This website is owned and operated by Alogent, on the World Wide Web of the Internet, consisting of information services and content provided by Alogent. "User" means each peson who establishes or accesses a connection for access to this website.
(A) This Agreement, which incorporates by reference other provisions applicable to use of this website sets forth the terms and conditions that apply to use of this website by User. By using this website (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use this website is personal to User ad is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any. (B) Alogent shall have the right at any time to change or discontinue any aspect or feature of this website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
Alogent shall have the right at any time to change or modify the terms and conditions applicable to User's use of this website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such charges, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of this website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this website and all charges related thereto.
5. User Conduct.
(A) User shall use this website for lawful purposes only. User shall not post or transmit through this website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive or privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Alogent's express prior approval, contains advertising or any solicitation with respect to product or services. Any conduct by a User that in Alogent's discretion restricts or inhibits any other User from using or enjoying this website will not be permitted. User shall not use this website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online information services competitive with this website.
(B) This website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this website are copyrighted as a collective work under the United States copyright laws. Alogent owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Alogent and the copyright owner. In the event of any permitted copying, redistribution or publication or copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post or otherwise make available on this website any material protected by copyright, trademark of other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement or copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material has expressly granted Alogent the royalty-free, perpetual, irrevocable, material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants Alogent the right to edit, copy, publish and distribute any material made available on this website by User.
(D) The foregoing provisions of Section 5 are for the benefit of Alogent, its subsidiaries, affiliates and its third party content providers and licensers and each shall ave the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) USER EXPRESSLY AGREES THAT USE OF ALOGENT WEBSITE IS AT USER'S SOLE RISK. NEITHER ALOGENT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSERS WARRANT THAT ALOGENT'S WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOT DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ALOGENT'S WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ALOGENT'S WEBSITE.
(B) ALOGENT'S WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR TITLE OF IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO this AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT ALOGENT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHERS USERS OF THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D). IN NO EVENT WILL ALOGENT OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ALOGENT'S WEBSITE OR THE ALOGENT'S WEBSITE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUG LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR OF INABILITY TO USE ALOGENT'S WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF this SECTION SHALL APPLY TO ALL CONTENT ON ALOGENT'S WEBSITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ALOGENT, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ALOGENT'S WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFORM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, ALOGENT, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OR THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
Alogent shall have the right, but not the obligation, to monitor the content of this website, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Alogent and to satisfy any law, regulation or authorized government request. Alogent shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on this website. Without limiting the foregoing, Alogent shall have the right to remove any material that Alogent, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless Alogent, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this website by User or User's Account.
Either Alogent or User may terminate this Agreement at any time. Without limiting the foregoing, Alogent shall have the right to immediately terminate User's Account in the event or any conduct by User which Alogent, in its sole discretion, considers to be unacceptable, or in the event or any breach by User or this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
Alogent and this website are trademarks of Alogent Corporation. All rights reserved. All other trademarks appearing on this website are the property of their respective owners.
11. Third Party Content.
Alogent is a disrtibutor (and not a publisher) of content supplied by third parties. Accordingly, Alogent has no more editorial control over such content that does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of this website, are those of the respective author(s) or distributor(s) and not of Alogent. Neither Alogent nor any third-party provider of information guarantees the accuracy, completeness, or usefulness or any content, nor is merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In some instances, the content available through this website may represent the opinions and judgments of the respective information provider, User, or other user not under contract with Alogent. Alogent neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this website by anyone other than authorized Alogent employee spokespersons while acting in their official capabities. Under no circumstances with Alogent be liable for any loss or damage caused by a User's reliance on information obtain through this website. It is the reponsibility of User to evaluate the accuracy, completeness or usefulness of any information, oninion, advice or other content available through this website. Please seek the advive of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for this website established by Alogent constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach of default hereunder shall be deemed to be a waiver or any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Alogent respects the rights of all copyright holders and in this regard, Alogent has adopted and implemented a policy that provides for the terminatin in appropriate circumstances of users who infringe on rights of copyright holders.