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TERMS OF USE |
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Date of Adoption: August 5, 2002
For use of SureForms.comTM online services ACCEPTANCE OF TERMS By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use. SureForms.comTM reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and may provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site's home page to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed. Notwithstanding anything herein to the contrary, if any person or entity has entered into a written and binding agreement with SureForms.comTM, the terms, conditions and limitations set forth in that agreement controls and these Terms of Use to not apply to that person or entity with respect to any matters covered by the agreement. These Terms of Use continue to apply to all items that are not covered by any written agreement with SureForms.comTM. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, SureForms.comTM and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein or in any license you have with SureForms.comTM. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. Use of Services. When using Services on this Site that are offered by SureForms.comTM, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.
Use of SureForms.comTM Content and User Content. Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the SureForms.comTM Content and User Content available on this Site subject to the following conditions: 1. The SureForms.comTM Content
and User Content may be used solely for personal, informational, and internal
purposes. TRADEMARK INFORMATION The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of SureForms.comTM or other third parties. You are not permitted to use the Marks without the prior written consent of SureForms.comTM or such third party that may own the Marks. SureForms.comTM and the SureForms.comTM logo are trademarks of SureForms.comTM Systems Incorporated. PROHIBITED COMMUNICATIONS You may submit only User Content or Design Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site. USER CONDUCT In using the site, including all Services and Materials available through it, you agree:
MANAGING CONTENT AND COMMUNICATIONS Although it is not our intention to do so, SureForms.comTM reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith that you have violated the Terms of Use) without prior notice or liability. USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD You are responsible for maintaining the confidentiality of your account number, account name, and/ or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/ or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/ or password was obtained through no fault or negligence of your own. WARRANTIES AND DISCLAIMERS EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND SUREFORMS.COMTM OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SUREFORMS.COMTM MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. SUREFORMS.COMTM MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND SUREFORMS.COMTM MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) SUREFORMS.COMTM DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) SUREFORMS.COMTM MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) SUREFORMS.COMTM SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. SUREFORMS.COMTM ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUREFORMS.COMTM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS. INTERNATIONAL USERS This Site can be accessed from countries around the world and may contain references to SureForms.comTM products, services, and programs that are available in your country. These references do not imply that SureForms.comTM intends to announce such products, services, or programs in your country. The Site is controlled, operated, and administered by SureForms.comTM from its offices within the United States of America. SureForms.comTM makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See section on Export Control Laws, below, for further information. PERSONAL INFORMATION AND PRIVACY To learn about how SureForms.comTM protects your personal information, such as your name and address, refer to the SureForms.comTM Online Privacy Policy. Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. With the exception of Design Content and certain types of User Content, any non-personal information or material sent to SureForms.comTM will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of SureForms.comTM or others, or as stated in our Privacy Policy. LIMITATION OF LIABILITY IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL SureForms.comTM, IT SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, 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 SureForms.comTM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTIFICATION OF COPYRIGHT INFRINGEMENT SureForms.comTM will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide the following information to us: 1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; 2. a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled; 3. a description of where the material that you claim in infringing is located on the SureForms.comTM site; 4. information sufficient to permit SureForms.comTM to contact you, such as your physical address, telephone number, and e-mail address; 5. a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS The export and re-export of SureForms.comTM software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, the Taliban controlled areas of Afghanistan, or any country to which the Unites States embargoes goods. In addition, SureForms.comTM software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading a SureForms.comTM software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, the Taliban controlled areas of Afghanistan, or any country to which the Unites States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. INDEMNITY AND LIABILITY You agree to indemnify and hold SureForms.comTM, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content, Design Content or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity. GOVERNING LAW AND JURISDICTION This Site (excluding linked sites) is controlled by SureForms.comTM from its offices within the Commonwealth of Pennsylvania, United States of America. By accessing this Site, you and SureForms.comTM agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws principles thereof. Consent to Jurisdiction. You hereby irrevocably submits to the personal jurisdiction of the United States District Court for the Eastern District of Pennsylvania or the Court of Common Pleas of Montgomery County, Pennsylvania in any action or proceeding arising out of or relating to any dispute that you have with SureForms.comTM and you hereby irrevocably agrees that all claims in respect of any such action or proceeding may be heard and determined in either such court exclusively. Service of Process. You hereby irrevocably consents to the service of any summons and complaint and any other process which may be service in any action or proceeding arising out of or relating to any dispute, act or omission related to these Terms of Use or this Site brought in the United States District Court for the Eastern District of Pennsylvania or the Court of Common Pleas of Montgomery County by the mailing by certified or registered mail of copies of such process to you. Venue. You hereby irrevocably waive any objection which you now or hereafter may have to the laying of venue of any action or proceeding arising out of or relating to any dispute between us, these Terms of Use, and/or your use of this Site that is or may be brought in the United States District Court for the Eastern District of Pennsylvania or the Court of Common Please of Montgomery County, Pennsylvania and any objection on the ground that any such action or proceeding in either of such courts has been brought in an inconvenient forum. Nothing in these Terms of Use shall affect the right of SureForms.comTM to bring any action or proceeding against you in the courts of other jurisdictions. GENERAL The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between SureForms.comTM and you with respect to your use of the Site, unless you have a separate license agreement with SureForms.comTM. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, Disclaimer or Privacy Statement to be unenforcable, the validity and enforcability of the remaining provisions shall not be affected thereby. Any court construing these Terms of Use, Disclaimer or Privacy Statement on this site is hereby granted the authority to change any invalid or unenforcable provision hereof so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use, Disclaimer or Privacy Statement shall continue in full force and effect. Any failure by SureForms.comTM to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING PROVISIONS AND THAT SUCH PROVISION ARE REASONABLE AND ENFORCEABLE. |
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