SERVICE USER AGREEMENT
1. The grahamLOGIC, Inc Service ("the Service") consists of services, information, and other content provided by grahamLOGIC, Inc, its licensors, Users, and other third parties. This Agreement and any other terms, conditions, or operating rules published or displayed from time to time, over the Service constitute the entire Service User Agreement (collectively, the "User Agreement") between grahamLOGIC, Inc and User (defined as one who has registered with grahamLOGIC, Inc for the Service), with respect to the Service and your use thereof.
2. Upon notice published or displayed over the Service, grahamLOGIC, Inc may modify or supplement this User Agreement and may discontinue or revise any or all other aspects of the Service (including access to support services, publications, and other products or services ancillary to the Service) in its sole discretion and without prior notice. In particular, grahamLOGIC, Inc specifically reserves the right in its sole discretion to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Service. Your access to or use of the Service on or after notice of such changes are published or displayed over the Service constitutes your acceptance of such modifications.
3. Subject to the terms of this User Agreement, grahamLOGIC, Inc grants to User a personal, non-exclusive, non-assignable, and nontransferable license to use and display all software included in the Service ("Software") on any machine(s) of which User is the primary user. Unauthorized copying of the Software, including software that has been modified, merged, or included with the Software, or the written materials associated therewith is expressly forbidden. Although User may designate others to use the Service in accordance with the terms of this Agreement, a User may not sublicense, assign, or transfer this license or the Software. grahamLOGIC, Inc may, at its discretion, with or without cause, revoke the license granted to User. Without limiting the foregoing or expanding any of your rights hereunder, you agree that you will not republish, reproduce, or distribute any of the information available through the Service or any email or other communication by or between Users and/or grahamLOGIC, Inc, or make any use of any such information or the facilities of grahamLOGIC, Inc that would allow a non Local third party to have access to the Service and the benefits thereof.
4. User shall be responsible for all use of the Service accessed through User's account, as defined by User's cookie(s), password(s), or authentication certificate(s), and hereby ratifies and guarantees any obligations entered into or assumed by others who use the Service through User's account. User acknowledges that (since the Service allows Users and others to distribute content) the Service may contain materials and/or links to materials that some Users or others may find objectionable, despite the prohibitions in Section 7 of this Agreement. As a result, you acknowledge and agree that grahamLOGIC, Inc has no control over (or liability for) the quality, safety, or legality of the products posted, the truth or accuracy of the postings, or the performance by any User of any obligation. You assume responsibility for, and acknowledge that grahamLOGIC, Inc has no responsibility for and you agree to indemnify and hold grahamLOGIC, Inc harmless from any loss grahamLOGIC, Inc may suffer from your use of the Service.
5. User expressly agrees that use of the Service is at User's sole risk. The
information and services included in or available through the Service may
include inaccuracies or typographical errors. Changes are periodically added to
the information herein. grahamLOGIC, Inc and/or its respective providers, licensors, or
suppliers may make improvements and/or changes in the Service at any time.
grahamLOGIC, Inc or any of its information providers, licensors, franchisees, suppliers,
employees, or agents that provide access to the Service:
(a) do NOT warrant
that the Service will be uninterrupted or error free, that defects will be
corrected, or that the Service or the server that makes it available, are free
of viruses or other harmful components,
(b) do NOT make any warranty as to
the results to be obtained from use of the Service or the materials made
available as part of the Service will be correct, accurate, timely, or otherwise
reliable, and
(c) shall NOT be liable for any direct, indirect, incidental,
special, punitive, exemplary, consequential damages, or any damages whatsoever
(even if grahamLOGIC, Inc has been advised of the possibility of such damages) arising
directly or indirectly from this User Agreement, or out of the use of the
Service, or inability to use or gain access to the Service, or out of any breach
of any warranty, or damages related to any virus transmitted or received through
use of the Service.
The User specifically agrees that grahamLOGIC, Inc shall not be responsible for unauthorized access to or alteration of the User's transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. The User specifically agrees that grahamLOGIC, Inc is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. User specifically agrees that grahamLOGIC, Inc is not responsible for any content sent using and/or included in the Service by any third party.
grahamLOGIC, Inc AND/OR ITS RESPECTIVE PROVIDERS, LICENSORS, FRANCHISEES, OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, AND grahamLOGIC, Inc AND/OR ITS RESPECTIVE PROVIDERS, LICENSORS, FRANCHISEES, OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS USER AGREEMENT. USER AGREES THAT IT WILL NOT HOLD grahamLOGIC, Inc RESPONSIBLE FOR ANY SELECTION OF OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHICH grahamLOGIC, Inc CONTRACTS TO OPERATE VARIOUS AREAS ON THE SERVICE).
6. The disclaimer of liability set forth in paragraph 5 above applies, but is not limited to, any losses, loss of revenue, anticipated profits, lost business, lost data, damages, or injury caused by any failure of performance or to provide services, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of information, in any way relating to or arising out of use of the Service or any related Web sites, or the attempted use thereof or any related Web sites, or for any information, software, products, services and related graphics obtained through the Service, or otherwise arising out of the use of the Service, or any transactions between Users, whether based on or for breach of contract, tortuous behavior, negligence (whether of grahamLOGIC, Inc or otherwise), strict liability or otherwise any other cause of action. If User is dissatisfied with any portion of the Service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Service and its related Web sites.
Notwithstanding the foregoing or any other limitations on liability set forth in this User Agreement, if a User becomes entitled to any recovery against grahamLOGIC, Inc for any reason whatsoever, each User agrees that its recovery shall be limited to the amount of any fees or payments paid to grahamLOGIC, Inc, if any, by reason of such User's use of the Service.
7. User agrees to abide by all applicable local, state, national, and
international laws and regulations and is solely responsible for all acts or
omissions that occur under your account or password, including the content of
your transmissions through the Service. By way of example, and not as a
limitation, User agrees not to upload, add to the Service, post, or otherwise
publish on or over the Service, and not to seek on or over the Service, any
software, file, information, communication, or other content that:
(a)
violates any applicable law, statute, ordinance, or regulation, including
without limitation, laws regarding the transmission of technical data or
software exported from the Unites States through the Service, or infringes upon
the rights, including intellectual property rights, of any other person or
entity;
(b) under the circumstances and in grahamLOGIC, Inc's reasonable good faith
judgment, is, or is likely to be perceived by an intended recipient or target
as, defamatory, deceptive, misleading, infringing, obscene, abusive, profane,
pornographic, offensive, inappropriate, or is otherwise unlawful material or
violates the legal rights (such as rights of privacy and publicity) of others;
(c) is unsuitable for minors (persons under 18 years of age);
(d)
constitutes a threat to, harassment of, or stalking of another;
(e)
adversely affects the performance or availability of the Service or grahamLOGIC, Inc
resources;
(f) contains any virus, Trojan horses, time bombs, worms,
cancelbots, harmful components or corrupted data or other computer program
routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept, or expropriate any system, data or information;
(g) without the approval of grahamLOGIC, Inc, contains any advertising, promotion, or
solicitation of goods or services for commercial purposes; or
(h) that is
inaccurate, fraudulent, fictitious, counterfeit, or stolen.
User acknowledges that grahamLOGIC, Inc will not be required to edit or review for accuracy or appropriateness any content within the Service. User further acknowledges that grahamLOGIC, Inc cannot and does not confirm that each User is who they claim to be.
8. grahamLOGIC, Inc reserves all copyrights and other rights in and to any content available through the Service that are identified as, claimed by grahamLOGIC, Inc as, or known by User to be, proprietary to grahamLOGIC, Inc (or its licensors or suppliers). The content on the Service is protected under applicable copyright law, including as a collective work. User acknowledges that the configurations, displays, screens, and all information appearing on or displayed in connection with or contained in grahamLOGIC, Inc's Service, including grahamLOGIC, Inc's domain name, logo, mark and trade name (collectively, "grahamLOGIC, Inc's Proprietary Properties") are covered by various intellectual property right protections, including domestic and international copyright, trademark, patent and trade secrecy laws. grahamLOGIC, Inc reserves all rights with regard to grahamLOGIC, Inc Proprietary Properties and intends to vigorously defend grahamLOGIC, Inc Proprietary Properties, including seeking injunctive relief, damages, and legal costs.
User agrees that it will not directly or indirectly copy or reproduce all or any part of the grahamLOGIC, Inc Proprietary Properties, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of presentation style, content, or content organization, without prior written permission from grahamLOGIC, Inc.
User acknowledges that grahamLOGIC, Inc and/or third-party content providers remain the owners of the information on grahamLOGIC, Inc's Service, and that User does not acquire any of those ownership rights by printing or downloading any of the information or software codes or making use of the Service. In addition, other trademarks appearing through the use of the Service and information specifically related to certain companies may also be subject to the rights of other parties. User agrees to respect, and not in any way to violate, such third party rights.
In the event you believe that there has been a violation of your copyright or trademark on our site and you want us to address such issue, we have adopted and posted an infringement policy to handle your concerns. The infringement policy is incorporated herein by reference. Each User, by agreeing to the terms hereof, acknowledges that he/she has read and understood our infringement policy and agrees to utilize it with respect to any alleged copyright or trademark infringements.
9. Each User, and any user of a User's account, who places or has placed software, a file, information, communication or other content on, in, over or through the accessible areas of the Service grants to grahamLOGIC, Inc (and to grahamLOGIC, Inc's designated licensees, transferees, designees and contractors) an exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use in connection with grahamLOGIC, Inc's business (and that of grahamLOGIC, Inc's designated licensees, transferees, designees and contractors), such software, files, information, communications and other content, regardless of the medium, technology or form utilized by grahamLOGIC, Inc in the exercise of this grant.
10. grahamLOGIC, Inc may, without obligation, liability, or notice, except to the extent prohibited by applicable law, distribute, loan, sell, or otherwise share with other persons or entities "Aggregate Information." Aggregate Information includes information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data, or other descriptive or related data, which does not permit recipients to individually identify any particular User of the Service. The foregoing shall not be construed to limit grahamLOGIC, Inc's use of other information not addressed in this Section 10. grahamLOGIC, Inc will be free, in its reasonable discretion and without notice, to provide User information and records to the courts, law enforcement agencies, or others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any person or entity and to maintain and use internally such information and records. grahamLOGIC, Inc may also provide online and email communications to its Users on matters pertaining to the Service, its features, its sponsors, or its use without compensation to Users, but shall do so reasonably and in good faith. User acknowledges that communications within the Service may be monitored or reviewed for quality control and other reasonable business purposes. User also acknowledges that advertising and promotion may occur on the Service and that User shall not have any claim with respect to any proceeds from such activities.
11. This User Agreement is made in the State of Pennsylvania, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Pennsylvania. Any cause of action of User or its designated users with respect to the Service must be instituted in Allegheny County, Pennsylvania within one year after the claim or cause of action has arisen or it shall be barred. In the event of a dispute, the prevailing party shall be entitled to an award of fees and costs, including reasonable attorney's fees.
12. User agrees to indemnify and hold harmless grahamLOGIC, Inc and its employees and directors, shareholders, information providers, licensors, suppliers, and agents against all claims, liabilities, damages, costs and expenses, including but not limited to reasonable attorneys' fees, arising out of or related to any and all use of User's account. This includes, without limitation, responsibility for all consequences of User's (or that of any user of User's account) violation of this User Agreement.
13. This User Agreement is for the benefit of grahamLOGIC, Inc and its employees and directors, shareholders, information providers, licensors, suppliers, and agents and each shall have the right to assert and enforce such provisions directly on its own behalf.
14. The Service permits advertising to appear on its pages. By responding to any advertisement, you waive any claims against grahamLOGIC, Inc for damages for whatever reason arising from the voluntary or involuntary interaction with such advertisement or your reliance upon statements in such advertisement. By permitting advertising, grahamLOGIC, Inc makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any advertisement that may appear online within the confines of the Service or about the confidentiality of any direct or indirect communications, responses, or actions related to or arising from such advertising or any other matters arising directly or indirectly through any contact with any third party including the introduction of any virus. grahamLOGIC, Inc specifically disclaims liability for direct, consequential, or incidental damages arising from such advertisements.
15. The Service employs security measures consistent with those employed in the online industry. Please be advised that while such security features diminish the likelihood that information or communications will be compromised or lost, no technology is totally tamper-proof. Accordingly, grahamLOGIC, Inc advises each User not to communicate highly sensitive personal or business information over the Internet that absolutely cannot be lost. grahamLOGIC, Inc disclaims responsibility for any such communication and for the unauthorized breach of its system or misuse of confidential data. grahamLOGIC, Inc also recommends that Users employ security procedures on their own computers and systems to also reduce vulnerability to unauthorized third party access. Be advised that in the unlikely event of tampering, hacking, or misuse by any person, grahamLOGIC, Inc reserves the right to take any and all actions at law or equity appropriate to protect its legal interests.
16. As a convenience to Users, located within the Service are special routing icons (hypertext links) the activation of which may allow you to view and interact with other Web sites. You will know that you are no longer on grahamLOGIC, Inc's Web site when you see a new address in the search box. The external online resources to which external links connect and the interaction that may occur will not be governed by grahamLOGIC, Inc's policies, but instead by other third party Web site terms, conditions, policies and laws. Such external sites may also charge fees and may have no or few security features compared with those offered by grahamLOGIC, Inc. Familiarize yourself with the terms and conditions that apply to any site before interacting with it.
17. While grahamLOGIC, Inc collects certain registration information and other Aggregate Information, we understand the importance of protecting the privacy of our Users. Accordingly, we have adopted and posted our privacy policy on the Service. Such privacy policy is incorporated herein by reference. Each User, by agreeing to the terms hereof, acknowledges that they have read and understood our privacy policy and agree to be bound by the terms thereof.
18. With any User registration, we automatically capture the IP address and host name (if available) of the User's originating server. The IP address identifies the computer a User is working on, but does not reveal any personal information about the User. This information helps us to diagnose problems with our server. It also allows us to direct improvements to our Service by gathering broad, non-attributed demographic information about general patterns of the User's use of the Service.
19. This Agreement constitutes the entire agreement among the parties and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of the Agreement. This Agreement may not be modified or amended except in writing signed by the party against whom the amendment is to be enforced or by, in the case of amendments made by grahamLOGIC, Inc, the posting of the amendments (or the Agreement, as so amended) on its Service. User shall not be entitled to assign or transfer any of its rights hereunder or allow any person to obtain the benefits of such rights (including, without limitation, allowing any third party to obtain access to the Service) without grahamLOGIC, Inc's prior written consent.