Affiliated Systems, Inc.
Web Site Agreement
The affiliatedinc.com
Web Site (the "Site") is an online information
service provided by Affiliated Systems, Inc. ("affiliatedinc.com
"), 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.
affiliatedinc.com 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 affiliatedinc.com, 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 affiliatedinc.com 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 affiliatedinc.com by all means and in
any media now known or hereafter developed. You also
grant to affiliatedinc.com 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 affiliatedinc.com for any alleged
or actual infringement or misappropriation of any
proprietary right in your communications to
affiliatedinc.com.
TRADEMARKS.
Publications,
products, content or services referenced herein or
on the Site are the exclusive trademarks or
servicemarks of affiliatedinc.com. Other product and
company names mentioned in the Site may be the
trademarks of their respective owners.
2. Use of the Site.
You understand that,
except for information, products or services clearly
identified as being supplied by affiliatedinc.com,
affiliatedinc.comdoes not operate, control or
endorse any information, products or services on the
Internet in any way. Except for affiliatedinc.com-
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
affiliatedinc.com a. You also understand that
affiliatedinc.com 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. affiliatedinc.com PROVIDES THE SITE
AND RELATED 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 affiliatedinc.com 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.
affiliatedinc.com 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. affiliatedinc.com
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL affiliatedinc.com 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 affiliatedinc.com 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, affiliatedinc.com LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
affiliatedinc.com
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-affiliatedinc.com
web site, please understand that it is independent
from affiliatedinc.com, and that affiliatedinc.com
has no control over the content on that web site. In
addition, a link to a affiliatedinc.com web site
does not mean that affiliatedinc.com 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
affiliatedinc.com, 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
affiliatedinc.com 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 The United States of America applicable to
agreements made and to be performed in The United
States of America. You agree that any legal action
or proceeding between affiliatedinc.com 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 The United States of America
. 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.
affiliatedinc.com'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.
affiliatedinc.com 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.
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