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Terms
And Conditions Of Use (TOS)
(effective
as of October 01, 2002 - revised on March, 2004))
The
following are the rules that govern use of the USA Export
Import web site and the services that we may offer (the
"Site"), including without limitation email, a
searchable directory of business web sites, links to other
web sites, and access to news and information.
By
using the Site, you agree to be bound by these Terms and
Conditions of Use (the "TCU"), including but not
limited to the Privacy Policy and other usage guidelines
and rules that may be posted from time to time, all of which
are incorporated herein by reference, and to follow the
TCU and all applicable laws and regulations governing the
Site. If you do not agree, do not enter or use the Site.
USA
Export Import may update the TCU from time to time. You
are responsible for checking this page periodically for
changes and updates to the TCU. Your use of the Site following
any posted change(s) to the TCU will be deemed an acceptance
of such change(s).
In
addition, when using the Site, you shall be subject to any
posted guidelines or rules, which may be posted from time
to time. All such guidelines or rules are hereby incorporated
by reference into the TCU.
This
Site is not intended for use by persons under the age of
thirteen. Individuals who are under thirteen are expressly
prohibited from posting any personally identifiable information
about themselves.
Data
and information relating to securities or otherwise is provided
for informational purposes only, and is not intended for
trading purposes.
Please
direct any questions you may have about the TCU, or any
other legal matters, to the following e-mail address: customerservice@usaexportimport.com
1.
USA Export Import's Proprietary Rights and Permitted Use
The
Site, including without limitation any content, software
and services offered thereon, are the property of USA Export
Import and/or its suppliers. It is protected by the copyright
and/or other intellectual property laws of the United States
and internationally. You are hereby authorized solely to
view and to retain a copy of pages of this Site for your
own personal use. Do not duplicate, publish, modify, or
otherwise distribute the material on this Site unless specifically
authorized in writing by USA Export Import to do so. Legal
notices and various other acknowledgements and credits are
posted on pages of the Site. Do not remove these legal notices
or other acknowledgements or credits, or any related information,
contained on pages of the Site.
You
hereby acknowledge and agree that, as between USA Export
Import and you, all right, title, and interest in and to
the Site and the provision thereof, including without limitation
any patent rights, patents, business methods and models,
copyrights, trademarks, trade secrets, inventions, know-how,
and all other intellectual property rights pertaining thereto,
shall be owned exclusively by USA Export Import. Except
as expressly authorized by USA Export Import herein, you
agree not to make, copy, display, modify, rent, lease, license,
loan, sell, distribute, or create derivative works of the
Site, in whole or in part. You agree not to access the Site
by any means other than through the interface that is provided
by USA Export Import for use in accessing the Site.
2.
User Contributions to the Site
USA
Export Import provides users with the opportunity to contribute
to the Site. You understand that all information, data,
text, links, articles, software, photographs, graphics,
video, music, sound, messages, or other materials posted
by you on the Site (collectively, the "User Content"),
whether publicly posted or privately transmitted, are the
sole responsibility of you or other users posting or transmitting
such User Content. This means that you, and not USA Export
Import, are entirely responsible for all User Content that
you upload, post, email, or otherwise transmit via the Site.
It is your obligation to ensure that no copyright, trademark,
trade secret, publicity or privacy rights, or other intellectual
property rights are being violated by your posting or transmission
of any User Content via the Site.
USA
Export Import does not control or pre-screen the User Content
posted via the Site or sent to another user and, as such,
does not guarantee the accuracy, integrity, appropriateness,
or quality of such User Content. The User Content posted
by users or other third parties does not necessarily represent
the views or opinions of USA Export Import and under no
circumstances will USA Export Import be liable in any way
for any User Content, including, but not limited to, any
loss or damage of any kind incurred as a result of the use
of any User Content posted, emailed, or otherwise transmitted
via the Site.
Users
can be held liable for any illegal or prohibited User Content
they provide to the Site or to other users, including, for
example, infringing, defamatory, or offensive materials.
So that the Site is available for all users to enjoy, you
may not, and hereby represent and warrant that you will
not, post, transmit, email or otherwise make accessible
on or through the Site User Content that:
Is
unlawful, harmful, threatening, tortious, defamatory, libelous,
abusive, disparaging, pedophilic, pornographic, obscene,
invasive of another's privacy, hateful, or malicious;
Contains hate propaganda or promotes discrimination or violence
against any people on account of their race, national origin,
religion, age, gender, disability, or sexual orientation;
Is or could be harmful to minors;
Harasses or advocates harassment of another person;
Involves the transmission of "junk mail," "chain
letters," or unsolicited mass mailing (or "spamming");
Promotes information that you know is false, misleading,
or promotes illegal activities or conduct;
Is or promotes an illegal or unauthorized copy of another
person's work, such as providing pirated computer programs
or links to them, or providing information to circumvent
manufacture-installed copy-protect devices;
Infringes any patent, copyright, trademark, service mark,
trade secret, or other proprietary right of any other party;
Contains restricted password only access pages, or hidden
pages or images (those not linked to or from another accessible
page);
Provides material that exploits people under the age of
18 in a sexual or violent manner, or solicits personal information
from anyone under 18;
Provides instructional information about illegal activities
such as making or buying illegal weapons, or providing or
creating computer viruses;
Contains a software virus or any other code files or programs
that are designed to or have the ability to interrupt, destroy,
compromise, or otherwise limit the functionality of any
computer software or hardware or telecommunications equipment
whether owned by USA Export Import or any other party;
Solicits passwords, or personal identifying information
for commercial or unlawful purposes from other users; or
Otherwise violates any local, state, federal or other applicable
law or regulation.
In addition, you may not, in connection with your use of
the Site:
Impersonate
any person or entity, including a USA Export Import officer
or employee, or falsely misrepresent your affiliation with
any other person or entity;
Forge headers or otherwise manipulate identifiers for the
purpose of disguising the origin of any User Content posted
or transmitted through or on the Site;
Engage in commercial activities and/or sales without USA
Export Import's prior written consent including, without
limitation, contests, sweepstakes, barter, or advertising;
Post or transmit any Content that you do not have the right
to post or transmit;
Post or submit unsolicited commercial e-mail, chain letters,
pyramid schemes, or seek or encourage others to engage in
these activities;
Disrupt the ordinary flow and operation of any portion of
the Site, including causing a screen to scroll faster than
another User may be able to type in a chat room or bulletin
board environment;
Interfere with or disrupt the Site or any server or network
involved with the operation of the Site;
Stalk or harass any other person; or
Collect or "harvest" from the Site the names of
other users for the purpose of transmitting to those other
users unsolicited commercial messages.
If
you discover this kind of material or activity on the Site,
please notify us at customerservice@usaexportimport.com.
3.
License To User Content
With
respect to User Content you elect to post or transmit for
inclusion in or on the Site, you grant USA Export Import
and its affiliates and partners the perpetual, world-wide,
royalty free, non-exclusive, sub-licensable license as follows:
to use, reproduce, translate, alter, perform, display, modify,
adapt, and publish such User Content, in whole or in part,
in all present and future media and in any manner relating
to the Site (including without limitation in connection
with the appearance of such User Content on USA Export Import
and on the sites of our affiliates, partners and others
with whom USA Export Import may have business relationships
relating to the Site) and the distribution and promotion
of the Site. You further agree that USA Export Import is
free to use any ideas, know-how, concepts, techniques or
other materials you send us for any purpose.
Without
limitation of any of the rights granted to USA Export Import
herein, you acknowledge and agree that USA Export Import
may preserve User Content and may also disclose User Content
if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the TCU;
(c) respond to claims that any User Content violates the
rights of third-parties; or (d) protect the rights, property,
or personal safety of USA Export Import, its users and the
public.
4.
Indemnity
You
agree to indemnify and hold USA Export Import, its subsidiaries,
affiliates, officers, agents, co-branders, and other partners
and employees, harmless from any loss, liability, claim
or demand, including reasonable attorney's fees, made by
any third party due to or arising out of User Content you
submit, post to, or transmit through the Site, your use
of the Site, including your use of the Site to provide a
link to another Site or to upload content or other information
to the Site, or your violation of the TCU or any applicable
laws or the rights of another.
5.
Links and Search Results
The
Site may provide links and automatically produce search
results, or third parties may provide information, that
reference or link to other World Wide Web sites or resources.
USA Export Import has no control over such sites and resources,
and you acknowledge and agree that USA Export Import is
not responsible for the content or information contained
therein. USA Export Import cannot and does not guarantee,
represent, or warrant that the content or information contained
in such third-party sites is accurate, legal and/or inoffensive.
USA Export Import does not endorse the content or information
of any third-party site or resource, and further does not
warrant that such sites or resources will not contain viruses
or otherwise impact your computer. By using the Site to
search for or link to another site, you agree and understand
that USA Export Import shall not be responsible or liable,
directly or indirectly, for any damages or loss caused or
alleged to be caused by or in connection with your use of,
or reliance on, the Site to obtain search results and/or
to link to another site. However, if you have a problem
with a link from the Site, please let us know at customerservice@usaexportimport.com.
6.
No Resale of Site
You
agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the
Site, use of the Site, or access to the Site, without the
express, prior written consent of USA Export Import in each
instance.
7.
Modifications to Site
USA
Export Import reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently,
the Site (or any part thereof) with or without notice. You
agree that USA Export Import shall not be liable to you
or to any third party for any modification, suspension,
or discontinuance of the Site.
8.
Suspension and/or Termination Rights
USA
Export Import reserves the right, at its sole discretion,
immediately and without notice, to suspend or terminate
the TCU, your registration for any program, your ability
to access the Site, your ability to utilize any email services
offered on the Site, and/or to remove any User Content,
for any reason, including without limitation any breach
by you of the TCU or conduct by you that USA Export Import
determines to be inappropriate. You agree that USA Export
Import shall not be liable to you or any third-party for
any suspension or termination pursuant to this provision.
9.
Copyright Policy
USA
Export Import understands and respects the importance of
intellectual property.
10.
Your Registration Obligations
In
consideration of your use of the Site, you agree to: (a)
provide true, accurate, current and complete information
about yourself as prompted by the Site's registration form
(such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not
current or incomplete, or USA Export Import has reasonable
grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, USA Export Import has the right
to suspend, terminate, or refuse any and all current or
future use of the Site (or any portion thereof).
11.
Privacy Policy
We
believe that your privacy and the privacy of all of our
users is important. Please click here
to review our Privacy Policy, to which you hereby agree.
In the event you are requested to register on the Site,
you may be given an opportunity to "opt in" to
receive mailings from USA Export Import and/or its partners
by "checking" on a box in the registration form
(if any). If you submit a registration form with the box
checked, you thereby consent to being placed on this mailing
list. You may subsequently contact us to request to be removed
from this list.
12.
Back-Up
USA
Export Import is not liable for any lost data resulting
from the operation of our Site and/or the enforcement of
the TCU (including without limitation content from any e-mail
account hosted by USA Export Import), and is not obligated
to maintain back-up copies of any contributed User Content
or e-mail messages. We recommend that you retain a copy
of all User Content that you post or distribute to, or through,
the Site.
You
understand and agree that USA Export Import may release
information about you if required by law or subpoena, or
if the information is necessary or appropriate to release
to address an unlawful or harmful activity.
13.
Password and Security
You
will receive a password and account designation upon completing
the Site's registration process. You are responsible for
maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately
notify USA Export Import of any unauthorized use of your
password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of
each session. USA Export Import cannot and will not be liable
for any loss or damage arising from your failure to comply
with this Section. Without limitation to the generality
of the foregoing, due to the nature of Internet, computers,
data flow, and other technical and economical practicalities,
the Site, like most computer data and Internet applications,
is vulnerable to various security issues and hence should
be considered unsecured. By using the Site and the Internet
in general, you may be subject to various risks, including,
among others, eavesdropping, sniffing, spoofing, forgery,
spamming, "imposturing", tampering, breaking passwords,
harassment, fraud, electronic trespassing, hacking, system
contamination including without limitation, viruses, worms,
Trojan horses, causing unauthorized, damaging or harmful
access and/or retrieval of information and data on your
computer and other forms of activity that may even be considered
unlawful. Information (including Registration Data, passwords
and User Content) received or delivered or intended to be
made available on and through the Site may be subject to
these and other security or privacy hazards or may not reach
its destination or reach an erroneous address or recipient.
The Site is not different than other applications in this
respect. Without limitation of the foregoing, although we
take seriously the security of all member accounts and other
personal and non-personal information associated with our
visitors and participants, due to the open communication
nature of the Internet, we can not guarantee that your account
will be free from unauthorized access by third parties.
14.
U.S. Export Controls
USA
Export Import encourages users from around the world to
use the Site. However, if you choose to use the Site, you
understand, acknowledge and agree that your use of the Site
is governed by the TCU and the laws and regulations of the
United States regarding online conduct and acceptable content.
If you use the Site in a jurisdiction that prohibits or
restricts the use of the Site, you agree that your use of
the Site will be at your own risk, without limitation of
any other provision of the TCU, and that USA Export Import
shall not have any liability with respect to such use. Software
from this Site is subject to United States export controls.
No software from this Site may be downloaded or otherwise
exported or re-exported (i) into (or to a national or resident
of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other country to which the United States has embargoed goods;
or (ii) to anyone on the United States Treasury Department's
list of Specially Designated Nationals or the United States
Commerce Department's Table of Deny Orders. By downloading
or using the Software, you represent and warrant that you
are not located in, under the control of, or a national
or resident of any such country or on any such list.
15.
Disclaimer of Warranties
You
expressly understand and agree that:
Your
use of the Site is at your sole risk. The Site, and its
content, are delivered on an "as is" and "as
available" basis. USA Export Import expressly disclaims
all warranties of any kind, whether express or implied,
including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose, or non-infringement.
USA Export Import makes no warranty that the Site or any
related services, such as email, links, or searches offered
on the Site will be error-free, uninterrupted, timely, secure,
or that it will provide specific results from use of the
Site or any content, search or link therein. USA Export
Import further cannot ensure that files you download from
the Site will be free of viruses, Trojan horses, bugs, contamination,
or destructive features.
Any
material viewed, downloaded, or otherwise obtained through
the use of the Site is done solely at your own discretion
and risk, and USA Export Import will not be liable for any
damages of any kind arising from the use of the Site, including,
without limitation, direct, indirect, incidental, punitive,
or consequential damages.
No
advice or information, whether oral or written, obtained
by you from USA Export Import or through or from the Site
shall create any warranty not expressly stated in the TCU.
Data and information relating to securities or otherwise
is provided for informational purposes only, and is not
intended for trading purposes. Neither USA Export Import
nor any of its data or content providers shall be liable
for any errors or delays in the content, or for any actions
taken in reliance thereon.
16.
Limitation of Liability
You
expressly understand and agree that USA Export Import shall
not be liable for any indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages
for loss of profits, goodwill, use, data or other intangible
losses (even if USA Export Import has been advised of the
possibility of such damages), resulting from: (i) the use
or the inability to use the Site; (ii) the cost of procurement
of substitute goods or services resulting from any goods,
data, information or services purchased or obtained or messages
received or transactions entered into through or from the
Site; (iii) unauthorized access to or alteration of your
transmissions or data; (iv) statements or conduct of any
third party on the Site; or (v) any other matter relating
to the Site or the content thereon, including without limitation
any user content posted thereon. In no event will USA Export
Import be liable for any damages in excess of one hundred
United States dollars ($100.00).
17.
Exclusions and Limitations
Some
jurisdictions do not allow the exclusion of certain warranties
or the limitation or exclusion of liability for incidental
or consequential damages. Accordingly, some of the above
limitations may not apply to you.
18.
Miscellaneous
The
TCU constitutes the entire agreement between you and USA
Export Import and governs your use of the Site, superceding
any prior agreements between you and USA Export Import.
You may also be subject to additional terms and conditions
that may apply when you use affiliate services, third-party
content, or third-party software.
You
agree that the TCU and the relationship between you and
USA Export Import shall be governed by the laws of the State
of California without regard to its conflict of law provisions.
You agree to submit to personal and exclusive jurisdiction
by and venue in the state and federal courts of the State
of California, County of Los Angeles. The failure of USA
Export Import to exercise or enforce any right or provision
of the TCU shall not constitute a waiver of such right or
provision.
If
any provision of the TCU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the TCU remain in full force and effect. You
agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to
use of the Site or the TCU must be filed within one (1)
year after such claim or cause of action arose or be forever
barred.
The
section titles in the TCU are for convenience only and have
no legal or contractual effect.
USA
Export Import (UEI)
Administrative Dept.
email: administrative@usaexportimport.com
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