Terms of Use
IMPORTANT LEGALLY BINDING AGREEMENT
THE FOLLOWING ARE TERMS OF A LEGAL AGREEMENT BETWEEN YOU AND AllSector Technology Group, Inc. and its subsidiaries (collectively, “AllSector”, “we”, “us” or “our”) (the “AGREEMENT”).
BY CLICKING “I AGREE” OR BY ACCESSING, BROWSING OR USING THIS WEB SITE LOCATED AT www.allsector.com (the “SITE”) AND THE SERVICES ACCESSIBLE FROM THE SITE (the SITE AND SUCH SERVICES ARE COLLECTIVELY HEREINAFTER REFERRED TO AS THE “SERVICE”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING ANY CHANGES OR MODIFICATIONS MADE HERETO, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, AND YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO SIGN AND BIND YOURSELF AS A CONTRACTING PARTY TO THIS AGREEMENT AND ALL OF THE TERMS AND CONDITIONS HEREOF, INCLUDING, WITHOUT LIMITATION, THE DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNITY SECTIONS OF THIS AGREEMENT. USE OF THE SERVICE IS UNDERTAKEN AT YOUR OWN RISK.
IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS THE SERVICE OR ANY PAGES OF THE SITE.
AllSector reserves the right, in its discretion, to, without notice to you, amend, modify and revise the terms of this Agreement at any time by posting the revised terms on the Site. All such changes to this Agreement will be effective immediately upon posting. AllSector may also make improvements or changes in the Service at any time without notice to you. If at any time this Agreement is no longer acceptable to you, you should immediately cease all use of the Service.
USE OF CONTENT.
All content, images, graphics, code, software, documents, photographs, audio files, video files, scripts, links, interactive features and other material used on, obtained from or incorporated into the Service (collectively, the “Content”), and the arrangement or integration of all such Content in the Service, are registered trademarks, tradenames, service marks, copyrights, patents or other protected property of AllSector, or licensed to AllSector by third parties, and all rights therein and thereto are specifically reserved. You agree to comply with and keep intact any copyright notices, trademark notices, information and restrictions contained in any Content available on or accessed through the Service. Except as may otherwise be expressly provided in this Agreement or on the Site, you may not copy, imitate, use, download, modify, publish, transmit, retransmit, transfer, sell, license, reproduce, create derivative works from, distribute, perform, display, rearrange, redistribute, alter, crop, re-size, reverse engineer, move, remove, delete or in any way exploit or make commercial use of, any of the Content, in whole or in part, directly or indirectly, without the prior written consent of AllSector in each instance or unless any such restriction(s) on use of the Content is prohibited by applicable law. Without limiting the foregoing, elements of the Site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, and no logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted in writing by AllSector. The use (except as may be expressly authorized in writing) or misuse of any trademarks, trade names or logos from the Service is strictly prohibited. Further, without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices, trademark notices and other restrictions contained or posted on the Service.
AllSector hereby grants to you the revocable, non-exclusive, non-transferable permission to electronically copy and print hard copies of pages from the Site solely for your personal, non-commercial use, provided that you maintain all copyright, trademark and other notices contained on such Content.
USE OF SOFTWARE.
Any software and accompanying documentation that you download through the Service (“Software”) is the exclusive property of AllSector and/or a third party software provider and may be protected by copyright, patent or other intellectual property rights laws. Downloading and use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software (“Software License Agreement”) and is subject to United States law. Your use, reproduction and/or redistribution of the Software is prohibited except as expressly provided for in the Software License Agreement. All rights, title and interest not expressly granted in the Software are reserved.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SOFTWARE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE SOFTWARE LICENSE AGREEMENT, AllSector HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, AllSector MAY MAKE AVAILABLE AS PART OF THE SERVICE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. AllSector DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. YOU AGREE TO RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF AllSector and OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICE OR IN AllSector SOFTWARE PRODUCTS.
Any Software which is downloaded from the Site is provided with restricted rights. Use, duplication, or disclosure of any Software by the United States of America (the “United States” or “U.S.”), its agencies and/or instrumentalities (“U.S. Government”) is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is AllSector Technology Group Inc., 345 Hudson Street, 4th Floor, New York, NY 10014.
USE OF DOCUMENTS.
You may download, view, copy and print documents, including graphics incorporated in the documents, that AllSector publishes on the Site (“Documents”), such as white papers, press releases, datasheets and FAQs, subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Documents or other Content from the Service in whole or in part without the express authorization of AllSector. Documents specified above do not include the design or layout of the Site or any other AllSector owned, operated, licensed or controlled web site.
USE OF INTERACTIVE COMMUNICATION FEATURES.
“Interactive Communication Feature” means a chat area, bulletin board, e-mail function, or other means of communication on the Site in connection with which you can upload, email, post, publish or otherwise transmit content to AllSector and/or communicate with AllSector or any employee or designee thereof. You agree not to upload, email, post, publish, distribute or otherwise transmit through any Interactive Communication Feature any Content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another’s rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, “junk mail,” “spam” or chain letters; or (g) violates any applicable laws or regulations.
Interactive Communication Features shall be used by you in a noncommercial manner only. You shall not upload, email, post, publish, distribute or otherwise transmit any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. By uploading, emailing, posting, publishing or otherwise transmitting content through an Interactive Communication Feature, you automatically grant (or warrant that the owner of such rights has expressly granted) AllSector a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed, unless AllSector’s use of any such content is restricted by the terms and conditions of a separate agreement entered into between you and AllSector.
THIRD PARTY WEB SITES.
The Service may contain links to web sites that are unrelated to us and are owned and operated by third parties (the “Third-Party Sites”). AllSector does not make any representations or warranties about any Third-Party Sites you may access through the Service. Your use of Third-Party Sites is at your own risk. Links to Third-Party Sites are provided solely as a convenience to you and do not constitute an endorsement by AllSector or imply that AllSector sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the Third-Party Sites or products or services accessible from Third-Party Sites. AllSector is not responsible for the contents of, or any products or services offered on, from or by, any Third-Party Sites.
AllSector DISCLAIMS LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD-PARTY SITES. BY PROVIDING ANY LINKS TO THIRD-PARTY SITES, AllSector IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE WEB SITES. SUCH THIRD-PARTY SITES MAY HAVE A PRIVACY POLICY DIFFERENT FROM AllSector AND THE THIRD-PARTY SITE MAY PROVIDE LESS SECURITY THAN THE SERVICE.
UPDATES; ERRORS & INACCURACIES
The Service, including, without limitation, Documents and related graphics, news items, press releases, case studies, customer testimonials and event listings published on or accessible through the Service may contain inaccuracies or errors, including, without limitation, technical inaccuracies and typographical errors. AllSector reserves the right to correct any errors, inaccuracies or omissions, although, AllSector will not have an obligation to make any such corrections, and AllSector reserves the right to change or update information contained in the Service at any time without prior notice to you. Without limitation of any other provisions of this Agreement, AllSector shall not be liable to you for any inaccuracies or errors contained in the Service.
NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT.
The Site is hosted by AllSector Technology Group Inc. In accordance with the Digital Millennium Copyright Act, the name and address with the U.S. Copyright Office in Washington D.C. (as registered as of August 30, 2007) for the Designated Agent to receive notification of claimed infringement for AllSector is:
Michael Davis, Designated Agent
AllSector Technology Group Inc.
345 Hudson Street, 4th Floor
New York, NY 10014
Telephone:(212) 366-8480
Fax:(212) 366-8422
Email:mdavis@allsector.com
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site, written notices of claimed infringement of copyright should be sent to the address listed above. Please be aware that the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) requires that notices of claimed infringement must include certain minimal information. For more information about copyright law, the Digital Millennium Copyright Act and the elements required in a notice of claimed infringement, please see the U.S. Copyright Office web site at http://www.copyright.gov.
INTERNATIONAL USERS.
The Service is controlled, operated and administered by AllSector from within the United States. AllSector makes no representation that the Service, the Site, the Software or the Content are appropriate or available for use at locations outside of the United States, and access to the Service from territories where the Service, the Site, the Software or the Content are illegal is prohibited. If you access the Service, the Site, the Software or the Content from a location outside the United States, you are responsible for compliance with all applicable local laws, regulations and restrictions.
EXPORT RESTRICTIONS.
The export and re-export of the Service, the Site, the Software and the Content, whether in whole or in part, is controlled by the United States Export Administration Regulations. Without limitation of any of the other restrictions contained in this Agreement, you may not access, download, use, export or re-export the Service, the Site, the Software or the Content in violation of U.S. export laws, regulations or restrictions, or in violation of any other applicable laws, regulations or restrictions. You agree to comply with all export and import laws, regulations and restrictions of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Service, the Site, the Software or the Content or any part thereof in violation of any such laws, regulations or restrictions, or without all necessary approvals. Specifically, and without limiting the foregoing, the Service, the Site, the Software and the Content may not be exported or re-exported into any U.S. embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By agreeing to this Agreement, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country and are not on any such list. You also agree that you will not use the Service, the Site, the Software or the Content for any purposes prohibited by United States and/or any foreign government law, regulations or restrictions.
SECURITY.
We may use techniques to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend your use of the Service, terminate your use of the Service and/or seek prosecution against you to the fullest extent of the law.
TERMINATION.
AllSector reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability to you. AllSector may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content, without prior notice or liability to you.
PRIVACY.
Please see our Privacy Policy incorporated herein by reference.
YOUR REPRESENTATIONS AND WARRANTIES.
Without limiting any of the other representations and warranties made by you in this Agreement, you represent and warrant that you will: (a) comply with all laws, rules and other regulations applicable in connection with the Service; (b) not interfere or disrupt networks connected to the Service; (c) not use the Service to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) not use or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; and (e) not interfere with another user’s use and enjoyment of the Service.
DISCLAIMER OF WARRANTIES.
YOUR USE AND BROWSING OF, AND ANY RELIANCE BY YOU UPON, THE SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND THE SITE AND ALL CONTENT, SOFTWARE, DOCUMENTS AND MATERIAL ACCESSIBLE FROM AND/OR THROUGH THE SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. AllSector DOES NOT REPRESENT OR ENDORSE THE TIMELINESS, ACCURACY, ADEQUACY, RELIABILITY OR COMPLETENESS OF THE SERVICE, OR ANY CONTENT, INFORMATION OR MATERIALS AND AllSector EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SERVICE AND ANY SUCH CONTENT, INFORMATION AND MATERIALS. ALLSECTOR DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, NON-INTERFERENCE, ACCURACY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF AllSector HAS BEEN MADE AWARE OF SUCH PURPOSE) AND FREEDOM FROM COMPUTER VIRUS. WITHOUT LIMITING THE FOREGOING, AllSector DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SERVICE BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AllSector OR AN AUTHORIZED REPRESENTATIVE OF AllSector SHALL CREATE A WARRANTY. NO NEWS ITEMS, PRESS RELEASES, CASE STUDIES OR CUSTOMER TESTIMONIALS PUBLISHED ON OR ACCESSIBLE THROUGH THE SERVICE SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL AllSector, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU FOR ANY INJURY (WHETHER A COMMERCIAL INJURY OR OTHERWISE) OR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT) OR EXPENSES, INCLUDING, WITHOUT LIMITATION, LOSSES, EXPENSES, INJURY OR DAMAGES CAUSED BY ANY CONTENT, DOCUMENTS, SOFTWARE, MATERIALS OR INFORMATION RECEIVED FROM OR THROUGH THE USE OF THE SERVICE, ANY EMAIL DISTRIBUTED TO ANY USER OR ANY THIRD-PARTY SITES OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, MALFUNCTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF AllSector, ITS LICENSORS, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.
You specifically acknowledge and agree that AllSector and its affiliates and licensors and their officers, directors, employees and agents are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while AllSector intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Service, AllSector does not warrant, guarantee or make any representations that the Service, or any Content shall be available for downloading on the Service, or will be free of viruses, spyware or destructive materials and AllSector and its licensors shall not be liable, for any viruses, spyware or other destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Service or the server that makes it available, or your uploading of any content to the Service.
INDEMNITY.
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD AllSector, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE; (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU; (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST AllSector AND/OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND/OR CONTENT; (D) ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT; AND/OR (E) YOUR INFRINGEMENT OR VIOLATION OF ANY LAWS, REGULATIONS, RESTRICTIONS OR RULES APPLICABLE TO THE SERVICE, THE SITE, THE SOFTWARE AND/OR THE CONTENT.
MISCELLANEOUS; APPLICABLE LAWS.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. All matters relating to your access to, and use of, the Service shall be governed by the internal laws of the State of New York in the United States without regard to its conflict of laws. This Agreement shall be construed in accordance with the internal laws of the State of New York without regard to its conflict of laws, and the parties to this Agreement irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York County in the State of New York. You agree to the personal and exclusive jurisdiction of the federal or state courts located in New York County in the State of New York. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and shall not be amended, modified or revised by you.
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IMPORTANT LEGALLY BINDING AGREEMENT
THE FOLLOWING ARE TERMS OF A LEGAL AGREEMENT BETWEEN YOU AND AllSector Technology Group, Inc. and its subsidiaries (collectively, “AllSector”, “we”, “us” or “our”) (the “AGREEMENT”).
BY CLICKING “I AGREE” OR BY ACCESSING, BROWSING OR USING THIS WEB SITE LOCATED AT www.allsector.com (the “SITE”) AND THE SERVICES ACCESSIBLE FROM THE SITE (the SITE AND SUCH SERVICES ARE COLLECTIVELY HEREINAFTER REFERRED TO AS THE “SERVICE”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING ANY CHANGES OR MODIFICATIONS MADE HERETO, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, AND YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO SIGN AND BIND YOURSELF AS A CONTRACTING PARTY TO THIS AGREEMENT AND ALL OF THE TERMS AND CONDITIONS HEREOF, INCLUDING, WITHOUT LIMITATION, THE DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNITY SECTIONS OF THIS AGREEMENT. USE OF THE SERVICE IS UNDERTAKEN AT YOUR OWN RISK.
IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS THE SERVICE OR ANY PAGES OF THE SITE.
AllSector reserves the right, in its discretion, to, without notice to you, amend, modify and revise the terms of this Agreement at any time by posting the revised terms on the Site. All such changes to this Agreement will be effective immediately upon posting. AllSector may also make improvements or changes in the Service at any time without notice to you. If at any time this Agreement is no longer acceptable to you, you should immediately cease all use of the Service.
USE OF CONTENT.
All content, images, graphics, code, software, documents, photographs, audio files, video files, scripts, links, interactive features and other material used on, obtained from or incorporated into the Service (collectively, the “Content”), and the arrangement or integration of all such Content in the Service, are registered trademarks, tradenames, service marks, copyrights, patents or other protected property of AllSector, or licensed to AllSector by third parties, and all rights therein and thereto are specifically reserved. You agree to comply with and keep intact any copyright notices, trademark notices, information and restrictions contained in any Content available on or accessed through the Service. Except as may otherwise be expressly provided in this Agreement or on the Site, you may not copy, imitate, use, download, modify, publish, transmit, retransmit, transfer, sell, license, reproduce, create derivative works from, distribute, perform, display, rearrange, redistribute, alter, crop, re-size, reverse engineer, move, remove, delete or in any way exploit or make commercial use of, any of the Content, in whole or in part, directly or indirectly, without the prior written consent of AllSector in each instance or unless any such restriction(s) on use of the Content is prohibited by applicable law. Without limiting the foregoing, elements of the Site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, and no logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted in writing by AllSector. The use (except as may be expressly authorized in writing) or misuse of any trademarks, trade names or logos from the Service is strictly prohibited. Further, without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices, trademark notices and other restrictions contained or posted on the Service.
AllSector hereby grants to you the revocable, non-exclusive, non-transferable permission to electronically copy and print hard copies of pages from the Site solely for your personal, non-commercial use, provided that you maintain all copyright, trademark and other notices contained on such Content.
USE OF SOFTWARE.
Any software and accompanying documentation that you download through the Service (“Software”) is the exclusive property of AllSector and/or a third party software provider and may be protected by copyright, patent or other intellectual property rights laws. Downloading and use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software (“Software License Agreement”) and is subject to United States law. Your use, reproduction and/or redistribution of the Software is prohibited except as expressly provided for in the Software License Agreement. All rights, title and interest not expressly granted in the Software are reserved.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SOFTWARE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE SOFTWARE LICENSE AGREEMENT, AllSector HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, AllSector MAY MAKE AVAILABLE AS PART OF THE SERVICE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. AllSector DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. YOU AGREE TO RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF AllSector and OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICE OR IN AllSector SOFTWARE PRODUCTS.
Any Software which is downloaded from the Site is provided with restricted rights. Use, duplication, or disclosure of any Software by the United States of America (the “United States” or “U.S.”), its agencies and/or instrumentalities (“U.S. Government”) is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is AllSector Technology Group Inc., 345 Hudson Street, 4th Floor, New York, NY 10014.
USE OF DOCUMENTS.
You may download, view, copy and print documents, including graphics incorporated in the documents, that AllSector publishes on the Site (“Documents”), such as white papers, press releases, datasheets and FAQs, subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Documents or other Content from the Service in whole or in part without the express authorization of AllSector. Documents specified above do not include the design or layout of the Site or any other AllSector owned, operated, licensed or controlled web site.
USE OF INTERACTIVE COMMUNICATION FEATURES.
“Interactive Communication Feature” means a chat area, bulletin board, e-mail function, or other means of communication on the Site in connection with which you can upload, email, post, publish or otherwise transmit content to AllSector and/or communicate with AllSector or any employee or designee thereof. You agree not to upload, email, post, publish, distribute or otherwise transmit through any Interactive Communication Feature any Content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another’s rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, “junk mail,” “spam” or chain letters; or (g) violates any applicable laws or regulations.
Interactive Communication Features shall be used by you in a noncommercial manner only. You shall not upload, email, post, publish, distribute or otherwise transmit any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. By uploading, emailing, posting, publishing or otherwise transmitting content through an Interactive Communication Feature, you automatically grant (or warrant that the owner of such rights has expressly granted) AllSector a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed, unless AllSector’s use of any such content is restricted by the terms and conditions of a separate agreement entered into between you and AllSector.
THIRD PARTY WEB SITES.
The Service may contain links to web sites that are unrelated to us and are owned and operated by third parties (the “Third-Party Sites”). AllSector does not make any representations or warranties about any Third-Party Sites you may access through the Service. Your use of Third-Party Sites is at your own risk. Links to Third-Party Sites are provided solely as a convenience to you and do not constitute an endorsement by AllSector or imply that AllSector sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the Third-Party Sites or products or services accessible from Third-Party Sites. AllSector is not responsible for the contents of, or any products or services offered on, from or by, any Third-Party Sites.
AllSector DISCLAIMS LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD-PARTY SITES. BY PROVIDING ANY LINKS TO THIRD-PARTY SITES, AllSector IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE WEB SITES. SUCH THIRD-PARTY SITES MAY HAVE A PRIVACY POLICY DIFFERENT FROM AllSector AND THE THIRD-PARTY SITE MAY PROVIDE LESS SECURITY THAN THE SERVICE.
UPDATES; ERRORS & INACCURACIES
The Service, including, without limitation, Documents and related graphics, news items, press releases, case studies, customer testimonials and event listings published on or accessible through the Service may contain inaccuracies or errors, including, without limitation, technical inaccuracies and typographical errors. AllSector reserves the right to correct any errors, inaccuracies or omissions, although, AllSector will not have an obligation to make any such corrections, and AllSector reserves the right to change or update information contained in the Service at any time without prior notice to you. Without limitation of any other provisions of this Agreement, AllSector shall not be liable to you for any inaccuracies or errors contained in the Service.
NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT.
The Site is hosted by AllSector Technology Group Inc. In accordance with the Digital Millennium Copyright Act, the name and address with the U.S. Copyright Office in Washington D.C. (as registered as of August 30, 2007) for the Designated Agent to receive notification of claimed infringement for AllSector is:
Michael Davis, Designated Agent
AllSector Technology Group Inc.
345 Hudson Street, 4th Floor
New York, NY 10014
Telephone:(212) 366-8480
Fax:(212) 366-8422
Email:mdavis@allsector.com
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site, written notices of claimed infringement of copyright should be sent to the address listed above. Please be aware that the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) requires that notices of claimed infringement must include certain minimal information. For more information about copyright law, the Digital Millennium Copyright Act and the elements required in a notice of claimed infringement, please see the U.S. Copyright Office web site at http://www.copyright.gov.
INTERNATIONAL USERS.
The Service is controlled, operated and administered by AllSector from within the United States. AllSector makes no representation that the Service, the Site, the Software or the Content are appropriate or available for use at locations outside of the United States, and access to the Service from territories where the Service, the Site, the Software or the Content are illegal is prohibited. If you access the Service, the Site, the Software or the Content from a location outside the United States, you are responsible for compliance with all applicable local laws, regulations and restrictions.
EXPORT RESTRICTIONS.
The export and re-export of the Service, the Site, the Software and the Content, whether in whole or in part, is controlled by the United States Export Administration Regulations. Without limitation of any of the other restrictions contained in this Agreement, you may not access, download, use, export or re-export the Service, the Site, the Software or the Content in violation of U.S. export laws, regulations or restrictions, or in violation of any other applicable laws, regulations or restrictions. You agree to comply with all export and import laws, regulations and restrictions of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Service, the Site, the Software or the Content or any part thereof in violation of any such laws, regulations or restrictions, or without all necessary approvals. Specifically, and without limiting the foregoing, the Service, the Site, the Software and the Content may not be exported or re-exported into any U.S. embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By agreeing to this Agreement, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country and are not on any such list. You also agree that you will not use the Service, the Site, the Software or the Content for any purposes prohibited by United States and/or any foreign government law, regulations or restrictions.
SECURITY.
We may use techniques to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend your use of the Service, terminate your use of the Service and/or seek prosecution against you to the fullest extent of the law.
TERMINATION.
AllSector reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability to you. AllSector may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content, without prior notice or liability to you.
PRIVACY.
Please see our Privacy Policy incorporated herein by reference.
YOUR REPRESENTATIONS AND WARRANTIES.
Without limiting any of the other representations and warranties made by you in this Agreement, you represent and warrant that you will: (a) comply with all laws, rules and other regulations applicable in connection with the Service; (b) not interfere or disrupt networks connected to the Service; (c) not use the Service to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) not use or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; and (e) not interfere with another user’s use and enjoyment of the Service.
DISCLAIMER OF WARRANTIES.
YOUR USE AND BROWSING OF, AND ANY RELIANCE BY YOU UPON, THE SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND THE SITE AND ALL CONTENT, SOFTWARE, DOCUMENTS AND MATERIAL ACCESSIBLE FROM AND/OR THROUGH THE SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. AllSector DOES NOT REPRESENT OR ENDORSE THE TIMELINESS, ACCURACY, ADEQUACY, RELIABILITY OR COMPLETENESS OF THE SERVICE, OR ANY CONTENT, INFORMATION OR MATERIALS AND AllSector EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SERVICE AND ANY SUCH CONTENT, INFORMATION AND MATERIALS. ALLSECTOR DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, NON-INTERFERENCE, ACCURACY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF AllSector HAS BEEN MADE AWARE OF SUCH PURPOSE) AND FREEDOM FROM COMPUTER VIRUS. WITHOUT LIMITING THE FOREGOING, AllSector DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SERVICE BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AllSector OR AN AUTHORIZED REPRESENTATIVE OF AllSector SHALL CREATE A WARRANTY. NO NEWS ITEMS, PRESS RELEASES, CASE STUDIES OR CUSTOMER TESTIMONIALS PUBLISHED ON OR ACCESSIBLE THROUGH THE SERVICE SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL AllSector, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU FOR ANY INJURY (WHETHER A COMMERCIAL INJURY OR OTHERWISE) OR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT) OR EXPENSES, INCLUDING, WITHOUT LIMITATION, LOSSES, EXPENSES, INJURY OR DAMAGES CAUSED BY ANY CONTENT, DOCUMENTS, SOFTWARE, MATERIALS OR INFORMATION RECEIVED FROM OR THROUGH THE USE OF THE SERVICE, ANY EMAIL DISTRIBUTED TO ANY USER OR ANY THIRD-PARTY SITES OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, MALFUNCTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF AllSector, ITS LICENSORS, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.
You specifically acknowledge and agree that AllSector and its affiliates and licensors and their officers, directors, employees and agents are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while AllSector intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Service, AllSector does not warrant, guarantee or make any representations that the Service, or any Content shall be available for downloading on the Service, or will be free of viruses, spyware or destructive materials and AllSector and its licensors shall not be liable, for any viruses, spyware or other destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Service or the server that makes it available, or your uploading of any content to the Service.
INDEMNITY.
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD AllSector, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE; (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU; (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST AllSector AND/OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND/OR CONTENT; (D) ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT; AND/OR (E) YOUR INFRINGEMENT OR VIOLATION OF ANY LAWS, REGULATIONS, RESTRICTIONS OR RULES APPLICABLE TO THE SERVICE, THE SITE, THE SOFTWARE AND/OR THE CONTENT.
MISCELLANEOUS; APPLICABLE LAWS.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. All matters relating to your access to, and use of, the Service shall be governed by the internal laws of the State of New York in the United States without regard to its conflict of laws. This Agreement shall be construed in accordance with the internal laws of the State of New York without regard to its conflict of laws, and the parties to this Agreement irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York County in the State of New York. You agree to the personal and exclusive jurisdiction of the federal or state courts located in New York County in the State of New York. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and shall not be amended, modified or revised by you.
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IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS AND CONDITIONS OF THIS AGREEMENT OR ARE NOT AUTHORIZED TO AGREE TO THIS AGREEMENT, PLEASE EXIT THE SITE.
Updated: Date TK