PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE. By accessing or using any part of this Web site or the services provided on it or other Web sites as set forth below, you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by Amacai Information Corporation d/b/a Localeze ("Amacai Localeze") from time-to-time without notice to you (the "Terms of Use"). These Terms of Use constitute a binding contract between Amacai Localeze and you. You are responsible for regularly reviewing the Terms of Use. If you do not wish to be bound by these Terms of Use, do not access or use any part of this Web site.
RESTRICTIONS ON USE. Unless otherwise noted, the Web site and all of its contents, including, but not limited to, all information, text, news articles, literature, messages, images, illustrations, artwork, animation files, designs, icons, photographs, video and audio clips, sounds, files, names, logos, trademarks, copyrighted material, trade dress, software, specifications, code and technical information (collectively, "Content") is owned by Amacai Localeze and/or third parties with all rights reserved unless otherwise noted. Amacai Localeze grants you a limited, nonexclusive, revocable license to access and use the Web site and Content solely for your own personal use on your own behalf and not for republication, distribution, assignment, sublicense, transfer, sale, preparation of derivative works or other use. No part of the Content may be reproduced in any form or incorporated into any information retrieval system, database or other application produced using any form of tangible media. Content is provided through the Web site AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Amacai Localeze be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available through the Web site. You shall abide by all additional copyright notices, information or restrictions contained in the Content accessed through the Web site. Any other use of the Content without the prior written consent of Amacai Localeze is strictly prohibited.
You agree to access or use the Web site only for legal purposes that are permitted by the Terms of Use. You further agree that your use of the Web site shall comply with all applicable local, state, federal and international laws, rules, and regulations. Among other things, you agree not to:
- except with the express written permission of Amacai Localeze, modify, copy, reproduce, frame in another Web page, hyperlink, use on any other Web site or networked computer environment, publish, download, upload, post, display, transmit or distribute in any way any information or Content obtained from the Web site;
- use any robot, spider, other automatic device or manual process to monitor or copy any part of the Web site or the Content;
- damage, disable, overburden or impair the Web site or interfere with any other party's use and enjoyment of the Web site; and
- obtain or attempt to obtain any materials or information through any means not made readily accessible by Amacai Localeze through the Web site.
All materials on the Web site (as well as the organization and layout of the Web site) are owned and copyrighted or licensed by Amacai Localeze, its affiliates or its third-party vendors. © Amacai Information Corp. 2007, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Web site is permitted without the written permission of Amacai Localeze. Any rights not expressly granted herein are reserved.
USER ACCOUNT. If you register as a user of this Web site, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password and for all activities that occur under your username and password. You agree to notify Amacai Localeze of any unauthorized use of your username and password and any other breach of security with respect to the Web site. Any password or right given to you to obtain information from the Web site is not transferable.
DISCLAIMER. THE CONTENT ON THE WEB SITE IS PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. AMACAI LOCALEZE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT AMACAI LOCALEZE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
E-MAIL AND PUBLIC COMMUNICATION. E-mails, letters, attachments or other types of communications to the editors, webmaster(s) or employees of Amacai Localeze, and messages posted in connection with online discussions on the Web site ("Communications") which you may use to communicate via the Web site shall not include any content that is inappropriate, libelous, defamatory, obscene, lewd, offensive, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law. You shall not distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Web site to join or become members of any online or offline service or other organization is expressly prohibited. Amacai Localeze from time to time may monitor the content of Communications but is under no obligation to do so. Amacai Localeze has the right but not the obligation to edit or remove any Communications and Content whatsoever. You remain solely responsible and liable for the content of your Communications.
By uploading or submitting Communications to Amacai Localeze, you automatically grant (or warrant that the owner of such rights has expressly granted) Amacai Localeze a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
UNSOLICITED SUGGESTIONS AND IDEAS
Communications or materials you submit to us via the Web site are transmitted on both a nonconfidential and a nonproprietary basis. Amacai Localeze is not responsible for harm you or others may suffer as a result of any disclosure or use of materials you send to Amacai Localeze on the Web site. This includes submission of unsolicited product concepts or ideas as well as any other type of ideas or suggestions. Amacai Localeze discourages the submission of unsolicited suggestions or ideas. If you do transmit unsolicited ideas or suggestions to Amacai Localeze, you acknowledge and agree that they become the property of Amacai Localeze and that Amacai Localeze, its affiliates and designees may use those ideas or suggestions in any manner, at any time and for any reason with no obligation to pay you any compensation or recognition whatsoever.
INDEMNIFICATION. You agree at all times to indemnify, defend and hold harmless Amacai Localeze from any liability, loss, damage, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of these Terms of Use.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL AMACAI LOCALEZE BE LIABLE FOR ANY SPECIAL INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT ON THE WEB SITE, EVEN IF AMACAI LOCALEZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, LIABILITY FOR DAMAGES OR INJURIES RESULTING FROM BROWSING THIS WEB SITE, DOWNLOADING ANY MATERIALS FROM IT, OR FROM SUCH CAUSES AS COMPUTER VIRUSES, SOFTWARE OR HARDWARE MALFUNCTIONS, OR ANY OTHER ERRORS, PROBLEMS, FAILURES OR DELAYS IN COMPUTER OPERATION IN GENERAL OR IN NETWORK TRANSMISSION. IN NO EVENT SHALL AMACAI LOCALEZE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.
EXPORT. The Web site and Content are solely intended for promoting services available in the United States and its territories. All information posted on this Web site is intended for the U.S. market only and will be interpreted under and governed solely by U.S. law. Amacai Localeze makes no representation that Content on the Web site is appropriate or available for use in other locations. If you access this site from a location outside the United States and its territories, you are responsible for complying with all applicable non-U.S. laws and regulations.
TERMINATION. These Terms of Use are effective until terminated by either you or Amacai Localeze. You may terminate these Terms of Use at any time by destroying all Content obtained from the Web site and all related documentation and all copies thereof. The privileges granted to you by these Terms of Use, including the maintenance of a member account, will terminate immediately without notice from Amacai Localeze, if in Amacai Localeze's sole discretion you violate any provision of these Terms of Use. Upon termination, you must destroy all Content obtained from the Web site and all copies thereof. Amacai Localeze may take such further action as Amacai Localeze determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Amacai Localeze shall not be liable for any damages of any nature suffered by you or any third party resulting in whole or in part from Amacai Localeze's exercise of its rights under these Terms of Use.
OTHER WEB SITES AND SERVICES. You understand that all third-party Content posted on, transmitted through, or linked to the Web site is the sole responsibility of the third-party originator of such Content. To the extent that the Web site contains links to outside services and resources, Amacai Localeze does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. Further, any reference made by the Web site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation or favoring by Amacai Localeze. You acknowledge and agree that Amacai Localeze has no obligation to review any sites linked to the Web site and is not responsible in any way for the content of any linked sites. Your use of the Web site to link to other sites is done at your own risk.
OTHER. These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in Fairfax County, Virginia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Amacai Localeze's failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Web site and these Terms of Use must be filed within one (1) year of the date the cause of action arose.
Revised: April 19, 2007
