SITE TERMS OF USE
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
1. Restrictions on Use
All pages within this Website and any material made available for download
(collectively the "Site") are the property of INFORMATION APPLIANCE
ASSOCIATES ("IAA", "we", "us") and/or its
affiliates. The Site is protected by federal and international copyright and
trademark laws. No portion of the materials on these pages may be reprinted,
republished, modified, or distributed in any form without the express written
permission of IAA, except that you may print out a copy solely for your personal
use. You shall keep intact any proprietary notices, including copyright notices,
contained on any downloaded materials and shall comply with any applicable end
user license agreements.
2. Permitted Us e.
You have a nonexclusive, nontransferable, limited, and revocable right to use
the Site solely for your personal educational, informational, and entertainment
use. You will not use the Web Site for any other purpose, including any
commercial purpose, without IAA’s express prior written consent. For example,
you will not, and will not authorize any other person to, (i) Co-brand the Site
or portion thereof, or (ii) frame the Site or portion thereof (whereby the Site
or portion thereof will appear on the same screen
with a portion of another web site).
"Co-branding" means to display a name, logo, trademark, or other
means of attribution or identification of any party in such a manner reasonably
likely to give a user the impression that such other party has the right to
display, publish, or distribute the Site or content accessible within the Site
(the "Content"). User agrees to cooperate with the Company in causing
any unauthorized Co-branding, framing or linking to immediately cease.
Any rights not expressly granted by these Terms and Conditions or by any
other applicable agreements on this Site are reserved by IAA.
Other terms governing various aspects of your use of this Site, incorporated
herein by this reference, are:
Return Policy for Downloaded Product
Privacy Policy
3. Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT,
INCLUDING WITHOUT LIMITATION ANY SITE-RELATED SERVICE, ANY AND ALL DATA SOFTWARE
AND DOCUMENTATION IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND
HYPERLINKED WEBSITES.
IAA, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE,
OR OTHER DAMAGES ARISING OUT OF OR RELATING IN
ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED
WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED
WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although IAA attempts to ensure the integrity and accurateness of the Site,
it makes no guarantees whatsoever as to the correctness or accuracy of the Site.
It is possible that the Site could include inaccuracies or errors, and that
unauthorized additions, deletions and alterations could be made to the Site by
third parties. In the event that an inaccuracy arises, please inform IAA so that
it can be corrected. Information contained on the Site may be changed or updated
without notice.
This disclaimer of liability applies to any damages or injury caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure, theft
or destruction or unauthorized access to, alteration of, or use of record,
whether for breach of contract, tortious behavior, negligence, or under any
other cause of action.
4. Links or Pointers to Other Sites
IAA makes no representations whatsoever about any other Website that you may
access though this Site. When you access a non-IAA Website, please understand
that it is independent from IAA, and that IAA has no control over the content on
that Website. In addition, a hyperlink to a non-IAA Website does not mean that
IAA endorses, or represents any affiliation with, or accepts any responsibility
for the content, or the use, of the linked site. It is up to you to take
precautions to ensure that whatever you select for your use or download is free
of such items as viruses, worms, trojan horses, and other items of a destructive
nature.
5. Indemnity.
You agree to indemnify and hold IAA, its Licensors, content providers,
service providers and contractors (the "Indemnified Parties") harmless
from any breach of these Terms and Conditions by you, including any use of
Content other than as expressly authorized in these Terms and Conditions. You
agree that the Indemnified Parties will have no liability in connection with any
such breach or unauthorized use, and agree to indemnify any and all resulting
loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the
Indemnified Parties in connection therewith. You will also indemnify and hold
the Indemnified Parties harmless from and against any claims brought by third
parties arising out of your use of the information accessed from the Site.
6. Choice of Law and Venue
These Terms and Conditions are entered into in the State of California and
shall be governed by and construed in accordance with the laws of the State of
California, exclusive of its choice of law rules. Each party to these Terms and
Conditions submits to the exclusive jurisdiction of the state and federal courts
sitting in the County of San Diego in the State of California, and waives any
jurisdictional, venue, or inconvenient forum objections to such courts.
In any action to enforce these Terms and Conditions, the prevailing party
will be entitled to costs and attorney fees. In the event that any of the Terms
and Conditions are held by a court or other tribunal of competent jurisdiction
to be unenforceable, those provisions shall be limited or eliminated to the
minimum extent necessary so that these Terms and Conditions shall otherwise
remain in full force and effect.
7. No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to IAA that you will not
use the Site for any purpose that is unlawful or prohibited by these Terms and
Conditions
8. Entire Agreement
These Terms and Conditions constitute the entire agreement between IAA and
you pertaining to the subject matter of this Agreement. In its sole discretion,
IAA may modify these Terms and Conditions by posting the revised version on this
Site. It is your responsibility to keep up with such changes, by reviewing these
Terms and Conditions periodically. You agree that each visit you make to the IAA
Site shall be subject to the current guidelines.
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