Terms of Use
(Version 1.0 - Last updated August 1, 2003)
IMPORTANT! THESE TERMS AND CONDITIONS (THESE
"TERMS AND CONDITIONS") GOVERN THE USE OF THE IT TECHNOVATIONS
WEB SITE (THE "WEB SITE") BY YOU AND YOUR EMPLOYEES AND
AGENTS (COLLECTIVELY REFERRED TO AS "YOU"). BY USING THE
WEB SITE, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED
TO IN THESE TERMS AND CONDITIONS. IT TECHNOVATIONS (THE "COMPANY")
RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME
IN ITS SOLE DISCRETION. YOUR USE OF THE WEB SITE AFTER SUCH CHANGES
ARE POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY.
- Scope. These Terms and Conditions govern
your use of the Web site. These Terms and Conditions, however,
do not apply to the Company’s products or services, which are
the subject of separate agreements.
- Permitted Use.You have a nonexclusive,
nontransferable, limited, revocable right to use the Web site
solely for your informational use in evaluating the Company and
its products and services. You may not use the Web site for any
other purpose without the Company’s express prior written consent,
including, without limitation, any commercial purpose. For example,
You may not authorize any other person or entity ("Person")
to (i) frame the Web site or any portion thereof (whereby the
Web site or a portion thereof will appear on a user’s screen with
a portion of another Web site, or with content or advertising
of any Person without the Company’s consent), or (ii) Co-brand
the Web site or any portion thereof. "Co-branding" means
the display of a name, logo, trademark, or other means of attribution
or identification of any Person in such a manner reasonably likely
to give a user of the Web site the impression that such the Person
is associated or affiliated with the Company, or has the right
to display, publish, transmit or distribute the Web site or content
accessible within the Web site. In addition, you may not authorize
any Person to link to any part of the Web site without the Company’s
prior written consent. You agree to cooperate with the Company
in causing any unauthorized framing, Co-branding, and linking
or similar activity to immediately cease. You may not take any
action that violates our Acceptable
Use Policy.
- Proprietary Information. You acknowledge
and agree that as between the Company and You, the Company is
the owner of all right, title and interest in the Web site and
all content accessible within the Web site (the "Content"),
including, without limitation, all trademarks, service marks,
trade names, patent rights, copyrights, and other intellectual
property or proprietary rights with respect thereto. You will
not reproduce, transmit, publish or distribute sublicense or otherwise
transfer or make available to others, or edit, modify or create
any derivative works of all or any part of the Web site or the
Content, without the express written consent of the Company, other
than limited printed copies of materials that you may need for
Your own use and that contains all of the Company’s copyright
and other notices.
- Disclaimer. You will have access to a
variety of third-party sources of content through the use of the
Web site and the Internet. The Company has made no effort to verify
the accuracy or suitability of any information contained in any
such sources, including, without limitation, any other Web site
that you can link to from the Web site. Accordingly, the Company
has no liability or responsibility whatsoever for any content
provided by any other Person contained on or obtained through
the Web site. You acknowledge and agree that any access, use or
reliance on any such third party content is at Your own risk.
You understand that, except for information, products or services
clearly identified as being supplied by the Company, the Company
does not operate, control or endorse any information, products
or services of any other Person on the Web site or the Internet
in any way. You also understand and agree that the Company does
not guarantee or warrant that files available for downloading
from the Web site or through the Internet will be free of infection
or viruses, worms, Trojan horses or other malicious code that
may adversely effect You, Your computer or computer systems, or
Your data or files. In addition, You are responsible for implementing
sufficient procedures and checkpoints to satisfy Your particular
requirements for accuracy of data input and output, and for maintaining
a means external to the Web site for the reconstruction of any
lost data. ACCESS TO AND YOUR USE OF THE WEB SITE AND ANY INFORMATION
OR SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS."
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH RESPECT
TO YOUR USE OF THE WEB SITE OR THE CONTENT CONTAINED THEREIN,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING
THROUGH COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND THE COMPANY
HEREBY DISCLAIMS THE SAME.
- Privacy Policy. The Company collects,
stores and uses data collected from You in accordance with the
Company’s Privacy Policy.
- Limitation on Liability. THE COMPANY,
ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME,
PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN
IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS AND DIRECTORS TO YOU OR ANY OTHER PERSON (REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY
OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE
OR STRICT LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID
TO THE COMPANY TO USE THE WEB SITE AS PROVIDED IN THESE TERMS
AND CONDITIONS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH
LIABILITY AROSE.
- Indemnity.You will indemnify and hold
the Company, its licensors, content providers, service providers,
employees, agents, officers, directors and contractors (the "Indemnified
Parties") harmless from Your breach of any of these Terms
And Conditions or any other terms, conditions, policies or procedures
contained on the Web site, including, without limitation, any
use of Content other than as expressly authorized in these Terms
and Conditions. You agree that the Indemnified Parties will have
no liability in connection with any such breach or unauthorized
use, and You agree to indemnify and hold harmless the Indemnified
Parties from any and all resulting loss, damages, judgments, awards,
costs, expenses, and attorneys’ fees in connection therewith.
You will also indemnify and hold the Indemnified Parties harmless
from and against any claims brought by third parties arising out
of Your use of the information accessed from the Web site.
- Trademarks. IT Technovations® is a registered
trademark, and the IT Technovations logo and other IT Technovations
marks appearing on the Web site are either registered or unregistered
trademarks of the Company. Other trademarks, service marks and
logos appearing in this Web site are the property of either the
Company, its content providers or other third parties. The Company,
its content providers and such third parties retain all rights
with respect to any of their respective trademarks, service marks
or logos.
- Miscellaneous.
a. |
Headings, The headings of sections
of these Terms and Conditions are for ease of reference only
and shall not be admissible in any action to alter, modify
or interpret the contents of any section hereof.
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b. |
Governing Law and Jurisdiction, The
validity and effect of these Terms and Conditions shall be
governed by and construed and enforced in accordance with
the laws of the State of Georgia, without regard to its conflicts
of laws principles. The parties expressly disclaim application
of the United Nations Convention on Contracts for the International
Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE
WEB SITE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING
ANY OTHER POLICY OR PROCEDURE OF THE COMPANY REGARDING USE
OF THE Web site, MUST BE BROUGHT IN A STATE OR FEDERAL COURT
LOCATED IN FULTON COUNTY, GEORGIA, AND YOU HEREBY IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE
APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING;
AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER
HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR
PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION
OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN
BROUGHT IN AN INCONVENIENT FORUM. |
c. |
Entire Agreement; Amendments.These
Terms and Conditions, together with the Acceptable Use Policy
and the Privacy Policy, supersede any prior discussions, negotiations
and agreements between the parties with respect to the subject
matter hereof, and these Terms and Conditions, together with
the Acceptable Use Policy and the Privacy Policy, constitute
the sole and entire agreement between the parties with respect
to the matters covered hereby. |
d. |
Severability.The provisions of
these Terms and Conditions may be exercised and are applicable
and binding only to the extent that they do not violate any
applicable laws and are intended to be limited to the extent
necessary so that they will not render these Terms and Conditions
illegal, invalid or unenforceable. If any provision or portion
of any provision of these Terms and Conditions are held to
be illegal, invalid or unenforceable by a court of competent
jurisdiction, the remaining provisions or portions thereof
shall apply with respect to the subject matter hereof, and
all such remaining provisions or portions thereof shall remain
in full force and effect.
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e. |
Waiver. No failure or delay on
the part of the Company to exercise any right or remedy hereunder
shall operate as a waiver thereof, nor shall any single or
partial exercise of any right or remedy by the Company preclude
any other or further exercise thereof or the exercise of any
other right or remedy. No express waiver or assent by the
Company to any breach of or default in any of these Terms
and Conditions shall constitute a waiver of or an assent to
any succeeding breach of or default in the same or any other
term or condition hereof. |
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