Web Site (the
Site) Agreement
This Web Site (The "Site")
is an online information service, subject to your compliance with the terms and
conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. The Site MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and
Idea Submissions.
The entire contents of the
Site are protected by international copyright and trademark laws. The owner of
the copyrights and trademarks are The Site, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant to The Site a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and services)
you submit to any public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to The Site by all means and in any media now known or
hereafter developed. You also grant to The Site the right to use your name in
connection with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against The Site for any
alleged or actual infringement or misappropriation of any proprietary right in
your communications to The Site.
TRADEMARKS.
2. Use of the
Site.
You understand that,
except for information, products or services clearly identified as being
supplied by The Site, The Site does not operate, control or endorse any
information, products or services on the Internet in any way. Except for The
Site-identified information, products or services, all information, products and
services offered through the Site or on the Internet generally are offered by
third parties, that are not affiliated with The Site a. You also understand that
The Site cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and output, and
for maintaining a means external to the Site for the reconstruction of any lost
data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. The Site
PROVIDES INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY, AND The Site SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. The Site DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL
BE CORRECTED.
YOU UNDERSTAND FURTHER
THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH
ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS
IS AT YOUR RISK. The Site HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL The Site
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN
IF The Site OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, The Site LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
The Site makes no representations whatsoever about any other web site which
you may access through this one or which may link to this Site. When you access
a non-Site web site, please understand that it is independent from The Site, and
that The Site has no control over the content on that web site. In addition, a
link to a The Site web site does not mean that The Site endorses or accepts any
responsibility for the content, or the use, of such web site.
3.
Indemnification.
You agree to indemnify,
defend and hold harmless The Site, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to the Service
from and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party
Rights.
The provisions of
paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit
of The Site and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service. Each of
these individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be
terminated by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of
the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous)
shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all
be governed and construed in accordance with the laws of United States
applicable to agreements made and to be performed in United States. You agree
that any legal action or proceeding between Our Site and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction sitting in
United States. Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. The Site's 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. The Site may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any rights not expressly
granted herein are reserved.
Publications, products, content or services referenced herein or on the Site
are the exclusive trademarks or servicemarks of The Site. Other product and
company names mentioned in the Site may be the trademarks of their respective
owners. 2009©
Copyright, All Rights Reserved
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