Agreement
between user and Authentic-ID.com
The
Authentic-ID website is comprised of various web pages operated
by Acendi Interactive.
The Authentic-ID website is offered to you conditioned on
your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the Authentic-ID
website constitutes your agreement to all such terms, conditions,
and notices.
Modification
of these terms of use
Acendi
Systems reserves the right to change the terms, conditions,
and notices under which the Authentic-ID website is offered,
including but not limited to the charges associated with
the use of the Authentic-ID website.
Links
to third party sites
The
Authentic-ID website may contain links to other websites
("Linked Sites"). The Linked Sites are not under the control
of Acendi Interactive and Acendi Interactive is not responsible
for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates
to a Linked Site. Acendi Interactive is not responsible for
webcasting or any other form of transmission received from
any Linked Site. Acendi Interactive is providing these links
to you only as a convenience, and the inclusion of any link
does not imply endorsement by Acendi Interactive of the site
or any association with its operators.
No
unlawful or prohibited use
As
a condition of your use of the Authentic-ID website, you
warrant to Acendi Interactive that you will not use the Authentic-ID
website for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the
Authentic-ID website in any manner which could damage, disable,
overburden, or impair the Authentic-ID website or interfere
with any other party's use and enjoyment of the Authentic-ID
website. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made
available or provided for through the Authentic-ID websites.
Use
of communication services
The
Authentic-ID website may contain bulletin board services,
chat areas, news groups, forums, communities, personal web
pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the
public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services
only to post, send and receive messages and material that
are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not:
Acendi
Systems has no obligation to monitor the Communication Services.
However, Acendi Interactive reserves the right to review materials
posted to a Communication Service and to remove any materials
in its sole discretion.
Acendi
Systems reserves the right to terminate your access to any
or all of the Communication Services at any time without
notice for any reason whatsoever. Acendi Interactive reserves
the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part,
in Acendi Interactives' sole discretion.
Always
use caution when giving out any personally identifying information
about yourself or your children in any Communication Service.
Acendi Interactive does not control or endorse the content,
messages or information found in any Communication Service
and, therefore, Acendi Interactive specifically disclaims any
liability with regard to the Communication Services and
any actions resulting from your participation in any Communication
Service. Managers
and hosts are not authorized Acendi Interactive spokespersons,
and their views do not necessarily reflect those of Acendi
Systems.
Materials
uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination.
You are responsible for adhering to such limitations if
you download the materials.
Materials
provided to Acendi Interactive or posted at any Authentic-ID
website
Acendi
Systems does not claim ownership of the materials you provide
to Acendi Interactive (including feedback and suggestions) or
post, upload, input or submit to any Authentic-ID website
or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Acendi Interactive,
its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation
of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection
with your Submission.
No
compensation will be paid with respect to the use of your
Submission, as provided herein.Acendi
Systems is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time
in Acendi Interactives' sole discretion.
By
posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described
in this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit
the Submissions.
Liability
disclaimer
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE AUTHENTIC-ID WEBSITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. ACENDI AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE AUTHENTIC-ID
WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE AUTHENTIC-ID
WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ACENDI
SYSTEMS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE AUTHENTIC-ID
WEBSITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND. ACENDI AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL ACENDI AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
AUTHENTIC-ID WEBSITE, WITH THE DELAY OR INABILITY TO USE
THE AUTHENTIC-ID WEBSITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE AUTHENTIC-ID WEBSITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE AUTHENTIC-ID WEBSITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF ACENDI OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE AUTHENTIC-ID WEBSITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE AUTHENTIC-ID WEBSITE.
Service
Contact: support@acendi.com
Termination/access
restriction
Acendi
Systems reserves the right, in its sole discretion, to terminate
your access to the Authentic-ID website and the related
services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of California, U.S.A.
and you hereby consent to the exclusive jurisdiction and
venue of courts in San Francisco County, California, U.S.A.
in all disputes arising out of or relating to the use of
the Authentic-ID website. Use
of the Authentic-ID website is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment,
or agency relationship exists between you and Acendi Interactive
as a result of this agreement or use of the Authentic-ID
website.
Acendi
Systems' performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement
is in derogation of Acendi Interactives' right to comply with
governmental, court and law enforcement requests or requirements
relating to your use of the Authentic-ID website or information
provided to or gathered by Acendi Interactives' with respect to
such use. If any part of this agreement is determined to
be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue
in effect.
Unless
otherwise specified herein, this agreement constitutes the
entire agreement between the user and Acendi Interactive with
respect to the Authentic-ID website and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Acendi
Systems with respect to the Authentic-ID website. A printed
version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents
and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement
and all related documents be drawn up in English.
Copyright
and trademark notices
All
contents of the Authentic-ID website are Copyright ©
2006 Acendi Corporations and/or its suppliers. All rights
reserved. Authentic-ID is a trademark of Acendi Corporation.
The names of actual companies and products mentioned herein
may be the trademarks of their respective owners. Any rights
not expressly granted herein are reserved. Notices and procedure
for making claims of copyright infringement Pursuant to
Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States copyright
law should be sent to Service Provider's Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE.