|
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 "BANKAHB.COM" (THE
"WEB SITE"). BY REGISTERING AS A USER OF BANKAHB.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 advisors@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 advisors@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 advisor@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 advisor@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 customerservice@affinigent.com
|
