(as of April 1, 2004)
PLEASE READ
THESE TERMS OF USE CAREFULLY BEFORE USING THIS
SITE.
By using the US
Internet Industry Association (USIIA) Web site,
you acknowledge and
confirm your consent to these terms and
conditions of use. If you do not agree to these
terms and conditions of use you must not use
this Web site.
The USIIA Web
site (hereinafter "Web site") is owned and
operated by USIIA. We at USIIA
welcome you to browse the Web site, with the
understanding that your access to, and use
of, the Web site is subject to the specific
terms and conditions set forth herein and all
applicable Federal, State and Local laws and
regulations. By accessing and browsing the
Web site, you accept, without limitation or
qualification, all of the terms and conditions
set forth herein.
If you are using
the Web site within a company, you represent and
warrant that you are
authorized to enter into this agreement on
behalf of the company and you acknowledge
that the rights to use the Web site which are
granted to you and the company under this
agreement are expressly conditioned upon
acceptance by such authorized personnel of
the company. USIIA retains the unconditional
right to at any time and for any reason modify,
delete or add to these terms and conditions of
use, effective immediately upon notice
thereof, which may be given by any means,
including but not limited to, posting on the
Web site a revised version of these terms and
conditions of use. If any such change is
unacceptable to you, you must immediately
discontinue your use of the Web site. You
further agree to periodically review the terms
and conditions that are set forth herein to be
aware of any such additions or revisions. Your
use of the Web site may also be subject to
additional or different terms or conditions
imposed by third party content providers in
onnection with third party content, products or
services accessible through the Web site.
RESTRICTIONS
ON USE OF MATERIALS
This Web site
contains material that is protected, nationally
and internationally, by
applicable copyright and trademark laws. No
material may be copied, reproduced,
republished, uploaded, downloaded, posted,
transmitted, or distributed in any way or
decompiled, except that you may download one
copy only of such material on any single
computer for your personal or commercial use,
provided you keep intact any and all
copyright and other proprietary notices.
Modification of the materials in any is strictly
prohibited. The use of any such materials on any
other Web site or networked computer
environment is strictly prohibited without the
express written consent of an authorized
representative of USIIA. If you download any
copyrighted or trademarked information,
data or images, these materials are licensed to
you by USIIA or by the applicable third
party developer on a limited, non-exclusive
basis. Neither they nor USIIA transfer any title
or ownership interest in the materials to you.
You own the medium on which the Software
is recorded, but the third party or USIIA retain
full and complete title and ownership to the
intellectual property rights therein. You may
not re-sell or distribute the material in any
form
or manner.
JURISDICTIONAL
ISSUES
Unless otherwise
specified herein, the materials on the Web site
are presented solely for
promotion and use in the United States, its
territories, possessions and protectorates.
USIIA controls and operates this Web site from
1700 Diagonal Road, Suite 500, Alexandria,
VA 22314 and makes no representations that the
materials, products, services, information,
data and images on the Web site are appropriate
or available for use in other locations or
jurisdictions. Individuals or entities choosing
to access this Web site from other locations
do so on their own initiative and are solely
responsible for compliance with all Federal,
State,
and Local laws, if and to the extent these laws
are applicable.
DISCLAIMER
Your use and
browsing of the Web site is entirely at your own
risk. If you are dissatisfied
with any of the products, services, materials or
information contained or identified on the
Web site, your sole and exclusive remedy with
respect to USIIA, its officers, directors,
employees, authorized representatives,
subsidiaries, chapters, affiliates and assign is
to immediately discontinue accessing and using
the Web site.
To the fullest
extent permissible pursuant to applicable
federal, state or local law, USIIA,
its officers, directors, employees, authorized
representatives, subsidiaries, chapters,
affiliates and assigns and/or any other party
involved in creating, producing, delivering or
modifying the Web site are not liable for any
direct, incidental, consequential, indirect,
or punitive damages arising out of your access
to, or use of, the Web site or for your
purchase or use of any third party products or
services offered herein. Without limiting the
foregoing, everything on the Web site is offered
and provided to you "as is" without warranty,
representation or condition of any kind, either
expressed or implied, including, but limited to,
the implied warranties and conditions of
merchantability, fitness for a particular
purpose, or
non-infringement. USIIA, its officers,
directors, employees, authorized
representatives,
subsidiaries, chapters, affiliates and assigns
assume no responsibility, and shall not be
liable for any damages to, or viruses or other
harmful components that may infect, your
computer equipment or other property on account
of your access to, use of, or browsing
in the Web site or the server that makes it
available, or your downloading of any materials,
information or data from the Web site.
USIIA is making
available for your review and examination on the
Web site materials,
information, products and content supplied by
third parties. Any opinions, advice,
statements, services, offers or other
information or content expressed or made
available
by third parties are those of the respective
authors or distributors and not of USIIA, its
officers, directors, employees, authorized
representatives, subsidiaries, chapters,
affiliates and assigns. Without restricting any
of the foregoing limitations, conditions
or disclaimers, neither USIIA nor any third
party provider of information or products
guarantees the accuracy, completeness, or
usefulness of any materials, information,
products, services or content provided on or
through the Web site. USIIA reserves the
right to at any time, without condition or
restriction, change or discontinue any aspect
or feature of the Web site, including without
limitation content, hours of availability, and
equipment required for access or use.
THIRD PARTY
SITES
This Web site
contains links and pointers to Internet Web
sites maintained by third parties
("third party sites"). USIIA has not reviewed
all of the third party Web sites that may be
linked to this Web site nor has USIIA used all
of the products or services offered by third
parties on this or any other linked Web site.
USIIA, its officers, directors, employees,
authorized representatives, subsidiaries,
chapters, affiliates and assigns are not
responsible or liable for the contents of or use
of any products or services offered on this
or any other third party Web site and make no
representations or warranties of any kind
regarding the same.
LIMITATION OF
LIABILITY
In no event shall
USIIA, its officers, directors, employees,
subsidiaries, chapters, affiliates
and assigns or its licensors, suppliers or any
other party involved in the creation, production
or delivery of the Web site be liable for any
incidental, consequential, indirect, reliance,
special or punitive damages arising out of or
relating to your access to, or use of, or
inability
to use the Web site or the materials contained
within the Web site, or this agreement,
including without limitation damages for harm to
business, lost profits, lost savings or
lost revenues, however such damages are caused,
and whether based in contract, tort
(including negligence) or any other theory of
liability. The foregoing limitations shall apply
whether or not USIIA, its affiliates, chapters,
subsidiaries, assigns, licensors, suppliers or
any other party involved in the creation,
production, maintenance or delivery of the Web
site have been advised of the possibility of
such damages.
USIIA, its
officers, directors, employees, authorized
representatives, affiliates, chapters,
subsidiaries, assigns, licensors, suppliers and
all other parties involved with the creation,
production or delivery of the Web site further
shall not be responsible for any damage
resulting from unauthorized access by third
parties to other parties transmission facilities
or premises, equipment or for unauthorized
access to or alteration, theft, loss or
destruction
of network systems, applications, data files,
programs, procedures or information through
accident, fraudulent means or devices or any
other method unless such damage is caused
by an intentional act of USIIA, its officers,
directors, employees, authorized
representatives, affiliates, chapters,
subsidiaries, assigns, licensors, suppliers or
third parties involved with
the creation, production or delivery of the Web
site. The limitations of liability set forth
herein shall apply even if USIIA, its officers,
directors, employees, authorized
representatives,
affiliates, chapters, subsidiaries and assigns
have been advised of the possibility of such
damages.
Applicable
Federal, State or Local law may not allow the
limitation or exclusion of liability
or incidental or consequential damages, so the
above limitation or exclusion may not apply
to you. However, in no event shall USIIA's total
liability to you, if any, for all claims,
damages, injuries, losses, and causes of action,
whether in contract, tort (including
without limitation negligence), or otherwise,
exceed the amount paid by you, if any, for
accessing this Web site.
In the event that
you transmit, introduce, or otherwise cause any
technical disruption of this
USIIA Web site or the services transmitting the
USIIA Web site to you, you agree to be
responsible for any and all liabilities and
costs (including reasonable attorneys' fees)
arising from any and all claims brought by third
parties based upon such technical
disruptions. For purposes of this agreement,
"technical disruption" means distribution
of unsolicited advertising or chain letters,
propagation of computer worms, viruses or other
harmful code, and/or using the Web site to make
unauthorized entry to any other machine
accessible via the Web site. Furthermore, you
are solely responsible for the content of
any transmissions using the Web site and agree
not to upload, post or otherwise make
available on the Web site any material protected
by a proprietary right of a third party
without first obtaining the express written
permission of the owner of such proprietary
right. You shall be solely and completely liable
for any damages, losses, costs or
expenses (including reasonable attorneys' fees)
arising out of any claim of infringement
or violation of proprietary rights or any other
harm arising from the uploading, posting or
other submission of materials by you.
MISCELLANEOUS
This document
entitled terms and conditions of use of the
USIIA Web site shall be
governed by and construed in accordance with the
laws of the Commonwealth of
VIRGINIA, without giving effect to any
principles of conflicts of law. If any provision
of
this agreement regarding terms and conditions of
use shall be held unlawful, void, or for
any reason unenforceable, then that provision
shall be deemed severable from this
greement and shall not affect the validity and
enforceability of any remaining provisions.
This is the entire agreement between the parties
relating to the subject matter herein
and shall not be modified except in writing,
signed by authorized representatives of both
parties.
IF YOU DO NOT
AGREE TO THE FOREGOING TERMS AND CONDITIONS OF
USE OR
ARE NOT AUTHORIZED TO ENTER INTO THESE TERMS
AND CONDITIONS, PLEASE
EXIT THE WEBSITE IMMEDIATELY.
If you have any
questions about this privacy statement, the
practices of this site, or your
dealings with this Web site, please contact the
following:
Director of
Member Service
US Internet Industry Association
info @ usiia.org