Terms of Use Agreement

Updated April 4, 2011

         Welcome to our Web site. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “AdverTran”, “Carey and Associates”, “CareyandAssociates.com”, “we”, “us” or “our” refers to Carey & Associates, Inc., the legal name of the owner of the Web site, and to (1) its employees, agents, directors, officers, and shareholders, (2) its parents and affiliates, and (3) their respective employees, agents, directors, officers, and shareholders. The term “you” refers to the user or viewer of our Web site.

1. Acceptance of Agreement.

         By using this Web site (the “Site”), you: (1) manifest that you agree to our Privacy Policy and this Terms of Use Agreement (“Agreement”); (2) affirm that you are legally competent to agree to and be bound by this Agreement; and (3) are in no event less than 13 years old. No part of this Site is directed at persons under 13 years old, and if you are under 13 years of age, please do not use or access this Site at any time or in any manner.

2. Privacy Policy.

         Our Privacy Policy, which may change at any time, is a part of this Agreement. You must review our Privacy Policy by clicking on this link.

3. Changes to Agreement.

         This Agreement may be amended at any time by us and on one or more occasion without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement every time you visit the Site. If you wish to be notified of changes to this Agreement, you must e-mail us at updates@careyandassociates.com, and you are responsible for notifying us of your new address by sending an e-mail to updates@careyandassociates.com. By choosing to not e-mail us at updates@careyandassociates.com, you manifest that you agree you are responsible for reviewing this Agreement every time you visit the Site. In all cases, by using the Site after any change to this Agreement, you manifest that you agree to the Agreement as revised—even if we fail to send you an e-mail notification.

4. Ownership of Content.

         We own or license the copyright, trademark, and other proprietary rights in all content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site, except User Submissions (as defined below) (collectively, and excluding User Submissions, the “Content”). In particular, “Carey and Associates”and “AdverTran” are our service marks or registered service marks or trademarks. We do not waive our rights in the Content when we post it on the Site, and you do not acquire ownership rights to any Content by using the Site. The copying, redistribution, use or publication by you of any Content or any part of the Site, except as allowed by Section 7 below, is strictly prohibited.

5. User Submissions.

         This Site may now or in the future allow you to submit photographs, videos, or other information (“User Submissions”) for hosting and distribution through the Site. You are solely responsible for your User Submissions. By submitting a User Submission to the Site, you represent: (1) that you have the necessary licenses or rights to permit the User Submission to be hosted and distributed through the site; (2) that you have the written consent of each identifiable person in the User Submission to use that person’s name or likeness in the manner contemplated by the Site; (3) that the content of the User Submission is not false, libelous, defamatory, threatening, harassing, hateful, sexually explicit, racially or ethnically offensive, or unlawful; and (4) that the User Submission does not infringe on any person’s proprietary rights.
You retain ownership of all User Submissions, but by submitting them to the Site, you grant us a non-exclusive license to use your User Submissions in the manner contemplated by the Site. We do not endorse the content of any User Submission, and we disclaim any liability for User Submissions.


         If you are a copyright owner or agent for a copyright owner and you believe that any Content or User Submission infringes on your copyrights, you may submit a written notification to our Copyright Agent in accordance with the Digital Millennium Copyright Act (“DMCA”) . To be effective, your notice to our Copyright Agent must:

  • be signed, either physically or electronically, by a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identify the copyrighted work you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, contain a representative list of such works at that site;
  • identify the material that you claimed is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and contain information reasonably sufficient to permit us to locate the material;
  • contain information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • state that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • state (1) that the information in the notification is accurate, and (2) that under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

         Our designated Copyright Agent to receive notifications of claimed infringement is: [TODO: insert physical or mailing address of DMCA Designated Agent and remove BOLD]; e-mail: [TODO: insert e-mail address of DMCA Designated Agent and remove BOLD]. See also: http://www.copyright.gov/onlinesp/list/index.html. For more information on the DMCA notification procedure, see 17 U.S.C. § 512(c)(3).

7. Limited License; Permitted Uses.

         You are granted a non-exclusive, non-transferable, revocable license

(a) to access and use the Site strictly in accordance with this Agreement;
(b) to use the Site solely for internal business purposes; and
(c) to print out discrete information from the Site solely for internal business purposes, provided that you respect all copyright and other proprietary rights in whatever you print.

8. Restrictions and Prohibitions on Use.

         Your license for access and use of the Site and the Content is subject to the following additional restrictions: you may not

(a) copy, print (except for the limited purpose permitted by Section 7 above), republish, or otherwise make available in any form or by any means all or any portion of the Site or any of the Content;
(b) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage, and retrieval system, database, information base, or similar resource;
(c) create compilations or derivative works of any Content;
(d) use any Content in any manner that may infringe any copyright, intellectual property right, or other proprietary right of us or any third parties;
(e) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Site;
(f) remove, decompile, disassemble, or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;
(g) use any automatic or manual process to harvest information from the Site;
(h) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial e-mail; (2) e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions;
(i) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions, or telephone solicitations; and
(j) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

9. No Liability or Damages

         Although we do our best to ensure the optimal performance of the Site, you agree that you use this Site and rely on the Content at your own risk.

         WE ARE NOT LIABLE for (1) any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures, (2) the theft, destruction, damage or unauthorized access to your computer system or network, (3) any defamatory, offensive or illegal conduct or material found in connection with this Site, or (4) any damages related to your use or inability to use the Site.

10. Disclaimer of Site Warranties

         We provide the Site and the Content to you “as is,” without warranties of any kind, whether express or implied.

         WE DO NOT WARRANT: (1) that the Site or Content is fit for any particular purpose or merchantable; (2) that the Site and Content do not infringe on the proprietary rights of others; (3) that the functions contained in the materials in the Site will be uninterrupted; (4) that defects will be corrected; (5) that the Site is free of viruses and other harmful components; or (6) that the Site is accurate, error free, or reliable.

11. Limitation on Damages.

         You agree in all cases (1) that our aggregate liability to you in connection with any claim relating to the Site and Content and products provided through the Site is limited to $100.00, (2) that this amount shall be in lieu of all other remedies you might have against us, and (3) we have no liability to you for incidental, special, consequential, or punitive damages.

12. Linking to the Site.

         You may provide links to the Site, provided

(a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site,
(b) your site does not engage in illegal or pornographic activities, and
(c) you discontinue providing links to the Site immediately upon request by us.

13. No Liability for Third-Party Sales, Products, or Services.

         The Site may contain advertising and sponsorships, or postings for products and services for sale by third-parties. Advertisers, sponsors, and other third-parties are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not a party to, or in any way responsible for, monitoring transactions between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

         WE ARE NOT LIABLE for (1) any illegality, error, inaccuracy, or problem in the advertiser’s, sponsor’s, or other third-party’s materials, or (2) any failed barter or sales transaction between you and any advertiser, sponsor, or other third-party that is not consummated, regardless of whether our alleged liability arises under tort, contract, or any other legal theory.

         WE MAKE NO WARRANTIES regarding any products or services offered for sale on the Site by third parties, on any Web site linked to the Site, or featured in any banner or other advertising on the Site.

14. Unlawful Activity.

         We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to our investigation relating to your email addresses, usage history, posted materials, IP addresses, and traffic information.

15. Indemnification.

         You agree to indemnify and defend us and our partners, subcontractors, successors, assigns, third-party suppliers of information and documents, advertisers, and product and service providers against any liability, loss, claim, and expense related to your violation of this Agreement or use of the Site.

16. Nontransferable.

         Your right to use the Site is not transferable or assignable, but it may be assigned or transferred by us without restriction. Any password or right given to you to obtain information or documents is not transferable or assignable by you, but may be assigned or transferred by us without restriction.

17. Use of Information.

         We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

18. Unsolicited Idea Submission Policy

         Please do not send us unsolicited ideas, such as your ideas for advertising campaigns, promotions, products, product improvements, processes, materials, marketing plans, or product names. We do not accept or consider unsolicited ideas. This policy is intended to avoid misunderstandings or disputes when our products, services, or marketing strategies seem similar to unsolicited ideas that were submitted to us.

         If, despite our request that you not send us your ideas, you still send them, then regardless of what your submission states, the following terms apply to your submission: (1) you agree that your ideas will automatically become our property, without compensation to you, (2) you agree that we can use your ideas for any purpose and in any way—even giving them to others, and (3) you represent and warrant to us that each idea you send us is legal, appropriate, original, and does not infringe on anyone’s patent, trademark, copyright, trade secret, or other proprietary rights.

19. Employment Opportunities.

         We may, from time to time, post employment opportunities on the Site or invite users to submit resumes to us through the Site. If you choose to submit your name, contact information, resume, or other personal information to Carey and Associates in response to employment listings, you are authorizing us to use this information for our hiring and employment purposes. We reserve the right, at our sole discretion, to share the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in this Agreement or in the Site constitutes a promise by us to interview or employ any person who submits information to us in response to an employment listing; nor does anything in this Agreement or in the Site constitute a promise that we will review any of the information submitted to us in response to an employment listing.

20. Links to other Web Sites.

         The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in other Web sites. We do not investigate, monitor, approve, or endorse other Web sites. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

         WE ARE NOT LIABLE for any damage caused to you by any other Web site linked to the Site.

21. Information and Press Releases.

         The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise should not be relied upon as being provided or endorsed by us.

22. Legal Compliance.

         You agree to comply with all domestic and international laws, statutes, ordinances and regulations relating to your use of the Site and the Content.

23. Miscellaneous.

         This Agreement is to be treated as though it were executed and performed in Nampa, Idaho, and is to be governed by and construed in accordance with the laws of the State of Idaho (without regard to conflict of law principles). We do not represent that the Site or Content is appropriate or available for use in other locations. If you access or use the Site from another jurisdiction, you assume responsibility for compliance with your local law. Any cause of action by you with relating to the Site or the Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the Content, and the subject matter of this Agreement. This Agreement is to be interpreted in accordance with its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party are not to apply to the interpretation of this Agreement. This Agreement, all incorporated agreements, and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this Agreement is held illegal, invalid, or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and enforceable provision that is as similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement is not to be deemed a waiver of the provision nor of the right to enforce the provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this Agreement.