1. INTRODUCTION.
In this Service Agreement ("Agreement"), "you"
and "your" refer to each customer ("Customer");
"we", "us" and "our" refer to
"ActiveSET.org". This Agreement explains our obligations
to you, and your obligations to us, in relation to your use
of our service(s). By ordering and/or using ActiveSET.org's
service(s), you agree to the terms and conditions set forth
in this Agreement between Customer and ActiveSET.org.
This Agreement supersedes all prior agreements you may have
with ActiveSET.org.
2. VARIOUS
SERVICES. Paragraphs 1 through 28 apply to any and all of
the service(s) you have chosen, including but not limited to the
services contained in the ActiveSET.org Secure Area. The terms
and conditions set forth in paragraphs A through D at the end
of this Agreement apply only to customers who have selected the
ActiveSET.org services referenced in those paragraphs:
3. FEES,
PAYMENT, AND TERM OF SERVICE. As consideration for the services
you have selected, you agree to pay ActiveSET.org the applicable
service(s) fees set forth on our Web site at the time of your
selection. All fees are due upon ActiveSET.org's activation
of the service(s), and are non-refundable. ActiveSET.org
accepts payment from you by American Express, MasterCard, VISA
or in the form of a check drawn from a United States bank account,
or money order, payable in U.S. dollars. ActiveSET.org services
that have passed this Agreement's anniversary date must be renewed
ANNUALLY for continued service. ActiveSET.org services in an
unpaid or overdue status i.e., accounts for which payment is
more than thirty (30) days overdue, are deleted from the online
directories. Unless otherwise specified, each ActiveSET.org
service is for a one-year initial term and is renewable annually
as specified during the ordering process. Any renewal of your
services with us is subject to our then-current terms, conditions,
and payment of all applicable service fees at the time of renewal.
You agree that you may not transfer your ActiveSET.org service(s)
to another company. We will notify you by e-mail or United States
mail prior to the renewal of your service(s) at least fifteen
(15) days in advance of the renewal date. You are solely responsible
for the billing information you provide to ActiveSET.org and
must promptly inform ActiveSET.org of any changes thereto (e.g.,
change of billing address, phone number, or e-mail address).
In addition, you are solely responsible for ensuring the service(s)
is renewed. ActiveSET.org shall have no liability to you or
any third party in connection with the renewal, including, but
not limited to, any failure or errors in renewing the services.
4.
PAYMENT; Suspension. Customer agrees to pay ActiveSET.org
for all services in accordance with the agreed upon amounts
and billing schedule. No service(s) offered by ActiveSET.org
is refundable or proratable under any condition. If you do not
pay for your service(s) as billed annually, or payment is declined
by your bank, we may declare the entire amount payable in full
and collect a $25.00 late fee. ActiveSET.org reserves the right,
in its sole discretion, to deactivate the Customer's service(s)
without notification upon an indication of credit problems,
including delinquent payments, or if this Agreement is violated.
In addition to the entire amount of your overdue payment and
late fee, ActiveSET.org will bill client for $129.00 for one
hour of reinstallation programming to replace the removed service(s).
ActiveSET.org may take all remedies to collect fees owed. You
also agree to pay any reasonable attorney's fees and costs which
we may incur in collecting any unpaid amount. If more than one
applicant requests service(s) under this Agreement, all will
be jointly and severally liable for all charges. All orders,
sales, rents, times, and terms are final. Once the service(s)
has been ordered, refunds will not be issued if the order is
cancelled by Customer before the regular expiration or anniversary
date. All services and contracts will be automatically renewed
for another term, unless written notice of cancellation is given
by either party, at least two weeks in advance of the renewal
or anniversary date. Cancellation requests must be made by mail
to ActiveSET.org 3335 NW 47th Terrace Gainesville, Florida 32606.
If no correct notice of cancellation is given, all contracts
will be automatically renewed for another term under the same
conditions. ActiveSET.org has the right to immediately deactivate
and refuse the service(s) if service has been established and
the initial payment is not paid. In such event, ActiveSET.org
will bill client for $129.00 for one hour of programming to
reinstall the service(s).
5.
ACCURATE INFORMATION. As further consideration for ActiveSET.org
service(s), you agree to: (1) provide certain true, current,
complete and accurate information about your company as required
by the ordering process; and (2) maintain and update this information
as needed to keep it current, complete and accurate. We rely
on this information to send you important information and notices
regarding your account and our services. Our privacy statement,
located on our Web site at http://www.activeset.org/forms/privacypolicy.htm
and incorporated herein by reference sets forth your and our
rights and responsibilities with regard to your company information.
You agree that we, in our sole discretion, may modify our privacy
statement. We reserve the right to post a revised privacy statement
on our Web site at least thirty (30) calendar days before it
becomes effective. By using our services after modifications
to the privacy statement become effective, you agree to these
modifications. If you do not agree to the privacy statement
modifications, you may terminate this Agreement; however, you
will forfeit all fees paid. ActiveSET.org will not process data
that we collect from you in any way that would be incompatible
with the purposes and other limitations described in our privacy
statement. You represent and warrant that you have provided
notice to, and obtained consent from, any third party whose
company data you supply to us as part of our services with regard
to: (i) the purposes for which such third party's company data
has been collected, (ii) the intended recipients or categories
of recipients of the third party's company data, (iii) which
parts of the third party's data are obligatory and which are
voluntary. ActiveSET.org recommends that you provide notice
and consent regarding any third party company data you supply
to us in the future. We are not responsible for any consequences
resulting from your failure to provide notice or receive consent
from such individuals, nor for your providing outdated, incomplete,
or inaccurate information.
6.
UPDATES. Any notice of request for updates, editions, or
alterations to the information contained in the service(s) Customer
purchases from ActiveSET.org must be submitted in writing by
the Customer and delivered by United States mail addressed to:
ActiveSET.org 3335 NW 47th Terrace Gainesville, Florida 32606.
Electronic (e-Mail) or facsimile requests for updates to the
service(s) information will not be processed, to protect the
Customer's intellectual property. In no event will we be liable
for the unauthorized use or misuse of updates or modifications
to your service(s). Minor updates such as change of address,
area code, phone number, fax number, web address, contact's
name, e-mail address are granted to Customer at no charge. Cost
for modifications to all remaining features, including logo
design, tag title, company descriptions, experience, and qualifications
is charged at the rate of $45 per hour.
7.
FREE LOGO PREPARATION. ActiveSET.org will design, at no
charge, one logo conforming to each of the current ActiveSET.org
format specifications: 100W x 35H Pixels, filesize under 4K,
gif or jpeg, no animation. ActiveSET.org will provide one (1)
layout or logo design for Customer's approval. If Customer is
not satisfied with the logo ActiveSET.org prepares, the Customer
may provide ActiveSET.org with a logo conforming to the current
ActiveSET.org format specifications described above.
8.
MODIFICATIONS TO AGREEMENT. Changes, amendments or modifications
of any provision of this Agreement by ActiveSET.org may be executed
in counterparts, each of which shall be deemed an original,
and all of which together shall constitute one and the same
document. You agree to periodically review our Web site, including
the current version of this Agreement available on our Web site,
to learn of any such revisions. If you do not agree with any
revision to the Agreement, you may terminate this Agreement
at any time by providing us with notice by United States mail
addressed to: ActiveSET.org 3335 NW 47th Terrace Gainesville,
Florida 32606. Notice of your termination will be effective
on receipt and processing by us. If you terminate your Agreement
with us, fees paid by you are nonrefundable; however, you will
not incur any additional fees. By continuing to use ActiveSET.org's
services after any revision to this Agreement or change in service(s),
you agree to abide by and be bound by any such revisions or
changes.
9.
AGENTS. You agree that, if your agent (e.g., an advertising
agency, employee, etc.) purchased our service(s) on your behalf,
you are nonetheless bound as a principal by all terms and conditions
herein. Your continued use of our service(s) shall ratify any
unauthorized actions of your agent. By acting on your behalf,
your agent certifies that he or she is authorized to (1) apply
for our service(s) and (2) bind you to the terms and conditions
of this Agreement, and (3) apprised you of the terms and conditions
of this Agreement. In addition, you are responsible for any
errors made by your agent. We will not refund fees paid by you
or your agent on your behalf for any reason including, but not
limited to, failure of your agent to comply with the terms and
conditions of this Agreement, incorrect information provided
by your agent in the application process, or if your agent incorrectly
changes or otherwise modifies your service(s).
10.
COPYRIGHT. You acknowledge that ActiveSET.org is the author
of any advertising prepared for you and any derivative work
that we may prepare from your advertising, and that we retain
all right, title and interest, including the copyright, in the
same. You must obtain our prior written consent to reproduce
our copyrighted work, to have it reproduced by others, or to
use our name or marks in any way.
11.
DISPLAY OF ADVERTISING MATERIAL. Customer acknowledges that
the sole obligation of ActiveSET.org is to display one or more
advertisements from Customer which conform to the specifications
set forth in this Agreement. Except as expressly provided in
this Agreement, the positioning of the advertisements will be
as determined by ActiveSET.org in its reasonable editorial discretion.
ActiveSET.org reserves the right to redesign or modify the organization
and structure and "look and feel" of our Web site
at our sole discretion at any time without prior notice. In
the event such modifications materially and adversely affect
the placement of one or more of the advertisements, ActiveSET.org
will work with Customer to display the affected advertisements
in a comparable location and manner. Customer may not resell,
trade, exchange, barter or broker to any third-party any advertisements
which are the subject of this Agreement.
12.
ADVERTISER CONTENT. The advertisements shall link only to
the URL specified in the Customer's order and shall not offer
or promote any products and/or services other than the Customer's
products and services expressly provided for in the ordering
process. In no event shall any advertisements promote the products
or services of any third party. Additionally, neither the advertisements
nor the content shall (i) disparage ActiveSET.org or (ii) promote
any product or service which is reasonably competitive with
ActiveSET.org (or any portion thereof) or with one or more of
the principal products or services offered through ActiveSET.org
(collectively, "Competitive Products"). Customer hereby
represents and warrants that (a) it possesses all authorizations,
approvals, consents, licenses, permits, certificates or other
rights and permissions necessary to offer, sell or license the
products and services offered, sold or licensed by or through
the advertisements, and (b) the advertisements will not violate
any applicable law, regulation or third party right (including,
without limitation, any copyright, trademark, patent or other
proprietary right). In no event shall the advertisements state
or imply that (i) any advertisement was placed by ActiveSET.org
or (ii) that ActiveSET.org endorses advertiser's products or
services.
13. ADVERTISER CONDUCT. You are solely responsible for
the content you furnish us for inclusion in your advertisements.
ActiveSET.org does not assume any obligation to monitor the
content of your advertisements. However, you agree that we may
review your advertisements in responding to a third party complaint
or for any other reason, and we reserve the right in our sole
discretion to remove your advertisements from service without
notice and with no obligation to refund fees paid if we determine
your advertisements is unsuitable or being used for any unlawful
or harmful purpose, as determined in our sole discretion. The
content in your advertisements may be deemed by us to be unsuitable
if, in our view, it: (a). contains, promotes or links to sexually
explicit or violent material; (b). promotes, depicts or links
to material that promotes or depicts discrimination based on
race, gender, religion, national origin, physical or mental
disability, sexual orientation, or age; (c). contains unlawful
material, including but not limited to materials that may violate
another's intellectual property rights, or links to a site that
contains such material; (d). contains information or promotes
or links to a site that provides information regarding or promoting
illegal activity; (e). is considered by us or any person with
access to such content to be obscene, lewd, lascivious, filthy,
excessively violent, harassing or otherwise objectionable, whether
or not such material is constitutionally protected; or (f).
is deemed by us to be unsuitable for any other reason.
14. LIMITATION OF LIABILITY. You acknowledge that: (1)
this is a commercial business transaction; (2) occasional errors,
omissions and misplacements in our service(s) may occur and
can be corrected upon notification by the Customer; (3) any
potential harm from any error, omissions or misplacement is
speculative in nature; (4) we cannot offer advertising at rates
which reflect the revenue and profit which you may obtain from
that service; (5) we assume no responsibility other than as
contained in these terms and conditions. Customer hereby agrees
to indemnify, defend and hold harmless ActiveSET.org and the
officers, directors, agents, affiliates, distributors, franchises
and employees of ActiveSET.org from and against all claims,
actions, liabilities, losses, expenses, damages and costs (including,
without limitation, reasonable attorneys' fees that may at any
time be incurred by any of them by reason of any claims, suits
or proceedings: (a) for libel, defamation, violation of right
of privacy or publicity, copyright infringement, trademark infringement
or other infringement of any third party right, fraud, false
advertising, misrepresentation, product liability or violation
of any law, statute, ordinance, rule or regulation throughout
the world in connection with the advertisement(s) or Advertiser
Content; or (b) arising out of any material breach by Customer
of any duty, representation or warranty under this Agreement.
This section will survive the completion, expiration, termination
or cancellation of this Agreement.
15. NOTICES AND ANNOUNCEMENTS. You authorize us to notify
you as our Customer of information that we deem is of potential
interest to you. Notices and announcements may include commercial
e-mails and other notices describing changes, upgrades, new
products and services or information pertaining to Internet
security or to enhance your identity on the Internet and/or
other relevant matters. If you do not wish to receive email
solicitation notices or announcements please send us an email
at nomail@activeset.org.
16. EXCLUSIVE REMEDY. You agree that our entire liability,
and your exclusive remedy, in law, in equity, or otherwise,
with respect to any ActiveSET.org service(s) provided under
this Agreement and/or for any breach of this Agreement is solely
limited to the amount you paid for such service(s). ActiveSET.org
and its contractors shall not be liable for any direct, indirect,
incidental, special or consequential damages resulting from
the use or inability to use any of the ActiveSET.org service(s)
or for the cost of procurement of substitute service(s). Because
some states do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such states, our
liability is limited to the extent permitted by law. We disclaim
any and all loss or liability resulting from, but not limited
to: (1) loss or liability resulting from access delays or access
interruptions; (2) loss or liability resulting from data non-delivery
or data mis-delivery; (3) loss or liability resulting from acts
of God; (4) loss or liability resulting from the unauthorized
use or misuse of your account; (5) loss or liability resulting
from errors, omissions, or misstatements in any and all information
or service(s) provided under this Agreement; (6) loss or liability
resulting from the development or interruption of your service(s);
or (7) loss or liability that you may incur in connection with
our processing of your order for our service(s), our processing
of any authorized modification to your service(s) or your agents
failure to pay any fees, including the initial annual fee or
renewal fee.
17. INDEMNITY. If we are threatened with suit or sued
by a third party, we may seek written assurances from you concerning
your promise to indemnify us; your failure to provide those
assurances may be considered by us to be a material breach of
this Agreement.
18. BREACH. You agree that your failure to abide by any
provision of this Agreement, any ActiveSET.org operating rule
or policy, or your willful provision of inaccurate or unreliable
information as part of the ordering process, or your failure
to update your billing information to keep it current, complete
or accurate, or your failure to respond for over fifteen (15)
calendar days to inquiries from us concerning the accuracy of
the contact details associated with your billing information
may be considered by us to be a material breach and that we
may provide a written notice, describing the breach, to you.
If within ten (10) calendar days of the date of such notice,
you fail to provide evidence, which is reasonably satisfactory
to us, that you have not breached your obligations under this
Agreement, then we may delete the initiation or renewal of the
service(s) and/or terminate the other ActiveSET.org service(s)
you are using without further notice. We will not refund any
fees paid by you if we terminate your Agreement due to your
breach. Any such breach by you shall not be deemed to be excused
simply because we did not act earlier in response to that, or
any other breach, by you.
19. REPRESENTATIONS AND WARRANTIES. You agree and warrant
that: (i) the information that you or your agent on your behalf
provide to us during the ordering process for ActiveSET.org
service(s) is, to the best of your knowledge and belief, accurate
and complete, and that any future changes to this information
will be provided to us in a timely manner according to the modification
procedures in place at that time, (ii) to the best of your knowledge
and belief neither the initiation of your service(s) nor the
manner in which you intend to use such advertising will directly
or indirectly infringe the legal rights of a third party, (iii)
you have all requisite power and authority to execute this Agreement
and to perform your obligations hereunder, and (iv) you are
of legal age to enter into this Agreement. You agree that your
use of our service(s) is solely at your own risk. You agree
that all of our services are provided on an "as is,"
and "as available" basis.
20. DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE
NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS,
OR THAT OUR SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE. ACTIVESET.ORG WILL NOT PROVIDE REIMBURSEMENT
FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE CAUSED BY
ANY SUSPECTED OR ACTUAL EVIDENCE OF ELECTRONIC OR NON-ELECTRONIC
TAMPERING WITH ANY PORTION OF THE ACTIVESET.ORG IMAGES OR WEB
SITE, OR IF COMPUTER VIRUSES, BUGS, UNAUTHORIZED INTERVENTION,
FRAUD, OR TECHNICAL DIFFICULTIES OR FAILURES, OR ACTS OF GOD
THAT COMPROMISE OR CORRUPT OR AFFECT THE ADMINISTRATION, INTEGRITY,
OR SECURITY OF THE ACTIVESET.ORG IMAGES OR WEB SITE.
WE DO NOT
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF OUR SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE(S). YOU UNDERSTAND
AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF OUR SERVICE(S) IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE
NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH ANY OF OUR SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO
THROUGH SUCH SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICE(S)
OR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
21. REVOCATION. You agree that we may terminate your
contractual right to use our service(s) if the information that
you are obligated to provide to purchase an ActiveSET.org service(s),
or that you subsequently modify it to contain false or misleading
information, or to conceal or omit any information we would
likely consider material for our decision to provide you our
service(s). Furthermore, you agree that we may suspend, cancel
or transfer your service(s) in order to correct mistakes made
by us or the registry used for ordering your chosen service(s).
We will not refund any fees paid by you if we terminate your
service(s).
22. RIGHT OF REFUSAL. We, in our sole discretion, reserve
the right to refuse to upload your chosen service(s), or to
delete your service(s) within the first thirty (30) calendar
days from receipt of your payment for such services. In the
event we do not upload your service(s), or we delete your service(s)
within such thirty (30) calendar day period, we agree to refund
any applicable fee(s) you have paid. You agree that we shall
not be liable to you for loss or damages that may result from
our refusal to upload or the deletion of your service(s).
23. SEVERABILITY. You agree that the terms of this Agreement
are severable. If any term or provision is declared invalid
or unenforceable, that term or provision will be construed consistent
with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions
will remain in full force and effect.
24. SECURITY. If, in ActiveSET.org's opinion, there is
any suspected or actual evidence of electronic or non-electronic
tampering with any portion of our images or Web site, or if
computer viruses, bugs, unauthorized intervention, fraud, or
technical difficulties or failures compromise or corrupt or
affect the administration, integrity, or security of our images
or website, ActiveSET.org reserves the right at our sole discretion
to modify or suspend the Agreement of any individual or entity
who tampers with the ActiveSET.org images or Web site, or to
terminate the Agreement.
25. ENTIRETY. You agree that this Agreement, the rules
and policies published by us and the privacy statement are the
complete and exclusive agreement between you and us regarding
our services. This Agreement, our rules and policies and the
privacy statement supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
26. TRANSFER. Customer shall not assign ActiveSET.org
service(s) or any right, interest or benefit under this Agreement
without the prior written consent of ActiveSET.org. Assumption
of the service by any successor or Customer (including, without
limitation, by way of merger or consolidation) shall be subject
to our prior written approval. Subject to the foregoing, this
Agreement shall be fully binding upon, inure to the benefit
of and be enforceable by the parties hereto and their respective
successors and assigns.
27. APPLICATION. This is the entire Agreement between
you and us, superseding any other Agreement or discussions,
oral or written. This Agreement may be executed in counterparts,
each of which shall be deemed an original and all of which together
shall constitute one and the same document. This Agreement shall
be interpreted, construed and enforced in all respects in accordance
with the laws of the State of Florida, except for its conflicts
of laws principles. Customer hereby irrevocably consents to
the exclusive jurisdiction of the courts of the State of Florida
and the federal courts situated in the State of Florida in connection
with any action arising under this Agreement. If any provision
of this Agreement is declared by a Court of competent jurisdiction
to be invalid, illegal, or unenforceable, such a provision shall
be severed from the Agreement and the other provisions shall
remain in full force and effect.
28. AGREEMENT TO BE BOUND. By applying for and purchasing
our service(s) through our online order form process or by our
United States mail or fax in order form process or by using
the service(s) provided by ActiveSET.org under this Agreement,
you acknowledge that you have read and agree to be bound by
all terms and conditions of this Agreement and any pertinent
rules or policies that are or may be published by ActiveSET.org.
SERVICE SPECIFIC TERMS: The following terms apply in
addition to paragraphs 1 through 28 only if you have selected
the particular service described:
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A. DIRECTORY PROFILE: By ordering a Directory Profile
you make a binding contract in which you agree to the terms
and conditions of this Agreement and to pay for the advertising
described on this section. ActiveSET.org, agrees to accept your
order unless: (1) in our sole judgment it does not conform to
our editorial standards; or (2) you have failed to pay any prior
fees or charges. This service is not refundable or proratable
under any condition, circumstance, removal or cancellation.
1. Description of Service. ActiveSET.org is providing you with
a capability to initiate a single Web page that can be a "virtual"
business advertisement through a service provided by us.
2. Contents. Directory Profiles adhere to the ActiveSET.org
standard format which consists of the features and information
provided by Customer during the ordering process. Additions,
enhancements, images, programming, links, electronic forms or
Internet features other than that which is described in the
ordering process are not available and will not be installed
even if requested by Customer.
3. File Size. One Web page, limited to a file size of 40K and
adhering to the ActiveSET.org Directory Profile standard format
as described during the ordering process.
4. Term. Access and use of the services and Image Files contained
in the Secure Area is a complimentary service granted to Customer
for purchasing a Directory Profile for a one-year initial term.
Customer may NOT continue accessing and using the Image Files
if the Directory Profile annual fee for each successive one
year term has not been paid. This Agreement will terminate immediately
if Customer fails to comply with any of its terms or conditions.
You agree, upon termination, to destroy all copies of the Image
File(s) and to discontinue using the Image Files for any purpose.
5. TERMS
OF USE; THE SECURE AREA: BY ACCESSING THE SECURE AREA, THE
CUSTOMER AGREES TO THE LIMITATIONS PROVIDED UNDER THIS AGREEMENT
WHICH DEFINES HOW THE ACTIVESET.ORG SECURE AREA MAY AND MAY
NOT BE USED AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES.
a. ActiveSET.org is not responsible for any damages arising
from the Customer's use of the features contained in the Secure
Area or by Customer's inability to access the Secure Area or
use the Image File(s) or any other services for any reason.
b. ActiveSET.org, at its own discretion, will decide if any
terms of this Agreement have been violated by the Customer.
Upon written e-mailed notification to the Customer of terms
of use violations, ActiveSET.org may revoke your access to the
Secure Area and remove your Directory Profile.
c. Customer may not under any circumstances, sell, redistribute,
share, offer by Internet Service, Web site link, and/or otherwise
provide the Web address of the Secure Area to a third party(s)
whether for free or compensation. In that event, Customer agrees
to any and all of the following: i) This Agreement will terminate
and the Customer's service(s) will be revoked. Customer agrees
to immediately cease the use/distribution of the Web address
of the Secure Area and pay ActiveSET.org $300 for each Web address
used and/or distributed. ii). ActiveSET.org will not refund
or prorate the initiation fee or the renewal fee for service(s)
due to Customer's violation of this Agreement.
6. SECURE RFPs (Request for Proposals)
a. ActiveSET.org is not responsible for any damages arising
from Customer's use of the Secure RFPs or by Customer's inability
to access the Secure Area or use the Secure RFP(s) or any other
services for any reason.
b. Secure RFPs are the exclusive property of ActiveSET.org and
may not be shared, resold, distributed or otherwise made available
to a third party(s).
c. ActiveSET.org is not required to send notice to Customer
when new RFPs are received.
c. LIMITATIONS OF WARRANTIES AND LIABILITY:
THE SECURE RFPs ARE PROVIDED BY ACTIVESET.ORG ON AN "AS
IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE
ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR
OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE
OF SECURE RFPs OR ACCESS TO THE SECURE RFPs IN THE SECURE AREA
IS ASSUMED BY YOU. NEITHER ACTIVESET.ORG NOR ITS DEALERS OR
SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON
OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE
OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC
LOSS, EVEN IF ACTIVESET.ORG HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. ACTIVESET.ORG IS ALSO
NOT TO BE HELD RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE
LIMITATIONS SET FORTH HEREIN SHALL APPLY WHETHER OR NOT THE
ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION
OR TERM OR A FUNDAMENTAL BREACH.
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7. IMAGE FILES LICENSE AGREEMENT
ATTENTION: THIS LICENSE DOES NOT REPRESENT OR CONSTITUTE A SALE
OF ACTIVESET.ORG IMAGE FILES. THE FOLLOWING TERMS DEFINE AND
LIMIT PERMISSIBLE USE OF THE IMAGE FILES. LIMITATIONS ON WARRANTIES
AND/OR REMEDIES ARE DESCRIBED THEREIN. THIS LICENSE IS GRANTED
ONLY TO BUSINESS ENTITIES, AGENTS OF BUSINESS ENTITIES, AND
INDIVIDUALS WHO HAVE PAID THE DIRECTORY PROFILE ONE-YEAR INITIAL
TERM FEE. THE ANNUAL FEE IS RENEWABLE THEREAFTER FOR EACH SUCCESSIVE
ONE YEAR TERM FOR CONTINUED ACCESS TO AND USE OF THE IMAGE FILES.
IMPORTANT: READ THIS AGREEMENT CAREFULLY BEFORE USING THE IMAGE
FILES. DO NOT ACCESS THE ACTIVESET.ORG IMAGE FILE(S) IF YOU
DO NOT AGREE TO THE TERMS THEREIN. BY ACCESSING THE ACTIVESET.ORG
IMAGE FILE(S), YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT,
INCLUDING LIMITATIONS ON OBTAINING A LICENSE (SECTION A), MAINTAINING
A LICENSE (SECTION B), USE AND LICENSEE RIGHTS (SECTIONS D AND
E); AND LIMITATIONS OF WARRANTIES AND LIABILITY (SECTION G).
BY ACCESSING THE IMAGE FILE(S), YOU ACCEPT AND AGREE THAT THESE
TERMS ARE A BINDING CONTRACT. ACTIVESET.ORG WILL NOT PROVIDE
A LEGAL OPINION AS TO WHETHER YOUR USE IS IN COMPLIANCE WITH
THIS LICENSE. IF YOU ARE UNCERTAIN AS TO WHETHER YOUR INTENDED
USE IS IN COMPLIANCE WITH THIS LICENSE AGREEMENT, SEEK THE ADVICE
OF AN ATTORNEY. THIS LICENSE WILL TERMINATE IF YOU FAIL TO COMPLY
WITH ANY OF ITS TERMS OR CONDITIONS.
a. Obtaining a License. BY PURCHASING AN ACTIVESET.ORG DIRECTORY
PROFILE, ACTIVESET.ORG GRANTS YOU A NON-EXCLUSIVE, NONTRANSFERABLE
LICENSE TO ACCESS AND USE THE IMAGE FILES IN ACCORDANCE WITH
THE TERMS OF THIS LICENSE.
b. Maintaining a License. You will be granted a continued non-exclusive,
nontransferable License to access and print the Image File(s)
in accordance with the terms of this License. This License will
terminate immediately upon non-payment of the Directory Profile
one-year initial term fee and is renewable thereafter for each
successive one year term for continued use of the Image File(s).
c. Proprietary Rights. The copyright, and all other rights in
the Image File(s), shall remain with ActiveSET.org.
d. Use and Licensee Rights. Subject to restrictions described
herein, you may:
1. Incorporate any Image File(s) into source emissions testing
diagnostic, in-house, or compliance reports and proposals, and
publish, display and distribute your report in any hardcopy
or electronic media, provided you include the copyright notice
contained within the Images reflecting the copyright ownership
of Colleen Hodge as:
"Copyright © Colleen Hodge 1998. All rights reserved."
2. Store the Image File(s) on a network, storage jukebox or
similar device provided that only licensed users are permitted
access to the Image File(s).
3. Make one (1) copy of each Image File(s) for backup or archival
purposes.
e. Use and Licensee Rights. Subject to restrictions described
herein, you may not:
1. Incorporate or place any Image File(s) into your own Internet,
Intranet, or other online or electronic work, specifically,
but not limited to a webpage design, web advertising, web marketing,
e-commerce, e-Zine, or e-mail.
2. Make Image File(s) available for downloading separately,
or in a media format designed or intended for permanent storage
or reuse by a third party(s).
3. Resell, assign, sublicense, or otherwise make available the
Image File(s) for use or distribution, separately or detached,
from a product or web page to third party(s). Customer's clientele
may be provided with copies of the Image File(s) as an integral
part of your work product. Your clientele or third parties are
not permitted to use the Image File(s) separately or as part
of any other product.
4. Reproduce the Image File(s) with any commercial or offset
printing service provider.
5. Use or permit the use of the Image File(s), or any part thereof,
as a trademark or service mark, or claim any proprietary rights
in the Image File(s).
6. Use any of the Image File(s) related to identifiable individuals
or entities, for any commercial purpose, or in a manner which
suggests ActiveSET.org's association with or endorsement of
any product or service.
7. Alter, erase, cut, crop, or enhance, the Image File(s) in
any way, use portions of the Image File(s), or remove or disable
the copyright notice which reflects the copyright ownership
of the Images:
"Copyright © Colleen Hodge 1998. All rights reserved."
8. Share, release, rent, lease, sublicense, or lend the Image
File(s) nor the address to the secure ActiveSET.org image file
access area to another person, company or legal entity or other
third party(s).
9. Distribute the Image File(s) with any other product(s), commercially
or otherwise, including but not limited to multimedia applications,
software, hardware, books, brochures, compilation CD's, training
manuals, coursework materials, or the like, without the express
consent of ActiveSET.org.
10. Distribute, transfer or sell the Image File(s) in digital
form or otherwise, or in any other digital image collection
or library.
11. Resell the Image File(s) in any form whether it has been
altered, modified, merged or manipulated in any manner.
12. Remove or disable any markings that are included with the
Image File(s).
13. Create obscene, defamatory, or immoral works using the Image
File(s) nor use the Image File(s) for any other purpose prohibited
by law;
14. Use any Image File(s) except as expressly permitted by this
License.
Should you wish to acquire additional right(s), please contact
ActiveSET.org, which may or not grant such right(s) at its sole
discretion. Contact address: ActiveSET.org 3335 NW 47th Terrace
Gainesville, Florida 32606, ATTN: Colleen Hodge
f. Term. This License shall continue for as long as you are
in compliance with the terms and conditions of this Agreement.
This License will terminate immediately if you fail to comply
with any of its terms or conditions. You agree, upon termination,
to destroy all copies of the Image File(s) and to discontinue
using the Image Files for any purpose.
The Limitations of Warranties and Liability set out below shall
continue after any termination.
g. LIMITATIONS OF WARRANTIES AND LIABILITY:
1. THE IMAGE
FILE(S) ARE PROVIDED AND LICENSED BY ACTIVESET.ORG ON AN "AS
IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE
ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR
OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE
OF THE IMAGE FILES OR ACCESS TO THE IMAGE FILES IN THE SECURE
AREA IS ASSUMED BY YOU. NEITHER ACTIVESET.ORG NOR ITS DEALERS
OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON
OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE
OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC
LOSS, EVEN IF ACTIVESET.ORG HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. ACTIVESET.ORG IS ALSO
NOT TO BE HELD RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE
LIMITATIONS SET FORTH HEREIN SHALL APPLY WHETHER OR NOT THE
ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION
OR TERM OR A FUNDAMENTAL BREACH.
2.
You acknowledge that: (a) this is a commercial business transaction;
(b) occasional errors, omissions and misplacements may exist
in our Image Files; (c) any potential harm from any error, omissions
or misplacement is speculative in nature; (d) we assume no responsibility
other than as contained in this License. You hereby agree to
indemnify, defend and hold harmless ActiveSET.org and the officers,
directors, agents, affiliates, distributors, franchises and
employees of ActiveSET.org from and against all claims, actions,
liabilities, losses, expenses, damages and costs (including,
without limitation, reasonable attorneys' fees) that may at
any time be incurred by any of them by reason of any claims,
suits or proceedings: (i) for libel, defamation, violation of
right of privacy or publicity, copyright infringement, trademark
infringement or other infringement of any third party right,
fraud, false content, misrepresentation, product liability or
violation of any law, statute, ordinance, rule or regulation
throughout the world in connection with the Image Files; or
(ii) arising out of any material breach by you of any duty,
representation or warranty under this Agreement.
h. Accessibility/Continuing Service and Access. ActiveSET.org
reserves the right to discontinue your access and use of the
Image File(s) at any time and for any reason.
i. U.S. Government Rights. With respect to any acquisition of
the Image File(s) by or for any unit or agency of the United
States Government (the "Government"), the Image File(s)
shall be classified as "commercial computer software"
as that term is defined in the applicable provisions of the
Federal Acquisition Regulation (the "FAR") and supplements
thereto, including the Department of Defense (DoD) FAR Supplement
(the "DFARS"). The Image File(s) was/were developed
entirely at private expense, and no part of the Image File(s)
was/were first produced in the performance of a Government contract.
If the Image File(s) is/are supplied for use by the DoD, the
Image File(s) is/are delivered subject to the terms of this
Agreement and either (a) in accordance with DFARS 227.7202-1(a)
and 227.7202-3(a), or (b) with restricted rights in accordance
with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as applicable.
If the Image(s) is/are supplied for use by a Federal agency
other than the DoD, the Image File(s) is/are restricted computer
software delivered subject to the terms of this Agreement and
(i) FAR 12.212(a); (ii) FAR 52.227-19; or (c) FAR 52.227-14(ALT
III), as applicable. The contractor/manufacturer is ActiveSET.org
3335 NW 47th Terrace, Gainesville, Florida 32606.j. Eligibility.
To be eligible to use the Image File(s) you must be in compliance
with applicable export laws. By using or accessing the Image
File(s) you are representing and warranting to ActiveSET.org
that you are compliant with the following statements: (i) you
are not a citizen, national or resident of, and are not under
the control of, the government of : Cuba, Iran, Iraq, Libya,
North Korea, Serbia, Sudan, Syria, Taliban controlled areas
of Afghanistan, nor any other country to which the United States
has prohibited export; (ii) you will not download or otherwise
export or re-export the Image(s), directly or indirectly, to
the countries mentioned in clause (i) nor to citizens, nationals
or residents of those countries; (iii) you are not listed in
the United States Department of Treasury lists of Specially
Designated Nationals, Specially Designated Terrorists, or Specially
Designated Narcotic Traffickers, nor are you listed on the United
States Department of Commerce Table of Denial Orders; (iv) you
will not download or otherwise export or re-export the Image
File(s), directly or indirectly, to persons on the lists mentioned
in clause (iii); and (v) you will not use the Image File(s)
for, and will not allow the Image File(s) to be used for any
purposes prohibited by United States law, including, without
limitation, for the development, design, manufacture or production
of nuclear, chemical or biological weapons of mass destruction.
If you cannot represent and warrant that you are in compliance
with the above statements, you are not eligible to use the Image
File(s).
Top of Page
B. COMPANY PROFILE: By purchasing a Company Profile you
make a binding contract in which you agree to the terms and
conditions of this Agreement and to pay for the advertising
described on this section. ActiveSET.org, agrees to accept your
order unless: (1) in our sole judgment it does not conform to
our editorial standards; or (2) you have failed to pay any prior
fees or charges. No services offered by ActiveSET.org are refundable
or proratable under any condition, circumstance, removal or
cancellation.
1. Description of Service. ActiveSET.org is providing you with
a capability to initiate a single Web page that can be a "virtual"
business advertisement through a service provided by us.
2. Contents. Company Profiles adhere to the ActiveSET.org standard
format which consists of the features and information provided
by Customer during the ordering process. Additions, enhancements,
images, programming, links, electronic forms or Internet features
other than that which is described in the ordering process are
not available and will not be installed even if requested by
Customer.
3. File Size. One Web page, limited to a file size of 40K and
adhering to the ActiveSET.org Company Profile standard format
as described during the ordering process.
4. Access to the Secure Area is not granted to Customers who
have purchased a Company Profile.
Top of Page
C. BANNER AD.
1. Description of Service. ActiveSET.org is providing you with
the capability to forward users or visitors whom click on a
link to your specific domain name or to another domain name
designated by you through a service branded as "Banner
Ads". You represent and warrant that you have the necessary
rights to use the forwarding service to forward or point to
your domain name(s) to the other domain name designated by you
in ordering such services.
2. Format. Banner Ad dimensions are 300W x 35H Pixels and consist
of two parts. One part for the logo (100W x 35H Pixels, filesize
under 4K, gif or jpeg, no animation). The second part (200W
x 35H) for the tag title.
3. Tag Title. To conform to the ActiveSET.org Banner Ad format,
the Banner Ad is limited to a 30 character "Tag Title".
The tag title will link to the Customer's Web address or to
their Company Profile as specified in the ordering process.
4. Access to the Secure Area is not granted to Customers who
have purchased a Banner Ad(s).
Top of Page
D. NEWSLETTER ARTICLE.
1. Description of Service. ActiveSET.org is providing you with
a capability to dispatch a single Newsletter Article that can
be a "virtual" brochure to recipients of the "SET
News!" newsletter as a service provided by us. Types of
submissions include an article containing a news release, new
product showcase, or other news worthy item suitable to the
interest of air quality professionals.
2. Article Submissions. ActiveSET.org reserves the right to
edit, re-purpose or re-publish all articles submitted to ActiveSET.org
in any medium for any reason with proper credit to the author.
Proper credit is defined as the Author's name and where possible
a link to the Author's Website and/or email address, when such
information has been included in the submission. The publication
of any articles submitted to ActiveSET.org is solely at the
discretion of ActiveSET.org.
3. Limitations. Newsletter Articles should be in the 60-70 word
range and include a 2-line promotion of the author's site. Upon
approval of content, the Customer's Newsletter Article will
be published in one issue only of "SET News! Articles are
formatted as plain text format with no HTML or images. Additional
lines are available on a pro rata basis. "ALL CAPS TEXT"
is not permitted.
4. Deadlines. For inclusion to the current month's issue of
"SET News!", Newsletter Articles should be received
by ActiveSET.org no less than two weeks prior to the 5th day
of the month. All efforts will be made to include the Customer's
Newsletter Article in the current month's issue but space is
limited to availability. When space is not available, the Customer's
Newsletter Article will be included in the next available monthly
issue.
5. Publication Schedule. "SET News!" newsletters are
dispatched via e-mail, to opt-in registered recipients only,
once per month, except United States Legal Holidays.
6. Access to the Secure Area is not granted to Customers who
have purchased a Newletter Article.
This
is Advertising Services Agreement Version 2.0
ActiveSET.org is owned and operated by:
Emissions Schematics 3335 NW 47th Terrace Gainesville, Florida
32606 USA
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