Rules of The Road
YOUR USE OF THIS WEB SITE IS
SUBJECT TO THE FOLLOWING TERMS AND
CONDITIONS. YOUR CONTINUED USE OF THIS WEB SITE SIGNIFIES YOUR
ACCEPTANCE
OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE
TERMS
AND CONDITIONS, YOU MAY NOT USE THIS WEB SITE.
- License to Use. AWIB grants you a limited, revocable,
non-exclusive, non-transferable license to access, display, download
and
make a single copy of this web site, including without limitation, any
content, materials and information made available on and accessible
through the web site (collectively, the "AWIB Site"), for your personal
use only.
- Restrictions on Use: You agree to comply with all rules and
restrictions
displayed on the AWIB Site. You may not access,
display, download, copy, perform, publish, transmit, distribute, sell,
transfer, modify, create derivative works from or in any way exploit
the
AWIB Site or any portion thereof, except as necessary to access,
display,
download and make a single copy of the AWIB Site, for your own personal
use. You may not upload, post, copy, display, perform, publish,
transmit,
distribute or submit on or through the AWIB Site any content, materials
or
information which (1) are obscene, pornographic, profane, sexually
explicit or indecent, (2) slander, libel or defame any person, company
or
group, (3) offend, annoy, inflame, threaten, abuse or otherwise harm
any
person, company or group, (4) constitute or contain false or misleading
statements of fact or indications of origin, (5) infringe, violate,
dilute
or unfairly interfere with the copyright, patent, trademark, privacy,
publicity, or other proprietary or contractual rights of any third
party,
(6) contain a virus, timebomb or other harmful code, or (7) violates
any
federal, state or local ordinances, regulations or laws.
- Responsibility for Communications. You are solely responsible for
the
nature, content and effects of any statements, messages, files,
content,
materials or information you upload, post, copy, display, perform,
publish, transmit, distribute or submit on or through the AWIB Site
(collectively, the Communications).
- Not a Publisher. AWIB does
not control, and disclaims any responsibility for, the availability,
timeliness, suitability, appropriateness, completeness or accuracy of
any
Communications made by you or by other users of the AWIB Site (e.g.,
data
inputted by users into the AWIB database). You agree that any use of or
reliance upon any Communications you access on or through this AWIB
Site
shall be at your sole risk. AWIB cannot and does not review all
Communications made on or through the AWIB Site. AWIB nevertheless
reserves the right, but has no obligation, to correct, clarify, modify
or
remove Communications that AWIB, in its sole discretion, finds
objectionable or inappropriate.
- Ownership of Content. All content, materials and information
available on
and accessible through the AWIB Site, including without limitation, any
text, data, art, photographs, images, graphics, designs, formats, audio
clips, video clips, code, databases, and software (collectively, the
Content), are owned or controlled by AWIB or certain third party
providers. The AWIB Site and the Content are protected by copyright
pursuant to the copyright laws of the United States and other
countries,
and by international conventions and other applicable laws. You
acknowledge that AWIB or the applicable third party providers shall
retain
all right, title and interest in and to the Content, including without
limitation, all copyright, patent, trademark and other proprietary
rights
thereto.
- Links to Other Sites. The AWIB Site may contain links, markers
and
pointers to other web sites and other areas of the Internet operated by
third parties. Such links, markers and pointers do not constitute an
endorsement by AWIB of such web sites or areas of the Internet or of
any
other third party products or services.
- Modifications to Site. AWIB may modify,
suspend or discontinue any feature, function, area, component or
portion
of the AWIB Site at any time, without notice or liability. AWIB may,
from
time to time, impose limits or conditions on the access or availab
ility
of certain content, features, functions or areas of the AWIB Site
without
notice or liability.
- Indemnification. You agree to indemnify, defend and hold AWIB,
its
officers, directors, employees, contractors,
agents, and representatives (collectively, the �AWIB Agents�) harmless
from and against any and all damages, liabilities, losses, costs or
expenses
(including without limitation, attorneys� fees) incurred by AWIB or
the AWIB Agents for claims arising out of your use of the AWIB Site or
any
Content or Communications you access on or through the AWIB Site. AWIB
reserves the right to assume the exclusive defense and control of any
claim otherwise subject to indemnification by you. You agree to
cooperate
fully with AWIB in the defense of any claim brought against AWIB or the
AWIB Agents. You agree not to settle any claim involving AWIB or the
AWIB
Agents without AWIB�s prior express written consent.
- DISCLAIMER OF WARRANTIES. THE AWIB SITE (INCLUDING ALL CONTENT,
COMMUNICATIONS, SOFTWARE, FUNCTIONS, FEATURES, MATERIALS AND
INFORMATION
MADE AVAILABLE ON OR ACCESSIBLE THROUGH THE AWIB SITE) IS PROVIDED �AS
IS,� WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND
SPECIFICALLY EXCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS
FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY, OR
NON-NFRINGEMENT. AWIB DOES NOT WARRANT THAT THE CONTENT,
COMMUNICATIONS,
SOFTWARE, FUNCTIONS, FEATURES, MATERIALS AND INFORMATION MADE AVAILABLE
ON
OR ACCESSIBLE THROUGH THE AWIB SITE WILL BE UNINTERRUPTED OR
ERROR-FREE,
THAT ERRORS OR DEFECTS WILL BE CORRECTED OR THAT THE AWIB SITE IS FREE
OF
VIRUSES, TIMEBOMBS OR OTHER HARMFUL CODE.
- LIMITATION OF LIABILITY. YOUR USE OF THE AWIB SITE IS AT YOUR OWN
RISK.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR
ACCESS
OR USE OF, OR RELIANCE UPON, THE AWIB SITE OR THE CONTENT OR
COMMUNICATIONS AVAILABLE ON OR ACCESSIBLE THR OUGH THE AWIB SITE. UNDER
NO CIRCUMSTANCES SHALL AWIB OR THE AWIB AGENTS BE LIABLE FOR ANY
INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT
ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR ACCESS OR USE OF, OR
RELIANCE
UPON, THE AWIB SITE OR THE CONTENT OR COMMUNICATIONS AVAILABLE ON OR
ACCESSIBLE THROUGH THE AWIB SITE, EVEN IF AWIB, THE AWIB AGENTS OR
OTHER
THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO
EVENT SHALL AWIB'S AGGREGATE LIABILITY, IN CONTRACT, TORT OR OTHERWISE,
TO
YOU OR ANY OF YOUR AGENTS OR REPRESENTATIVES EXCEED THE AMOUNT, IF ANY,
ACTUALLY PAID BY YOU TO AWIB FOR YOUR U SE OF THE AWIB SITE.
- Waiver of Privacy. You acknowledge and agree that any
Communications you make on or through the AWIB Site may be accessed,
read
or intercepted by others, that you have no expectation of privacy in
any
such Communications and no confidential, fiduciary, contractually
implied
or other relationship is created between you and AWIB
as a result of such Communications. By posting messages, uploading
files,
inputting data or transmitting any other Communication to the AWIB
Site,
you grant to AWIB a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty free license to use, upload, post, copy,
display,
perform, publish, transmit, distribute, license, sublicense, modify,
and
otherwise exploit such Communications, in all media now known or
hereafter
to become known. The foregoing grant includes the right for AWIB to
incorporate data submitted by you into the AWIB database accessible
through the AWIB Site and make such data available to other users of
the
AWIB Site or members of AWIB. You hereby waive all rights to any claim
against AWIB for any alleged or actual infringements of any copyright,
patent, trademark, trade secret, privacy,
publicity, moral, proprietary and any other similar rights under any
jurisdiction.
- Miscellaneous. This agreement shall be governed
by and construed in accordance with the laws of the State of New York,
without regard to conflicts of laws principles. The sole and exclusive
jurisdiction for any action or proceeding arising out of or related to
this
agreement shall be an appropriate state or federal court
located in the County of New York, in the State of New York. You hereby
irrevocably consent to such location as the sole and exclusive venue
and
jurisdiction, and waive any claims of forum non conveniens. This
agreement
constitutes the entire agreement between AWIB and you with respect to
your
use of the AWIB Site, and supercedes all prior agreements between you
and
AWIB regarding the AWIB Site. Any cause of action you may have with
respect to your use of the AWIB Site must be commenced within one (1)
year
after the claim or cause of action arises. In the event that any
portion
of this agreement is found to be unenforceable, that portion shall be
enforced to the fullest extent permissible, and the remainder of this
Agreement shall continue in full force and effect.