TERMS AND CONDITIONS OF CONNECTION TO, AND USE OF, THIS WEB SITE AND ANY OTHER WEB
SITE TO WHICH ACCESS MAY BE OBTAINED THROUGH THIS WEB SITE
BY CONNECTING TO AND USING THIS WEB SITE AND ANY OTHER WEB SITE TO WHICH ACCESS
MAY BE OBTAINED THROUGH THIS WEB SITE (COLLECTIVELY, THIS WEB SITE AND SUCH OTHER
SITES, THE "LINKED SITES"), YOU AND YOUR COMPANY, IF ANY (COLLECTIVELY, "YOU"),
AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
Disclaimer. THE LINKED SITES AND ALL ITEMS, (INCLUDING, BUT NOT
LIMITED TO, INFORMATION AND MATERIALS OBTAINED FROM THE LINKED SITES) ARE MADE AVAILABLE
ON AN "AS-IS" BASIS. NO REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR OTHERWISE,
IS MADE OR GIVEN BY ANY PERSON (INCLUDING, BUT NOT LIMITED TO ALAMANCE SERVICES
INCORPORATED, ITS AFFILIATES [COLLECTIVELY, THE "COMPANIES"] OR THEIR RESPECTIVE
SHAREHOLDERS, PARTNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS,
CONTRACTORS, REPRESENTATIVES, ADVISORS AND SUBSIDIARIES [COLLECTIVELY, THE COMPANIES
AND SUCH OTHER PERSONS, "US", "OUR" OR "WE"]) CONCERNING ANY ITEMS (INCLUDING, BUT
NOT LIMITED TO, THE LINKED SITES, ANY INFORMATION OR MATERIALS OBTAINED FROM THE
LINKED SITES, OR ANY ITEMS PROVIDED BY THIRD PARTIES), THE ADEQUACY, ACCURACY, COMPLETENESS,
QUALITY, SPEED, AVAILABILITY, REASONABLENESS OR CORRECTNESS OF ANY ITEMS, OR THE
ABILITY OF ANY PERSON TO USE ANY ITEMS IN THE CONDUCT OF ITS BUSINESS OR OTHERWISE.
NEITHER WE NOR ANY OTHER PERSON MAKES OR GIVES ANY REPRESENTATION OR WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT CONCERNING
THE LINKED SITES, ANY INFORMATION OR MATERIALS OBTAINED FROM THE LINKED SITES OR
ANY OTHER ITEMS. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF US
SHALL HAVE ANY LIABILITY WHATSOEVER IN CONNECTION WITH ANY OF THE LINKED SITES,
INFORMATION OR MATERIALS OBTAINED FROM THE LINKED SITES OR ANY OTHER ITEMS, ANY
ERRORS OR DEFECTS THEREIN, ANY OMISSIONS THEREFROM OR ANY OTHER ASPECT OR ATTRIBUTE
THEREOF. NO PERSON (INCLUDING, BUT NOT LIMITED TO, YOU) IS ENTITLED TO RELY ON THE
LINKED SITES, ANY INFORMATION OR MATERIALS OBTAINED FROM THE LINKED SITES, OR THE
ADEQUACY, ACCURACY, COMPLETENESS, QUALITY, SPEED, AVAILABILITY, REASONABLENESS,
CORRECTNESS OR ANY OTHER ASPECT OR ATTRIBUTE OF THE LINKED SITES, ANY INFORMATION
OR MATERIALS OBTAINED FROM THE LINKED SITES OR ANY OTHER INFORMATION OR MATERIALS
PROVIDED BY ANY OF US. IF ANY OF US RENDERS ADVICE OR SERVICES TO ANY PERSON, THAT
FACT SHALL NOT ALTER OR AFFECT THE PROVISIONS OF THIS DISCLAIMER OR CREATE ANY OBLIGATION
OR LIABILITY ON THE PART OF ANY OF US. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
NONE OF US REPRESENTS OR WARRANTS (i) THAT THE LINKED SITES, ANY INFORMATION OR
MATERIALS OBTAINED FROM THE LINKED SITES OR ANY OTHER ITEMS PROVIDED BY US (a) WILL
MEET YOUR REQUIREMENTS, (b) WILL OPERATE AS DESIRED BY YOU, (c) WILL OPERATE PROPERLY
OR SAFELY, EITHER ALONE OR IN COMBINATION WITH OTHER ITEMS, OR (d) ARE FREE OF ERRORS
OR DEFECTS OR (ii) THAT ANY DEFECTS IN THE LINKED SITES, ANY INFORMATION OR MATERIALS
OBTAINED FROM THE LINKED SITES OR ANY OTHER ITEMS PROVIDED BY US WILL BE DETECTED,
REPORTED OR CORRECTED.
Limitation Of Liability. NONE OF US SHALL HAVE ANY LIABILITY WHATSOEVER
TO YOU AND/OR ANY OTHER PERSONS FOR (AND YOU HEREBY WAIVE ANY CLAIMS YOU MIGHT OTHERWISE
HAVE TO BE COMPENSATED BY ANY OF US FOR) DAMAGES OF ANY KIND, WHETHER DIRECT OR
INDIRECT AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING,
BUT NOT LIMITED TO, AN ACTION ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED
TO THE LINKED SITES, INFORMATION AND MATERIALS OBTAINED FROM THE LINKED SITES, ANY
OTHER INFORMATION OR MATERIALS OR ANY OTHER ITEMS OR AN ACTION BASED UPON CONTRACT,
TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], MISREPRESENTATION, BREACH OF WARRANTY
OR ANY OTHER LEGAL OR EQUITABLE GROUNDS).
REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, IN NO EVENT SHALL ANY OF
US BE LIABLE FOR, AND YOU HEREBY WAIVE ANY CLAIMS YOU MIGHT OTHERWISE HAVE TO BE
COMPENSATED BY ANY OF US FOR, ANY DIRECT, COMPENSATORY, RELIANCE, INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED
TO, ANY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE
LINKED SITES, INFORMATION OR MATERIALS OBTAINED FROM THE LINKED SITES OR ANY OTHER
ITEMS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF, IN CONNECTION
WITH OR IN ANY WAY RELATED TO ANY USE OR PERFORMANCE OF, OR INABILITY TO USE, THE
LINKED SITES, INFORMATION OR MATERIALS OBTAINED FROM THE LINKED SITES OR ANY OTHER
ITEMS, ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF
GOODWILL, PECUNIARY LOSS, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR CLAIMS OF THIRD
PARTIES, IN EACH CASE EVEN IF SOME OR ALL OF US HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
NONE OF US SHALL HAVE ANY OBLIGATIONS, DUTIES OR LIABILITIES TO YOU UNLESS AND UNTIL
WE EXPRESSLY AGREE IN WRITING TO ASSUME THEM.
IN ADDITION, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ANY OF THE COMPANIES
TO ANY PERSON EXCEED THE TOTAL AMOUNTS RECEIVED BY SUCH COMPANY FROM SUCH PERSON
WITHIN THE THEN IMMEDIATELY PRECEDING TWELVE (12) MONTHS.
Indemnification. YOU SHALL INDEMNIFY US AND HOLD US HARMLESS FROM
AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, DEMANDS, ASSESSMENTS,
JUDGMENTS, DETERMINATIONS, LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PUNITIVE DAMAGES), FINES, PENALTIES, FEES, COSTS AND EXPENSES,
AS INCURRED, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND EXPENSES AND TAXES
AND RELATED INTEREST, PENALTIES AND OTHER FEES (COLLECTIVELY, "CLAIMS"), ARISING
OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO (i) ANY OBLIGATION, ACT, OMISSION
OR MISREPRESENTATION ON THE PART OF YOU OR ANY OTHER PERSON FOR WHOM OR FOR WHICH
YOU MAY BE RESPONSIBLE, (ii) ANY BREACH OF THESE TERMS AND CONDITIONS OR (iii) ANY
CLAIM BY ANY PERSON ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO
THE USE OF ANY OF THE LINKED SITES BY YOU. WE MAY IN OUR SOLE AND ABSOLUTE DISCRETION
UNDERTAKE THE DEFENSE OF ANY CLAIM IN RESPECT OF WHICH INDEMNIFICATION MAY BE SOUGHT
AND, IF SO UNDERTAKEN, SUCH DEFENSE SHALL BE UNDER OUR SOLE AND ABSOLUTE CONTROL.
YOU SHALL COOPERATE FULLY AND ASSIST FULLY IN THE DEFENSE OF ANY SUCH CLAIM.
Change In Web Site. Information and materials on the Linked Sites
and the manner in which the Linked Sites function may be changed or updated at any
time and from time to time without notice to you.
Use Of Web Site. In the course of connecting to or using the Linked
Sites, you may access facilities provided by us, including, but not limited to,
information processing and telecommunications systems and storage media. You acknowledge
and agree that such facilities are provided solely for the purpose of conducting
business with us and will not be used by you for other purposes. Accordingly, you
shall not, and you shall not permit any other persons to, use any such facilities
for any purpose other than conducting business with us.
In addition, you shall not, and you shall not permit other persons to, directly
or indirectly: (i) access any such facilities in any unusual way unless such access
is explicitly authorized in advance and in writing by us and such authorization
has not been withdrawn, (ii) alter, delete or add to any software, data or equipment
in any way related to any of such facilities (collectively, to "modify" such facilities)
or (iii) disrupt or otherwise adversely affect or modify such facility in any way
that might disrupt or otherwise adversely affect (a) the operation of any such facility,
(b) the integrity of any software, data or equipment in any way related to any such
facility or (c) the security of any such facility. Without limiting the generality
of the foregoing, you shall not, and you shall not permit other persons to, install
or use on any such facility any computer virus, spyware or malware.
Avoidance Of Infringement. You shall not, and you shall not permit
other persons to, disclose to any of us any information or materials that (i) contain
confidential information of any person other than our own confidential information
or (ii) are otherwise subject to any limitations on disclosure or use.
Other Agreements. In the event that you enter into any additional
agreement with any of us, such contract shall be governed by the provisions set
forth therein.
Passwords and Access Codes. You shall not share your passwords
or access codes for the Linked Sites with anyone. You are responsible for the security
of your passwords and access codes. You are responsible for any and all use of your
passwords and/or access codes by anyone. You acknowledge and agree that any and
all interactions with the Linked Sites using your passwords and/or access codes
shall be deemed to be interactions by you and shall be binding upon you.
Governing Law; Consent to Jurisdiction. THESE TERMS AND CONDITIONS
SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF
THE STATE OF NORTH CAROLINA WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS OTHERWISE
POSSIBLY APPLICABLE. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUBMIT
TO THE JURISDICTION OF THE FEDERAL COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
AND THE GENERAL COURT OF JUSTICE, SUPERIOR COURT DIVISION, IN AND FOR ALAMANCE COUNTY,
NORTH CAROLINA, FOR ANY ACTION, PROCEEDING OR LITIGATION (COLLECTIVELY, "LITIGATION")
ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE LINKED SITES, ANY
USE OF THE LINKED SITES, ANY INABILITY TO USE THE LINKED SITES OR THESE TERMS AND
CONDITIONS. YOU AGREE NOT TO COMMENCE ANY SUCH LITIGATION EXCEPT IN THE AFOREMENTIONED
FEDERAL COURT OR, IF JURISDICTION IS DETERMINED BY SUCH FEDERAL COURT NOT TO LIE
THERE, THEN IN SUCH NORTH CAROLINA COURT. YOU FURTHER IRREVOCABLY AND UNCONDITIONALLY
CONSENT TO SUBMIT TO THE JURISDICTION OF ANY COURT CHOSEN BY US, IN OUR SOLE AND
ABSOLUTE DISCRETION, FOR ANY SUCH LITIGATION. YOU FURTHER AGREE THAT SERVICE OF
ANY PROCESS, SUMMONS, NOTICE OR DOCUMENT BY U.S. REGISTERED MAIL TO YOU SHALL BE
EFFECTIVE SERVICE OF PROCESS FOR ANY SUCH LITIGATION BROUGHT AGAINST YOU IN ANY
COURT. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY OBJECTION TO THE LAYING
OF VENUE OF ANY SUCH LITIGATION IN THE COURT WHERE SUCH LITIGATION IS COMMENCED
PURSUANT TO THIS SECTION. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE AND AGREE
NOT TO PLEAD OR CLAIM IN ANY COURT WHERE ANY SUCH LITIGATION IS BROUGHT, THAT SUCH
LITIGATION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM OR RAISE ANY SIMILAR DEFENSE.
TO THE GREATEST EXTENT LEGALLY PERMITTED, EACH OF YOU AND US HEREBY WAIVES ANY RIGHT
YOU OR WE MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUCH LITIGATION.
Modification of Terms and Conditions. We may, at any time, without
notice, amend these terms and conditions. You should visit this page each time you
visit the Linked Sites to review the then current terms and conditions.
Severability. The provisions of these terms and conditions are
severable and the unenforceability of any provision of these terms and conditions
shall not affect the enforceability of any other provision of these terms and conditions.
In addition, in the event that any provision of these terms and conditions (or portion
thereof) is determined by a court of competent jurisdiction to be unenforceable
as drafted by virtue of the scope, duration, extent or character thereof or otherwise,
such provision (or portion thereof) shall be construed in a manner designed to effectuate
the purposes of such provision (or portion thereof) to the maximum extent enforceable
under applicable law.
This web site and its contents are Copyright © 1998 through the present year, Alamance
Services Incorporated. All rights reserved. The oval with checkmarks logo and the
checkmarks background are service marks that are licensed to Alamance Services Incorporated.
None of us grants to you any license whatsoever with respect to any copyright, except
that you may (i) view this web site for yourself, for a reasonable period, on one
display screen of a single computer system and (ii) make such machine readable copies
of this web site as are reasonably necessary to permit such viewing provided that
such copies are deleted within a reasonable period after such viewing. Unauthorized
exploitation of copyrighted works may expose you to severe civil and criminal penalties.