1.
RIGHTS, RESPONSIBILITIES. Loginetics grants you a non-transferable,
non-exclusive license to access this web site and to view and download
information contained at this web site (collectively, the
"Site"), solely for your own personal, non-commercial use,
subject to your ongoing compliance with all terms of this Agreement. You
agree to be responsible for all access of this Site by your equipment or
account, whether by you or others. You are also solely responsible for
providing and maintaining all equipment, software and services needed to
access and use the Site. You agree not to use the Site for any unlawful
purpose. You agree not to rent, retransmit, disclose, publish, sell,
assign, lease, sublicense, market, or transfer the Site or use it in any
manner not expressly authorized by this Agreement. You agree not to copy,
reverse engineer, translate, port, modify or make derivative works of the
Site. You agree not to use the Site to operate a service bureau or for any
other use involving the processing of data of other persons or entities.
You do not receive any, and Loginetics retains all, ownership rights in the
Site.
2.
EXCLUSION OF WARRANTY, LIABILITY. The Site is provided to you on an "AS
IS" and "WITH ALL FAULTS" basis. You assume the entire risk
of loss in using the Site. The Site may contain inaccuracies, omissions,
errors or other defects. Loginetics and its suppliers do not warrant that
the Site will meet your needs or expectations, that the Site will be error
free or uninterrupted, that errors can or will be corrected, that the Site
is reliable or timely, or that any information on the Site will provide any
particular results or usefulness. Loginetics and its suppliers reserve the
right to make changes and improvements to, or discontinue, the Site or any
part thereof. Further, Loginetics does not represent that the Site is
appropriate or authorized for use in all countries, states, counties or
other jurisdictions; accordingly, you are responsible for compliance with
all applicable laws in accessing the Site.
LOGINETICS
AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS OR
IMPLIED, AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED
AND DISCLAIMED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,
TITLE, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT
SHALL LOGINETICS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS
INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL,
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST
PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS,
LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST, DAMAGED OR
MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS, INTERRUPTIONS, OR
COMPUTER VIRUSES), IRRESPECTIVE OF WHETHER LOGINETICS OR ITS SUPPLIERS HAVE
BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH
DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE
INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY,
DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER
TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSION OR
LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON
WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT
LOGINETICS AND ITS SUPPLIERS' LIABILITY SHALL NOT EXCEED $1 U.S. Some
states do not allow the exclusion or limitation of incidental or consequential
damages or the limitation of duration of an implied warranty, so the
limitation or exclusion herein may not apply to you. This warranty shall
not be applicable to the extent that any provision of this warranty is
prohibited by any federal law, or by any state or local law which cannot be
preempted. This warranty gives you specific legal rights, and you may also
have other rights which vary from state to state.
3.
SUBMITTED INFORMATION. You agree not to submit to the Site any information
that infringes upon or violates the privacy, rights, trademarks, copyrights
or other intellectual property rights of others, anything that is illegal,
defamatory, obscene, harassing, offensive, objectionable or sexually
explicit, that encourages a violation of the law, that contains a virus,
that is off-topic, or, without Loginetics permission, that contains any
solicitation or advertising. You agree to indemnify and hold harmless
Loginetics from any damages and costs, including without limitation court
costs and attorneys' fees, arising from your use of the Site. By submitting
information to the Site, you grant Loginetics the royalty-free, perpetual,
irrevocable, non-exclusive right to use, edit, copy, modify, adapt,
combine, incorporate, publish, publicly perform, translate and distribute
all or part thereof in any form and for any purpose whatsoever, and you
also permit other users of the Site to use that information subject to the
rules of the Site. Loginetics shall have the right, but not be obligated
to, monitor the Site to determine users' compliance with this Agreement and
applicable laws. Loginetics shall have the right in its sole discretion to
not publish or remove any submitted information.
4. THIRD
PARTY INFORMATION. The Site may contain information submitted by third
parties, including without limitation users and suppliers, and may also
contain links to third party sites. Those third parties are solely
responsible for the content, accuracy and originality of the information
they submit. Loginetics has no more control over such third party content
than does a public library, newsstand, or bookstore, and Loginetics is not
responsible for such third party content. Loginetics does not evaluate or
endorse any third party information. It is your responsibility to evaluate
all information provided on the Site, or to obtain specific professional
advice.
5.
COPYRIGHT, TRADEMARKS. This Site compilation and all portions authored by
Loginetics are Copyright © 1999 Loginetics, Inc., Knoxville, Tennessee. All
rights reserved. Portions of the Site authored by third parties who
have licensed their material to Loginetics are owned by those respective
third parties. You agree not to alter or remove any copyright notice or
proprietary legend at Site.
Various
products or names on this site may be the trademarks of their respective
owners.
6.
MISCELLANEOUS.
This is the exclusive and entire Agreement between Loginetics and you
regarding its subject matter. You may not assign any part of this Agreement
without Loginetics' prior written consent. This Agreement shall be governed
by the internal laws of Tennessee without reference to choice of law
principles. Loginetics may terminate or restrict your use of the Site at
any time without notice if Loginetics believes you have not fully complied
with this Agreement. Further, either party may terminate this Agreement at
any time without cause; upon termination for any reason, your obligations
under this Agreement shall continue, except that you agree to no longer access
or use the Site. You consent to exclusive jurisdiction and venue in the
courts of Knox County, Tennessee for all matters arising out of or related
to this Agreement or the Site. You understand that Loginetics may comply
with law enforcement requests or subpoenas regarding your use of the Site.
Loginetics reserves the right to modify the terms of this Agreement at any
time by posting the new terms on the Site, which modifications shall take
place immediately. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any prior or subsequent breach
or default. If any provision of this Agreement is declared invalid or
unenforceable, the remaining provisions of this Agreement shall remain in
effect and the invalid or unenforceable provision shall be replaced by a
valid, enforceable provision that effectuates the intent of the original
provision. Loginetics' suppliers, licensors, affiliates, subsidiaries,
employees and agents shall be third party beneficiaries of Loginetics's
rights under this Agreement. All rights not granted expressly by this
Agreement are reserved.
7. SPECIAL
PROVISIONS FROM LICENSORS. All information provided by third party
licensors falls under Section 2 guidelines above and by using those
services you agree to the clauses as found in Section 2. Where warranties
differ, a separate disclaimer/license will appear on the third party
licensor supplied pages. Use of those pages constitutes acceptance of both
the Section 2 license above and the third party licensor's
disclaimer/license.
8. PRIVACY
POLICY.
Loginetics understands that the protection and security of your account
information, and any other information that is personally identifiable, is
of utmost importance. Personally identifying information from users is
collected only when the user fills out the registration form, or in other
site locations when users knowingly submit such information to Loginetics
(for example, when purchasing goods or services). When you obtain
services or purchase goods from the Site, the information you submit may be
provided to a third party supplier in order to successfully provide you
with the services or goods you have ordered.
We may
disclose to third parties certain aggregate information contained in your
registration data or related data, provided that, such information will not
include personally identifying information, except as specifically
authorized by you or in the good faith belief that such action is
reasonably necessary to comply with the law, legal process, or to enforce
the Agreement.
Loginetics
may send you emails regarding special offers available or other useful
information. If you do not wish to receive these emails, you may send us an
email asking not to receive emails.
As do most
major web sites, this Site may use cookies. Cookies are information from
the Site that is stored on your hard drive. Cookies save you time because
you do not need to manually reenter the information stored on your hard
drive. Cookies also help Loginetics upgrade the Site by showing when and
how users utilize the Site.
Cookies do
not by themselves contain any personally identifying information, but may
be combined by Loginetics with other personally identifying information
already submitted. Some third parties on the Site (such as advertisers) may
send cookies to your hard drive, and such third party cookies are subject
to the policies of those third parties.
Your web
browser in its default mode probably accepts cookies from this Site and all
others. If you wish, you can usually change the setting so that cookies are
not accepted by your browser. However, the Site may not function correctly.