Associated Manufacturers Representatives Web Site Agreement
The AMR Homepage Web Site (the
"Site") is an online information service provided by
Associated Manufacturers Representatives ("AMR Homepage "),
subject to your compliance with the terms and conditions set
forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. AMR Homepage
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF
THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND
YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED
YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the
Site are protected by international copyright and trademark
laws. The owner of the copyrights and trademarks are AMR
Homepage, its affiliates or other third party licensors. YOU
MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE
SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You
may print and download portions of material from the
different areas of the Site solely for your own
non-commercial use provided that you agree not to change or
delete any copyright or proprietary notices from the
materials. You agree to grant to AMR Homepage a
non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and
publicly perform any materials and other information
(including, without limitation, ideas contained therein for
new or improved products and services) you submit to any
public areas of the Site (such as bulletin boards, forums
and newsgroups) or by e-mail to AMR Homepage by all means
and in any media now known or hereafter developed. You also
grant to AMR Homepage the right to use your name in
connection with the submitted materials and other
information as well as in connection with all advertising,
marketing and promotional material related thereto. You
agree that you shall have no recourse against AMR Homepage
for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to AMR
Homepage.
TRADEMARKS.
Publications, products,
content or services referenced herein or on the Site are the
exclusive trademarks or servicemarks of AMR Homepage. Other
product and company names mentioned in the Site may be the
trademarks of their respective owners.
2. Use of the Site.
You understand that, except
for information, products or services clearly identified as
being supplied by AMR Homepage, AMR Homepagedoes not
operate, control or endorse any information, products or
services on the Internet in any way. Except for AMR
Homepage- identified information, products or services, all
information, products and services offered through the Site
or on the Internet generally are offered by third parties,
that are not affiliated with AMR Homepage a. You also
understand that AMR Homepage cannot and does not guarantee
or warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. AMR Homepage PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND AMR Homepage SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY
SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. AMR Homepage DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT
THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO
YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. AMR
Homepage HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL AMR Homepage BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,
OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF AMR Homepage OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, AMR Homepage LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
AMR Homepage makes no
representations whatsoever about any other web site which
you may access through this one or which may link to this
Site. When you access a non-AMR Homepage web site, please
understand that it is independent from AMR Homepage, and
that AMR Homepage has no control over the content on that
web site. In addition, a link to a AMR Homepage web site
does not mean that AMR Homepage endorses or accepts any
responsibility for the content, or the use, of such web
site.
3. Indemnification.
You agree to indemnify, defend
and hold harmless AMR Homepage, its officers, directors,
employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you
or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2
(Use of the Service), and 3 (Indemnification) are for the
benefit of AMR Homepage and its officers, directors,
employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these
individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own
behalf.
5.Term; Termination.
This Agreement may be
terminated by either party without notice at any time for
any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this
Agreement.
6.Miscellaneous.
This Agreement shall all be
governed and construed in accordance with the laws of The
United States of America applicable to agreements made and
to be performed in The United States of America. You agree
that any legal action or proceeding between AMR Homepage and
you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively
in a federal or state court of competent jurisdiction
sitting in The United States of America . Any cause of
action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is
barred. AMR Homepage's failure to insist upon or enforce
strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this
Agreement. AMR Homepage may assign its rights and duties
under this Agreement to any party at any time without notice
to you.
Any rights not expressly granted
herein are reserved.
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