|
Welcome
to this Cornerstone Information Systems Web Site (this "Web Site"). Cornerstone
Information Systems provides this Web Site subject to the following terms of
use ("Terms"). These Terms explain a contractual agreement between you ("User,"
"You," "Your") and Cornerstone Information Systems (“CIS," “We," "Us," "Our")
regarding Your use of this Web Site. You should print a copy of these Terms for
Your records. Please note, however, that we may update and amend these Terms
from time to time.
|
|
|
|
1.
What You Should Know
|
|
|
|
The
goal of this Web Site is to provide You with access to information about Our
facilities, services, products, and related links to meet Your needs (the
"Content"). The Terms are meant to protect all of Our visitors to this Web
Site, and Your access to and use of this Web Site signifies Your agreement with
these Terms. DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS. We
reserve the right, in Our sole discretion, to modify, alter or otherwise update
these Terms at any time. Such modifications, alterations, and updates shall be
effective immediately upon posting. You agree to be bound by such modified,
altered, and updated Terms if You access or use this Web Site after We have
posted notice of such modifications, alterations or updates.
Consistent
with Our goals, this Web Site will permit You to link to many other Web sites
that may or may not be affiliated with this Web Site and/or with Us. The other
linked Web sites have different terms of use that are not the same as these
Terms. Your access to and use of such linked Web Sites through links provided
on this Web Site is governed by the terms of use and policies of those sites,
not this Web Site.
|
|
|
|
2.
Purpose of this Web Site
|
|
|
|
This
Web Site, as well as the contents of this Web Site, including all information,
text, graphics, images, hyperlinks and other material including user
contributions (the "Materials"), are for general educational and reporting
purposes only and are not intended to be used for the purposes of legal,
accounting, medical or other professional advice and should not be relied on as
such. CIS does not endorse any statements or opinions made in the Materials nor
determine the truthfulness, accuracy, reliability, currency or completeness
thereof. CIS does not take any responsibility for the Materials nor will CIS be
responsible for any damages to users of the Web Site, however caused. Use of
the Web Site or Materials and any reliance on the Materials will be at your own
risk.
|
|
|
|
3
Disclaimer
|
|
3.1
Thawte Server Digital ID Certificate
|
|
|
|
CIS
has acquired a thawte Server Digital ID certificate ("Certificate") from
Thawte, Inc. ("thawte ") for use pursuant to the terms of thawte 's Server
Certificate Agreement (the "Agreement"). The Certificate is a computer based
record that contains, among other things, CIS's public key for use in
connection with the encryption and decryption of electronic messages
transmitted from selected portions of this Web Site. Under the Agreement,
thawte disclaims any warranty with respect to the services provided by it and
makes no assurances of the results of the cryptographic methods implemented in
connection with the Certificate.
By
transmitting any data or information to CIS from this Web Site, you acknowledge
and agree that CIS does not make any representation or warranty, express or
implied, concerning the Certificate or the results of the cryptographic methods
implemented in connection with the Certificate, including any representation or
warranty as to the functionality, performance, operation or non-infringement of
the Certificate or the cryptography technology or any implied warranties of
merchantability or fitness for a particular purpose.
|
|
|
|
3.2
iSoft Commerce
Suite AS2
Protocol (“Software")
|
|
|
|
THE
FOLLOWING SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY CIS FROM THIS WEB SITE
REGARDLESS OF WHETHER OTHER SOFTWARE IS INCLUDED, REFERRED TO OR DESCRIBED
HEREIN.
Subject
to the terms and conditions of the CIS Master License Agreement (“Agreement”),
You are hereby granted, and You accept, the right to install a single image of
the Software on a single computer. The Software may not be shared, installed
nor used concurrently on different computers.
Except
to the extent expressly contrary to applicable law, the following restrictions
apply: (a) You may not make or distribute copies of the Software, or
electronically transfer the Software from one computer to another or over a
network, (b) You may not alter, merge, modify, adapt or translate the Software,
or decompile, reverse engineer, disassemble, or otherwise reduce the Software
to a human-perceivable form, (c) You may not sell or transfer the Software, (d)
You may not modify the Software or create derivative works based upon the
Software, (e) You shall not (i) install or use more than one copy of the
Software, or (ii) download the Software under more than one username.
Except
as expressly set forth, CIS makes no warranties, whether express or implied, or
statutory regarding or relating to the Software or the Documentation, or any
materials or services furnished or provided to You from this Web site.
Specifically, CIS does not warrant that the Software will be error free or will
perform in an uninterrupted manner. To the maximum extent allowed by law, CIS
specifically disclaims all implied warranties of merchantability and fitness
for a particular purpose (even if CIS had been informed of such purpose) with
respect to the Software, Documentation and support and with respect to the use
of any of the foregoing.
You
agree to comply with U.S. Export Administration Regulations ("EAR"), Executive
Orders and foreign government regulations relating to the exportation and/or
importation of Services, Documentation, or Data (collectively, "Export
Controls"). You agree not to export (directly or indirectly), re-export, divert
or transfer any Documentation or any materials, items or technology related to
the Services or related technical data or any direct product thereof to a
destination, company or person restricted or prohibited by Export Controls. You
also represent that You are not such a company or person.
You
agree to comply with the provisions of all applicable federal, state, county,
and local laws, ordinances, regulations and codes (including procurement of
required permits or certificates. You and Your affiliates represent and warrant
that neither You nor any affiliate is identified, either by name or an alias,
pseudonym or nickname, on the lists of "Specially Designated Nationals" or
"Blocked Persons" maintained by the U.S. Treasury Department's Office of
Foreign Assets Control (text available at
http://www.treas.gov/offices/enforcement/ofac/).
Further, You and Your affiliates represent and warrant that You have not
violated, and agree that You will not violate, any law prohibiting corrupt
business practices, money laundering or the aid or support of persons who
conspire to commit acts of terror against any person or government, including
acts prohibited by the U.S. Patriot Act (text available at http://www.epic.org/privacy/terrorism/hr3162.html),
U.S. Executive Order 13244 (text available at http://www.treas.gov/offices/enforcement/ofac/sanctions/terrorism.html),
or any similar law. The foregoing constitute continuing representations and
warranties, and You and Your affiliates shall immediately notify CIS in writing
of the occurrence of any event or the development of any circumstance that
might render the foregoing representation and warranty false, inaccurate or
misleading. You agree to indemnify, defend against, and hold CIS harmless from,
any loss or damage sustained because of noncompliance under this Section.
|
|
|
|
4.
Privacy
|
|
|
|
Registration
data and certain other information about You is subject to our Privacy Policy.
For more information, please review our posted Privacy Policy.
|
|
|
|
5.
Laws and Regulations
|
|
|
|
User
access to and use of this Web Site is subject to all applicable international,
federal, state and local laws and regulations.
|
|
|
|
6.
Violation of Rules and Regulations
|
|
|
|
Cornerstone
Information Systems reserves the right to seek all remedies available at law
and in equity for violations of these Rules and Regulations, including the
right to block access from a particular internet address to this Web Site.
|
|
|
|
7.
Use of this Web Site
|
|
|
|
We
control and operate this Web Site. All Content on this Web Site, including, but
not limited to, text, photographs, images, illustrations, audio clips, and
video clips, is protected by copyrights, trademarks, service marks, and/or
other intellectual property rights (which are governed by United States and
worldwide copyright laws and treaty provisions, privacy and publicity laws, and
communication regulations and statutes). The Content is owned and controlled by
Us or Our affiliates, or by third party content providers, merchants, sponsors
and licensors (collectively the "Providers") that have licensed their content
or the right to market their products and/or services to Us. Content on this
Web Site or any Web Site owned, operated, licensed or controlled by the
Providers is solely for Your personal, non-commercial use. You agree to abide
by all additional copyright notices, information, or restrictions contained in
any Content. You may download a single copy of any Content contained on this
Web Site, solely for Your personal, non-commercial use, consistent with these
Terms, provided that You maintain all copyright and other notices contained in
such Content.
You
may not copy, reproduce, republish, upload, post, transmit, distribute, and/or
exploit the Content in any way (including by e-mail or other electronic means)
for commercial use without the prior written consent of Us or the Providers.
You may request consent by emailing a request to Cornerstone Information
Systems support department,
support@ciswired.com. Your modification of the Content, use of the
Content on any other Web Site or networked computer environment, or use of the
Content for any purpose other than personal, non-commercial use, without the
prior written consent of Us or the Providers, violates the intellectual
property rights and proprietary rights of the Content owners and is prohibited.
You
may not use on Your Web Site any registered or unregistered trademarks, service
marks or copyrighted materials appearing on this Web Site, including but not
limited to any logos or characters, without the express written consent of the
owner of the mark or copyright. You may not frame, deep link, or otherwise
incorporate into another Web Site any of the Content or other materials on this
Web Site without Our express prior written consent.
Violation
of trademark and copyright laws may result in significant civil liability or
criminal penalties under
United
States
and/or worldwide copyright and trademark laws. You recognize that any
reproduction or use of Content, except as authorized by these Terms, is
considered intentional infringement.
|
|
|
|
8.
Grant of License
|
|
|
|
CIS
grants you a non-assignable and non-transferable limited license to access and
use (display, print, download) the Materials and Services for your personal,
non-commercial use. You must retain all copyright notices such as trademark
notices and other proprietary notices that are contained in the original
Materials. You are not permitted to copy, modify, reproduce, sell, rent, lease,
loan, distribute, or otherwise dispose of, deal with or use the Materials or
Services for any public purpose or for any commercial gain.
Parts
of this Web Site are available only to registered users and subject to payment
and other agreements. You agree not to attempt access to these parts of the Web
Site without complying with all terms of such agreements. If you are authorized
to access a part of this Web Site for a certain time period, then the license
to use the Materials and Services will terminate upon the expiration of the
applicable time period.
|
|
|
|
9.
Software License Agreements Incorporated in Terms of Use
|
|
|
|
All
software that is accessed from this Web Site are governed by software license
agreements ("SLAs"), the terms and conditions of which SLAs supplement these
Terms of Use and are incorporated in these Terms of Use by reference. In the
event of a conflict between these Terms of Use and the terms and conditions of
the applicable SLA, the terms and conditions of the applicable
SLA
will prevail. All software applications not governed by a specific software
license agreement are governed by these Terms of Use.
|
|
|
|
10.
User's Responsibilities
|
|
|
|
You
warrant and represent to Us that You will not use this Web Site for any purpose
that is unlawful or prohibited by these Terms, including without limitation the
posting or transmitting any threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material. If You violate any
of these Terms, Your permission to use this Web Site immediately terminates
without the necessity of any notice. We retain the right to deny access to
anyone at Our discretion for any reason, including for violation of these
Terms.
You
are solely responsible for Your Information, and We act as a passive conduit
for Your online distribution and publication of Your Information. As used in
these Terms, "Information" means any information or data that You submit to
this Web Site and any information or data that is generated by this Web Site as
a result of Your use of this Web Site.
In
the event that You are provided with User identification numbers or codes
(collectively, " ID's"), confirmation numbers, and/or passwords (as applicable)
in the use of this Web Site, You shall maintain such User ID's, confirmation
numbers, and/or passwords in confidence and You agree not to distribute or
disclose the same to third parties. It is Your responsibility to notify Us if
We need to change or discontinue any of Your ID's, confirmation numbers, or
passwords. It is also Your responsibility to immediately request
discontinuation of an ID, confirmation number, or password upon Your knowledge
or belief that such ID, confirmation number, and/or password is, or may be
subject to, a breach of confidentiality. We may suspend or terminate Your
service or access to this Web Site if We believe a breach of these Terms has
occurred.
You
agree to provide true, accurate, current and complete Information. If You
provide any Information that is untrue, inaccurate, not current or incomplete
(or We have reasonable grounds to suspect that such Information is untrue,
inaccurate, not current or incomplete), We have the right to suspend or
terminate Your access and activity, and refuse any and all current or future
use of this Web Site.
|
|
|
|
11.
Prohibited Activities
|
|
|
|
You
are specifically prohibited from any use of this Web Site, and You agree not to
use or permit others to use this Web Site, for any of the following: (a) take
any action that imposes an unreasonable or disproportionately large load on the
Web Site's infrastructure, including but not limited to "spam" or other such
unsolicited mass e-mailing techniques; (b) disclose to, or share with, the
assigned confirmation numbers and/or passwords with any unauthorized third
parties or using the assigned confirmation numbers and/or passwords for any
unauthorized purpose; (c) attempt to decipher, decompile, disassemble or
reverse engineer any of the software or HTML code comprising or in any way
making up a part of this Web Site; (d) upload, post, emailing or otherwise
transmitting any Information, Content, or proprietary rights that You do not
have a right to transmit under any law or under contractual or fiduciary
relationships; (e) violating any applicable local, state, national or
international law, including, but not limited to, any regulations having the
force of law; and, (f) using any robot, spider, intelligent agent, other
automatic device, or manual process to search, monitor or copy Our Web pages,
or the Content without Our prior written permission, provided that generally
available third party Web browsers such as Netscape Navigator® and Microsoft
Internet Explorer® may be used without such permission.
|
|
|
|
12.
Information Posted to Web Site
|
|
|
|
With
respect to all Information You elect to post to publicly accessible areas of
the Web Site, You agree that We have the right to use, reproduce, modify,
publish, perform and display such Information (in whole or part) worldwide;
provided that such use is subject to the terms of Our Privacy Policy.
You
acknowledge and agree that We may preserve Information and may also disclose
Information if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the Terms; (c) respond to claims that any Information
violates the rights of third parties; or (d) protect the rights, property, or
personal safety of Our business, employees, Providers, affiliates, users,
and/or the general public.
|
|
|
|
13.
links to Other Web Sites
|
|
|
|
This
Web Site may contain links to third party and/or other Cornerstone Information
Systems-affiliated Web Sites not under Our control or operation (the "linked
Sites"). The links will let You leave this Web Site, and You access them at
Your own risk. You acknowledge that We provide the linked Sites for Your
convenience and information only. We do not endorse nor are We responsible for
any content, information, or other related materials found at any such linked
Sites or any links contained within such linked Sites, whether or not We are
affiliated with the owners of such linked Sites. Moreover, We do not control
any use of content, information or other related material that You provide to,
or is collected and/or tracked by, such linked Sites. Such use by linked Sites
is governed by the terms of use statements and/or privacy policies of such
linked Sites, not this Web Site, and as a result may differ from Ours. You may
not establish a hyperlink to this Web Site or provide any links that state or
imply any sponsorship or endorsement of Your Web Site by Us or the Providers.
|
|
|
|
14.
Dealings with Advertisers
|
|
|
|
Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through this Web Site, including payment and delivery
of related goods or services, and any other terms, conditions, warranties, or
representations associated with such dealings are solely between You and such
advertiser. You agree that We (and the Providers) shall neither be responsible
nor liable for any loss or damage incurred by You as the result of any such
dealings or as the result of the presence of such advertisers on this Web Site.
|
|
|
|
15.
No Warranties
|
|
|
|
ALL
CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S.
LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF
EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER
WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON
INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE,
WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE
CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE
CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR
CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS
TO THE RELIABILITY, ACCURACY, USEFULNESS, OR CURRENCY OF ANY CONTENT, SERVICE,
AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
WE
ARE A DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO MORE EDITORIAL CONTROL OVER
SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY
OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED
OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING IN THE linkED SITES) ARE THOSE OF
THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT.
YOU
USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET CONNECTION)
AND REPAIR OR CORRECTION OF YOUR SYSTEM.
|
|
|
|
16.
Limitation of Liability
|
|
|
|
IN NO
EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS),
NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY
PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS
WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT
(INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER
WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING
WITHOUT LIMITATION FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER
linkED SITE.
OUR
LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY THIRD PARTIES IN
ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO
US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $500.
Some states do not allow for the limitation of liability, so the foregoing
limitation may not apply to You.
BY
WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE
RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR
ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT,
INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. MOREOVER,
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR
ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
The
limitation of liability reflects the allocation of risk between the parties.
The limitations specified in this Section 16 will survive and apply even if any
limited remedy specified in these Terms is found to have failed of its
essential purpose. The limitations of liability provided in these Terms inure
to the benefit of Us and the Providers, and to all respective officers,
directors, employees, representatives, attorneys, and agents.
|
|
|
|
17.
Limitation of Liability for Services Arranged through the Site
|
|
|
|
YOU
AGREE THAT CORNERSTONE INFORMATION SYSTEMS IS A MERE AGENT FOR THE PROVIDERS OF
SERVICES AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO TRAVEL
SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO
THE SERVICES OFFERED THROUGH THE WEB SITE ARE LIMITED TO CLAIMS AGAINST ANY AND
ALL SERVICE PROVIDERS. CORNERSTONE INFORMATION SYSTEMS HEREBY DISCLAIMS ANY
LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR
SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING
WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS,
ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT,
NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE
CORNERSTONE INFORMATION SYSTEMS FROM ANY LIABILITY WITH RESPECT TO THE SAME.
|
|
|
|
18.
Transmission of Personal Data
|
|
|
|
User
acknowledges and agrees that by providing Cornerstone Information Systems with
any personal or proprietary user information through the Web Site, user
consents to the transmission of such personal or proprietary user information
over international borders as necessary for processing in accordance with
Cornerstone Information Systems' standard business practices.
User
should be aware that linked Sites may contain transmission of personal data
provisions that differ from the provisions provided herein. Cornerstone
Information Systems is not responsible for such provisions, and expressly
disclaims any and all liability related to such provisions. See Our posted Privacy Statement.
|
|
|
|
19.
Governing Law and Jurisdiction
|
|
|
|
We
operate this Web Site (excluding linked Sites) from Our offices within the
State of
Indiana
. It can be accessed from all 50 states, as well as from other
countries around the world. As each of these places has laws that may differ
from those of Indiana, by accessing this Web Site, You agree that these Terms
and Your use of the Web Site shall be governed in all respect by the internal
substantive laws of the State of Indiana, without regard to conflict of laws
provisions and shall not be governed by the United Nations Convention on the
International Sale of Goods. You further submit to exclusive jurisdiction and
venue in the state and federal courts located in the State of
Indiana
for all disputes, cases and controversies regarding this Web Site, Your use of
this Web Site, and Your relationship with Us. We make no representation that
materials on this Web Site are appropriate or available for use in other
locations, and accessing them from territories where the Content is illegal is
prohibited.
Those
who choose to access this Web Site from other locations do so at their own risk
and are responsible for compliance with local laws, including laws regarding
the transmission of technical data exported from the
United
States
or the country in which You reside.
|
|
|
|
20.
Indemnification
|
|
|
|
We
reserve the right to report any wrongdoing, if and when We become aware of it,
to any applicable government agencies. You agree to indemnify, defend and hold
Us and the Providers, Our and their officers, directors, employees, affiliates,
agents, licensors, and suppliers harmless from and against any and all claims,
demands, actions, costs, liabilities, losses and damages of any kind (including
attorneys' fees) resulting from Your use of this Web Site, Your breach of any
provision of these Terms and/or any negligent acts, omissions or intentional
wrongdoing by You. Any such indemnification shall be conditioned on Our: (a)
notifying You in writing of any such claim, demand, action, cost, liability,
loss or threat of any thereof; (b) cooperating with You in the defense or
settlement thereof; and (c) allowing You to control such defense or settlement.
We shall be entitled to participate in such defense at Our own cost and
expense.
|
|
|
|
21.
Message Boards
|
|
|
|
In
the event that We provide message boards or discussion forums on this Web Site
(the "Forums"), You agree to use the Forums only in a noncommercial manner. You
shall not, without our express approval, distribute or otherwise publish any
material containing any solicitation of funds, advertising, or written
solicitation for goods and services. You agree that any uploaded materials may
be republished without compensation to You or any other person or entity. In
addition, You warrant that all moral rights in any uploaded materials have been
waived. While We do not and cannot review every message posted by You or any
other User in the Forums, and although We are not responsible for these
messages, We reserve the right (but not the obligation) to delete, move, or
edit messages that We, in our sole discretion, deem abusive, defamatory,
obscene, in violation of copyright or trademark laws, or otherwise
unacceptable. We do not endorse any Information posted on this Web Site through
forums.
You
agree that You must evaluate, and bear all risks associated with, the use of
any messages, Information, or Content, including any reliance on the accuracy,
completeness, or usefulness of such messages, Information, or Content. In this
regard, You acknowledge that You may not rely on any Content We create or
information submitted to Us by third parties, including without limitation,
information in the Forums, and in all other parts of this Web Site.
|
|
|
|
22.
Other General Provisions
|
|
|
|
These
Terms are for the benefit of Us and the Providers, Our and their officers,
directors, employees, affiliates, agents, licensors, and suppliers. Each of
these individuals or entities shall have the right to assert and enforce these
Terms directly against You on its (or their own) behalf. Our failure to act
with respect to a breach by You or others does not waive Our right to act with
respect to subsequent or similar breaches.
If
any provision of these Terms is held to be invalid or unenforceable, such
provision will be struck and the remaining provisions enforced. Headings are
for reference purposes only.
You
and We are dealing at arms' length, creating a commercial relationship. We are
not Your Agent or Your fiduciary.
The
provisions and conditions of these Terms, and each obligation referenced
herein, represent the entire Agreement between Us (including the Providers),
Our affiliated or related entities, and You, and supersede any prior agreements
or understandings not incorporated herein. In the event that any
inconsistencies exist between these Terms and any future published terms of use
or understanding, the last published Terms shall prevail.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
|
|
|
|