Welcome to the “SiteVisor.us” (the “Site”) provided by International Access Corporation (“COMPANY”). This Agreement contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you and your company (hereinafter, “you” (or variants thereof) or “User”) may access and use this Site and the information and materials found on this Site. (Note: International Access Corporation will be hereinafter abbreviated as “IAC”)
Terms and Conditions
By accessing, viewing, or using this Site, you, the User, indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. Please note that COMPANY reserves the right to change the Terms and Conditions under which this Site and its many offerings are extended to you. Your continued use of this Site following reasonable notice of such modifications will constitute your acceptance of such changes. You also agree that notices we may provide on the Site itself shall be deemed reasonable notice for this purpose.
1. Grant of License. This Agreement provides you, the User, with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement. Users may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, all Users warrant to COMPANY that they will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions. To seek permission to use materials and information (including screen-shots of this Site) beyond the scope of the forgoing license, please contact IAC webmaster, who can be reached as follows:
By Phone: 202-223-7040 By Facsimile: 202-296-5373 By e-mail: firstname.lastname@example.org By mail: 1015 18th Street, N.W., Suite 504, Washington, D.C., 20036 Any rights not expressly granted herein are reserved.
2. Intellectual Property Rights. All material contained on this Site, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, COMPANY does not grant any express or implied right(s) to Users of this Site. Please be aware that COMPANY actively and aggressively enforces its intellectual property rights to the fullest extent of the law. COMPANY owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site’s content, as well as certain content. Copyright ? 2005 International Access Corporation. All Rights Reserved. Removing or altering the copyright notice on any material on this Site is prohibited.
The following trademarks: IAC and all other names, logos, and icons identifying COMPANY and/or Company’s products and services are proprietary marks of COMPANY. Other product and company names and/or logos mentioned and displayed herein are trademarks of IAC’s member organizations or of other third-party owners.
3. Copyright and Intellectual Property Agent for Notice. The Site may contain materials posted by third parties. If you believe that any materials on this Site infringe any copyright or other intellectual property interest, please provide COMPANY’S Copyright and Intellectual Property Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property interest that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf. COMPANY’S Copyright and Intellectual Property Agent for Notice of claims of copyright or other intellectual property infringement on the Site is the IAC General Manager, who can be reached as follows:
By Phone: 202-223-7040 By Facsimile: 202-296-5373 By e-mail: email@example.com By mail: 1015 18th Street, N.W., Suite 504, Washington, D.C., 20036
Note: the contact information above is provided exclusively for notifying COMPANY of copyright or other intellectual property infringement. For unrelated inquiries (e.g. requests for general information or technical assistance), please e-mail firstname.lastname@example.org.
5. Products and Services. This Site is designed to provide general information about COMPANY and its products and services. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service.
6. Assumption of Risk. Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While COMPANY has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, COMPANY and its affiliates, and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. The User assumes sole and complete risk for using this Site and must make his or her own determination as to these matters.
7. Enforcing Security. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. COMPANY reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. COMPANY will also comply with all court orders involving requests for such information.
8. Advertisers on this Site. COMPANY, in its sole discretion, may post the advertisements of third parties on this Site. A User’s correspondence or any other dealings with advertisers found on this Site are solely between the User and such advertiser. User agrees that COMPANY shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, User shall not knowingly or intentionally interfere with the display of such advertisements.
9. Links to Other Sites. COMPANY may provide links, in its sole discretion, to other sites on the World Wide Web for the convenience of its Users in locating related information and services. These sites have not necessarily been reviewed by COMPANY and are maintained by third parties over which COMPANY exercises no control. Accordingly, COMPANY expressly disclaims any responsibility for the information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
10. Events Beyond Company’s Control. Users expressly absolve and release COMPANY from any claim of harm resulting from a cause beyond Company’s control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.
11. Accuracy of Material. You understand and acknowledge that material posted on the IAC Web Site, including hyperlinks, may include inaccuracies, typographical errors and/or out-of-date material. You understand, acknowledge, and agree that COMPANY is not responsible for, nor shall it be liable (directly or indirectly) for any inaccuracies, typographical errors and/or out-of-date material. Further, you also understand and acknowledge that material on the IAC Web Site may be changed or revised from time to time without notice.
12. DISCLAIMERS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IAC 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, TITLE AND NON-INFRINGEMENT.
IAC MAKES NO WARRANTY THAT (A) THE INFORMATION SPECIFICALLY AND/OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE, USEFUL, OR ERROR-FREE, (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (C) MATERIAL ACCESSIBLE FROM THE IAC WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MECHANISMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IAC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOUR SOLE REMEDY FOR ANY OF THE FOREGOING IS TO STOP USING THE SERVICE.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY 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. NOTWITHSTANDING THE FOREGOING, TOTAL AGGREGATE LIABILITY OF COMPANY TO USER FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE EXCEED THE TOTAL AMOUNT PAID BY USER TO COMPANY IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
13. Indemnity. You agree to defend, indemnify, and hold harmless COMPANY and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of this Agreement. You agree to cooperate as fully as reasonably required in Company’s defense of any claim. COMPANY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of COMPANY.
14. Submissions. COMPANY welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or other content (collectively, ???content??) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for COMPANY to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You hereby waive any claim to the contrary.
15. Governing Law. This Agreement has been made in, and will be construed and enforced in accordance with the laws of the District of Columbia, as applied to agreements entered into and completely performed in the District of Columbia. Any action to enforce this Agreement will be brought in the federal or state courts presiding in the District of Columbia, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by COMPANY from its offices within the United States. COMPANY makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.
16. Term and Termination. This Agreement will take effect at the time the User begins using this Site (thereby indicating acceptance of these Terms and Conditions). COMPANY reserves the right at any time and for any reason to deny any User access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
17. Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by COMPANY of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
18. Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
19. Relationship. No joint venture, partnership, employment, or agency relationship exists between a User and COMPANY as a result of this Agreement or User’s utilization of this Site.
20. Entire Agreement/Reservation of Rights. These Terms and Conditions represent the entire agreement between the User and COMPANY with respect to use of and material available on or through this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the User and COMPANY with respect to this Site. Any rights not expressly granted herein are reserved.