The Third Rail Forum plus any related onsite links and content (the Site) is a debate and flame forum where it is appropriate, customary and routine for members to make inflammatory, insulting, heckling, degrading, grandiose and demeaning statements, communications, depictions and renderings about other members, guests who post at the site and public figures.
By registering at this site and/or posting here, you voluntarily consent and agree to subject yourself to such invectives, ridicule and otherwise objectionable material. You assume any and all risks with respect to use of this Site. You agree to hold all other members, staff, owners, site host and any other parties associated with the Site harmless for any type of harm or damage which may result from using the Site. You also signify your agreement to be bound by these Terms of Service by accessing and using this Site. If you do not agree with these terms, DO NOT USE THIS SITE.
IN NO EVENT SHALL OTHER MEMBERS, STAFF, OWNER(S), SITE HOST, GUEST AND ANY OTHER PARTIES ASSOCIATED WITH THE SITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED POLICIES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, AS A RESULT OF ANY USE OR ANY TYPE OF POSTING AT THIS SITE. In case of any conflict with current law, said limitation of liability and damages contained in this Registration Agreement and Terms of Services shall be to the maximum extent permitted by law.
You agree, through your use of this forum, that you will not publicly post any material which is defamatory to non-members, obscene, constitutes "real" threats, is invasive of a person's privacy or otherwise in violation of any International or United States Federal law. You agree not to publicly post any highly personally identifiable material about yourself or another member. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material or constitutes "fair use" as determined by U.S. copyright law. Spam, flooding, advertisements, chain letters, pyramid schemes and solicitations are also forbidden on this forum, will not be tolerated and will result in a ban.
Note that it is impossible for the staff or the owners of this forum to confirm the validity of posts. Please remember that we do not actively monitor the posted messages and as such are not responsible for the content contained within. It is your responsibility to safeguard your own personal information in order to prevent personally objectionable material from being used against you as we do not normally censor content merely because it is personally objectionable to the target.
We do not warrant the accuracy, completeness or usefulness of any information presented. The posted messages express the views of the author and not necessarily the views of this forum, its staff, its subsidiaries, this forum's administrator or host. Anyone who feels that a posted message is objectionable beyond what is normally tolerated is encouraged to notify an administrator or moderator of this forum immediately by personal message (PM). The staff and the owner of this forum reserve the right to remove objectionable content, within a reasonable time frame if they determine that removal is necessary. This is a manual process, however, please realize that they may not be able to remove or edit particular messages immediately. This policy applies to member profile information as well.
You remain solely responsible for the content of your posted messages. Furthermore, you agree to indemnify and hold harmless the owners of this forum, any related websites to this forum, its staff, and its subsidiaries. The administrators of this forum also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this forum.
The laws of the State of Florida, U.S.A., shall govern the Agreement and the relationship between you and the Site, without regard to its conflict of law provisions. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Florida. Venue in the State of Florida, U.S.A., shall exclusively lie in Miami-Dade County for any state proceedings and the Southern District of Florida for federal proceedings. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the State and federal courts of Florida.
In the event any legal proceedings of any kind are brought in the proper proper jurisdiction and venue, the prevailing party shall be entitled to recover the full amount of all reasonable attorney's fees and costs from the losing party. In the event legal proceedings are brought in an improper forum as defined by this agreement or dismissed for lack of subject matter or personal jurisdiction, the prevailing party shall be entitled to recover reasonable attorney's fees and costs.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Agreement must be submitted to binding arbitration within one (1) year after such claim or cause of action arose or be forever barred.
If any disputes or claims arise against the Site, such disputes will be handled by an arbitrator of the Site's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the State of Florida, U.S.A.. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final and enforceable in court. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. With this user account you are about to register, you agree to never give your password out to another person except an administrator for your protection and for validity reasons. You also agree to NEVER use another person's account for any reason. We also HIGHLY recommend you use a complex and unique password for your account, to prevent account theft.
After you register and login to this forum, you will be able to fill out a detailed profile. It is your responsibility to present clean and accurate information. Any information the forum owner or staff determines to be inaccurate or vulgar in nature will be removed, with or without prior notice. Appropriate sanctions may be applicable.
Please note that with each post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP contacted. This will only happen in the event of a major violation of this agreement.
Also note that the software places a cookie, a text file containing bits of information (such as your username and password), in your browser's cache. This is only used to keep you logged in/out and for other site functions. The software does not collect or send any other form of information to your computer.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
The Site may at any time revise these Terms of Service by updating this posting. Any such revisions shall become immediately effective upon their posting and you should therefore periodically visit this page in the Forum News and Announcement section to determine the then-current Terms of Service to which you are bound. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and Registration Agreement.
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Topic: Forum Registration Agreement / Terms of Service (Read 899 times)
