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you ("User") is subject to, and constitutes
your acceptance of, and agreement to comply with,
the following terms and conditions ("Agreement").
If you do not agree to the terms and conditions of
this Agreement, you should immediately discontinue
any use of the Site. Also note that the terms and
conditions of this Agreement may change from time
to time and it is your responsibility to check for
such updates on this Site. If any change is unacceptable
to you, your sole recourse is to discontinue accessing
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as amended.
Copyright
The Affiliate Index either owns the intellectual
property rights, including copyright, or has acquired
the necessary licence's therein, in and to the information,
including, without limitation, all text, HTML code,
multimedia clips, images, graphics, icons, Java code,
and the selection and arrangement of the contents
of the Site (collectively the "Information").
The User is granted a limited, non-exclusive license
to display the Information and print short extracts
of the Information for the User's own personal use
only, provided the Information is not modified, identifies
the source, bears The Affiliate Index's copyright
notice as it appears above, and provided further that
the User shall be fully responsible for any consequences
resulting from such use. Any other use of the Information
is strictly prohibited. None of the Information may
be otherwise reproduced, republished or re-disseminated,
in whole or in part, in any manner or form without
the prior written consent of The Affiliate Index.
Reservation
of Endorsement General.
The Site may contain links to other sites. These links
are provided for your convenience only as references
to help the User identify and locate other Internet
resources that may be of interest. Independent third
parties, other than The Affiliate Index, have developed,
maintain and operate these other sites and The Affiliate Index does not assume responsibility for the accuracy,
completeness, appropriateness or timeliness of any
statements, data, information, opinions, or advice
contained at such sites. In providing links to other
sites, The Affiliate Index is in no way acting
as a publisher or disseminator of the material contained
on those other sites and does not monitor, or maintain
any type of control, editorial or otherwise, over
such sites. A link to another site should not be construed
to mean that The Affiliate Index recommends, approves
or endorses, or is affiliated or associated with,
that other site, or is authorized to use any trademark,
service mark, trade name, logo, symbol or copyrighted
work that may be reflected in the link or the description
of the link to other such sites. The User's access
to and use of such sites, whether through use of a
link contained on this Site or otherwise, including
the use of any material, information, products or
services contained therein, are solely at the User's
own risk.
The
Affiliate Index Tools.
Certain
web pages and services offered by The Affiliate Index on the Site provide the User with the ability
to perform searches using User-defined parameters
to identify and obtain information (including links)
on various Web hosting companies and the services
they offer. The information listed in all such search
results has been entered directly by the Web hosts
and is not reviewed by The Affiliate Index.
The identification of a Web
host or any other party (collectively, a "Third
Party"), and the provision of information related
to it, appearing in the results achieved through
the use of any tool or service provided by The Affiliate Index in this Site, whether such information is
contained on this Site or linked from this Site,
should not be construed as a recommendation, approval
or endorsement by The Affiliate Index of that
Third Party or its services, or that there is an
affiliation or association between The Affiliate Index and that Third Party or its services. All
reservations noted above under the heading "General"
as they apply to linked sites apply equally to the
results achieved through the use of any tool or
service provide by The Affiliate Index in or
through this Site and to any Third Party product
or service.
All transactions or communications that take place
between the User and a Third Party that the User
has identified through the use of this Site, including
any purchase of services, take place solely between
the User and that Third Party. The Affiliate Index is not involved in any such transactions or
communications whatsoever. Any disputes arising
from any such transactions or communications between
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therewith, the User hereby agrees to release, indemnify
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against any and all claims, demands and damages
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Disclaimer
of Warranty
THIS
SITE AND ALL INFORMATION AND OTHER MATERIALS MADE
AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED "AS
IS" WITHOUT REPRESENTATIONS, WARRANTIES, CONDITIONS
AND INDEMNITIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
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OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED
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FOR A PARTICULAR PURPOSE, UNINTERRUPTED OR ERROR-FREE
OPERATION, TITLE, NON-INFRINGEMENT OR OTHER VIOLATION
OF RIGHTS, OR THOSE ARISING OUT OF A COURSE OF DEALING
OR USAGE OF TRADE. THE SITE AND ALL INFORMATION AND
OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THIS
SITE IS REASONABLY BELIEVED TO BE RELIABLE WHEN POSTED.
HOWEVER, The Affiliate Index DOES NOT PROVIDE ANY
REPRESENTATIONS, WARRANTIES, CONDITIONS OR INDEMNITIES
REGARDING THE USE, VALIDITY, ACCURACY, COMPLETENESS,
TIMELINESS, AVAILABILITY OR RELIABILITY OF, OR ANY
RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE
SITE OR ANY INFORMATION OR OTHER MATERIALS MADE AVAILABLE
ON OR THROUGH THIS SITE OR ANY SITES LINKED TO OR
FROM THE SITE. The Affiliate Index ASSUMES NO OBLIGATION
TO UPDATE THE SITE OR ADVISE OF ANY FURTHER DEVELOPMENTS.
INFORMATION AND THIRD PARTY INFORMATION WHETHER CONTAINED
ON OR LINKED FROM THE SITE MAY CONTAIN TYPOGRAPHICAL
ERRORS AND MAY BE SUBJECT TO CHANGE WITHOUT NOTICE.
Limitation
of Liability
UNDER NO CIRCUMSTANCES SHALL The Affiliate Index
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE,
DATA, PROFIT, OPPORTUNITY OR SAVINGS, ARISING OUT
OF OR IN ANY WAY RELATED TO THE USE, OR THE INABILITY
TO USE OR ACCESS THE SITE OR ANY INFORMATION OR OTHER
MATERIALS AVAILABLE ON OR THROUGH THE SITE, WHETHER
BASED IN CONTACT, TORT, NEGLIGENCE OR OTHERWISE, EVEN
IF The Affiliate Index OR AN AUTHORIZED REPRESENTATIVE
OF The Affiliate Index HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE
OR ANY INFORMATION OR OTHER MATERIALS AVAILABLE ON
OR THROUGH THE SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, THE USER
ASSUMES ANY COSTS THEREOF.
Trademarks
Certain
words, phrases, names, designs or logos used on the
Site constitute trade marks, service marks or trade
names of The Affiliate Index or other entities
as indicated. The display of any such marks or names
on the Site does not imply that a license has been
granted by The Affiliate Index or such other entities.
The Affiliate Index will take all appropriate legal
action necessary to fully and effectively enforce
its rights, whether such rights are in respect of
a trademark, service mark, copyright or any other
intellectual property right or other right of The
Affiliate Index under applicable law, as set out
in this Agreement.
User's
Warranties and Representations
The User hereby
represents, warrants and covenants that the use of
the Site by the User has not and shall not violate
any applicable local, national or international law,
including, without limitation, any regulations having
the force of law. The User hereby covenants not to
impersonate another person in the use of the Site
or the sending of any email to an address listed on
the Site.
Governing
Law
The
laws of the State of Texas, USA applicable therein
shall govern as to the interpretation, validity and
effect of this Agreement notwithstanding any conflict
of laws provisions or the User's domicile, residence,
or physical location. The User hereby consents and
submits to the non-exclusive jurisdiction of the courts
of the Province of Ontario in any action or proceeding
instituted under or related to this Agreement.
General
This
Agreement sets forth the entire agreement between
you and The Affiliate Index in respect of the Site
and its contents and supersedes all prior agreements,
whether written or oral, with respect to the subject
matter hereof. If any provision of this Agreement
is held to be invalid or unenforceable, such provision
shall be struck from these Terms and Conditions and
the remaining provisions shall remain in full force
and effect. Any failure by The Affiliate Index
to enforce any provision of this Agreement will not
constitute a waiver of our right to subsequently enforce
such provision or any other provision of this Agreement.
This Agreement shall endure to the benefit of and
be binding upon each of us and our respective successors
and permitted assigns.
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