Terms of Use
Internet Terms & Conditions of Use:
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, do not access or use the site. ASI 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 acceptance of the modified agreement.
APPLICABLE LAWS
The Advertising Specialty Institute®, (ASI®) operates this site.
By using this site, both you and ASI agree that the statues and laws
of the Commonwealth of Pennsylvania, without giving effect to any
choice or conflicts of law, will apply to all matters relating to
use of this site. For all actions at law, suits in equity or other
judicial proceedings concerning any aspect of this site, you and
ASI agree and consent to submit to the exclusive personal jurisdiction
and venue of the Court of Common Pleas of Bucks County, Pennsylvania
and/or the United States District Court of the Eastern District of
Pennsylvania.
USE OF COMPANY DIRECTORIES
The information contained in any directories that may be provided on
this site is provided for business lookup purposes, and is not to
be used for marketing or telemarketing applications, or for purposes
of creating any database(s). This information may not be copied,
placed in any database or re-distributed and is provided "AS
IS" without warranty of any kind. ASI or any of its affiliates
will not be liable in any way with regard to such information.
You may not data scrape this site or any site linked to this site.
INTERACTIVE FEATURES
This site may include a variety of features, such as bulletin boards,
chat rooms, interaction between users, and other features, such as
personalized home pages and email services which allow users to
communicate with others. ASI or its affiliates do not control the
messages, information or files that you or others may provide through
the site and is not responsible for any messages, information or
file. It is a condition of your use of the site that you do not:
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Take any action that restricts or inhibits any
other user from using and enjoying the site.
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Post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic,
profane, indecent or otherwise objectionable information
of any kind, including without limitation, any transmissions
constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or
otherwise violate any local, state, national or international
law.
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Post or transmit any information, software or other
material which violates or infringes upon the rights
of others, including material which is an invasion
of privacy or publicity rights or which is protected
by copyright, trademark or other proprietary right,
or derivative works with respect thereto, without first
obtaining permission from the owner or right holder.
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Post or transmit or in any way exploit any information,
software or other material for commercial purposes,
or which contains advertising.
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Impersonate any person or entity, or misrepresent
your affiliation with any person or entity.
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Post or transmit any material that contains a virus
or corrupted data.
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Delete or revise any material posted by any other
person or entity.
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Manipulate or otherwise display the site by framing
or similar navigational technology.
- Upload, post, e-mail or transmit information that promotes pyramid schemes, chain letters or disruptive commercial messages, or anything that is prohibited by law.
You and your company agree to indemnify, defend and
hold harmless ASI and its affiliates and respective officers,
directors, employees, agent licensors, agents and any
third party information providers to the site from and
against all losses, expenses, damages and costs, including
reasonable attorney fees resulting from you or your company's
improper use of access to this site.
ASI has no obligation to monitor any bulletin boards,
chat rooms, or other areas of the site through which
you and other users can provide information or material.
However, ASI, in its sole discretion may at any time,
disclose any information as necessary to satisfy any
law, regulation or governmental request, to reduce its
potential legal exposure, or to refuse to post or to
remove any information or materials, in whole or in part,
that in the sole discretion of ASI are objectionable.
PASSWORDS & SECURITY
To use certain features of the site, you will need a username and
password. You are responsible for maintaining the confidentiality
of the password and account and are responsible for all activities
that occur under your password or account. You will not provide
your username and/or password to any other person. If you or someone
within your company does so, you and your company agree to bear
all risks and costs for doing so. You agree that you will notify
ASI immediately if there is an unauthorized use of your password
or account or any other breach of security, and will ensure that
you exit from your account at the end of each session. ASI is not
liable for any loss or damage arising from you or your company's
failure to protect your password or account information. You and
your company agree not to share any content with a non-subscriber.
You and your company agree not to bypass or circumvent
the security measures on this site.
DISCLAIMER OF WARRANTIES
ASI shall not be responsible for any claim or damages arising from
or connected with an inaccurate or incomplete information to which
you have access. ASI and its affiliates shall not be responsible
for any application of any information, pricing or results, intended
or unintended, obtained through the use of this site. ASI and its
affiliates shall not be responsible for the corruption of any of
your data, software or equipment when using the site. THE USE OF
THIS SITE AND THE PRODUCTS, SERVICES AND INFORMATION ON THIS SITE
ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," AND
ASI MAKES NO, AND DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, WIRTTEN OR ORAL, ARISING FROM COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE, INCLUDING
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INTERFERENCE,
NON-INFRINGEMENT, ACCURACY FOR INFORMATION, MERCHANTABILITY, QUALITY,
SYSTEMS INTEGRATION AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT
AS EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT, ANY AND
ALL PRODUCTS, SERVICES AND INFORMATION PROVIDED BY ASI AND ITS
AFFILIATES UNDER, IN CONNECTION WITH OR RELATED TO ASICENTRAL OR
ANY ASI INTERNET SITE ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE
RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT
IS WITH YOU.
USE OF THE SITE
YOU AND YOUR COMPANY UNDERSTAND THAT ASI AND
ITS AFFILIATES CANNOT AND DOES NOT GUARANTEE OR WARRANT
THAT FILES OR OTHER MATERIAL AVAILABLE FOR DOWNLOADING
THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES,
WORMS, TROJAN HORSES OR OTHER CODES THAT MANIFEST CONTAMINATING
OR DESTRUCTIVE PROPERTIES. YOU AND YOUR COMPANY 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 may not use this site in any manner that gives you or any other person access to mass downloads or bulk feeds of information.
You may not copy, decompile, disassemble, reverse engineer, translate, modify or make derivative works of the material on this site, in whole or in part. You may not disclose, rent sell, publish, assign, lease sublicense, transfer or market the information on this site in any manner.
When using the site you may not engage in: scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access this site for any purpose without the express written permission of a company ASI vice-president.
You will not interfere or attempt to interfere with the proper working of the site or any activities conducted on the site. You will not take any action that, in our sole discretion, imposes or may impose an unreasonable or disproportionately large load on our infrastructure.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ASI OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD
PARTY WITH RESPECT TO ITS INTERNET SITES OR OTHERWISE FOR CONSEQUENTIAL,
EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, OR
ANY LOSS OF PROFIT, REVENUE, DATA OR GOODWILL, WHETHER INCURRED
OR SUFFERED AS A RESULT OF THE USE OR UNAVAILABILITY OF THE INTERENET
SITES OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ASI
OR ANY OF ITS AFFILIATES HEREUNDER FOR ANY CAUSE EXCEED $100.00.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE
AGGREGATE INCUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH
OF WARRANTY, MISREPRESENTATION AND/OR OTHER TORTS. IF THERE ARE
MULTIPLE CLAIMS RESULTING FROM THE ACTIVITIES OCCURING ON A PARTICULAR
DAY OR RESULTING FROM THE SAME SERIES OF EVENTS, THE AGGREGATE
LIABILITY SHALL NOT EXCEED $1,000.00.
COPYRIGHT & TRADEMARKS
The material on this site is copyright and/or trademark protected.
You may not reproduce, copy or redistribute the design or layout
of this site or individual design elements on the site. Your company
may not engage in data mining or similar types of activities. This
site also contains trademarks of other companies. Those trademarks
are the property of their respective owners. You may not use ASI
logos or other logos appearing on this site without the express
written permission of ASI or the owner of the other logos. Reproduction,
copying or redistribution for commercial purposes of any materials
or design elements from this site is strictly prohibited without
the express written permission of an ASI officer. You may not use
any material on this site to operate a service bureau. If you use
any logo appearing on this site, you are responsible for its use.
If any portion of this site allows you to post information or comments
and you do so, you are responsible for the content. You agree to
indemnify, defend and hold harmless ASI, its affiliates, successors
and assigns and the directors, officers, employees and agents of
each of them with respect to any claim, demand, loss, cause of
action, debt or liability, including reasonable attorney fees resulting
from your use of any logo and/or for the postings of information
or comments.
If you repeatedly violate copyright laws, your access to this
site will be denied.
If you believe that information on this site infringes any intellectual
property rights of another person, for example, copyright, please contact
cmachion@asicentral.com.
LINKS
The site may provide, or third parties may provide, links to sites
not operated by ASI or its affiliates. Consequently, ASI or its
affiliates have no control over such sites. You acknowledge and
agree that ASI and its affiliates are not responsible for such
sites, do not endorse, and are not responsible for any material
on those sites. You further acknowledge and agree that ASI and
its affiliates are not responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in
connection with the use of such sites
CAUSE OF ACTION
Any cause of action or claim you may have with respect to this site
must be commenced within one (1) year after the claim or cause
of action arises or such claim or cause of action is barred. ASI'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, or
trade practice shall act to modify any provision of this Agreement.
ASI may assign its rights and duties under this Agreement to any
party at any time without notice to you.