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Terms of Service
Web Site User Agreement — Permissions Information
The Azalea Technology, LLC. Web Site (the "Site") is a Web site designed and/or hosted by Azalea
Technology, LLC., subject to your compliance with the terms and conditions set forth below. PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. AZALEA TECHNOLOGY, LLC. MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF
THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE
OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The
owner of the copyrights and trademarks are Azalea Technology, LLC., its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas of the Site solely for
your own non-commercial use provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to Azalea Technology, LLC. a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by email to Azalea Technology, LLC. by all means and in
any media now known or hereafter developed. You also grant to Azalea Technology, LLC. the
right to use your name in connection with the submitted materials and other information as
well as in connection with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against Azalea Technology, LLC. for any
alleged or actual infringement or misappropriation of any proprietary right in your
communications to Azalea Technology, LLC.
If you believe that content appearing on any Azalea Technology, LLC. site constitutes copyright
infringement of another party's rights, please follow see our Copyrights and Copyright Agent page.
Pursuant to the Digital Millennium Copyright Act, Azalea Technology, LLC. has adopted and has
implemented a policy that will terminate a subscriber's or user's account and privileges, in
appropriate circumstances, if it is found that the subscriber or user is engaging in repeated
instances of copyright infringement.
TRADEMARKS
Azalea Technology, LLC., and/or any other names of Azalea Technology, LLC., or its publications,
products, content or services referenced herein or on the Site are the exclusive trademarks or
service marks of Azalea Technology, LLC. Other product and company names mentioned in the Site
may be the trademarks of their respective owners.
USE OF THE SITE
You understand that, except for information, products or services clearly identified as being
supplied by Azalea Technology, LLC., Azalea Technology, LLC. does not operate, control or endorse
any information, products or services on the Internet in any way. Except for Azalea Technology, LLC.
identified information, products or services, all information, products and services offered
through the Site or on the Internet generally are offered by third parties that are not affiliated
with Azalea Technology, LLC. You also understand that Azalea Technology, LLC. cannot and does not
guarantee or warrant that files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. AZALEA TECHNOLOGY, LLC.
PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND AZALEA TECHNOLOGY, LLC. SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. AZALEA TECHNOLOGY, LLC. DOES
NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL
BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. AZALEA TECHNOLOGY, LLC.
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL AZALEA TECHNOLOGY, LLC. BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF AZALEA TECHNOLOGY, LLC. OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, AZALEA TECHNOLOGY, LLC.'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Azalea Technology, LLC. makes no representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you access a non-Azalea Technology, LLC.
Web site, please understand that it is independent from Azalea Technology, LLC., and that Azalea Technology, LLC.
has no control over the content on that Web site. In addition, a link to a Azalea Technology, LLC. Web
site does not mean that Azalea Technology, LLC. endorses or accepts any responsibility for the
content, or the use, of such Web site.
Indemnification
You agree to indemnify, defend and hold Azalea Technology, LLC., its officers, directors, employees,
agents, licensors, suppliers and any third party information providers to the Service from and against
all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful conduct) by you or any other person
accessing the Service.
Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit
of Azalea Technology, LLC. and its members, officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly against you on its own behalf.
Severability
If any provision of this Agreement, or the application of such provision to any Person or
circumstance, shall be held by a court of competent jurisdiction to be invalid or unenforceable,
the remainder of this Agreement, or the application of such provision to Persons or
circumstances other than those to which it is held to be invalid or unenforceable, shall not
be affected thereby.
Termination
This Agreement may be terminated by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of the State of
Texas applicable to agreements made and to be performed in Texas. You agree that any legal action
or proceeding between Azalea Technology, LLC. and you for any purpose concerning this Agreement
or the parties' obligations hereunder shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in Texas. Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. Azalea Technology, LLC.'s failure to
insist upon or enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this Agreement. Azalea Technology, LLC.
may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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