Tribute Center Online Terms & Conditions


Use of the Tribute Wall section of this website is offered to you on your acceptance of these Terms and Conditions. Your use of the Tribute Wall or of any content presented in any and all areas of this Section indicates your acknowledgment and agreement to these Terms and Conditions. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our Tribute Wall. We suggest you print a copy of each of these documents for your records.
Frazer Consultants, Inc. (“Frazer Consultants” or “the Company”) shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms and Conditions without notice or liability to you. Any changes to these Terms and Conditions shall be effective immediately following the posting of such changes in this Tribute Wall. You agree to review these Terms and Conditions from time to time and agree that any subsequent use by you of this Tribute Wall following changes to these Terms of Use shall constitute your acceptance of all such changes.

 

USE OF TRIBUTE WALL CONTENT

The Company authorizes you to view and access a single copy of the content available on or from the Tribute Wall solely for your use.
If you register on the Tribute Wall, you must be 13 years or older.

 

TRIBUTE WALL SECURITY RULES

Users are prohibited from violating or attempting to violate the security of this Tribute Wall, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Tribute Wall, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

SPECIFIC PROHIBITED USES

This Tribute Wall may be used only for lawful purposes by individuals for the specific purposes of the Tribute Wall of this website. The Company specifically prohibits any use of the Tribute Wall, and all users agree not to use the Tribute Wall, for any of the following:

Posting any incomplete, false or inaccurate biographical information or information which is not accurate.

Impersonating another person.

Posting communications, information and materials that infringe on any other intellectual property rights of others or on the privacy or publicity rights of others.

Posting communications, information and materials that are obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity.

Posting sexually explicit images or statements.

Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents.

Using the databases for any purpose other than as for the purposes established by Frazer Consultants.

Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of this Tribute Wall.

Deleting or revising any material posted by any other person or entity.

Using any device, software or routine to interfere or attempt to interfere with the proper working of this Tribute Wall or any activity being conducted on this site.

Taking any action that imposes an unreasonable or disproportionately large load on this Tribute Wall's infrastructure.

If you have a password allowing access to a non-public area of this Tribute Wall, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.

Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Tribute Wall other than the search engine and search agents available from Frazer Consultants and other than generally available third party web browsers (e.g., Firefox, Safari, and Microsoft Explorer).

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Tribute Wall.

Aggregating, copying or duplicating in any manner any of the Tribute Wall content or information available from this Tribute Wall.

Framing of or linking to any of the Tribute Wall Content or information available from this Tribute Wall.

 

USER INFORMATION

When you register for the Tribute Wall, you will be asked to provide Frazer Consultants with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Tribute Wall, you understand and agree that Frazer Consultants may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Frazer Consultants will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Frazer Consultants reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties.

 

USER SUBMISSIONS

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any information placed by you in this Section. As a user, you are responsible for your own communications, information, and materials uploaded to the Tribute Wall, and are responsible for the consequences of all such communications, information, and materials.
Frazer Consultants acts as a passive conduit for those interested in posting tributes and other information about third parties. The Company is under no legal obligation to, and generally does not, control the information provided by other users that is made available through the Tribute Wall. It has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be inaccurate or untruthful. Frazer Consultants does not represent or guarantee the truthfulness, accuracy, or reliability of communications, information and materials posted by users nor does it endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

If notified that communications, information and materials which allegedly do not conform to these Terms and Conditions, Frazer Consultants may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication.

Frazer Consultants has no liability or responsibility to users for performance or nonperformance of activities undertaken through the Tribute Wall and makes no guarantee or representation of any benefits that may be obtained by using this Tribute Wall.

Frazer Consultants has no control over the quality, safety, or legality of information posted and the truth or accuracy of the postings. Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through this Tribute Wall.

Frazer Consultants reserves the right to terminate a user’s access to the Tribute Wall in its sole discretion and prevent their further access to the Tribute Wall for violating the Terms and Conditions, laws or regulations, or posting communications, information and materials that are that are abusive, illegal, or disruptive. Frazer Consultants may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Frazer Consultants or may cause Frazer Consultants to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting communications, information and materials to any public or non-public area of this Tribute Wall you grant Frazer Consultants and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the communications, information and materials (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such communications, information and materials for as long as you are a user of this Tribute Wall. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Tribute Wall retains any and all rights that may exist in such content.

The Tribute Wall is only a venue for those interested in posting tributes to third parties. Frazer Consultants is not involved in the actual transaction between users of this Tribute Wall. As a result, Frazer Consultants has no control over the quality, safety, or legality of information posted and the truth or accuracy of the listings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. Frazer Consultants expects that you will use caution and common sense when using this Tribute Wall, and you assume all risks associated with dealing with other users with whom you come in contact through the Tribute Wall.

Because user authentication on the Internet is difficult, Frazer Consultants cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on this Tribute Wall, in the event that you have a dispute with one or more users, you release Frazer Consultants, its subsidiaries, affiliates, officers, directors, employees, agents, and partners, from claims, demands and damages (actual and consequential, direct and indirect) 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 with third parties. If youu are a California resident, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

We appreciate hearing from our customers and welcome your comments regarding our services and Frazer Consultants Tribute Wall. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Frazer Consultants. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. Frazer Consultants shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.

 

TRIBUTE WALL CONTENT

The Tribute Wall content may contain inaccuracies or typographical errors. Frazer Consultants makes no representations about the accuracy, reliability, completeness, or timeliness of this Tribute Wall or the Tribute Wall content. Changes are periodically made to the Tribute Wall and may be made at any time.

 

REGISTRATION AND PASSWORD

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.

 

IDENTIFICATION OF AGENT TO RECEIVE NOTIFICATION AND ELEMENTS OF NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

If you believe that your copyrighted work has been uploaded, posted or copied to this Tribute Wall and is accessible on this Tribute Wall in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;

2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

3. Identification of the URL or other specific location on this Tribute Wall where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;

4. Your name, address, telephone number and, if you have one, your e-mail address;

5. A statement by you that you have a good faith belief that use on the Tribute Wall of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and

6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

 

POLICY REGARDING TERMINATION OF USERS AND ACCOUNT HOLDERS WHO REPEATEDLY INFRINGE THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS

Frazer Consultants will terminate the accounts of any account holders, and block access to our Tribute Wall of any users who are repeat infringers of the copyrights or other intellectual property rights of others. The Company reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.

 

INTELLECTUAL PROPERTY

“Frazer Consultants”, “Tribute Memorial” and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Frazer Consultants, and any unauthorized use of this or any related marks is unlawful. Other trademarks on this Tribute Wall are the property of their respective owners.

All content on this Tribute Wall, other than content posted by users, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of Frazer Consultants and is protected by international copyright law. The content on this Tribute Wall may be used by you only for your use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. We reserve all rights not expressly granted to you.

You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Tribute Wall content on any copy you make of the Tribute Wall Content. You may not sell or modify the Tribute Wall content or reproduce, display, publicly perform, distribute, or otherwise use the Tribute Wall Content in any way for any public or commercial purpose. The use of the Tribute Wall content on any other Tribute Wall or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML, asp.net, vd.net, XML, java script or any other dynamic code that the Company creates to generate any Tribute Wall Content or the pages making up this Tribute Wall. It is also protected by the Company's copyright.

 

DISCLAIMERS

THIS TRIBUTE WALL IS OFFERED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. AMONG OTHER THINGS, FRAZER CONSULTANTS DOES NOT WARRANT THAT THIS TRIBUTE WALL WILL OPERATE ERROR-FREE OR THAT THIS TRIBUTE WALL AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS TRIBUTE WALL OR THE TRIBUTE WALL CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. FRAZER CONSULTANTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE TRIBUTE WALL CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.


THE TRANSMISSION OF DATA OR INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, FRAZER CONSULTANTS DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH US (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONAL INFORMATION). WHILE WE SHALL TAKE COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF THE INFORMATION YOU PROVIDE US AND TREAT SUCH INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, IN NO EVENT WILL THE INFORMATION YOU PROVIDE TO US BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS TO YOU ON OUR PART, OR RESULT IN ANY LIABILITY TO YOU ON OUR PART IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED BY US OR ACCESSED BY THIRD PARTIES WITHOUT OUR CONSENT.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER FRAZER CONSULTANTS NOR ANY OF ITS SUBSIDIARIES OR THIRD PARTY CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR FROM ANY SERVICES OFFERED BY THE COMPANY. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.


THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF FRAZER CONSULTANTS OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


FRAZER CONSULTANTS’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TRIBUTE WALL OR YOUR USE OF THE TRIBUTE WALL CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $50.
DISCLAIMER OF CONSEQUENTIAL DAMAGES.


IN NO EVENT SHALL FRAZER CONSULTANTS, ITS SUBSIDIARIES OR THIRD PARTY CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS TRIBUTE WALL AND THE TRIBUTE WALL CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL USERS ARE EXPECTED TO HAVE BACK-UPS OF ALL DATA UPLOADED TO THE WEBSITE.
YOUR LIABILITY


IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THAT DISRUPTION.

 

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FRAZER CONSULTANTS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE TRIBUTE WALL; (II) ANY MATERIAL YOU PROVIDE TO THE TRIBUTE WALL, (III) ANY TRIBUTE WALL CONTENT THAT YOU USE OR (IV) YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS, PRIVACY STATEMENT, AND REPRESENTATIONS AND WARRANTIES. FRAZER CONSULTANTS SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. FRAZER CONSULTANTS RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

 

LINKS TO OTHER SITES

Links or pointers to other Tribute Walls and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such Tribute Walls; (ii) the content, privacy policies or other terms of use on such Tribute Walls; or (iii) such third party products and services. As we have no control or responsibility over Tribute Walls or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

 

NO RESALE OR UNAUTHORIZED COMMERCIAL USE

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of this Tribute Wall.

 

TERMINATION

Frazer Consultants reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Tribute Wall and immediate termination of your registration with or ability to access this Tribute Wall and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Tribute Wall.

 

ADDITIONAL TERMS OF USE

Frazer Consultants makes no claims that the Tribute Wall content may be lawfully viewed or accessed outside of the United States. Access to the Tribute Wall content may not be legal by certain persons or in certain countries. If you access the Tribute Wall from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms and Conditions constitute the entire agreement between you and Frazer Consultants with respect to the use of Tribute Wall. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

In addition, without limiting any of the other disclaimers of warranty set forth in these Terms of Use, Frazer Consultants does not provide or make any undertaking as to the quality or nature of any of the services obtained through Frazer Consultants Tribute Wall, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty, or guaranty would be furnished solely by the service provider.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Wisconsin applicable therein, without regard to conflict of laws. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs of the State of Wisconsin.

If any court having competent jurisdiction holds any provision of these terms and conditions invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms and Conditions shall continue in full force and effect. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms and Conditions.