IMPORTANT: READ CAREFULLY
By accessing or using this web
This is a legal agreement (the
"Agreement") between you, the user, and Loginetics, Inc.
1. RIGHTS, RESPONSIBILITIES. Loginetics grants you a
non-transferable, non-exclusive license to access this web site and to view
and download information contained at this web site (collectively, the
"Site"), solely for your own personal, non-commercial use,
subject to your ongoing compliance with all terms of this Agreement. You
agree to be responsible for all access of this Site by your equipment or
account, whether by you or others. You are also solely responsible for
providing and maintaining all equipment, software and services needed to
access and use the Site. You agree not to use the Site for any unlawful
purpose. You agree not to rent, retransmit, disclose, publish, sell,
assign, lease, sublicense, market, or transfer the Site or use it in any
manner not expressly authorized by this Agreement. You agree not to copy,
reverse engineer, translate, port, modify or make derivative works of the
Site. You agree not to use the Site to operate a service bureau or for any
other use involving the processing of data of other persons or entities.
You do not receive any, and Loginetics retains all, ownership rights in the
2. EXCLUSION OF
WARRANTY, LIABILITY. The Site is provided to you on an "AS IS" and "WITH
ALL FAULTS" basis. You assume the entire risk of loss in using the
Site. The Site may contain inaccuracies, omissions, errors or other
defects. Loginetics and its suppliers do not warrant that the Site will
meet your needs or expectations, that the Site will be error free or
uninterrupted, that errors can or will be corrected, that the Site is
reliable or timely, or that any information on the Site will provide any
particular results or usefulness. Loginetics and its suppliers reserve the
right to make changes and improvements to, or discontinue, the Site or any
part thereof. Further, Loginetics does not represent that the Site is
appropriate or authorized for use in all countries, states, counties or
other jurisdictions; accordingly, you are responsible for compliance with
all applicable laws in accessing the Site.
LOGINETICS AND ITS
SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AND
ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE,
NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL
LOGINETICS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS
INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL,
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST
PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS,
LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST, DAMAGED OR
MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS, INTERRUPTIONS, OR
COMPUTER VIRUSES), IRRESPECTIVE OF WHETHER LOGINETICS OR ITS SUPPLIERS HAVE
BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH
DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE
INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY,
DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER
TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSION OR
LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON
WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT
LOGINETICS AND ITS SUPPLIERS' LIABILITY SHALL NOT EXCEED $1 U.S. Some
states do not allow the exclusion or limitation of incidental or
consequential damages or the limitation of duration of an implied warranty,
so the limitation or exclusion herein may not apply to you. This warranty
shall not be applicable to the extent that any provision of this warranty
is prohibited by any federal law, or by any state or local law which cannot
be preempted. This warranty gives you specific legal rights, and you may
also have other rights which vary from state to state.
You agree not to submit to the Site any information that infringes upon or
violates the privacy, rights, trademarks, copyrights or other intellectual
property rights of others, anything that is illegal, defamatory, obscene,
harassing, offensive, objectionable or sexually explicit, that encourages a
violation of the law, that contains a virus, that is off-topic, or, without
Loginetics permission, that contains any solicitation or advertising. You
agree to indemnify and hold harmless Loginetics from any damages and costs,
including without limitation court costs and attorneys' fees, arising from
your use of the Site. By submitting information to the Site, you grant
Loginetics the royalty-free, perpetual, irrevocable, non-exclusive right to
use, edit, copy, modify, adapt, combine, incorporate, publish, publicly
perform, translate and distribute all or part thereof in any form and for
any purpose whatsoever, and you also permit other users of the Site to use
that information subject to the rules of the Site. Loginetics shall have
the right, but not be obligated to, monitor the Site to determine users'
compliance with this Agreement and applicable laws. Loginetics shall have
the right in its sole discretion to not publish or remove any submitted
4. THIRD PARTY
The Site may contain information submitted by third parties, including
without limitation users and suppliers, and may also contain links to third
party sites. Those third parties are solely responsible for the content,
accuracy and originality of the information they submit. Loginetics has no
more control over such third party content than does a public library,
newsstand, or bookstore, and Loginetics is not responsible for such third
party content. Loginetics does not evaluate or endorse any third party
information. It is your responsibility to evaluate all information provided
on the Site, or to obtain specific professional advice.
This Site compilation and all portions authored by Loginetics are Copyright
© 1999 Loginetics, Inc., Knoxville, Tennessee. All rights reserved.
Portions of the Site authored by third parties who have licensed their
material to Loginetics are owned by those respective third parties. You
agree not to alter or remove any copyright notice or proprietary legend at
Various products or names
on this site may be the trademarks of their respective owners.
6. MISCELLANEOUS. This is the exclusive and
entire Agreement between Loginetics and you regarding its subject matter.
You may not assign any part of this Agreement without Loginetics' prior
written consent. This Agreement shall be governed by the internal laws of
Tennessee without reference to choice of law principles. Loginetics may
terminate or restrict your use of the Site at any time without notice if
Loginetics believes you have not fully complied with this Agreement.
Further, either party may terminate this Agreement at any time without
cause; upon termination for any reason, your obligations under this
Agreement shall continue, except that you agree to no longer access or use
the Site. You consent to exclusive jurisdiction and venue in the courts of
Knox County, Tennessee for all matters arising out of or related to this
Agreement or the Site. You understand that Loginetics may comply with law
enforcement requests or subpoenas regarding your use of the Site.
Loginetics reserves the right to modify the terms of this Agreement at any
time by posting the new terms on the Site, which modifications shall take
place immediately. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any prior or subsequent breach
or default. If any provision of this Agreement is declared invalid or
unenforceable, the remaining provisions of this Agreement shall remain in
effect and the invalid or unenforceable provision shall be replaced by a
valid, enforceable provision that effectuates the intent of the original
provision. Loginetics' suppliers, licensors, affiliates, subsidiaries,
employees and agents shall be third party beneficiaries of Loginetics's
rights under this Agreement. All rights not granted expressly by this
Agreement are reserved.
7. SPECIAL PROVISIONS
All information provided by third party licensors falls under Section 2
guidelines above and by using those services you agree to the clauses as
found in Section 2. Where warranties differ, a separate disclaimer/license
will appear on the third party licensor supplied pages. Use of those pages
constitutes acceptance of both the Section 2 license above and the third
party licensor's disclaimer/license.
protection and security of your account information, and any other
information that is personally identifiable, is of utmost importance.
Personally identifying information from users is collected only when the
user fills out the registration form, or in other site locations when users
knowingly submit such information to Loginetics (for example, when
purchasing goods or services). When you obtain services or purchase
goods from the Site, the information you submit may be provided to a third
party supplier in order to successfully provide you with the services or
goods you have ordered.
We may disclose to third
parties certain aggregate information contained in your registration data
or related data, provided that, such information will not include personally
identifying information, except as specifically authorized by you or in the
good faith belief that such action is reasonably necessary to comply with
the law, legal process, or to enforce the Agreement.
Loginetics may send you
emails regarding special offers available or other useful information. If
you do not wish to receive these emails, you may send us an email asking
not to receive emails.
As do most major web
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to manually reenter the information stored on your hard drive. Cookies also
help Loginetics upgrade the Site by showing when and how users utilize the
Cookies do not by
themselves contain any personally identifying information, but may be
combined by Loginetics with other personally identifying information
already submitted. Some third parties on the Site (such as advertisers) may
send cookies to your hard drive, and such third party cookies are subject
to the policies of those third parties.
Your web browser in its
default mode probably accepts cookies from this Site and all others. If you
wish, you can usually change the setting so that cookies are not accepted
by your browser. However, the Site may not function correctly.