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Terms Of Use


PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

This Web site (the "Site") is provided by ("Owner"). BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AS WELL AS ALL OTHER POLICIES DESCRIBED IN THE SITE.

These terms may be changed from time to time and without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, please do not use the Site or download information or materials from it.

Owner may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. Owner may remove, modify or otherwise change any content, including that of third parties, on or from this Site. Owner may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Owner may terminate your use of the Site at any time in its sole discretion.

These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with Owner.

1. Proprietary Rights.

Copyrights.

Owner reserves copyrights in all contents of this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement. The contents of this Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Owner's prior written permission, except that you may download and print content for uses that are not competitive with or derogatory to Owner, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Site information on any other Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the content of this Site is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities.

Trademarks.

Trademarks of Owner and its affiliates may not be copied, imitated, or used, in whole or in part, without the prior written permission of Owner. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Owner or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Owner. Other trademarks, registered trademarks, product names, and company names or logos displayed on this Site are the property of their respective owners.

Patents.

Owner's products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. Owner reserves all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of Owner?s products or processes.

Software.

Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, "Software"), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to Owner. Owner retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

2. User Conduct-General.

In using this Site, you agree:

(a) not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites;

(b) not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;

(c) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;

(d) not to use or attempt to use another's account, service or system without authorization from the Owner, or create or use a false identity on this Site;

(e) not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; and,

(f) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Site.

3. Administrator Conduct-Additional User Set-up

This Site provides a single User ID and Password for each business owner, principal, and/or designated representative (the "Representative"). It is the responsibility of the Representative to guard the security of his or her ID and Password. Additional "users" may be granted access to portions of the site by the Representative. It is the responsibility of the Representative to assign, delete, edit, enable and/or disable any and all "users" for their business. Owner is not responsible for any misuse of any ID and Password, and will only maintain (setup and change) the single User ID and Password originally assigned to each Representative.

4. Online Communications On and Through the Site.

Except as otherwise provided in our Privacy Policy, you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, purchase orders, quotes, performance data, account information, or other material, data or information (collectively, "Information"), are non-confidential and upon transmission of such information to Owner via email or other means you grant to Owner an irrevocable, non-exclusive, royalty-free, sub-licensable, world wide license (including but not limited to a copyright license) to use such Information for any purpose.

5. Owner Product And Service Information ! Limitations.

All content available through this Site, including data, quotes, status reports, and information is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any product or service available through this Site. Specifications for products and services are subject to change without notice, and Owner reserves the right to make changes without notice to processing, materials, or configuration. All information on the Site is subject to the disclaimers of section 8 below.

Owner has made what it believes to be a reasonable effort to guard the security of this Site's server. However, the Internet is generally accessible to the public, and any information available on the Internet, including any information you supply on this Site, may be accessible by unintended third parties. Your use of this Site and your disclosure of personal information at this Site, on or through any server, are strictly at your own risk.

6. Links and Third Party Content.

Links to Other Web sites.

This Site may from time to time contain links to other Web sites or other Internet information sources ("Third Party Sources"). These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by Owner of -- or responsibility for -- the third parties or the linked Third Party Sources or any content, services or products available on or through such Third Party Sources.

Links from Other Web sites.

All links to this Site must be approved in writing by Owner, except that Owner consents to links in which: (1) the link is a text-only link containing only the title of the home page of this Site, (2) the link "points" only to the home page of the Site and not to deeper pages, (3) the link, when activated by a user, displays this home page of the Site full-screen and not within a "frame" on the linked Web site, (4) the appearance, position, and other aspects of the link may not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by Owner or its affiliates, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of Owner or its affiliates. Owner reserves the right to revoke this consent to link at any time in its sole discretion.

Third Party Content.

This Site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither Owner nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information.

7. Disclaimers.

THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT OWNER DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, OWNER AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE.

OWNER DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES OWNER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.

OWNER ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF OWNER, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS.

OWNER DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWNER OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL OWNER OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN OWNER FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

9. General.

International.

This Site is controlled, operated and administered by Owner from its offices within the United States. Owner makes no representation that materials at this Site are appropriate or available for use at locations outside of the United States, and your access to the Site from territories where its contents may be illegal is prohibited.

Applicable Law.

These terms shall be governed by and construed in accordance with the laws of the State of New York, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. For all disputes arising from or related to the Site, you agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of New York.

Other.

These terms constitute the entire agreement between you and Owner governing your use of the Site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these terms or your use of the Site must be filed within one year after it arose or be permanently barred.


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