Access to the IMS Web Site(s) or use of the
materials contained herein is subject to the terms and conditions as stated
below. Individuals who access this site or access or use materials contained herein
in
violation of these terms and conditions, shall be subject to civil or
criminal liability and will be prosecuted to the fullest extent of the law.
Terms and Conditions:
OWNERSHIP
Unless
otherwise expressly noted, this internet site (the "Site"), and all
information, forms, files, documents, materials, software, computer
programming code and data or information set forth herein (collectively the
"Materials"), and all products or services (the
"Services") provided through or in connection herewith are
proprietary and are the sole and exclusive property of Integrated Marketing
Solutions, Inc. ("IMS")
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ACCEPTANCE
OF TERMS
By
accessing this site, you (the "User") agree to be subject to and
bound by the Terms of Use as set forth herein and as modified from time to
time hereafter by IMS in its sole discretion. User's access and/or use of
specific Materials or Services shall, in addition, be subject to all posted
rules or guidelines which may be applicable thereto, each of which is hereby
incorporated herein by this reference.
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BREACH
Any
breach of any of the Terms of Use applicable to this Site or any of the
Materials or Services provided herein shall automatically terminate the User's
right to access and use of this Site. In the event of a breach, User shall cease
all efforts to access this Site, cease use of all Services provided through this
Site, and shall immediately destroy any Materials which have been downloaded or
printed from the Site.
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COPYRIGHT;
LIMITED LICENSE
The
Materials and Services on this Site are protected by copyright and/or other
intellectual property laws. Any unauthorized use of the Materials or Services at
this Site may violate such laws and is strictly prohibited. Except as is
expressly provided herein, neither IMS nor its suppliers grant User any express
or implied right or license to use any patent, copyright, trademark, or trade
secret which relates to or is in any way connected with this Site, or any
Materials or Services available as provided herein.
Except
as specifically permitted herein, no portion of the Materials on this Site may
be reproduced in any form or by any means without the prior written permission
by IMS.
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USE
OF SOFTWARE
Any
computer software programs and accompanying documentation that are made
available to User to download from this Site are copyrighted works of IMS
and/or its suppliers. The use of such software is governed by the terms of
each end user license agreement that accompanies or is included with such
software. No software that is accompanied by or includes an end user license
agreement shall be downloaded from this Site unless User has agreed in advance
and in writing to the terms of such end user license agreement. Absent an
express written agreement, User shall not use the software and may not
decompile, reverse engineer or otherwise attempt to discover the source code
of the software available on the Site.
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USE
OF SITE INFORMATION
Except
as otherwise expressly authorized, User may view, and if allowed, download
and/or print the documents and information available on this Site subject to
the following conditions:
-
The
documents and information may be used solely for personal, informational,
internal, non-commercial purposes.
-
The
documents and information may not be modified or altered in any way.
-
The
documents and information on the Site may not be distributed.
-
User
may not remove any copyright or other proprietary notices contained in the
documents and information.
The
rights granted above constitute a nonexclusive license and shall not be deemed
or construed to be a transfer of title. The rights specified above to view,
download and/or print the documents and information available as allowed on
this Site are not applicable to the design or layout of this Site. Elements of
this Site are protected by trademark, copyright, patent, and other laws and
may not be copied or imitated in whole or in part. IMS reserves the right to
revoke the authorization to view, download and print the documents and
information available on this Site at any time, and any such use shall be
discontinued immediately upon written notice from IMS.
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WARRANTIES AND DISCLAIMERS
Except as otherwise
expressly provided by written agreement between user and IMS, all material and
services on this site are provided "AS IS" without warranty of any kind,
either express or implied, including, but not limited to, any warranty of non-infringement;
any implied warranties of merchant ability or any implied warranty of fitness for any
particular purpose or use. Without limiting the foregoing, IMS makes no warranty or representation that
-
The services and materials
will substantially meet user's requirements,
-
The services and materials
will be uninterrupted, timely, secure, or error-free,
-
The results that may be
obtained from the use of the service or materials will be effective, accurate or reliable,
-
The quality of any products
services or information purchased or obtained by user from the site will meet user's expectations, or
-
That any errors in the software
obtained from the site will be corrected.
This site could include technical or
other mistakes, inaccuracies or typographical errors. IMS may make changes to the materials and
services listed herein, at any time without notice. The materials and services at this site
may be out of date, and IMS makes no commitment to update such material or services.
IMS
assumes no responsibility for errors or omissions in the information, documents, software,
materials and/or services which are referenced by or linked to this site. References to other
corporations, their services and products, are provided "AS IS" without warranty of
any kind, either express or implied.
In no event shall IMS or its suppliers
be liable to user or any third party for any special, incidental, indirect or consequential damages
of any kind, or any damages whatsoever, including without limitation, those resulting from loss of use,
data or profits, whether or not IMS has been advised of the possibility of such damages, or on any theory
of liability, arising out of or in connection with the use of this site, the materials or of any web
site referenced or linked to and from this site.
The downloading or other acquisition of any
materials or services through the site is done at user's discretion and risk. User shall be solely
responsible for any damage to user's computer system or loss of use, data or profits that results from
the downloading or acquisition of any such materials or services. No advice or information, whether oral or
written, obtained by user from IMS or through or from the site shall create any warranty not expressly
stated in the terms or use.
The site contains links to third-party web
sites that are not under the control of IMS. IMS makes no representations or warranties whatsoever about
any other web site to which user may have access through this site. When use accesses an non-IMS web site,
user does so at user's own risk and IMS is not responsible for the accuracy or reliability of any information,
data, opinions, advice or statements made on these sites for the quality of any products or services available
on such sites. IMS provides these links solely as a convenience and the inclusion of such links does not imply
that IMS endorses or accepts any responsibility for the content or uses for such web sites.
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CONFIDENTIAL
INFORMATION; PRIVACY
IMS
does not want to receive confidential or proprietary information from User
through the Site. Therefore, except as is otherwise expressly agreed in
writing, information or material sent to IMS will be deemed NOT to be
confidential. By sending IMS any information or materials, User grants IMS an
unrestricted, irrevocable license to use, reproduce, display, perform, modify,
transmit and distribute those materials or information, and agrees that IMS is
free to use any ideas, concepts, know-how or techniques contained in such
information or materials sent to us for any purpose. IMS will not, however,
release User's name or otherwise publicize the fact that User submitted
materials or other information to IMS unless:
-
User
grants IMS permission to do so,
-
IMS
first notifies User that the materials or other information User submitted
will be published or otherwise used with User's name on it; OR
-
IMS
is required to do so by law.
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COPYRIGHT
INFRINGEMENT
Any
use of this Site which infringes the intellectual rights of IMS or third
parties is strictly prohibited. IMS will immediately terminate the accounts of
Users who admit to or are adjudicated to have
infringed the intellectual property rights or others.
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EXPORT
CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS
The
export and re-export of IMS software products are subject to the Untied States
Export Administration Regulations, and such software may not be exported or
re-exported to any country to which the United States embargoes goods. In
addition, IMS software may not be distributed to persons on the Denied Persons
List, the Entity List maintained by the U.S. Department of Commerce, or the
List of Specifically Designated Nationals and Blocked Persons maintained by
the Department of Treasury (collectively, the "Lists"). By accessing
or downloading any Materials, User certifies that User is not a national of
any country to which the United States embargoes goods and that User is not a
person on the Lists.
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INDEMNITY
User
agrees to indemnify and hold IMS and its subsidiaries, affiliates and their
respective shareholders, officers, directors, agents and employees harmless
from any and all loss, damage or expense, including reasonable attorney's fees
arising out of or in any way connected with any claim, demand, cause of action
suit made, asserted or filed by any third party to the extent it is caused by
or arises from or is in any way connected with content User submits, post to
or transmits through the Site, User's use of the Site, User's connection to
the Site, User's violation of the Terms of Use, or User's violation of any
rights of another person or entity.
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GOVERNING
LAW AND JURISDICTION
This
Site (excluding linked sites) is controlled by IMS from its offices within,
the State of Nebraska, United States of America. By accessing this Site, User
agrees that all matters relating to User's access to, or use of, this site
shall be governed by the statues and laws of the State of Nebraska, without
regard to the conflicts of laws principles thereof. User also agrees and
hereby submits to the exclusive personal jurisdiction and venue or the
District Court of Lancaster County, Nebraska and the United States District
Court for the District of Nebraska with respect to such matters. IMS makes no
representations or warranties that Materials on this Site are appropriate or
available for use in other locations, and accessing them from territories
where there contents are illegal is prohibited. Those who choose to access
this Site from other locations do so on their own initiative and are
responsible for compliance with local laws.
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TRADEMARK
INFORMATION
The
trademarks, logos and service marks ("Marks") displayed on this Site
are the property of IMS or other third parties. User is not permitted to use
the Marks without the prior written consent of IMS or such third party which
may own the Marks. IMS and the IMS logo are trademarks of Integrated Marketing
Solutions, Inc.
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©2009 Integrated Marketing Solutions, Inc.
