1. Your Relationship with Company.com
1.1. You use of Company.com's products, services, and web sites (referred to collectively as the "Services") is subject to a legal agreement ("Agreement")you and Company.com. Company.com refers to Company.com Corp., whose principle place of business is 1117 Perimeter Center West, Suite N-205, Atlanta, GA 30338, United States. This document outlines some of the terms of that agreement.
1.2. Unless explicitly noted, your agreement with Company.com will always include the terms outlined in this document (referred to hereafter at the "Universal Terms").
1.3. If there is any contradiction between the Universal Terms and terms contained in other Company.com legal agreements, then the terms in other agreements shall take precedence.
2. Accepting this Agreement
2.1. In order to use the Services you must first agree to by bound by the terms in this Agreement.
2.2. You can accept this Agreement by:
2.3. You may not use the Services if you have not accepted this Agreement.
3. Offering of Services by Company.com
3.1. You acknowledge that the form and nature of the Services may change from time o time without prior notice to you.
3.2. You acknowledge that is it sometimes necessary for us to stop providing the Services on a temporary or permanent basis.
3.3. You acknowledge that if Company.com disables access to your account that you may lose access to the Services associated with that account.
4. Use of the Services by You or your Agents
4.1. In order to utilize certain services you may be asked to provide information about yourself or your company as part of a registration process. You agree that any data provided will always be accurate, not misleading, and up to date.
4.2. You agree to use the Services for purposes that are permitted by: this Agreement, other agreements that you enter into with Company.com, and any applicable law or regulation.
4.3. You agree not to access the Services by any means other than the approved interfaces provided to you by Company.com. Specifically you agree not to use automated scripts, web crawlers, to access the Services. To the extent that you have been granted permission to use automated scripts, you agree to comply with the instructions outlined in any robots.txt file presented by the Services.
4.4. You agree not to engage in any activity that would interfere or disrupt the Services, included access to the networks that provide access to the Services.
4.5. You agree that you will not copy, reproduce, duplicate, sell or trade the Services or any purpose.
4.6. You agree that you are solely responsible for any breach of the terms outlined in this Agreement as well as any resulting consequences (including damages). You also agree that Company.com has no responsibility or obligations to you or your agents in the event of your breach.
5. Privacy and Personally Identifiable Information
5.1. For information about Company.com's privacy policies, please read: http://www.company.com/pp
5.2. You agree that we may use your data in accordance with our stated privacy policies.
6.1. You understand that all information including but not limited to: written text, advertisement, photographs/images, and sounds ("Content") that are presented to you as part of the Services are the responsibility of the person from which such Content originated.
6.2. You agree to not modify, rent, license or sell the Content, or any derivative works based on the Content without written approval by Company.com and the owners of the Content.
6.3. You agree that Company.com by screen, review, edit, filter, modify, refuse, or remove any Content from the Services at any time for any reason.
6.4. You agree that by using the Services you be exposed to Content that you find offensive, indecent, or objectionable and thus use the Services at your own risk.
6.5. You agree that you are solely responsible for any Content that you create, upload, or transmit while using the Services and for any consequences that may results from your by doing so.
6.6. You agree that some hyperlinks presented in the Services will be to thirty party web sites or resources that Company.com does not control.
7. Proprietary Information and rights
7.1. You agree that Company.com owns all rights, title and interest in and to the Services.
7.2. You agree that you have no rights to use any Company.com trademarks, service marks, Logos, domain names, without prior written approval by Company.com.
8. Content License from you to Company.com
8.1. You retain any Copyright or any other rights that you hold in the Content you submit, upload, or transmit while using the Services.
8.2. You agree that by submitting, posting, or transmitting Content you are granting Company.com a worldwide, royalty-free, perpetual, and non-exclusive license to reproduce, adapt, modify, publish, display, or distribute your Content in all media or mediums known or otherwise unknown.
8.3. You agree that Company.com may make your Content available to other companies that it has a relationship with.
9. Ending this Agreement
9.1. The terms of this Agreement will continue to apply until terminated by Company.com or you.
9.2. To terminate this agreement you may do so by closing your accounts if that option is made available to you through our interfaces or by notifying us in writing at the address defined above.
9.3. Company.com may terminate this agreement with you if:
9.3.1. You have breach any of the terms outlined in this agreement
9.3.2. Company.com is required to do so by law.
9.4. In the event either party terminates this agreement, the legal rights, obligations, and licenses granted, which are expressed to continue indefinitely will be unaffected by the termination.
10. Copyright and Trademark Infringement Notices
10.1. It is the policy of Company.com to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.
10.2. Notices of claimed infringement should be directed to the address set forth in the beginning of this agreement.
11. Changes to this Agreement
11.1. Company.com reserves the right, at our sole discretion, to change, modify or otherwise alter the terms in this Agreement. Changes will become effective immediately.
11.2. You agree that your continued use of the Services following the posting of changes and/or modifications will constitute your acceptance of the revised Agreement and the reasonableness of these standards for notice of changes.
12.1. You agree to represent and warrant that you (i) are the owner and/or authorized representative of the business associated with your account; and (ii) will not claim to be associated with any other business or company that you do not own or control.
12.2. You agree to create and maintain one (1) account for the Services under this Agreement.
12.3. You have all necessary rights and authority to disseminate Business Content and communications; and
12.4. You agree that that any Content submitted, uploaded or transmitted by you while using the Services will: (i) comply with Company.com's Editorial policies, (ii) comply with all applicable laws and regulations, including but in no way limited to Children's Online Privacy Protection Act of 1998, CAN-SPAM Act of 2003, and those addressing the collection, use, transmission or destruction of personally identifiable information; (iii) do not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party, give rise to criminal or civil liability or violate any other personal, moral, contract, property or privacy right of any third party; (iv) contain or promote viruses, obscene, abusive, violent, bigoted, hate-oriented, cracking, hacking or warez content or conduct.
12.5. You agree to indemnify and hold Company.com, its third party publishers, advertisers and their respective affiliates, employees, officers, agents, directors and representatives ("Company.com Indemnified Parties"), harmless from all allegations, claims, actions, causes of action, lawsuits, damages, liabilities, obligations, costs and expenses (including without limitation reasonable attorneys' fees, costs related to in-house counsel time, court costs and witness fees) (collectively "Losses") arising out of or related to any breach of warranty or breach of this Agreement.
12.6. THE SERVICES PROVIDED BY COMPANY.COM, THEIR USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE. PURSUANT TO APPLICABLE LAW, COMPANY.COM MAKES NO WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. COMPANY.COM DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES OR ABILITY TO CONVERT THE RESPONSES INTO SALES. COMPANY.COM DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF USER. COMPANY.COM MAY DISPLAY ADVERTISEMENTS AND OTHER INFORMATION ADJACENT TO YOUR CONTENT ON THE SITE AND YOU AGREE THAT YOU ARE NOT ENTITLED TO ANY COMPENSATION FOR SUCH ADVERTISEMENTS. UNDER NO CIRCUMSTANCES SHALL COMPANY.COM BE RESPONSIBLE FOR ANY CONTENT DISPLAYED ON ITS SITES, PARTNER OR AFFILIATE WEBSITE(S) OR ANY OTHER DISPLAY OF ADVERTISEMENT(S) OR INFORMATION THAT MAY BE ADJACENT TO BUSINESS CONTENT. COMPANY.COM DOES NOT GUARANTEE TO MATCH COLORS, TEXT, PHOTO IMAGE OR SCREEN DESIGN. ALL SERVICES ARE CONTINGENT UPON COMPANY.COM'S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND COMPANY.COM IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL. COMPANY.COM SERVICES MAY BE UNAVAILABLE FROM TIME TO TIME. COMPANY.COM WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY AND ONLINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATES.
12.7. COMPANY.COM SHALL NOT BE LIABLE FOR ANY PUNITIVE DAMAGES OR INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE, COSTS OR EXPENSE OF ANY KIND WHATSOEVER AND HOWSOEVER CAUSED, WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE OR OTHERWISE, INCLUDING, (WITHOUT LIMITATION) LOSS OF PRODUCTION, LOSS OF OR CORRUPTION TO DATA, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF OPERATION TIME AND LOSS OF GOODWILL OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THEIR POSSIBILITY. COMPANY.COM'S TOTAL OBLIGATIONS AND/OR LIABILITY, IF ANY HEREUNDER, SHALL BE LIMITED TO THE AMOUNTS PAID TO IT FOR THE SERVICES IN QUESTION.
12.8. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, our liability in such jurisdictions shall be limited to the maximum extent permitted by law.
12.9. Information or Content contained on or made available through the Services is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Services. Your use of the Services is entirely at your own risk.
13. General Terms
13.1. These Terms of Service will be governed in all respects by the laws of the State of Georgia as such laws are applied to agreements entered into and to be performed entirely within Georgia. You hereby consent to jurisdiction and venue in the state and federal courts in Fulton County, Georgia for such purpose, waive the personal service of any process upon you and agree that service may be effected by overnight mail (using a commercially recognized service) or by U.S. mail with delivery receipt to the address you have provided to Company.com, and you agree that any claim against us must be filed within one (1) year of the time such claim arises, regardless of any law to the contrary; otherwise your claim will be barred forever. If any provision of these Terms of Service is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between Company.com representatives and you with respect to the subject matter hereof, including any Terms of Service on any of User's documents or purchase orders.
13.2. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company.com as a result of these Terms of Service or your use of the Site. Our performance of these Terms of Service is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.