Welcome to the website of Mark Heiderich. This website is best viewed using a contemporary browser.

Use of this website is offered to you on your acceptance of these Terms of Use, my Privacy Policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, my Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use my information, services, or website. I suggest you print a copy of each of these documents for your records.

Mark Heiderich shall have the right, at his sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this website. The most recent version of these Terms of Use may always be found at http://www.heiderich.com/terms_of_use.htm. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on July2, 2001.

This website is for informational purposes only and is not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this website, you may display, download, archive, reformat and print a single copy of any information on this website for such personal use.

The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. Mark Heiderich shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website.

Mark Heiderich reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you.

As a visitor to my website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Mark Heiderich nor any of his data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if Mark Heiderich or such provider has been advised of the possibility of such damages.

You have read and agree to all of the terms and conditions of my Privacy Policy, which is located at: http://www.heiderich.com/privacy.htm.

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, I 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 me (including those which may contain your personal information). While I shall take commercially reasonable efforts to safeguard the privacy of the information you provide me and treat such information in accordance with my Privacy Policy, in no event will the information you provide to me be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on my part in the event that such information is inadvertently released by me or accessed by third parties without our consent.

You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:

1. upload, post or otherwise transmit through or to this website any content that:
   1. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
   2. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
   3. contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;

2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of my website, its computer systems, servers or networks;

3. provide false information about yourself to me, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;

4. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;

5. collect information about other visitors to my website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;

6. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website;

7. redistribute any content, including financial data, provided by me in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;

8. intentionally alter the format in which data is provided by me or otherwise circumvent my regular interfaces to such data; and

9. embed or import any data provided by me into any information services (whether or not web-based), data files or application software, including without limitation accounting and payroll systems.

By uploading, posting or otherwise transmitting through or to my website any content, you grant to me, my successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable licence to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.

You agree to indemnify, defend and hold me and my affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. I reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Links or pointers to other websites 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 me of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As I have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, I 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.

Mark Heiderich ,heiderich.com, and other identifying marks of Mark Heiderich are and shall remain the trade-marks and trade names and exclusive property of Mark Heiderich, and any unauthorized use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners. All content on this website, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of Mark Heiderich and is protected by international copyright law. The content on this website may be used by you only for your personal, non-commercial 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. Any rights not expressly granted to you are reserved by us.

My policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
4. The address, telephone number or e-mail address of the complaining party.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to:

Mark Heiderich
PO Box 2215
Bothell, WA 98041-2215
USA

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

You agree that these Terms of Sale, my Privacy Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

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

If you have any questions or concerns about our website or these Terms of Use, please feel free to contact me at mark@heiderich.com.