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Website Terms And Conditions Agreement1. Web site terms of use 1. WEB SITE TERMS OF USE By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the web site. Restrictions on Use of Materials: All materials on this web site are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are Commercial Online Database -- Ownership, License, and Intended Use: [Name of Company/Business] and you accept, that [Name of Company/Business] is the owner of the copyright of the online Databases of Links to various articles and resources available from time to time through [Name of Company/Business] and its contributors reserve all rights and no intellectual property rights are conferred by this agreement. YOU MAY: [Name of Company/Business] grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below. You agree to use information obtained from [Name of Company/Business] only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, re-engineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise. Moreover, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output; both in print (machine-readable) or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorise you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use. Personal Liability: The materials in this site are provided "as is" and without warranties of any kind either express or implied [Name of Company/Business] disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. [Name of Company/Business] does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are "free of viruses" or other harmful components. [Name of Company/Business] does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You will assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Under no circumstances, including, but not limited to, negligence, shall [Name of Company/Business] be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if [Name of Company/Business] or a [Name of Company/Business] authorised representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall [Name of Company/Business] total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this site. Relative facts and information at this web site are believed to be accurate at the time they were placed on the web site. Changes may be made at any time without prior notice. All online data provided on this web site (state web site URL) is to be used for information purposes only. The information contained on this web site and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this web site are only offered in jurisdictions where they may be legally offered. Information provided in our web site is not all-inclusive, and is limited to information that is made available to [Name of Company/Business] and such information should not be relied upon as all-inclusive or accurate. Internet Links and Visible Marks: The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other web sites or references to products, services or publications other than those of [Name of Company/Business] and its subsidiaries and affiliates at this web site, do not imply the endorsement or approval of such web sites, products, services or publications by [Name of Company/Business] or its subsidiaries and affiliates. Certain names, graphics, logos, gifs, jpegs, icons, designs, words, titles or phrases at this web site may constitute trade names, trademarks or service marks of [Name of Company/Business] or of other entities. The display of trademarks on this web site does not imply that a license of any kind has been granted. Any unauthorised downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action. Non Disclosure of Codes, Passwords and Applicable Information: You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from [Name of Company/Business] and all information to which you have access through password-protected areas of [Name of Company/Business] web sites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever. Important Legal Information: These Terms of Use will apply to every access to {http://www.}. [Name of Company/Business] reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from [Name of Company/Business] will be a separate, discrete transaction based on the then prevailing terms. This Terms of Use and the license granted may not be assigned or sublet by you without [Name of Company/Business] written consent in advance. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the state of: _______, {Country} as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate [Name of Company/Business] and/or its affiliates' intellectual property rights, [Name of Company/Business] and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of ______, and you consent to exclusive jurisdiction and venue in such courts. Disputes & Mediation: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator being the Australian Mediation Council or like organisation in the following location: _________. {State in which you reside}. Any additional costs and legal fees other than attorney fees associated with the mediation will be shared equally by each of us. We agree to submit the dispute to binding arbitration at the following location: _________, under the rules of the American Mediation Council. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby. Termination: These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all [Name of Company/Business] web site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at [Name of Company/Business] sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Name of Company/Business] web site(s) and all copies thereof, whether made under the terms of this agreement or otherwise. Any information on the web site can change at any given time because of updating and deleting of old information or adding new information. 2. LEGAL DISCLAIMER THE MATERIALS ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. SITE OWNER OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. SITE OWNER DOES NOT WARRANT THE... (Excerpt)
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