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Legal
Web Site Use Agreement. Use of the Link Data Services website signifies
your agreement to the terms and conditions of use set forth below
in the Agreement:
( 1) You acknowledge that you have read the terms and conditions of use
and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS COMPANY WEB SITE. If you do
not agree to these terms and conditions of use, you may not access or otherwise
use this Company Web Site.
(2) Company may monitor your use of this Company Web Site, and may freely
use and disclose any information and materials received from you or collected
through your use of the Company Web Site for any lawful reason or purpose.
(3) Company reserves the right, at its sole discretion, to change, modify,
add or remove any portion of this Agreement, in whole or in part, at any
time. Notification of changes in the Agreement will be posted on the Company
Web Site.
(4) The Company Web Site is protected by copyright as a collective work
and/or compilation, pursuant to U.S. copyright laws, international conventions,
and other copyright laws. The contents of the Company Web Site are only
for your personal, non-commercial use. All materials contained on the Company
Web Site are protected by copyright, and are owned or controlled by Company
or the party credited as the provider of the Content. You will abide by
any and all additional copyright notices, information, or restrictions contained
in any Content on the Company Web Site. You may download and make (1) [copy/copies]
of the Content and other downloadable items displayed on this Company Web
Site for personal, noncommercial use only, provided that you maintain all
copyright and other notices contained in such Content. Copying or storing
of any Content for other than personal, noncommercial use is expressly prohibited
without the prior written permission from Company or the copyright holder
identified in the individual Contents copyright notice.
(5) Company may change, suspend or discontinue any aspect of the Company
Web Site at any time, including the availability of any Company Web Site
feature, database, or Content. Company may also impose limits on certain
features and services or restrict your access to parts or all of the Company
Web Site without notice or liability.
(6) You represent, warrant and covenant that: (a) you shall not upload,
post or transmit to or distribute or otherwise publish through the Company
Web Site any materials which (i) restrict or inhibit any other user from
using and enjoying the Company Web Site, (ii) are unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic,
profane, sexually explicit or indecent, (iii) constitute or encourage conduct
that would constitute a criminal offense, give rise to civil liability or
otherwise violate law, (iv) violate, plagiarize or infringe the rights of
third parties including, without limitation, copyright, trademark, patent,
rights of privacy or publicity or any other proprietary right, (v) contain
a virus or other harmful component, (vi)contain any information, software
or other material of a commercial nature, (vii) contain advertising of any
kind, or (viii) constitute or contain false or misleading indications of
origin or statements of fact; (b) that you are at least eighteen (18) years
old.
(7) You hereby agree to indemnify, defend and hold Company, and all its
officers, directors, owners, agents, employees, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified Parties') harmless
from and against any and all liability and costs incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you of
the Agreement or the foregoing representations, warranties and covenants,
including, without limitation, attorneys fees and costs. You shall cooperate
as fully as reasonably required in the defense of any claim. Company reserves
the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you and you shall
not in any event settle any matter without the written consent of Company.
(8) The Company Web Site contains links and pointers to the other related
World Wide Web Internet sites, resources, and sponsors of the Company Web
Site. Links to and from Company Web Site to other third party sites, maintained
by third parties, do not constitute an endorsement by Company or any of
its subsidiaries or affiliates of any third party resources, or their contents.
(9) Company does not represent or endorse the accuracy or reliability of
any advice, opinion, statement, or other information displayed or distributed
through the Company Web Site. You acknowledge that any reliance upon any
such opinion, advice, statemen@ memorandum, or information shall be at your
sole risk. Company reserves the right, in its sole discretion, to correct
any errors or omissions in any portion of the Company Web Site.
(1O) Company does not and cannot review all materials posted to the Company
Web Site by users, and Company is not responsible for any such materials
posted by users. However, Company reserves the right at all times to disclose
any information as necessary to satisfy any law, regulation or government
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, that in Company's sole discretion are objectionable
or in violation of this Agreement.
(11) THE COMPANY WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS
AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE COMPANY WEB SITE,
IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND
ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF
ANY KIND WHATSOEVER FOR THE CONTENT ON THE COMPANY WEB SITE OR THE MATERIALS,
INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED
THROUGH THE COMPANY WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT
LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE
TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE COMPANY WEB SIT'E OR ANY
LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LOMATION, NON-INFRINGEMEENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE COMPANY WEB SITE OR ANY MATERIALS OR
CONTENT CONTAINED THEREIN WELL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WELL BE CORRECTED, OR THAT THE COMPANY WEB SITE OR THE SERVER THAT MAKES
IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND
ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE COMPANY
WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED
THEREIN.
(12) By posting messages, uploading files, inputting data or engaging in
any other form of communication (individually or collectively "Communications')
to the Company Web Site, you hereby grant to Company a perpetual, worldwide,
irrevocable, unrestricted, non-exclusive, royalty free license to use, copy,
license, sublicense, adapt, distribute, display, publicly perform, reproduce,
transmit, modify, edit and otherwise exploit such Communications, in all
media now known or hereafter developed. You hereby waive all rights to any
claim against Company for any alleged or actual infringements of any proprietary
rights, rights of privacy and publicity, moral rights, and rights of attribution
in connection with such Communications.
(13) You acknowledge that transmission to and from this Company Web Site
are not confidential and your Communications may be read or intercepted
by others. You acknowledge that by submitfing Communications to Company,
no confidenfial, fiduciary, contractually implied or other relationship
is created between you and Company other than pursuant to this Agreement.
(14) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE LAWS OF THE STATE OF INDIANA WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS.
SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT
OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL
COURT LOCATED IN THE STATE OF INDIANA
(15) This Agreement constitutes the entire agreement between Company and
you with respect to your use of the Company Web Site. Any cause of action
you may have with respect to your use of the Company Web Site must be commenced
within one (1) year after the claim or cause of action arises. If for any
reason a court of competent jurisdiction finds any provision of the Agreement,
or portion thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of the Agreement,
and the remainder of this Agreement shall continue in full force and effect.
Company disclaims any and all responsibility for content contained in any
third party materials provided through links from the Company Internet site.
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