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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 "AMERICANDIRECTFUNDING.COM" (THE "WEB SITE"). BY
REGISTERING AS A USER OF AMERICANDIRECTFUNDING.COM 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.
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 info@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
info@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 info@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 info@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
info@affinigent.com
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