Please Read our Disclaimer
The usual fine print Basic Stuff.
Web Site User Agreement and Disclaimers
Please read the following terms and conditions carefully before using this Web site or any of our other Web sites.
By accessing or using our site, you agree to the following terms and conditions. You should review these terms
and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or
condition, you should not access or otherwise use our sites. The following terms and conditions apply to our
Web Site, including any Web sites owned, operated or sponsored by any of our affiliates. "Content" refers to any
materials, documents, images, graphics,logos, design, audio, video and any other information provided from or
on our Web site
1. We Provide Our Web Site For Your Convenience Only
Our Web site is provided to you without charge as a convenience and for your information only.
By merely providing access to our Web site content, we do not warrant or represent that:
* the content is accurate or complete;
* the content is up-to-date or current;
* we have a duty to update any content;
* the content is free from technical inaccuracies or typographical errors;
* the content is free from changes caused by third party; and
* your access to our Web site will be free from interruptions, errors, computer viruses or other harmful components.
We do not assume any liability for these matters. In other words, you use our Web site at your own risk. Under no
circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental
or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content
of this Web site, even if one of our representatives has been advised of the possibility of your damages. If your use of
our Web site results in your need to service, repair or correct equipment or data, you assume the costs to the extent the
law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages
. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
2. We Provide Our Web Site "As Is" and Disclaim All Warranties
Our Web site content is provided "as is" and without warranties of any kind, either express or implied. We disclaim all
warranties, express or implied, including, but not limited to, implied warranties and merchantability and fitness for a
3. We Do Not Have Responsibility for Links to Third Party Content. We may provide hyperlinks or pointers to other
Web sites maintained by third parties or may provide third party content on our Web site by framing or other methods.
The links to third party Web sites are provided for your convenience and information only. The content in any linked
Web sites is not under our control so we are not responsible for the content, including any further links in a third party
site. If you decide to access any of the third party sites linked to our Web site, you do this entirely at your own risk. It is
up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms,
Trojan horses and other items of a destructive nature.
4. If We Provide a Link, We Do Not Necessarily Endorse a Third Party
We reserve the right to terminate a link to a third party Web site at any time. The fact that we provide
a link to a third party Web site does not mean that we endorse, authorize or sponsor that Web site.
It also does not mean that we are affiliated with the third party Web site's owners or sponsors.
5. If a Third Party Links to Our Web Site, It is Not An Endorsement
If a third party links to our Web site, it is not necessarily an indication of an endorsement, authorization, sponsorship,
affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to
our Web site. A Web site that links to our Web site:
* May link to, but not replicate, our content;
* Should not create a browser, border environment or frame our content;
* Should not imply that we are endorsing it or its products;
* Should not misrepresent its relationship with us;
* Should not present false information about our products or services; and
* Should not contain content that could be construed as distasteful, offensive or controversial, and
should contain only content that is appropriate for all age groups.
6. If You Transmit or Provide Data to Us, It is Non-Confidential
We do not want to receive confidential or proprietary information from you through our Web site. If you
transmit to or post on our Web site any material, data, information or idea by any means, it will be
treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose.
Personal data provided to us will be handled in accordance with our policies regarding privacy.
You are not authorized to post on or transmit to or from our Web site any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content
that could give rise to any civil or criminal liability under the law.
7. Your Use of Our Web Site is Restricted
Our Web site and its content are owned and operated by us. Our Web site's content is copyrighted and
protected by U.S. and worldwide copyright laws and treaty provisions.
In addition, our Web site content is protected by trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
No content from Mingus Designs or any other Web site owned, operated, licensed or controlled by us
may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any
You also may not, without our permission, "mirror" any material contained on our Web site on any other
server. The sole exceptions to these restrictions are:
* you obtain written permission from us to waive these restrictions; or
* you may download one copy of the content on a single computer for informational, non-commercial
and personal use only, provided you keep intact all copyright and other proprietary notices and do not
modify, and will not copy or post, the content on any network computer or broadcast in any media.
If you violate these restrictions, you may be subject to civil and criminal penalties. If we grant you
permission to waive these reconstructions, the permission terminates automatically if you breach any of
these terms or conditions. Upon termination, you must immediately destroy any downloaded materials
and printed materials.
8. By Providing Content, We Do Not Allow You to Use Our Trademarks
The trademarks, service marks, and logos used and displayed on our Web site are our registered and unregistered
Nothing on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to
use any trademark, without our written permission. We aggressively enforce our intellectual property rights.
The name of Mingus Designs or R@man Small art objects our logo may not be used in any way, including in advertising
or publicity pertaining to distribution of materials on our Web site, without prior written permission. You are not authorized
to use our logo as a hyperlink to our Web site unless you obtain our written permission in advance.
9. We Are Not Providing Investment Advice Nor Soliciting Offers
Nothing in this site constitutes investment advice. In addition, our Web site content does not offer to sell or solicit any
offer to buy any security.
It is advisable to learn more about us and our industry through a variety of public materials.
10. Individuals/Companies Should Not Unduly Rely on Any Forward-Looking Information
Our Web site contains information that includes or is based upon forward-looking statements.
Forward-looking statements give our expectations or forecasts of future events.
You can identify these statements by the fact that they do not relate strictly to historical or current facts.
They typically use words such as "anticipate," "estimate," "expect,""project," "intend," "plan," "believe,"
and other similar words. Any or all of our forward-looking statements here or in other publications may
turn out to be wrong.
Forward-looking statements can be affected by inaccurate assumptions or by known or unknown risks
and uncertainties. Many such factors will be important in determining our actual future results.
Consequently, no forward-looking statement can be guaranteed.
Our actual results may vary materially, and there are no guarantees about the performance of our company.
These risks, uncertainties and factors include: the effects of government; worldwide general economic,
business and regulatory conditions; "Year 2003" issues; the ability to obtain and timing of future
business and contracts, risks inherent in designing and implementing innovative advanced technology;
performance based on completed research and development.
Given these uncertainties, you should not place undue reliance on these forward-looking statements.
We do not undertake any obligation to publicly release any revisions to any forward-looking statements to reflect changes
in events, circumstances or expectations or to reflect the occurrence of unanticipated events after the date on which such
statement is made.
New factors emerge from time to time, and it is not possible for management to predict all of such factors, nor can it
assess the effect of each such factor on our business or the extent to which any factor, or combination of factors, may
cause actual results to differ materially from those indicated by such forward-looking statements.
11. You Must Obey Local Laws in Accessing Our Web Site
This site is controlled by us from our offices within the United States of America. We make no representation that content
or materials in the site are appropriate or available for use in other jurisdictions. Access to our Web site content or materials
from jurisdictions where such access is illegal or prohibited.
If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance
with applicable local laws. We are not responsible for any law violations. You may not use or export the materials in this site
in violation of U.S. export and technology transfer laws and regulations.
Any claims relating to our Web site and its content and materials shall be governed by the laws of the State of New York
without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any
purpose concerning this Agreement or the parties obligations shall be brought exclusively in a federal or state court in
12. You are Bound by Changes in this Agreement's Terms and Conditions
We may at any time revise these terms and conditions by updating this posting. By using our Web
site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then
current Mingus Designs Web Site User Agreement and Disclaimers to which you are bound. Certain provisions of these
terms and conditions may be superseded by other legal notices or terms located on parts of our Web site.
13. You Agree to Indemnify Us for Using Our Web Site
You agree to indemnify, defend and hold harmless Mingus Designs, its officers, directors, employees, agents,licensors,
suppliers and any third party information providers to us from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
14. Third Parties May Have Rights Under This Agreement
Some of the provisions of this Agreement are for the benefit of Mingus Designs and its officers, directors, employees, agents,
licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly
against you on its own behalf.
15. How This Agreement May Be Terminated
This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer
use our Web site after you have terminated this Agreement. Provisions 2, 6, 7, 8, 11, 13, and 14 of this Agreement shall survive
any termination of this Agreement.
Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision
of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
© Copyright 2003 Mingus Designs
Mingus Designs shall not be liable for any errors, omissions, interruptions or delays in connection with the content or for any damages arising wherefrom.
© 2003 Charles Mingus III AKA ED
" How to brainwash anybody a confession of a "salesman"
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