| Anserv.com Web Site
Terms of Use |
The
Anserv.com Web Site is comprised of various Web pages operated by
Anserv.com. These Web pages will be collectively referred to in
this Agreement as "Anserv.com." . You will need to read
this Agreement in its entirety to review the general provisions
of the Terms of Use.
Anserv.com is offered to you conditioned on your acceptance without
modification of these Terms of Use. Your use of Anserv.com constitutes
your agreement to these Terms of Use. Your use of a particular Anserv.com
Web Site included within, or acceptance of a product, service or
benefit obtained through Anserv.com constitutes your agreement to
these Terms of Use. If you do not have print capability or otherwise
desire to obtain a hard copy of these Terms of Use, please contact
our customer
service.
If any of the terms, conditions, and notices contained herein conflict
with the Additional Terms or other terms and guidelines contained
within or applicable to any particular Anserv.com Web site, service,
product or benefit, then the applicable Additional Terms shall control.
You agree to familiarize yourself with the Terms of Use, including
any Additional Terms, and other terms and guidelines found throughout
Anserv.com and abide by them if you choose to use the site or accept
the products, services, or benefits, to which such terms apply.
Modification of These Terms of Use and Notices
Anserv.com. reserves the right to change the Terms of Use, and any
Additional Terms at anytime, effective upon making the modified
provisions available on Anserv.com. You are responsible for regularly
reviewing these terms and conditions. Continued use of Anserv.com
after any such changes shall constitute your consent to such changes.
Anserv.com does not and will not assume any obligation to notify
you of any changes to the Terms of Use, or Additional Terms.
Acceptable Use Limitation
Your right to use the Anserv.com is personal to you, and your company.
As a condition of your use of Anserv.com , you express to Anserv.com.
that you will not use Anserv.com for any purpose that is unlawful,
or prohibited by these Terms of Use or any Additional Terms (that
may be modified from time to time). You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software,
products, services or benefits obtained from the Anserv.com site,
except as expressly provided herein.
In addition, you may not use the products or services provided through
or in connection with Anserv.com to:
a. defame, abuse, harass, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others;
b. conduct or forward illegal contests, pyramid schemes, chain letters,
unsolicited or unauthorized advertising, promotional materials,
unsolicited e-mail or multi-level marketing campaigns;
c. publish, post, distribute, disseminate or link to any: (i) inappropriate,
profane, defamatory, infringing, obscene, adult content, nude, indecent
or unlawful topic, name, material or information; (ii) software
or other material protected by intellectual property laws, copyright
licenses, rights of privacy or publicity, or other proprietary rights,
unless you own, control such rights or have received all necessary
consents for your use of such software and other materials; (iii)
software or other material that contains viruses, corrupted files,
or that may or are intended to damage the operation of another's
computer;
d. sell, distribute, disseminate or link to any sites for marketing,
sales or distribution of: firearms, explosives, ammunition, liquor,
tobacco products, food that is not packaged or does not comply with
all applicable laws for sale to consumers by commercial merchants,
pharmaceuticals and controlled substances, counterfeit, pirated
or stolen goods, fraudulent goods, any goods or services that infringe
or otherwise violate a third party's rights, registered or unregistered
securities, goods or services that: (i) you cannot legally sell,
(ii) are misrepresented, or would cause Anserv.com. to violate any
law, statute or regulation;
e. harvest or otherwise collect information about third parties,
including e-mail addresses, without the express consent of such
third parties;
f. restrict or inhibit any other user from using and enjoying its
rights in Anserv.com, interfering with or disrupting the Anserv.com
service or servers or networks connected to Anserv.com; or,
g. violate any applicable government laws or regulations.
The information provided by Anserv.com. to you may be proprietary
in nature. You agree not to share any information provided to you
by or on behalf of Anserv.com. with any third party. If you sell
or otherwise distribute goods or services that compete with or may
otherwise serve as a substitute for products or services sold or
otherwise distributed by Anserv.com. via the Anserv.com or offered
by Anserv.com, you may not: (a) use or acquire, or have any other
person use or acquire on your behalf, the products or services of
Anserv.com for which you offer competing or substitute products
or services; or (b) advertise, promote, market or solicit offers
to acquire such competing or substitute products in connection with
your use of Anserv.com.
Anserv.com. is not obligated to monitor the content on Anserv.com.
However, with respect to the use of the products and services offered
on Anserv.com, Anserv.com. reserves the right to disclose any information
or materials as necessary to satisfy any applicable law, regulation,
legal process or government request, or to edit, refuse to post
or to remove any information or materials, in whole or in part,
from the Anserv.com sites, in Anserv.com. sole discretion, without
notice at any time.
Some products and services available through or in connection with
Anserv.com require that you pay a fee. You hereby authorize Anserv.com.
to charge your credit card in advance for all applicable fees incurred
by you or on your behalf in connection with your use of Anserv.com
product or service you have chosen to use. You shall be solely responsible
for all charges, fees, duties, taxes, and assessments arising out
of your use of Anserv.com. Anserv.com. reserves the right to modify
the fees charged for Anserv.com products and services from time
to time, provided that such modifications shall not take effect
earlier than thirty (30) days after Anserv.com. posts such modifications
on the Anserv.com Web site. Amounts not paid by you to Anserv.com.
when due, may bear interest at the lesser of (a) one and one-half
percent (1.5%) per month, and (b) the maximum rate permitted by
applicable law. If you notify Anserv.com. in writing that you are
terminating this Agreement, fees pre-paid by you to Anserv.com.
for Anserv.com products or services will be credited back to your
applicable credit card on a pro-rated basis (except to the extent
such termination is due to your breach of this Agreement) within
forty-five (45) days after receipt of your notice of termination.
Anserv.com. is not required to refund directly to you any amounts
paid hereunder. It is your responsibility to notify Anserv.com if
your credit card has expired and to make changes.
Links within Anserv.com may let you leave Anserv.com. You acknowledge
that the linked sites are not under the control of Anserv.com. and
that Anserv.com. is not responsible for the contents or operation
of such linked sites or any link contained in such linked site,
or any changes or updates to such sites. Anserv.com. is not responsible
for any form of transmission received from any linked site. Anserv.com.
is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Anserv.com. of the linked
site or any association with their operators.
Anserv.com
may contain chat areas, forums, communities, personal and business
web pages, electronic mail postings and/or other messages or communication
facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communications"
) You agree to use Communications only to post, send and receive
messages and material that are proper and related to the particular
Communication, and to comply with all applicable laws and these
Terms of Use. In addition to above acceptable use limitations, you
agree that when using Communications, you will not:
" Advertise or offer to sell or buy any goods or services,
unless such Communication specifically allows such messages;
" Falsify, delete or alter any material, author attributions,
legal or other proper notices or proprietary designations or labels
of the origin or source of material contained in a file that is
uploaded via the Communications;
" Restrict or inhibit any other user from using and enjoying
its rights in the Communication;
" Violate any code of conduct or other guidelines that may
be applicable for any particular Communication;
" Harvest or otherwise collect information about others, including
e-mail addresses, without their express consent;
" Link the Communication to any unsolicited communication sent
to any third party, or otherwise use or mention the Communications
in connection with any such unsolicited communication; or,
" Violate any applicable laws or regulations.
Anserv.com. reserves the right, but is not obligated, to review
materials posted to a Communication Service and to remove any such
materials in its sole discretion, without notice at any time. In
addition, Anserv.com. reserves the right to terminate your access
to any or all of the Communications at any time without notice for
any reason whatsoever. Furthermore, Anserv.com reserves the right
to terminate or change any Communication Service at anytime.
Anserv.com. is not obligated to monitor the Communications. However,
with respect to the use of the Communication Service, Anserv.com.
reserves the right to disclose any information or materials 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, from Communications in Anserv.com.'s
sole discretion.
You acknowledge that Communications are public and not private communications,
therefore your communications may be read by others without your
knowledge. Always use caution when giving out any personally identifying
information about yourself or others in any Communication. Anserv.com.
does not control or endorse the content, messages or information
found in any Communication Service and, therefore, Anserv.com. specifically
disclaims any liability with regard to the Communications and any
actions resulting from your participation in any Communication Service.
Forum managers and hosts of the Communications are not authorized
Anserv.com. agents or spokespersons, are not able to bind Anserv.com.,
nor do their views necessarily reflect those of Anserv.com.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination,
and you are responsible for adhering to such limitations if you
download the materials.
Anserv.com. does not claim ownership of the materials you provide
to Anserv.com. (including feedback and suggestions) or post, upload,
input or submit in connection with your use of Anserv.com or any
web site ("Your Web Site") created by you or on your behalf
in connection with the use of Anserv.com. However, you grant Anserv.com.
a royalty-free license to use (including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate, sublicense and reformat your
Submission, and to publish your name in connection with your Submission)
your Submission only in connection with the operation and promotion
of Anserv.com. You also grant Anserv.com. the right to publish your
name in connection with any such communication. No compensation
will be paid or due you with respect to Anserv.com.'s or its sub
licensee's use of the materials as licensed above. Anserv.com. is
under no obligation to post or use any materials you may provide,
and may remove such materials at any time in Anserv.com.'s sole
discretion. By posting messages, uploading files, inputting data,
submitting any feedback or suggestions, or engaging in any other
form of communication with or through any Anserv.com Web Site, you
warrant and represent that you own or otherwise control the rights
necessary to do so and to grant Anserv.com. the license set forth
above, and you will defend and indemnify Anserv.com. and its suppliers
from any third party claim related to a breach of any of the foregoing
representations or warranties.
The
information, software, products, services and other material included
in or available through the Anserv.com may not be complete, and
may include inaccuracies or errors, and may also be modified or
deleted from time to time. Advice, information, products, services
or other materials received via Anserv.com should not be relied
upon for personal, medical, legal, business, financial or other
decisions and is not intended to replace the advice of appropriate
and qualified professionals. You acknowledge that you should consult
an appropriate professional for specific advice tailored to your
situation. Your use of Anserv.com, and products and services of
Anserv.com, is at your own risk. Anserv.com., and its members and
sponsors, will not be liable for any damage, loss or disclosure
of information, data, revenue, accounts or business that occurs
in connection with your use of Anserv.com, or such products or services.
Anserv.com makes no guarantees of any kind regarding the dependability,
accuracy, security, timeliness or availability of Anserv.com, or
such products or services. Without limiting the foregoing, Anserv.com.
MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY,
RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS
CONTAINED IN Anserv.com FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. Anserv.com. AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL Anserv.com BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY 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 Anserv.com OR RELATED SERVICES, WITH
THE DELAY OR INABILITY TO USE Anserv.com OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
Anserv.com , OR OTHERWISE ARISING OUT OF THE USE OF Anserv.com,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF Anserv.com. 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 Anserv.com, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING Anserv.com AND ITS RELATED SERVICES.
You agree to defend, indemnify and hold Anserv.com. harmless from
and against any and all claims, losses, liability costs and expenses
(including but not limited to attorneys' fees) arising from your
violation of these Terms of Use (including, without limitation,
violation of applicable Additional Terms of Use), or any third-party's
rights, (including, without limitation, infringement of any copyright,
violation of any proprietary right and invasion of any privacy rights).
These obligations will survive any termination of your relationship
with Anserv.com. or your use of Anserv.com.
Anserv.com. reserves the right to deny in its sole discretion any
user access to Anserv.com or any portion thereof without notice.
You are responsible for safeguarding the confidentiality of your
password(s) and user name(s) issued to you by Anserv.com. and for
any use or misuse of your account or Anserv.com resulting from any
third party using a password or user name issued to you.
Anserv.com. may terminate this Agreement and your access to Anserv.com
(in whole or in part) at any time, with or without cause, and with
or without notice. Anyone determined by Anserv.com. to have violated
these Terms of Use or any Additional Terms may be barred from using
Anserv.com, or from receiving any products, services or benefits
from Anserv.com.
This Agreement is governed by the laws of the State of Virginia,
U.S.A. You hereby consent to the jurisdiction of and venue in courts
located in Hayes, Virginia, U.S.A. in all disputes arising
out of or relating to the use of Anserv.com. In addition, you hereby
consent to the exclusive jurisdiction of and venue in such courts
for any action commenced by you against Anserv.com. Use of Anserv.com
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 Anserv.com.
as a result of this Agreement or use of Anserv.com. Anserv.com.'s
performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation
of Anserv.com.'s right to comply with governmental, court and law
enforcement requests or requirements relating to your use of Anserv.com
or information provided to or gathered by Anserv.com. 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
Anserv.com. with respect to Anserv.com and it supersedes all prior
communications and proposals, whether electronic, oral or written,
between the user and Anserv.com. with respect to Anserv.com. 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. You may not
rent, lease, license, grant a security interest in, or otherwise
transfer or sublicense your rights hereunder to any third party.
Copyright and Trademark Notices
All contents of Anserv.com are: Copyright (c) 2000 - 2008 Anserv.com,
10051 Maryus Road, Hayes, VA 23072 U.S.A. All rights reserved.
For Information Regarding the Anserv.com Privacy Policy See our
Privacy Policy
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