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You Agree to Accept Notices Electronically
Each time you use a product or service of AYU Technology Solutions LLC,
you reaffirm your acceptance of the then current terms of service.
If you do not wish to be bound by these terms of service, you may discontinute
using products or services from AYU Technology Solutions LLC. You cannot
use or sign up for a product of AYU Technology Solutions LLC until
you have accepted these terms of service.
By using a product or service of AYU Technology Solutions LLC, you agree
to these terms and conditions ('Terms of Service') and the Privacy
Policy located at:
This
document comprises the Terms of Service Agreement, hereinafter referred
to as the “Agreement”, and constitutes
a legally binding Agreement between you, (“You”)
the visitor or member of our site, hereinafter referred
to as the “site”, and AYU Technology Solutions
LLC, a limited liability company that serves as the
owner and operator of this site.
As a condition precedent to you being able to use any of
the tools, functions and services provided to you by AYU
Technology Solutions LLC via our site, you must read and
agree to be bound by each and every one of the terms and
conditions contained in this Agreement. Should you access
any component of this site, or use any tools, functions or
services that this site offers, register as a member, or
view any text or graphics, such activities on your part means
expressly that you have read this Agreement and agree to
be bound by the terms and conditions contained herein. Should
you not agree to be bound by each and every term and condition
contained in this Agreement you must leave this Site at once
and you may not establish a membership.
General Rules
Site members, visitors and any user of
our tools and services may not:
- Violate the law of any jurisdiction while visiting our
site or using any tool or service that we provide.
- Harass or Cyberstalk any user of our tools and services
or visitors to our site.
- Conduct any activity that is harmful or detrimental
to our site or business as solely determined by us.
- Transmit any information or content via our tools and
services that are obscene, indecent, defamatory, hateful
or intolerant in nature or in violation of the laws of
any jurisdiction.
- Upload any material that is harmful to our user’s
computers or objectionable to our user group.
- Falsely represent yourself as another person or as a
representative of a business or entity that you do not
actually represent.
- Falsely represent your professional or business credentials
or professional background.
- Violate any rule of conduct requirement or guideline
as posted by us on our site or made known to you by us
in any way.
You must be of adult age in your jurisdiction to use this
site or the tools and services that we provide. In any event,
no user or member may be under the age of 18 years of age.
Parents or guardians of minors may enroll as a service member
on behalf of their minor children/wards but are solely responsible
for the direct supervision of their children/wards while
their minors visit the site or use any of the tools or services
that the site provides.
We may post rules, guidelines or
policies. Upon the posting of such materials, they immediately
become incorporated by reference into this Agreement as
if fully set forth herein.
Rules that cannot be violated
by users or members include the following:
- Racist, intolerant, “hate,” defamatory, “stalking,” invitations
to fight, threatening or any communication of any nature
that we decide, in our sole discretion, as being improper,
will result in service termination without prior notice.
We have published a privacy policy. The privacy policy
is hereby incorporated by reference into this Agreement as
if fully set forth herein.
We reserve the right to refuse service to any person
or entity for any reason which we, in our sole discretion,
deem to be appropriate.
Disclaimer of Warranty
We issue no warranty whatsoever and do not make any representations
or warranties regarding the availability, suitability, reliability,
merchantability, non-infringement, capability, usefulness
or fitness for any general or particular purpose of the site,
or the tools, products or services herein supplied or sold
or regarding the characteristics of services provided by
or through the site, or regarding the timeliness, accuracy
or usefulness of information obtained from or through the
site. The site, tools and services and all content contained,
distributed, sold or published via the site are provided
to you "As Is, Where Is", without any warranty
of any kind, express or implied. Some services may be unavailable
at unannounced times for repair of script errata, the engaging
of updated services, or other reasons. There shall be no
refund for services or tools that are unavailable due to
scheduled or unscheduled service outages.
Intellectual Property Provisions
All content provided within or via this site is protected by various US and
international copyright laws, patent laws, trademark regulations and laws,
and various intellectual property laws and international treaties and agreements.
No intellectual property of any nature contained within or via this Site
may be copied, published, reverse engineered, decompiled, exchanged, traded,
or broadcast in any way without the written permission of the content owner.
The content of this Site may not be “framed” or “mirrored”.
All trademarks presented on or via this Site are owned by their respective
owners and may not be used by you in any way.
Termination of Service
We reserve the right to terminate any and all service provided
to you (either as a group or as an individual user or member)
at any time without notice for any reason we deem fit. We
also reserve the right to discontinue any service or modify
any service with no notice to you. If we terminate services
to you, we will deactivate your account. We shall not be
liable to you or any third party if we terminate your account
and you agree to hold us harmless and indemnify us from any
third party claims arising from the termination of your account.
You agree that monetary damages may not adequately provide
a remedy for us if you violate any of the terms and conditions
of this Agreement and you agree that we may approach a Court
of Equity of competent jurisdiction for the purpose of obtaining
Orders in Equity should you violate any element of this Agreement.
Automatic Viewing or Usage of this Site
You may not use any automated scripts or “robots” to
access, copy, or manipulate any content provided on this
site. You may not engage in denial of service attacks upon
the servers that publish this Site. You may not engage in
any content that uses more than .01% of the hardware and
software infrastructure of this Site.
Links to Third Party Sites
We may provide
links to third party sites; however, we are not responsible
for the content of such sites or their terms of use or
privacy policies. Please carefully review the terms of service
and privacy policies of all such sites prior to usage. You
assume the risk of any usage of such third party sites.
Submissions
All submissions (but not personal
information) become the property of this Site. All submissions
are non-confidential in nature. “Submissions” may
be thought of as “letters
to the editor” or “suggestions/ideas” type
of email or letters that you might send us. We may publish
all submissions in any manner that we deem to be appropriate,
including in all forms of media and publication. You are
solely responsible for the content of all submissions,
including any violation of any law(s) contained within
such submissions, copyright, privacy, fraud, and other
laws and regulations. You agree to hold us harmless and
defend us and indemnify us from any civil actions filed
or threatened to be filed by any third party or entity
who determines that your submissions supports a legal cause
of action.
Limitation of Liability
We are not responsible for any damages arising from your
use of this Site, or any tools, functions or services that
this Site provides to you, whether the cause of action be
based on tort, breach of contract, or any other legal theory,
including punitive, actual, indirect, incidental or consequential
damages of any nature or due to any cause of any nature.
You agree to hold us harmless from any loss or harm of any
nature due to your usage of this Site or any tool, product
or service that we provide to you, whether directly or indirectly.
Content Issues
We are not responsible for any content
provided to the public by our site members. We do not screen
content provided by our site members, whether published via
our chat services or any other service or tool we provide
and you agree that we do not have any duty to do so prior
to such being published or distributed on our site or via
any of our tools and services. We are not liable for any
content that may be obscene, indecent, misleading, fraudulent,
racist, intolerant, harmful or otherwise objectionable where
such content has been displayed, or distributed due the actions
of one or more of our users or any third party or entity.
We are not responsible for any content provided to our site
by members or third parties that may infringe on intellectual
property rights, rights of privacy or publicity, or any rights
of any nature in any jurisdiction. You agree to hold us harmless
regarding any claims arising from your exposure, or the exposure
of your family members, loved ones, or computers, to objectionable
content and agree to waive any possible liability that we
may have regarding content provided to us via members or
third parties that violate any intellectual property rights
or any other civil law.
You understand and agree that use of the Internet means
that you are subject to the risk of receiving or viewing
harmful offensive content and files.
We do not guarantee that content or communications issued
via any of our tools or services will be 100% secure from
outside interference or interception and you, as our user
or registered member, agree to hold us harmless from any
claims regarding any such authorized interference or interception
of your content or communications.
Jurisdiction
This Agreement, including all Disclaimers, will be governed
by and construed in accordance with the internal laws of
the State of Texas, excluding that body of laws known as
choice of law or conflict of laws. Subject to the provisions
of this Section all disputes, controversies or claims arising
out of or relating to this Agreement will be resolved through
mandatory binding arbitration conducted in Houston, Texas
(or any J.A.M.S location closer to our offices) before J.A.M.S./ENDISPUTE
or its successor ("JAMS") pursuant to the United
States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act");
and (iii) this Agreement. The arbitration will be conducted
in accordance with the provisions of J.A.M.S.'s Streamlined
Arbitration Rules and Procedures in effect at the time of
filing of the demand for arbitration (the "JAMS Rules"),
subject to the provisions of this Section. The terms set
forth in this Agreement will control in the event of any
inconsistency between such terms and the JAMS Rules. The
parties will cooperate with JAMS and with each other in promptly
selecting a single arbitrator from JAMS's panel of neutrals.
If the parties fail to so select an arbitrator within thirty
(30) days following the date of either party's notice of
demand to conduct arbitration, then JAMS will appoint an
arbitrator in accordance with the JAMS Rules. The award of
the arbitrator will be in writing and will set forth findings
of fact and conclusions of law. Judgment on the arbitrator's
award will be final and binding upon the parties and may
be entered in any court having jurisdiction thereof. If for
any reason JAMS or its successor no longer is in business,
then the arbitration shall be conducted in accordance with
the commercial arbitration rules of the American Arbitration
Association. The arbitrator's fees will be shared equally
by the parties and each party will bear its own costs and
attorneys' fees. All papers, documents, or evidence, whether
written or oral, filed with or presented in connection with
the arbitration proceeding will be deemed by the parties
and by the arbitrator to be confidential information of both
parties. The arbitrator chosen in accordance with these provisions
will not have the power to alter, amend or otherwise affect
the terms of these arbitration provisions or the provisions
of this Agreement. Notwithstanding the foregoing, nothing
in this Section shall prevent either party from applying
for and obtaining from a court a temporary restraining order
and/or other injunctive relief. Any and all disputes regarding
the content presented on this site must be resolved through
arbitration as set forth in this section.
Foreign Usage
We make no representation that the usage of this site,
or the content provided herein, will not violate the laws
of your local jurisdiction. You are responsible for the laws
of your jurisdiction, especially if you are accessing this
site from outside the United States of America (USA).
General Information
This site may contain typographical errors or mistakes,
and we disclaim any responsibility for such errors and you
agree to hold us harmless from any legal responsibility for
such errors.
We may revise or modify any portion of this Agreement at
any time without notice to you. You must read this Agreement
each time you visit our site or use any tool or service that
we provide to you via this site or elsewhere. Any usage of
this site or tools, functions or services that we provide
you means that you have read the most current version of
this Agreement and you agree to be bound by the terms and
conditions of the latest version of this Agreement.
Notice
Notices to you may be issued via electronic mail or by
surface mail, at our sole selection.
Force Majeure
Neither party shall be liable for any delay or failure
in performance due to Force Majeure, which shall mean acts
of God, earthquake, labor disputes, changes in law, regulation
or government policy, riots, war, fire, flood, insurrection,
sabotage, embargo, epidemics, acts or omissions of vendors
or suppliers, transportation difficulties, unavailability
of interruption or delay in telecommunications or third party
services (including DNS propagation), failure of third party
software or hardware or inability to obtain raw materials,
supplies, or power used in or equipment needed. We are not
responsible for server(s) downtime under any circumstances.
Intellectual Property Infringement
is to be deemed “Willful” in
nature
You agree that you have been suitably noticed of any trademark, trade dress,
service mark, copyright, patent or any other intellectual property rights or
property rights of any nature and any violation by you of any such property
rights is fairly deemed to be “willful” in nature.
Contacting Us
AYU Technology Solutions LLC
ATTN: Legal Department
7100 Regency Square Blvd. Suite 289
Houston, Texas 77036
Last Updated 3/2/2008
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