these terms, please do not register for or enter the site. You can find this Terms of Use Agreement at any time via a link found at the bottom of each page of any of our sites. If you do not agree to any changes made in the Terms of Use Agreement, please arrange to terminate your registration with the site immediately by (1) notifying us of your unwillingness to accept the changes to the Terms of Use Agreement admin@fastline.com <mailto:admin@fastline.com> and (2) discontinuing your use of the Site.

Eligibility for Membership

Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.

Fastline’s Role

The Website is only a venue. We are not involved in the actual transaction between buyers and sellers. As as result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer. We cannot and do not control whether or not buyers will complete the purchase of items. In addition, note that there are risks of dealing with people acting under false pretense. Because we do not and cannot control the actions of others, in the event that you have a dispute with one or more users, you release Fastline, Inc., (and our agents and employees and any third party partners and/or licensees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our system. We expect that you will use caution -- and common sense -- when using our site.

Rules for Submissions and Messages

• Responsibility for what is posted in the equipment sharing listings, discussion groups, or other public forums lies with each user--you alone are responsible for the content of your messages, and the consequences of any such messages. You agree not to use the sites in any way to send or submit materials:
• that are false, inaccurate or misleading;
• that are fraudulent or involve the sale of counterfeit or stolen items;
• that infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that are defamatory, libelous, threatening or harassing;
• that are obscene or contain any kind of pornography;
• that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• that might create liability for us or might cause us to lose (in whole or in part) the services of our internet service providers or other suppliers;
• that interfere with the ability of others to enjoy our site;
• that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Fastline Publications, Inc.; or
• that link to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include. In order to encourage users to feel free to share their e-mail addresses in public posting areas, you may not use any other user’s information, personal or otherwise, for any commercial purpose, chain letters, junk mail, "spamming," bulk communications, or developing lists. Any such use by you shall be deemed to be a violation of this Terms of Use Agreement.
• Your use of the sites is limited to personal, not commercial purposes.
• Your commercial exploitation of the sites is strictly prohibited unless we grant prior written permission.

Rights

You acknowledge that:
We permit access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights") and; Except as expressly provided otherwise, the Terms of Use Agreement and applicable copyright, trademark and other laws govern your use of such content. You are free to display and print for your personal, non-commercial use information you receive through our sites. You may not reproduce, distribute, or otherwise use any of the materials without the prior written consent of the Rights holder. Requests for permission to reproduce, distribute or otherwise use materials found on our sites should be made to admin@fastline.com <mailto:admin@fastline.com>. The burden of determining whether any content on our sites is or is not protected by Rights rests with you. You are free to encourage others to access the information themselves on our sites. We welcome links to our service. You are free to establish a hypertext link to our sites so long as the link does not state or imply any sponsorship of your site by us or make use of a logo without written consent of the logo owner.
All advertising layouts and designs and portions of the same that are produced by Fastline, Inc. are the sole property of Fastline, Inc., and may not be reproduced in any form unless written authorization is obtained from the publisher.

Marks

We do not want anyone to be confused about which materials and services are provided by us and which are not. You may not use any mark appearing on our site without the prior written consent of the owner of the mark. You acknowledge that we acquire all Rights to use any posted materials as described below so that we do not violate any Rights you may have in materials you post. By submitting content to or through our sites, you grant us the non-exclusive right to reproduce, modify and distribute it as we see fit in any medium and for any purpose in any form, media, or technology now known or later developed. You also permit any other user to access, display, and print such content for personal use. You vouch that any material you submit does not violate, plagiarize or infringe upon the right of any third party, including copyright, trademark or proprietary rights. If non-original content is included in your posting, you must obtain permission from the content owner and attribute it.
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending an e-mail to thess@fastline.com <mailto:thess@fastline.com> or by sending a notice by U.S. Mail to: Fastline Publications, Inc. PO Box 248, Buckner, KY 40010. Please note that we may access and disclose your personally identifiable information in order to address any infringement claim.
Third Party Services

As a convenience to you, we may provide links to third party’s web sites. Those web sites and parties are beyond our control. We make no representations as to the content, quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might make against us with respect to such sites and their operators. You may order services or merchandise through links on our sites from persons not affiliated with us. All matters concerning the merchandise or services, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you chose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider us - nor will we be construed as - a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction. Nor will we be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person.

Disclaimer of Warranties

YOU AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FASTLINE PUBLICATIONS, INC., ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR APPLICATIONS AVAILABLE THROUGH THE SERVICE. NOR IS THE SERVICE GUARANTEED TO BE ERROR-FREE, SECURE OR CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ALSO AGREE THAT YOU USE ANY DATA OR INFORMATION OBTAINED THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. THE WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER FASTLINE PUBLICATIONS, INC. NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SITE IS NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. FASTLINE PUBLICATIONS, INC., ITS AFFILIATES, AGENTS, AND LICENSORS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES REFERRED TO, ADVERTISED ON, OR OBTAINED THROUGH OUR SITES, OTHER THAN THOSE EXPRESS WARRANTIES FASTLINE PUBLICATIONS, INC. ITSELF SPECIFICALLY MAKES.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL FASTLINE PUBLICATIONS, INC. OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF FASTLINE PUBLICATIONS, INC., ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE FOR THE USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF FASTLINE, INC., ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Discontinuance, Modification & Restrictions

We may discontinue, change, suspend, or restrict access to this service or any portion of this service at any time without liability to you or any third party.

Applicable Law & Exclusive Jurisdiction

This site is controlled and operated by Fastline, Inc. from the state of Kentucky in the United States of America. Those who choose to access our site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Terms of Use Agreement constitutes an agreement made in and to be construed in accordance with the laws of the State of Kentucky without regard to conflict of law provisions. By using this service, you consent to the exclusive jurisdiction of the state and federal courts in Jefferson County, Kentucky, in all disputes arising out of or relating to this agreement or use of our web sites.

Dispute Resolution

Any controversy or claim arising out of or relating to this Terms of Use Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Louisville, Kentucky, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Louisville, Kentucky necessary to protect the rights or property of you or us pending the completion of arbitration.

Miscellaneous

In the event that any provision of the Terms of Use Agreement conflicts with the law under which the Terms of Use Agreement is to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the Terms of Use Agreement, such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use Agreement will remain in full force and effect. If either party fails to insist upon or enforce strict performance by the other party of any provision of the Terms of Use Agreement, or to exercise any right under the Terms of Use Agreement, such a failure will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance. That is, all provisions and rights will remain in full force and effect. This Terms of Use Agreement and any express additional terms (which will be identified as such when posted by us on our other sites) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings.

©2001 Fastline Publications, Inc. All rights reserved.

Further Assistance

If you have any questions please contact us.