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This Terms and Conditions Page will
explain information regarding the use of our Website as follows:
AGREEMENT BETWEEN YOU AND AdvantageCity
Inc.
(A part of DotTrend,
Inc.)
This Web site is offered to you, the customer, conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. BY ACCESSING THIS WEB SITE, YOU ARE AUTOMATICALLY
AGREEING TO ABIDE BY THE FOLLOWING RESTRICTIONS, TERMS AND CONDITIONS
OF USE:
COPYRIGHT AND TRADEMARK NOTICES
All documents, files, data and other content on this World Wide
Web site, such as text, graphics, logos, button icons, images, audio
clips and all software found at this World Wide Web site, is the
property of AdvantageCity or its content suppliers and is protected
by U.S. and international copyright laws. The compilation (the collection,
arrangement and assembly) of all content on this site is the exclusive
property of AdvantageCity and is also protected by U.S. and international
copyright laws. This means that WE RETAIN FULL AND COMPLETE TITLE
TO THE DOCUMENTS, FILES, DATA AND ANY AND ALL CONTENT AT THIS WORLD
WIDE WEB SITE OR GENERATED BY THIS WORLD WIDE WEB SITE and all of
the associated intellectual property rights thereto. You are not
allowed to redistribute or resell any such documents, software,
files, content or data or to reverse-engineer, disassemble, or otherwise
convert it to any other form.
Each individual document and item of content published by AdvantageCity
on the World Wide Web may contain other proprietary notices and
copyright information relating to that individual document or item
of content. Nothing contained herein shall be construed as conferring
by implication, estoppel or otherwise any license or right under
any patent or trademark of AdvantageCity or any third party. Nothing
contained herein shall be construed as conferring any license or
right under any copyright, patent, trademark or other intellectual
property right of AdvantageCity or any third party.
You are also advised that any product, process or technology in
this World Wide Web site or any document or item of content published
by AdvantageCity on this site may be the subject of other intellectual
property rights reserved by AdvantageCity or other companies, and
may not be used by you, directly or indirectly, for any purpose.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
You may copy documents and content published by AdvantageCity on
this World Wide Web site for non-commercial personal use only and
subject to the further requirements contained herein. In consideration
of this authorization, you agree that any copy of these documents
which you make shall retain all copyright and other proprietary
notices contained herein in their original form. By your copying
such documents for your internal use only, you agree not to redistribute
or re-use in any manner any such documents or content thereof or
any other materials contained in or otherwise accessible from this
World Wide Web site. You may not modify any documents, material
or content found at this World Wide Web site. If you do, you will
be in violation of our intellectual property rights and possibly
the intellectual property rights of others.
Special Notice Specific to “White Paper” Content Available
for Downloading from this Web site Downloading Content. The “white
paper” content made available for downloading at this site
(“Research Content”) is the property of AdvantageCity
or its content suppliers and is protected by U.S. and international
copyright laws. You may not copy, reproduce, publish, publicly display,
transfer, sell or offer for sale, distribute, enter in a database,
or create derivative works from the Research Content or use it in
any way for any public or commercial purpose. This Research Content
is made available solely for your use after you have (registered
and) purchased use of the Research Content (“Limited Use License”).
Terms of Limited Use License For Research Content. You are granted
a personal, non-transferable, and non-exclusive Limited Use License
to download the Research Content onto a single computer; provided
that you shall not (and do not allow any third party to) copy, modify,
assign or otherwise transfer any right in the Research Content;
and you shall not modify the Research Content or access the service
by any means other than the one provided by AdvantageCity. You may
not copy the Research Content, by any means (including electronic
copies), for distribution to others unless you have purchased the
appropriate number of copies.
MEMBERSHIP AND PASSWORD RESPONSIBILITIES
By registering as a member, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the
AdvantageCity.com Web site 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, AdvantageCity.com has the right to suspend
or terminate your account and refuse any and all current or future
use of the AdvantageCity Web site.
The membership password provided to you is of a personal nature
and cannot be assigned or transferred except amongst your employees;
provided, however, any unauthorized purchase made with your password
shall be binding on you as the owner of the password.
===================================================
LIABILITY DISCLAIMER AS TO THE WEB SITE
The content of this World Wide Web site is provided "AS IS"
WITHOUT WARRANTY OF ANY KIND ABOUT THE CONTENT AND MATERIALS IN
THIS WORLD WIDE WEB SITE. THIS MEANS THAT WE DISCLAIM ALL WARRANTIES
OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ADVANTAGECITY.COM
WILL NOT BE LIABLE FOR ANY LOSS, DAMAGES, CLAIMS, EXPENSES OR INJURY
(INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL
OR INCIDENTAL DAMAGES, CLAIMS, EXPENSES OR INJURY, REGARDLESS OF
WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
CLAIMS, EXPENSES OR INJURY) THAT ACCOMPANY OR RESULT FROM YOUR USE
OF THIS WORLD WIDE WEB SITE OR ANY OTHER WEB SITE WHICH IS ACCESSIBLE
FROM THIS WORLD WIDE WEB SITE. IN CERTAIN STATES, THE LAW MAY NOT
ALLOW US TO DISCLAIM OR EXCLUDE CERTAIN WARRANTIES, SO SOME OR ALL
OF THE ABOVE MAY NOT APPLY TO YOU.
WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, ADVANTAGECITY
WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO THIS
WORLD WIDE WEB SITE AVAILABLE TO YOU THROUGH THE REQUIRED ACCESS
PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT YOU WILL BE ABLE
TO ACCESS THIS WORLD WIDE WEB SITE AT ANY PARTICULAR TIME OR FROM
ANY PARTICULAR LOCATION.
IF YOU USE OUR WEB SITE FROM A LOCATION OUTSIDE OF THE UNITED STATES,
YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS.
SOME SOFTWARE FROM OUR WEB SITE MAY BE SUBJECT TO EXPORT CONTROLS
IMPOSED BY THE UNITED STATES AND MAY NOT BE DOWNLOADED OR OTHERWISE
EXPORTED OR REEXPORTED, IN PARTICULAR TO ANYONE ON THE U.S. TREASURY
DEPARTMENT'S SPECIFICALLY DESIGNATED NATIONALS LIST OR THE U.S.
COMMERCE DEPARTMENT'S TABLE OF DENY ORDERS OR INTO (OR TO A NATIONAL
OR RESIDENT OF) ANY COUNTRY TO WHICH THE UNITED STATES HAS PLACED
AN EMBARGO (INCLUDING WITHOUT LIMITATION CUBA, IRAN, IRAQ, LIBYA,
NORTH KOREA AND SYRIA). IF YOU DOWNLOAD OR USE SOFTWARE, FILES,
CONTENT, MATERIALS OR DATA AVAILABLE OR ACCESSIBLE AT OR THROUGH
OUR WEB SITE, YOU ARE, IN EFFECT, CONFIRMING TO US THAT YOU ARE
NOT LOCATED IN, ARE NOT UNDER THE CONTROL OF, AND ARE NOT ON ANY
SUCH LIST AND ARE NOT A NATIONAL OR RESIDENT OF ANY SUCH COUNTRY.
===================================================
LIABILITY DISCLAIMER AS TO PRODUCTS SOLD
AdvantageCity.com makes no representations or warranties, either
express or implied, of any kind with respect to products sold on
AdvantageCity's Web sites. Except as expressly stated herein, AdvantageCity,
expressly disclaims all warranties, express or implied, of any kind
with respect to products sold on this Website, including but not
limited to, merchantability and fitness for a particular purpose.
The third party vendors and manufacturers may offer warranties to
you for certain products sold on AdvantageCity's Web site. In such
an event, the Vendor and/or Manufacturers of such products are solely
responsible for such warranties. You agree that the sole and exclusive
maximum liability to AdvantageCity arising from any products sold
on the AdvantageCity Web site shall be the price of the products
ordered. In no event shall AdvantageCity.com its directors, officers,
employees or other representatives be liable for special, indirect,
consequential or punitive damages related to products sold.
SERVICE OR PRODUCT CANCELLATIONS
With respect to certain products sold on AdvantageCity's Web site,
the third party vendor may have a standard policy for return of
the products. You should consult with the vendors for their standard
return policy prior to purchasing on AdvantageCity's Web site. In
the event that you wish to return the products purchased on AdvantageCity's
Web site, you must contact the vendor directly for returned merchandize
authorization (RMA) numbers and other procedures. AdvantageCity
is not responsible for any replacement or refund of products sold
on its Web site, nor is AdvantageCity responsible for negotiating
with third party vendors for a refund on behalf of its customers.
LINKS TO THIRD PARTY SITES
AdvantageCity.com sometimes provides access to other World Wide
Web sites from this World Wide Web site. However, we make no attempt
to review the content or materials available at or through such
other World Wide Web sites and such access. AdvantageCity.com in
no way endorses, approves or assumes any responsibility for the
content, materials, products, services or information available
at or through such other World Wide Web sites. AdvantageCity.com
has no responsibility and will not be liable for any document, content
or other materials that may be found at any other World Wide Web
site.
TYPOGRAPHICAL ERRORS
Any document or item of content published at this World Wide Web
site may include technical inaccuracies or typographical errors.
Changes may be periodically made to these documents and items of
content; these changes will be incorporated in new editions of the
documents and such items of content and through updates of this
World Wide Web site. AdvantageCity.com may make improvements and/or
changes in the products, services and/or the programs described
in these documents and items of content at any time without notice.
NONCONFIDENTIALITY OF INFORMATION PROVIDED BY YOU
In the event that any viewer of this World Wide Web site provides
information to or through this World Wide Web site or responds with
information including feedback data, questions, comments, suggestions
or the like regarding the content of such World Wide Web site, such
information shall be deemed to be non-confidential and AdvantageCity.com
shall have no obligation of any kind with respect to such information
and no liability for the security or confidentiality of any such
information and shall be free to reproduce, use, disclose and distribute
the information to others without limitation, unless otherwise agreed
to in writing by AdvantageCity. Further, unless otherwise agreed
to in writing by AdvantageCity, AdvantageCity shall be free to use
any ideas, concepts, know-how or techniques contained in such information
for any purpose whatsoever, including but not limited to, developing
and marketing products and services incorporating such information
and without compensation to the viewer.
LIMITATION ON YOUR USE OF THIS WEB SITE
AdvantageCity will not tolerate, nor will we be responsible or liable
for any data, materials, ideas, images, graphics or other information
that is or could reasonably be deemed to be, in our sole opinion,
derogatory, defamatory, libelous, obscene, inflammatory, infringing,
injurious or otherwise harmful to anyone. You may not utilize this
World Wide Web site to make, create, solicit, transmit, upload or
publish any comment, request, suggestion, proposal, image, data
file, or other communication which: (i) is, or is likely to be perceived
by an intended recipient or target to be, obscene, lewd, lascivious,
filthy, or indecent, with intent to annoy, abuse, threaten, or harass
another person; (ii) violates any rights of others, including but
not limited to, infringement of any proprietary rights, copyrights,
trademarks, patents, or trade secrets; (iii) libels, defames or
slanders any person, or infringes upon any person's privacy rights;
(iv) contains or embodies any computer virus, harmful component
or corrupted data; (v) impersonates any person or entity, including
without limitation AdvantageCity personnel; or (vi) violates any
applicable local, state, national, international or foreign law,
including, but not limited to, laws relating to the export of prohibited
or restricted information to foreign nationals or nations as set
forth in the rules and regulations of the United States Department
of State and the United States Department of Commerce.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation
does not signify our acceptance of your order, nor does it constitute
confirmation of our offer to sell. AdvantageCity reserves the right
at any time after receipt of your order to accept, or decline your
order for any reason. AdvantageCity reserves the right at any time
after receipt of your order, without prior notice to you, to supply
less than the quantity you ordered of any item. We may require additional
verifications or information before accepting any order.
SALES TAXES
AdvantageCity, its vendors and manufacturers, may automatically
charge and withhold the applicable sales tax for your orders. In
the event that AdvantageCity, its vendors or manufacturers do not
charge or withhold the applicable sales tax, each customer shall
be solely responsible for all sales taxes, or other taxes on orders
shipped to such customer.
JURISDICTION AND VENUE
You agree that any legal action brought against AdvantageCity.com
shall be governed by the law of the State of Kentucky without regard
to its conflict of law principles. You agree that the sole jurisdiction
and venue for any litigation arising from your use of or orders
made on the AdvantageCity Web site shall be appropriate federal
or state court located in the Greater Louisville Area.
MODIFICATION OF THESE TERMS AND CONDITIONS
AdvantageCity reserves the right to change the restrictions, terms
and conditions of use as set forth above without notice to its customers.
Therefore, you are encouraged to frequently review these terms and
conditions.
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