The Aaachoo.com Web Site
(the "Site") is an online information
service provided by Aaachoo ("Aaachoo.com
"), subject to your compliance with the terms
and conditions set forth below. PLEASE READ THIS
DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY ACCESSING OR USING THE SITE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
Aaachoo.com MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses
and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The
owner of the copyrights and trademarks are Aaachoo.com,
its affiliates or other third party licensors. YOU
MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD,
POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download
portions of material from the different areas of
the Site solely for your own non-commercial use
provided that you agree not to change or delete
any copyright or proprietary notices from the materials.
You agree to grant to Aaachoo.com a non-exclusive,
royalty-free, worldwide, perpetual license, with
the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display
and publicly perform any materials and other information
(including, without limitation, ideas contained
therein for new or improved products and services)
you submit to any public areas of the Site (such
as bulletin boards, forums and newsgroups) or by
e-mail to Aaachoo.com by all means and in
any media now known or hereafter developed. You
also grant to Aaachoo.com the right to use
your name in connection with the submitted materials
and other information as well as in connection with
all advertising, marketing and promotional material
related thereto. You agree that you shall have no
recourse against Aaachoo.com for any alleged
or actual infringement or misappropriation of any
proprietary right in your communications to Aaachoo.com.
TRADEMARKS.
Publications, products, content or
services referenced herein or on the Site are the
exclusive trademarks or servicemarks of Aaachoo.com.
Other product and company names mentioned in the
Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products
or services clearly identified as being supplied
by Aaachoo.com, Aaachoo.com does not
operate, control or endorse any information, products
or services on the Internet in any way. Except for
Aaachoo.com identified information, products
or services, all information, products and services
offered through the Site or on the Internet generally
are offered by third parties, that are not affiliated
with Aaachoo.com. You also understand that
Aaachoo.com cannot and does not guarantee
or warrant that files available for downloading
through the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest
contaminating or destructive properties. 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 Site for the reconstruction
of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE SITE AND THE INTERNET. Aaachoo.com
PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY, AND Aaachoo.com SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. Aaachoo.com DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH
ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.
YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Aaachoo.com
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Aaachoo.com BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED
FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF Aaachoo.com OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, Aaachoo.com
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
Aaachoo.com makes no representations whatsoever
about any other web site which you may access through
this one or which may link to this Site. When you
access a non-Aaachoo.com web site, please
understand that it is independent from Aaachoo.com,
and that Aaachoo.com has no control over the
content on that web site. In addition, a link to
a Aaachoo.com web site does not mean that
Aaachoo.com endorses or accepts any responsibility
for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless
Aaachoo.com, its officers, directors, employees,
agents, licensors, suppliers and any third party
information providers to the Service from and against
all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation
of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the
Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service),
and 3 (Indemnification) are for the benefit of Aaachoo.com
and its officers, directors, employees, agents,
licensors, suppliers, and any third party information
providers to the Service. Each of these individuals
or entities shall have the right to assert and enforce
those provisions directly against you on its own
behalf.
5. Termination.
This Agreement may be terminated by either party
without notice at any time for any reason. The provisions
of paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive
any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed
in accordance with the laws of The United States
of America applicable to agreements made and to
be performed in The United States of America. You
agree that any legal action or proceeding between
Aaachoo.com and you for any purpose concerning
this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in The United
States of America. Any cause of action or claim
you may have with respect to the Service must be
commenced within one (1) year after the claim or
cause of action arises or such claim or cause of
action is barred. Aaachoo.com's failure to
insist upon or enforce strict performance of any
provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade
practice shall act to modify any provision of this
Agreement. Aaachoo.com may assign its rights
and duties under this Agreement to any party at
any time without notice to you.
Any rights not expressly granted herein
are reserved.
COPYRIGHT NOTICE.© 2009 PriorityDigital
Prepared for: Aaachoo.com All rights reserved.