WEBMASTER
TERMS OF SERVICE AGREEMENT
USER
AGREEMENT IMPORTANT - READ CAREFULLY: THIS USER AGREEMENT (THE "AGREEMENT")
IS BETWEEN YOU AND AFFINIGENT, INC. ("AFFINIGENT"). THIS
AGREEMENT SETS FORTH THE TERMS AND CONDITIONS REGARDING YOUR USE
OF THE AFFINIGENT DESIGNED SITE KNOWN AS "CURRYCUPPLY.COM"
(THE "WEB SITE"). BY REGISTERING AS A USER OF CURRYCUPPLY.COM
AND THE WEB SITE, YOU AGREE TO FOLLOW AND TO BE LEGALLY BOUND BY
THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ARE PERMITTED TO
USE, REPRODUCE, AND DISPLAY MATERIALS ON THE WEB SITE ONLY UPON
THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT IMMEDIATELY,
AND DO NOT USE THIS WEB SITE. THE USE, REPRODUCTION, OR DISPLAY
OF ANY MATERIALS ON THE WEB SITE BY YOU OR BY A THIRD PARTY ON YOUR
BEHALF CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
GENERAL
USE PROVISIONS
All
materials provided on this Web Site, including but not limited to
information, documents, products, logos, graphics, sounds, images,
software, and services ("Materials"), are provided either
by Affinigent or by its respective third party manufacturers, authors,
developers, licensors and vendors ("Third Party Providers")
and are the copyrighted work of Affinigent and/or its Third Party
Providers. The Third Party Providers, including but not limited
to Affinigent, are the intended beneficiaries of this Agreement
and may enforce the terms of this Agreement against you. Except
as stated herein, none of the Materials may be copied, reproduced,
distributed, republished, modified, downloaded, displayed, posted
or transmitted in any form or by any means, including but not limited
to electronic, mechanical, photocopying, recording, or other means,
without the prior express written permission of Affinigent or the
appropriate Third Party Provider. Also, you may not "mirror"
any Materials contained on this Web Site on any other server without
Affinigent's prior written consent. Affinigent hereby grants you
permission to use, reproduce, and display Affinigent's Materials
on this Web Site only, provided that: (1) both the copyright notice
identified below and this permission notice appear in the Materials;
(2) the use, reproduction, and display of such Materials is solely
for your own internal, personal, non-commercial and informational
use and will not be distributed, provided, or displayed to third
parties, posted on any networked computer, or broadcast in any media;
(3) such use, reproduction, and display is only in accordance with
the documentation, instructions, and other restrictions regarding
the Materials; and (4) the Materials are not modified in any way.
This permission terminates automatically without notice immediately
upon the breach of any of the terms of this Agreement by you or
by any person or entity acting on your behalf. Upon termination,
you will immediately destroy any downloaded, copied, reproduced
or printed Materials.
Any unauthorized use of any Materials contained on this Web Site
may violate copyright laws, trademark laws, the laws of privacy
and publicity, and communications regulations and statutes.
LINKS
TO THIRD PARTY SITES
This Web site may contain links to web sites controlled by persons
other than Affinigent. Affinigent is not responsible for and does
not endorse or accept any responsibility for the contents or use
of these third party web sites or any transactions completed through
such sites. It is your responsibility to take precautions to ensure
that whatever materials you select for your use are appropriate
for your purposes and are free of viruses or other items of a destructive
nature.
SOFTWARE
USE RESTRICTIONS
Any
software that may be made available to download from this Web Site
("Software") is the copyrighted work of Affinigent and/or
Third Party Providers. Use of the Software is governed by this Agreement
and the additional terms set forth in this Section ("Software
Use Restrictions"). For purposes of this Agreement, the term
"Software" includes without limitation computer software
and/or materials provided with or incorporated into the Software,
and any related materials or documentation thereto. You agree to
the Software Use Restrictions by installing, copying, downloading,
or using the Software. The Software is made available for downloading
solely for use by end users in accordance with the provisions of
this Agreement, including without limitation the Software Use Restrictions.
Without limiting the foregoing, the copying or reproduction of the
Software to any other server or location for further reproduction
or redistribution is expressly prohibited. Any reproduction or redistribution
of the Software not in accordance with this Agreement is expressly
prohibited and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. Title
and copyrights in and to the Software, and any copies thereof, are
owned by and remain with Affinigent and/or its Third Party Providers.
The Software is protected by copyright laws, other intellectual
property laws, and international treaties. Unauthorized use or copying
of the Software or otherwise failing to comply with the terms and
conditions of this Agreement will result in automatic termination
of this license and will entitle Affinigent and/or its suppliers
to other legal remedies. Upon termination of this Agreement for
any reason whatsoever: (i) you must immediately cease using the
Software, (ii) all of the rights granted to you hereunder shall
immediately cease, and (iii) you must promptly destroy or erase
all copies (including back-up copies) of the Software.
THE
SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS
AND AFFINIGENT AND THE THIRD PARTY PROVIDERS MAKE NO WARRANTIES
OF ANY KIND REGARDING THE SOFTWARE OR THE USE OR PERFORMANCE THEREOF.
AFFINIGENT AND THE THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS
OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AFFINIGENT
AND THIRD PARTY PROVIDERS DO NOT WARRANT THE PERFORMANCE OR RESULTS
YOU MAY OBTAIN BY USING THE SOFTWARE OR THE ACCOMPANYING DOCUMENTATION.
AFFINIGENT AND THE THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY
FOR ANY YEAR-2000 RELATED ISSUES OR FOR ANY VIRUSES RELATED TO THE
SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AFFINIGENT
AND THE THIRD PARTY PROVIDERS DO NOT WARRANT THAT (A) THE SOFTWARE
WILL MEET YOUR REQUIREMENTS; (B) THE SOFTWARE WILL OPERATE IN COMBINATION
WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA; (C) THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (D) ANY PROGRAM
ERRORS WILL BE CORRECTED; OR (E) SECURITY PROCEDURES USED WILL PROTECT
CONFIDENTIAL OR PRIVATE INFORMATION THAT YOU PLACE ON THE SOFTWARE.
SUBMISSIONS
Except
where expressly provided otherwise by Affinigent, all comments,
feedback, information or materials submitted to Affinigent through
or in association with this Web Site ("Submissions") shall
be considered non-confidential and Affinigent's property. By providing
such Submissions to Affinigent, you assign to Affinigent, at no
charge, all worldwide rights, title and interest in copyrights and
other intellectual property rights to the Submissions. You acknowledge
that you are responsible for the Submissions that you provide, and
that you, not Affinigent, have full responsibility for the Submissions,
including their legality, reliability, appropriateness, originality
and copyright.
PRIVACY
POLICY
You
agree to the Affinigent Privacy Policy set forth below (the "Privacy
Policy").
Affinigent has created this Privacy Policy in order to demonstrate
our commitment to privacy. Affinigent recognizes your need for appropriate
protection and management of personally identifiable information
that you share with Affinigent, which includes any information by
which you can be identified, such as name, address, and telephone
number. Affinigent has established this privacy policy so that you
can understand the care with which we intend to treat the information
that you provide to the Web Site. Affinigent assures you that we
will take reasonable steps to see that this Privacy Policy is followed
within our company.
When you register with Affinigent, we collect certain information
about you, including your Internet address. We track the Internet
address of the domains from which users visit us and analyze this
data for trends and statistics. We also use your Internet address
to help diagnose problems with our server and to administer our
Web Site. Your Internet address is used to help identify you and
your purchases through Affinigent and to gather demographic information.
Some
of the pages on the Web Site utilize "cookies" so that
we can better serve you with more tailored information when you
return to our site. Cookies are identifiers that a web site can
send to your browser to keep on your computer to facilitate your
next visit to our site. You can set your browser to notify you when
you are sent a cookie, giving you the chance to decide whether or
not to accept it. The information we collect and analyze is used
to improve our service to you. We use cookies to deliver content
specific to your interests, to save your password so you don't have
to re-enter it each time you visit our site, and for other purposes.
The Web Site's registration form requires you to give us your contact
information (such as your name and Internet address, password, and
ZIP code). We use your contact information from the registration
form to send you information about Affinigent, the Web Site, and
promotional materials from Affinigent and others. Your contact information
is also used to contact you when necessary and may be shared with
other companies who may want to contact our users. Affinigent provides
users the opportunity to elect not to receive e-mail updates regarding
the Web Site. If you do not want to receive these communications
from us, please indicate this when you are registering or send an
e-mail to info@Affinigent.com.
Certain
portions of the Web Site may prompt you to provide other personal
information in your user profile. You may choose not to provide
this information, but if you do so you may be unable to access certain
options, offers, and services on the Web Site. Affinigent does not
currently sell, trade, or rent any personal information that identifies
particular individuals to any third parties; however, we may choose
to do so in the future. Affinigent may also use this information
for Affinigent marketing purposes. The user profile will provide
you the option to elect not to receive future mailings, or you may
send an e-mail to info@Affinigent.com. Also, Affinigent may provide
aggregate statistics about our customers, sales, traffic patterns,
and related site information to third parties, but these statistics
will not include information that identifies particular individuals.
Affinigent may, from time to time, ask demographic or personal preference
questions. You are never required to answer these questions; however,
the information that you provide may be used for analyzing overall
site demographics, user preferences and tastes, and similar "getting
to know our customers" purposes. This information may also
be disclosed to third parties.
Affinigent may include certain functions that permit you to enter
personal information, such as contact information on your customers
or prospective customers. Affinigent will take reasonable steps
to attempt to protect the individual contact information that you
enter into the functions on Affinigent from unauthorized access
or disclosure. The Web Site has certain security measures in place
to protect against the loss, misuse and alteration of the information
under our control; however, no security measure is foolproof.
THE SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN "AS IS"
BASIS AND AFFINIGENT AND THE THIRD PARTY PROVIDERS MAKE NO WARRANTIES
OF ANY KIND REGARDING THE SOFTWARE OR THE USE OR PERFORMANCE THEREOF.
AFFINIGENT AND THE THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS
OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AFFINIGENT
AND THIRD PARTY PROVIDERS DO NOT WARRANT THE PERFORMANCE OR RESULTS
YOU MAY OBTAIN BY USING THE SOFTWARE OR THE ACCOMPANYING DOCUMENTATION.
AFFINIGENT AND THE THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY
FOR ANY YEAR-2000 RELATED ISSUES OR FOR ANY VIRUSES RELATED TO THE
SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AFFINIGENT
AND THE THIRD PARTY PROVIDERS DO NOT WARRANT THAT (A) THE SOFTWARE
WILL MEET YOUR REQUIREMENTS; (B) THE SOFTWARE WILL OPERATE IN COMBINATION
WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA; (C) THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (D) ANY PROGRAM
ERRORS WILL BE CORRECTED; OR (E) SECURITY PROCEDURES USED WILL PROTECT
CONFIDENTIAL OR PRIVATE INFORMATION THAT YOU PLACE ON THE SOFTWARE.
Affinigent
uses an online order form for you to order information, products,
and services through the Web Site. We collect financial information
(like your account or credit card numbers) when you complete this
online order form. Financial information that we collect is used
to bill you for the information, products, and services that you
order.
We
may use an outside advertising company to display ads on our site.
These ads may contain cookies. While we use cookies in other parts
of our Web Site, cookies received with banner ads may be collected
by ad companies, and we may not have access to this information
or be able to control its distribution.
The Web Site may make chat rooms, forums, message boards, and/or
news groups ("Forums") available for you to use. Please
remember that any information that is disclosed in these areas becomes
public information and you should exercise caution when deciding
to disclose your personal information. Affinigent is not responsible
in any manner, and shall not be liable for, any materials, statements
or information that may be presented, posted or broadcast in any
Forums and Affinigent shall have no duty or obligation to review,
edit, remove, correct or comment on any such materials, statements
or information. If you present, post or broadcast any materials,
statements or information in any Forum, you agree to indemnify and
hold harmless Affinigent, and its officers, directors, employees
and representatives from and against any claim, cost or demand (including,
without limitation, reasonable attorneys' fees) arising therefrom.
The Web Site may contain links to other sites. Affinigent is not
responsible for the privacy practices or the content of such web
sites, notwithstanding the inclusion on such site of the trademarks
of Affinigent.
You may update information previously provided to Affinigent by
sending an email to info@Affinigent.com.
This
Privacy Policy is a part of the agreement between you and Affinigent.
Your use of the Web indicates your agreement to the terms of this
Privacy Policy. You agree that the Electronic Communications Privacy
Act (the "ECPA") shall not apply to any communications
with Affinigent. Affinigent has the right to revise this Agreement,
including this Privacy Policy, at any time without notice by notice
of the revisions posted to the Web Site. If you have any questions
about this Agreement or this Privacy Policy, the practices of this
Web Site, or your dealings with this Web Site, please contact info@Affinigent.com.
PERSONAL
WEB SITE
Affinigent may offer a Personal Web Site that you may purchase from
Affinigent. Affinigent may host this site for you and provide a
web address for you. You are responsible for all content, images,
links and text (collectively "content") displayed on pages
within your Personal Web Site, including content provided by you
or by any person that you give editing rights to. However, Affinigent
reserves its sole right to remove or modify your content if, in
the sole opinion, Affinigent believes it may create liability for
Affinigent or is inappropriate in any respect.
The content distributed through your Personal Web Site: (a) shall
not infringe any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy;
(b) shall not violate any law, statute, ordinance or regulation
(including without limitation the laws and regulations governing
export control, unfair competition, antidiscrimination or false
advertising); (c) shall not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (d) shall not be obscene or
contain pornography; and (e) shall not contain any viruses, trojan
horses, worms, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information.
FEES
You
agree to pay all fees due by reason of your use, reproduction, downloading,
or display of Materials on the Web Site. Fees do not include tax
and, where applicable, you agree to pay any sales, use, property,
value-added, withholding or other taxes that may be assessed in
connection with such fees. All fees incurred in connection with
the Web Site are non-refundable. If (i) you have paid fees associated
with the Web Site and you believe that you did not receive the Materials
and/or services that you ordered or (ii) you would like to cancel
a subscription, please contact the individual listed in "Contact
Information" below.
Affinigent
may terminate the offering of the Web Site and any or all Personal
Web Sites at its sole discretion. Following termination, we may
remove some or all of your Submissions from the Web Site or some
or all of your Content from any or all Personal Web Sites. If Affinigent
terminates the Web Site or Personal Web Sites, you are entitled
to a refund of any unused monthly maintenance fees on a prorata
basis. You may request that the Content of your Personal Web Site
be provided to you in electronic form, at your expense.
DISCLAIMER
THE
MATERIALS ON THE WEB SITE, INCLUDING BUT NOT LIMITED TO SOFTWARE,
ARE PROVIDED STRICTLY ON AN "AS IS" BASIS. AFFINIGENT
AND THE THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU
ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE MATERIALS
ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. AFFINIGENT AND THE
THIRD PARTY PROVIDERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES,
GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH,
ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE
WEB SITE.
LIMITATION
OF LIABILITY
AFFINIGENT
AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES
SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING,
DISTRIBUTING, OR DOWNLOADING THE MATERIALS, INCLUDING BUT NOT LIMITED
TO SOFTWARE. IN NO EVENT SHALL AFFINIGENT OR THE THIRD PARTY PROVIDERS
BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE,
PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING,
INCLUDING WITHOUT LIMITATION WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
WEB SITE, EVEN IF AFFINIGENT HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE
ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN
CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST
AFFINIGENT FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS,
LOST PROFITS, OR LOST OPPORTUNITIES RESULTING FROM THE USE OF THE
MATERIALS. YOU AGREE TO HOLD AFFINIGENT AND THE THIRD PARTY PROVIDERS
HARMLESS FROM, AND YOU COVENANT NOT TO SUE AFFINIGENT OR THE THIRD
PARTY PROVIDERS FOR ANY CLAIMS BASED ON OR RELATED TO THE USE OF
THE WEB SITE.
LOCAL
LAWS; EXPORT CONTROL
Affinigent
controls and operates this Web Site from its headquarters in various
locations in the United States of America and makes no representation
that these Materials are appropriate or available for use in other
locations. If you use this Web Site from other locations, you are
responsible for compliance with applicable local laws including
but not limited to the export and import regulations of other countries.
Unless otherwise explicitly stated, all marketing or promotional
materials found on this Web Site are solely directed to individuals,
companies or other entities located in the United States of America.
You acknowledge and agree that Materials are subject to the U.S.
Export Administration Laws and Regulations. Diversion of such Materials
contrary to U.S. law is prohibited. You agree that none of the Materials,
nor any direct product therefrom, is being or will be acquired for,
shipped, transferred, or re-exported, directly or indirectly, to
proscribed or embargoed countries or their nationals, nor be used
for nuclear activities, chemical biological weapons, or missile
projects unless authorized by the U.S. Government. Proscribed countries
are set forth in the U.S. Export Administration Regulations. Countries
subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea,
Syria, and the Sudan. This list is subject to change without further
notice from Affinigent, and you must comply with the list as it
exists in fact. You certify that you are not on the U.S. Department
of Commerce's Denied Persons List or affiliated lists or on the
U.S. Department of Treasury's Specially Designated Nationals List.
You agree to comply strictly with all U.S. export laws and assume
sole responsibility for obtaining licenses to export or re-export
as may be required.
GENERAL
This
Web Site may include inaccuracies or typographical errors. Affinigent
and the Third Party Providers may make changes in the products,
services, Software, and prices described in this Web Site at any
time without notice. Affinigent may periodically make changes to
the Web Site. Any action related to this Agreement will be governed
by Pennsylvania law and controlling U.S. federal law. No choice
of law rules of any jurisdiction will apply. This Agreement represents
the entire understanding relating to the use of the Web Site and
prevails over any prior or contemporaneous, conflicting or additional,
communications, including but not limited to statements on the Web
Site. Affinigent has the right to revise this Agreement at any time
without notice by updates posted to the Web Site. Any rights not
expressly granted herein are reserved by Affinigent.
INTELLECTUAL
PROPERTY NOTICES
Elements
of the Web Site are protected by trademark and other laws and may
not be copied or imitated in whole or in part. No logo, graphic,
sound or image from the Web Site may be copied or retransmitted
unless expressly permitted by Affinigent.
Affinigent,
the Affinigent logo, and/or other Affinigent products or services
referenced herein are trademarks of Affinigent, Inc., and may be
registered in certain jurisdictions. All other product names, company
names, marks, logos, and symbols may be the trademarks of their
respective owners.
Copyright
© 2000 Affinigent, Inc., 4 Kent Road, Suite 200, York, PA 17402.
All rights reserved.
If
you have any questions about this Agreement, or if you would like
to cancel your subscription or request a refund for Materials that
were not delivered in accordance with the accompanying terms, please
contact Affinigent Customer Support at (717) 600 0033, (717)600
2341 (fax) or info@affinigent.com