1. Acceptance of Agreement.
You agree to the terms and conditions
outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the
"Site"). 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, products or services provided
by or through the Site, and the subject matter of this Agreement. This Agreement
may be amended at any time by us from time to time without specific notice to you.
The latest Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
2. Copyright.
The content, organization, graphics,
design, compilation, magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part of the
Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials. Some of the content on the
site is the copyrighted work of third parties.
3. Service Marks.
"Carey and Associates",
"AdverTran" and others are our service marks or registered service
marks or trademarks. Other product and company names mentioned on the Site may be
trademarks of their respective owners.
4. 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, personal, business purposes; and
(c) to print out discrete information from the Site solely for internal, personal,
business purposes and provided that you maintain all copyright and other policies
contained therein.
No print out or electronic version of any part of the Site or its contents may be
used by you in any litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use
of the Site and any information, materials or documents (collectively defined as
“Content and Materials”) therein are subject to the following restrictions and prohibitions
on use: You may not
(a) copy, print (except for the express limited purpose permitted by Section 4 above),
republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make
available in any form or by any means all or any portion of the Site or any Content
and Materials retrieved from it;
(b) use the Site or any materials obtained from the Site to develop, of as a component
of, any information, storage and retrieval system, database, information base, or
similar resource (in any media now existing or hereafter developed), that is offered
for commercial distribution of any kind, including through sale, license, lease,
rental, subscription, or any other commercial distribution mechanism;
(c) create compilations or derivative works of any Content and Materials from the
Site;
(d) use any Content and Materials from the Site in any manner that may infringe
any copyright, intellectual property right, proprietary right, or property 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) make any portion of the Site available through any timesharing system, service
bureau, the Internet or any other technology now existing or developed in the future;
(g) remove, decompile, disassemble or reverse engineer any Site software or use
any network monitoring or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information from the Site;
(i) use the Site for the purpose of gathering information for or transmitting (1)
unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and (3) unsolicited telephone
calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or federal law regulating email,
facsimile transmissions or telephone solicitations; and
(k) 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.
6. Disclaimer of Liability and Warranties
While Carey and Associates does
its best to ensure the optimal performance of the Site, you agree that you use this
Site and rely on material contained in this Site at your own risk.
The Site, and all materials in
this Site, are provided "as is" and, to the fullest extent permitted by law, are
provided without warranties of any kind either express or implied. This means, without
limitation, that Carey and Associates DOES NOT WARRANT that the Site is fit for
any particular purpose; that the functions contained in the materials in the Site
will be uninterrupted; that defects will be corrected; that the Site is free of
viruses and other harmful components or that the Site is accurate, error free or
reliable.
You acknowledge that Carey and
Associates , its parents and affiliates together with their respective employees,
agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies,
failures, errors, omissions, interruptions, deletions, defects, viruses, communication
line failures or for the theft, destruction, damage or unauthorized access to your
computer system or network. You acknowledge that Carey and Associates is not liable
for any defamatory, offensive or illegal conduct or material found in connection
with this Site, including such conduct or material transmitted by any means by any
other person. You acknowledge that Carey and Associates is not liable for
any damages, including, without limitation, direct, incidental, special, consequential
or punitive damages, in connection with or arising from your use or from your inability
to use the Site.
THE AGGREGATE LIABILITY OF US AND
THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO
THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN
OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
7. 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.
8. Advertisers.
The Site may contain advertising
and sponsorships. Advertisers and sponsors are responsible for ensuring that material
submitted for inclusion on the Site is accurate and complies with applicable laws.
We are not responsible for the illegality or any error, inaccuracy or problem in
the advertiser’s or sponsor’s materials.
9. 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 such persons or entities relating to
your email addresses, usage history, posted materials, IP addresses and traffic
information.
10. Indemnification.
You agree to indemnify, defend
and hold us and our partners, agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information and documents, advertisers,
product and service providers, and affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense related to your violation of
this Agreement or use of the Site.
11. Nontransferable.
Your right to use the Site is not
transferable or assignable. Any password or right given to you to obtain information
or documents is not transferable or assignable.
12. Use of Information.
We reserve the right, and you authorize
us, to the use and assignment of all information regarding Site uses by you and
all information provided by you in any manner consistent with our Privacy Policy.
All remarks, suggestions, ideas, graphics, or other information communicated by
you to us (collectively, a "Submission") will forever be our property. We will not
be required to treat any Submission as confidential, and will not be liable for
any ideas (including without limitation, product, service or advertising ideas)
and will not incur any liability as a result of any similarities that may appear
in our future products, services or operations. Without limitation, we will have
exclusive ownership of all present and future existing rights to the Submission
of every kind and nature everywhere. We will be entitled to use the Submission for
any commercial or other purpose whatsoever, without compensation to you or any other
person sending the Submission. You acknowledge that you are responsible for whatever
material you submit, and you, not us, have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and copyright.
13. Emploment Opportunities.
We may, from time to time, post
employment opportunities on the Site and/or invite users to submit resumes to it.
If you choose to submit your name, contact information, resume and/or other personal
information to Carey and Associates in response to employment listings, you are
authorizing us to utilize this information for all lawful and legitimate hiring
and employment purposes. Carey and Associates also reserves the right, at its sole
discretion, to forward the information you submit to its parents, subsidiaries and
affiliates for legitimate business purposes. Nothing in this Agreement or contained
in the Site shall constitute a promise by Carey and Associates to interview, hire
or employ any individual who submits information to it, nor shall anything in this
Agreement or contained in the Site constitute a promise that Carey and Associates
will review any or all of the information submitted to it by users.
14. Privacy Policy.
Our Privacy Policy, as it may change
from time to time, is a part of this Agreement.You must review this Privacy Policy
by clicking on this link.
15. 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 such Web sites, and such Web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you do so at your own risk.
16. 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.
17. Legal Compliance.
You agree to comply with all applicable
domestic and international laws, statutes, ordinances and regulations regarding
your use of the Site and the Content and Materials provided therein.
18. Miscellaneous.
This Agreement shall be treated
as though it were executed and performed in Nampa, Idaho, and shall be governed
by and construed in accordance with the laws of the State of Idaho (without regard
to conflict of law principles). Any cause of action by you with respect to the Site
(and/or any information, Documents, products or services related thereto) must be
instituted within one (1) year after the cause of action arose or be forever waived
and barred. The language in this Agreement shall be interpreted as to 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 shall
not apply in interpreting this Agreement. This Agreement and 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 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 shall not be deemed a waiver of such provision nor
of the right to enforce such 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.