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WEBMASTER
TERMS OF SERVICE AGREEMENT
USER
AGREEMENT IMPORTANT - READ CAREFULLY: THIS USER AGREEMENT
(THE "AGREEMENT") IS BETWEEN YOU AND AFFINIGENT,
INC. ("AFFINIGENT"). THIS AGREEMENT SETS FORTH THE
TERMS AND CONDITIONS REGARDING YOUR USE OF THE AFFINIGENT
DESIGNED SITE KNOWN AS "MAINTENANCE RELIABILITY GROUP"
(THE "WEB SITE"). BY REGISTERING AS A USER OF MAINTENANCE
RELIABILITY GROUP AND THE WEB SITE, YOU AGREE TO FOLLOW AND
TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
YOU ARE PERMITTED TO USE, REPRODUCE, AND DISPLAY MATERIALS
ON THE WEB SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL
OF THE TERMS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE
TO THESE TERMS, PLEASE EXIT IMMEDIATELY, AND DO NOT USE THIS
WEB SITE. THE USE, REPRODUCTION, OR DISPLAY OF ANY MATERIALS
ON THE WEB SITE BY YOU OR BY A THIRD PARTY ON YOUR BEHALF
CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
GENERAL
USE PROVISIONS
All materials
provided on this Web Site, including but not limited to information,
documents, products, logos, graphics, sounds, images, software,
and services ("Materials"), are provided either
by Affinigent or by its respective third party manufacturers,
authors, developers, licensors and vendors ("Third Party
Providers") and are the copyrighted work of Affinigent
and/or its Third Party Providers. The Third Party Providers,
including but not limited to Affinigent, are the intended
beneficiaries of this Agreement and may enforce the terms
of this Agreement against you. Except as stated herein, none
of the Materials may be copied, reproduced, distributed, republished,
modified, downloaded, displayed, posted or transmitted in
any form or by any means, including but not limited to electronic,
mechanical, photocopying, recording, or other means, without
the prior express written permission of Affinigent or the
appropriate Third Party Provider. Also, you may not "mirror"
any Materials contained on this Web Site on any other server
without Affinigent's prior written consent. Affinigent hereby
grants you permission to use, reproduce, and display Affinigent's
Materials on this Web Site only, provided that: (1) both the
copyright notice identified below and this permission notice
appear in the Materials; (2) the use, reproduction, and display
of such Materials is solely for your own internal, personal,
non-commercial and informational use and will not be distributed,
provided, or displayed to third parties, posted on any networked
computer, or broadcast in any media; (3) such use, reproduction,
and display is only in accordance with the documentation,
instructions, and other restrictions regarding the Materials;
and (4) the Materials are not modified in any way. This permission
terminates automatically without notice immediately upon the
breach of any of the terms of this Agreement by you or by
any person or entity acting on your behalf. Upon termination,
you will immediately destroy any downloaded, copied, reproduced
or printed Materials.
Any unauthorized use of any Materials contained on this Web
Site may violate copyright laws, trademark laws, the laws
of privacy and publicity, and communications regulations and
statutes.
LINKS
TO THIRD PARTY SITES
This Web site may contain links to web sites controlled by
persons other than Affinigent. Affinigent is not responsible
for and does not endorse or accept any responsibility for
the contents or use of these third party web sites or any
transactions completed through such sites. It is your responsibility
to take precautions to ensure that whatever materials you
select for your use are appropriate for your purposes and
are free of viruses or other items of a destructive nature.
SOFTWARE
USE RESTRICTIONS
Any software
that may be made available to download from this Web Site
("Software") is the copyrighted work of Affinigent
and/or Third Party Providers. Use of the Software is governed
by this Agreement and the additional terms set forth in this
Section ("Software Use Restrictions"). For purposes
of this Agreement, the term "Software" includes
without limitation computer software and/or materials provided
with or incorporated into the Software, and any related materials
or documentation thereto. You agree to the Software Use Restrictions
by installing, copying, downloading, or using the Software.
The Software is made available for downloading solely for
use by end users in accordance with the provisions of this
Agreement, including without limitation the Software Use Restrictions.
Without limiting the foregoing, the copying or reproduction
of the Software to any other server or location for further
reproduction or redistribution is expressly prohibited. Any
reproduction or redistribution of the Software not in accordance
with this Agreement is expressly prohibited and may result
in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. Title and copyrights
in and to the Software, and any copies thereof, are owned
by and remain with Affinigent and/or its Third Party Providers.
The Software is protected by copyright laws, other intellectual
property laws, and international treaties. Unauthorized use
or copying of the Software or otherwise failing to comply
with the terms and conditions of this Agreement will result
in automatic termination of this license and will entitle
Affinigent and/or its suppliers to other legal remedies. Upon
termination of this Agreement for any reason whatsoever: (i)
you must immediately cease using the Software, (ii) all of
the rights granted to you hereunder shall immediately cease,
and (iii) you must promptly destroy or erase all copies (including
back-up copies) of the Software.
THE
SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN "AS IS"
BASIS AND AFFINIGENT AND THE THIRD PARTY PROVIDERS MAKE NO
WARRANTIES OF ANY KIND REGARDING THE SOFTWARE OR THE USE OR
PERFORMANCE THEREOF. AFFINIGENT AND THE THIRD PARTY PROVIDERS
HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES,
GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES,
GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AFFINIGENT
AND THIRD PARTY PROVIDERS DO NOT WARRANT THE PERFORMANCE OR
RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR THE ACCOMPANYING
DOCUMENTATION. AFFINIGENT AND THE THIRD PARTY PROVIDERS SHALL
HAVE NO LIABILITY FOR ANY YEAR-2000 RELATED ISSUES OR FOR
ANY VIRUSES RELATED TO THE SOFTWARE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, AFFINIGENT AND THE THIRD PARTY
PROVIDERS DO NOT WARRANT THAT (A) THE SOFTWARE WILL MEET YOUR
REQUIREMENTS; (B) THE SOFTWARE WILL OPERATE IN COMBINATION
WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA; (C) THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (D) ANY
PROGRAM ERRORS WILL BE CORRECTED; OR (E) SECURITY PROCEDURES
USED WILL PROTECT CONFIDENTIAL OR PRIVATE INFORMATION THAT
YOU PLACE ON THE SOFTWARE.
SUBMISSIONS
Except
where expressly provided otherwise by Affinigent, all comments,
feedback, information or materials submitted to Affinigent
through or in association with this Web Site ("Submissions")
shall be considered non-confidential and Affinigent's property.
By providing such Submissions to Affinigent, you assign to
Affinigent, at no charge, all worldwide rights, title and
interest in copyrights and other intellectual property rights
to the Submissions. You acknowledge that you are responsible
for the Submissions that you provide, and that you, not Affinigent,
have full responsibility for the Submissions, including their
legality, reliability, appropriateness, originality and copyright.
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PRIVACY
POLICY
You agree
to the Affinigent Privacy Policy set forth below (the "Privacy
Policy").
Affinigent has created this Privacy Policy in order to demonstrate
our commitment to privacy. Affinigent recognizes your need
for appropriate protection and management of personally identifiable
information that you share with Affinigent, which includes
any information by which you can be identified, such as name,
address, and telephone number. Affinigent has established
this privacy policy so that you can understand the care with
which we intend to treat the information that you provide
to the Web Site. Affinigent assures you that we will take
reasonable steps to see that this Privacy Policy is followed
within our company.
When you register with Affinigent, we collect certain information
about you, including your Internet address. We track the Internet
address of the domains from which users visit us and analyze
this data for trends and statistics. We also use your Internet
address to help diagnose problems with our server and to administer
our Web Site. Your Internet address is used to help identify
you and your purchases through Affinigent and to gather demographic
information.
Some of
the pages on the Web Site utilize "cookies" so that
we can better serve you with more tailored information when
you return to our site. Cookies are identifiers that a web
site can send to your browser to keep on your computer to
facilitate your next visit to our site. You can set your browser
to notify you when you are sent a cookie, giving you the chance
to decide whether or not to accept it. The information we
collect and analyze is used to improve our service to you.
We use cookies to deliver content specific to your interests,
to save your password so you don't have to re-enter it each
time you visit our site, and for other purposes. The Web Site's
registration form requires you to give us your contact information
(such as your name and Internet address, password, and ZIP
code). We use your contact information from the registration
form to send you information about Affinigent, the Web Site,
and promotional materials from Affinigent and others. Your
contact information is also used to contact you when necessary
and may be shared with other companies who may want to contact
our users. Affinigent provides users the opportunity to elect
not to receive e-mail updates regarding the Web Site. If you
do not want to receive these communications from us, please
indicate this when you are registering or send an e-mail to
webmaster@Affinigent.com
Certain
portions of the Web Site may prompt you to provide other personal
information in your user profile. You may choose not to provide
this information, but if you do so you may be unable to access
certain options, offers, and services on the Web Site. Affinigent
does not currently sell, trade, or rent any personal information
that identifies particular individuals to any third parties;
however, we may choose to do so in the future. Affinigent
may also use this information for Affinigent marketing purposes.
The user profile will provide you the option to elect not
to receive future mailings, or you may send an e-mail to advisors@Affinigent.com.
Also, Affinigent may provide aggregate statistics about our
customers, sales, traffic patterns, and related site information
to third parties, but these statistics will not include information
that identifies particular individuals.
Affinigent may, from time to time, ask demographic or personal
preference questions. You are never required to answer these
questions; however, the information that you provide may be
used for analyzing overall site demographics, user preferences
and tastes, and similar "getting to know our customers"
purposes. This information may also be disclosed to third
parties.
Affinigent may include certain functions that permit you to
enter personal information, such as contact information on
your customers or prospective customers. Affinigent will take
reasonable steps to attempt to protect the individual contact
information that you enter into the functions on Affinigent
from unauthorized access or disclosure. The Web Site has certain
security measures in place to protect against the loss, misuse
and alteration of the information under our control; however,
no security measure is foolproof.
THE SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN "AS
IS" BASIS AND AFFINIGENT AND THE THIRD PARTY PROVIDERS
MAKE NO WARRANTIES OF ANY KIND REGARDING THE SOFTWARE OR THE
USE OR PERFORMANCE THEREOF. AFFINIGENT AND THE THIRD PARTY
PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS,
WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
AFFINIGENT AND THIRD PARTY PROVIDERS DO NOT WARRANT THE PERFORMANCE
OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR THE ACCOMPANYING
DOCUMENTATION. AFFINIGENT AND THE THIRD PARTY PROVIDERS SHALL
HAVE NO LIABILITY FOR ANY YEAR-2000 RELATED ISSUES OR FOR
ANY VIRUSES RELATED TO THE SOFTWARE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, AFFINIGENT AND THE THIRD PARTY
PROVIDERS DO NOT WARRANT THAT (A) THE SOFTWARE WILL MEET YOUR
REQUIREMENTS; (B) THE SOFTWARE WILL OPERATE IN COMBINATION
WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA; (C) THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (D) ANY
PROGRAM ERRORS WILL BE CORRECTED; OR (E) SECURITY PROCEDURES
USED WILL PROTECT CONFIDENTIAL OR PRIVATE INFORMATION THAT
YOU PLACE ON THE SOFTWARE.
Affinigent
uses an online order form for you to order information, products,
and services through the Web Site. We collect financial information
(like your account or credit card numbers) when you complete
this online order form. Financial information that we collect
is used to bill you for the information, products, and services
that you order.
We may
use an outside advertising company to display ads on our site.
These ads may contain cookies. While we use cookies in other
parts of our Web Site, cookies received with banner ads may
be collected by ad companies, and we may not have access to
this information or be able to control its distribution.
The Web Site may make chat rooms, forums, message boards,
and/or news groups ("Forums") available for you
to use. Please remember that any information that is disclosed
in these areas becomes public information and you should exercise
caution when deciding to disclose your personal information.
Affinigent is not responsible in any manner, and shall not
be liable for, any materials, statements or information that
may be presented, posted or broadcast in any Forums and Affinigent
shall have no duty or obligation to review, edit, remove,
correct or comment on any such materials, statements or information.
If you present, post or broadcast any materials, statements
or information in any Forum, you agree to indemnify and hold
harmless Affinigent, and its officers, directors, employees
and representatives from and against any claim, cost or demand
(including, without limitation, reasonable attorneys' fees)
arising therefrom.
The Web Site may contain links to other sites. Affinigent
is not responsible for the privacy practices or the content
of such web sites, notwithstanding the inclusion on such site
of the trademarks of Affinigent.
You may update information previously provided to Affinigent
by sending an email to webmaster@Affinigent.com.
This Privacy
Policy is a part of the agreement between you and Affinigent.
Your use of the Web indicates your agreement to the terms
of this Privacy Policy. You agree that the Electronic Communications
Privacy Act (the "ECPA") shall not apply to any
communications with Affinigent. Affinigent has the right to
revise this Agreement, including this Privacy Policy, at any
time without notice by notice of the revisions posted to the
Web Site. If you have any questions about this Agreement or
this Privacy Policy, the practices of this Web Site, or your
dealings with this Web Site, please contact webmaster@Affinigent.com.
PERSONAL
WEB SITE
Affinigent
may offer a Personal Web Site that you may purchase from Affinigent.
Affinigent may host this site for you and provide a web address
for you. You are responsible for all content, images, links
and text (collectively "content") displayed on pages
within your Personal Web Site, including content provided
by you or by any person that you give editing rights to. However,
Affinigent reserves its sole right to remove or modify your
content if, in the sole opinion, Affinigent believes it may
create liability for Affinigent or is inappropriate in any
respect.
The content distributed through your Personal Web Site: (a)
shall not infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity
or privacy; (b) shall not violate any law, statute, ordinance
or regulation (including without limitation the laws and regulations
governing export control, unfair competition, antidiscrimination
or false advertising); (c) shall not be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing;
(d) shall not be obscene or contain pornography; and (e) shall
not contain any viruses, trojan horses, worms, time bombs,
cancelbots or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information.
FEES
You agree
to pay all fees due by reason of your use, reproduction, downloading,
or display of Materials on the Web Site. Fees do not include
tax and, where applicable, you agree to pay any sales, use,
property, value-added, withholding or other taxes that may
be assessed in connection with such fees. All fees incurred
in connection with the Web Site are non-refundable. If (i)
you have paid fees associated with the Web Site and you believe
that you did not receive the Materials and/or services that
you ordered or (ii) you would like to cancel a subscription,
please contact the individual listed in "Contact Information"
below.
Affinigent
may terminate the offering of the Web Site and any or all
Personal Web Sites at its sole discretion. Following termination,
we may remove some or all of your Submissions from the Web
Site or some or all of your Content from any or all Personal
Web Sites. If Affinigent terminates the Web Site or Personal
Web Sites, you are entitled to a refund of any unused monthly
maintenance fees on a prorata basis. You may request that
the Content of your Personal Web Site be provided to you in
electronic form, at your expense.
DISCLAIMER
THE
MATERIALS ON THE WEB SITE, INCLUDING BUT NOT LIMITED TO SOFTWARE,
ARE PROVIDED STRICTLY ON AN "AS IS" BASIS. AFFINIGENT
AND THE THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS
OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING
WHETHER THE MATERIALS ARE ACCURATE OR SUFFICIENT FOR YOUR
PURPOSES. AFFINIGENT AND THE THIRD PARTY PROVIDERS DO NOT
MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS
AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS
OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION
OF LIABILITY
AFFINIGENT
AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY
DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING,
COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS, INCLUDING
BUT NOT LIMITED TO SOFTWARE. IN NO EVENT SHALL AFFINIGENT
OR THE THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT
NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA
OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, INCLUDING WITHOUT
LIMITATION WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE WEB SITE, EVEN IF AFFINIGENT HAS BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY
FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT
USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE
A CLAIM AGAINST AFFINIGENT FOR LOST DATA, RE-RUN TIME, INACCURATE
OUTPUT, WORK DELAYS, LOST PROFITS, OR LOST OPPORTUNITIES RESULTING
FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD AFFINIGENT
AND THE THIRD PARTY PROVIDERS HARMLESS FROM, AND YOU COVENANT
NOT TO SUE AFFINIGENT OR THE THIRD PARTY PROVIDERS FOR ANY
CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
LOCAL
LAWS; EXPORT CONTROL
Affinigent
controls and operates this Web Site from its headquarters
in various locations in the United States of America and makes
no representation that these Materials are appropriate or
available for use in other locations. If you use this Web
Site from other locations, you are responsible for compliance
with applicable local laws including but not limited to the
export and import regulations of other countries. Unless otherwise
explicitly stated, all marketing or promotional materials
found on this Web Site are solely directed to individuals,
companies or other entities located in the United States of
America. You acknowledge and agree that Materials are subject
to the U.S. Export Administration Laws and Regulations. Diversion
of such Materials contrary to U.S. law is prohibited. You
agree that none of the Materials, nor any direct product therefrom,
is being or will be acquired for, shipped, transferred, or
re-exported, directly or indirectly, to proscribed or embargoed
countries or their nationals, nor be used for nuclear activities,
chemical biological weapons, or missile projects unless authorized
by the U.S. Government. Proscribed countries are set forth
in the U.S. Export Administration Regulations. Countries subject
to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea,
Syria, and the Sudan. This list is subject to change without
further notice from Affinigent, and you must comply with the
list as it exists in fact. You certify that you are not on
the U.S. Department of Commerce's Denied Persons List or affiliated
lists or on the U.S. Department of Treasury's Specially Designated
Nationals List. You agree to comply strictly with all U.S.
export laws and assume sole responsibility for obtaining licenses
to export or re-export as may be required.
GENERAL
This Web
Site may include inaccuracies or typographical errors. Affinigent
and the Third Party Providers may make changes in the products,
services, Software, and prices described in this Web Site
at any time without notice. Affinigent may periodically make
changes to the Web Site. Any action related to this Agreement
will be governed by Pennsylvania law and controlling U.S.
federal law. No choice of law rules of any jurisdiction will
apply. This Agreement represents the entire understanding
relating to the use of the Web Site and prevails over any
prior or contemporaneous, conflicting or additional, communications,
including but not limited to statements on the Web Site. Affinigent
has the right to revise this Agreement at any time without
notice by updates posted to the Web Site. Any rights not expressly
granted herein are reserved by Affinigent.
INTELLECTUAL
PROPERTY NOTICES
Elements
of the Web Site are protected by trademark and other laws
and may not be copied or imitated in whole or in part. No
logo, graphic, sound or image from the Web Site may be copied
or retransmitted unless expressly permitted by Affinigent.
Affinigent,
the Affinigent logo, and/or other Affinigent products or services
referenced herein are trademarks of Affinigent, Inc., and
may be registered in certain jurisdictions. All other product
names, company names, marks, logos, and symbols may be the
trademarks of their respective owners.
Copyright
© 2000 Affinigent, Inc., 4 Kent Road, Suite 200, York,
PA 17402. All rights reserved.
If you
have any questions about this Agreement, or if you would like
to cancel your subscription or request a refund for Materials
that were not delivered in accordance with the accompanying
terms, please contact Affinigent Customer Support at (717)
600 0033, (717)600 2341 (fax) or customerservice@affinigent.com
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