Welcome to the Transportation Intermediaries Association, Inc.'s ("TIA") Watchdog Web site (the "Site"). When we use "TIA," "we", "our" "us" or similar terms below, we mean Transportation Intermediaries Association, Inc., a Delaware not for profit corporation with its principal place of business in Alexandria, Virginia. When we use "you," "your" or "yours," or similar terms, we are referring to the person or entity who manifests assent to these Terms by accessing or using the Site, or by submitting any information or materials to be included on the Site.
Your Registration for, or access to or use of the Site, or submission of any material to posted or used on the Site, is subject to Your agreement to and compliance with the terms and conditions set forth below (the "Terms"). If You do not agree to the Terms, You may not register for, access, use or contribute material to this Site.
We may modify these Terms from time to time and without notice, effective immediately upon posting on the Site. Your continued access or use of the Site shall constitute acceptance of such modifications of the Terms.
Nature and Purpose of Site
In using or accessing the Site, you acknowledge and agree that:
The Site is an interactive Internet-based information service. The Site is intended to give TIA members a forum to report incidents of service failures on the part of surface transportation providers and intermediaries, for the subjects of such reports to respond to such reports, and to provide a means for sharing, via the Internet, such information among interested TIA members who access the Site. TIA also provides server software, search and user interface tools enabling exchanges of such information.
The Site is not intended to be used, nor should it be used, for purposes or with the intention of gaining an advantage or leverage in an legitimate business dispute, or to injure, defame, disparage, harass, or oppress in any way any person or entity or their goods and/or services, including the subjects of the reports or responses. Any such use or series of uses will be regarded as acts of bad faith, and a violation of these Terms of Use. Moreover, any such uses or series of uses may be regarded as unfair, dishonest, irresponsible, or unethical conduct in violation of TIA's Code of Ethics, justifying, upon reasonable notice to the offending member and an opportunity to respond, any action by TIA's Ethics Committee, on receipt of a complaint, or on TIA's own initiative, which the Ethics Committee may take for Ethics Code violations, including without limitation suspension of the member's ability to post reports on Watchdog.
Any report or response posted on the Site is created and originated solely by the person or entity who posts the report or response. The person or entity submitting a report or response for posting, and not us, nor any of our employees, contractors, agents, officers, directors, or members (other than a member submitting for posting a particular report or response) is solely and exclusively responsible for a report or response, including its accuracy, timeliness, completeness, the truth of the factual matters reported, and the purpose and/or intention of the poster in making the report/response.
We, and our employees, contractors, agents, officers, directors, and members (other than the particular member who posts a given report/response), do not create or develop the information in any report or response, do we or they endorse, vouch for, or verify the truth, reliability, or accuracy of any report or response. We and they undertake no duty or obligation to do so whatsover.
In making the Site available for members to post, access, and view reports and responses, and in operating the Site, TIA is not recommending, suggesting, inviting, encouraging, or directing, expressly or implicitly, that any member or anyone else (either alone or in concert with any other member, entity or person): rely upon or share with anyone the information posted on the Site; or that any member or other entity or person engage or not engage in, or continue or discontinue, any business relationship or transaction with anyone, including the poster of a report or a response to a report. Users of the Site should not make such decisions based on the information posted on the Site (which information may not be accurate, timely or complete), but on the basis of an individualized determination considering all available sources of information, facts and circumstances.
Childrens' On-Line Protection
The Site is not directed at children under age 13. Such children are not eligible for registration, or to use the Site. We will not knowingly collect personally identifiable information from any child under the age of 13.
Copyright, Ownership and Limited Rights to Use Site and Content
Your right to access the Site is subject to prior registration (see "Registration," below).
All text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, indexes, desktop tools, software (including source code) and any other material or information appearing on or used in connection with operating the Site and the arrangement and presentation of the content of the Site (including information provided by others and/or in the public domain); and the overall design of the Site (collectively, the "Content") are the property of us or others, and are protected by U.S. and international copyright laws.
We grant You a personal, non-transferable, and non-exclusive limited license to access and use for purposes permitted by these Terms, the Site. Provided that You do not use the Site in a manner that violates these Terms, and You do not delete or modify any copyright or other proprietary notices, we grant you the right to download and print a single copy of the Content from the Site solely for your personal and internal use in connection with your business only. Any other copying, reproduction, republication, uploading, posting, sharing, distribution, transmission, or modification of the Content, whether in electronic or hard copy form, is strictly prohibited.
We own all right, title and interest, including all intellectual property rights, in the Content originated by us, and others own all right, title and interest in and to Content originated by them, including all modifications, enhancements, updates or derivatives thereof. You acquire no right, title or interest in or to any part of the Content, or any modifications, enhancements, updates or derivatives of the Content, other than those limited rights granted under these Terms, and You agree not to assert any ownership interest in any part of the Content as a result of the rights granted under these Terms.
You may not frame any Content or any trademark, logo or other proprietary information on the Site without our express written consent. You may not use our name or trademarks in any meta-tags or other hidden text without our express written consent. You may not link to the Site without our express written consent.
Registration
Your access to and use of the Site are subject to our acceptance of Your Registration. You agree to supply us with all information requested in the Registration process, and to comply with any Registration terms and conditions as from time to time may be applicable. These may include, without limitation, being a current TIA member in good standing, not being barred from using the Site, and manifesting your assent to these and other Terms. We may change the Registration terms upon notice to You. We have the right to terminate any Registration at any time and for any or no reason.
In submitting your Registration, You will be asked to provide a user name and a password, and may be asked to provide personal data, contact, and membership information. We expect that You will, and You agree to, keep Your account numbers, usernames and passwords in a safe place, and take other reasonable steps to prevent unauthorized use of or access to the Site and Your personal information.
Watchdog Reports and Responses; User-Supplied Content
Upon Your successful Registration, You will have an opportunity, in accordance with these Terms of Use and instructions on the Site, to create Watchdog reports, to submit the same for posting on the Site, and to access reports and responses to reports created by You and others and posted on the Site. Such reports and responses shall be referred to herein as "User-Supplied Content".
As part of the process of creating a report, You will be required to supply current contact and other information concerning Yourself and the subject of the report in form and substance to be determined from time to time by us. Prior to our posting any report created by You, we will give notice to the subject of the report through the contact information provided by You, and will give such subject an opportunity to give a brief narrative response to Your report. If the subject avails itself of such opportunity, its response will be posted with Your report for so long as your report is posted to the Site. We reserve the right, but do not undertake any duty, to refuse to post, or to remove, any report/response from time to time for any reason or no reason, but no posted report/response will be removed unless the accompanying response/report is also removed.
We offer these opportunities as a conduit through which users of the Site may exchange information, and through which the subjects of the reports posted on the Site may respond to the reports. Any User-Supplied Content You submit for posting to the Site is deemed non-confidential and we shall have no obligation of any kind with respect to such User-Supplied Content. You are solely and exclusively responsible for any User-Supplied Content you post to the Site, and all the consequences of posting it.
We do not make, adopt, confirm, endorse or ratify in any way any statements, representations or information contained in any such User-Supplied Content, nor do we recommend, join in, endorse or sponsor any positions taken by, activities, products, services, policies or practices of, any person or entity who posts or causes to be posted to the Site such User-Supplied Content. The person or entity who submits for posting on the Site any User-Supplied Content is solely and exclusively responsible for such User-Supplied Content, and we assume or undertake no duty to screen or review any User-Supplied Content, or to confirm the truth, accuracy, reliability or completeness of any User-Supplied Content, or to investigate or determine whether any of the same is truthful, reliable, accurate, or complete, or whether any of the same violates or infringes any right of any person or entity, including (without limitation) privacy or publicity rights, rights to reputational integrity or against defamation, copyrights, trademark rights, patent rights, trade secret rights, contract rights, confidentiality rights, exclusivity rights, and fair competition rights, nor do we assume or undertake any duty whatsoever to revise, edit, remove or modify any User-Supplied Content.
We reserve the right, but do not undertake any obligation or duty, to refuse to post or to remove any Content, at any time, at our sole discretion, including without limitation any User-Supplied Content which violates these Terms, is otherwise objectionable, or for any other reason we deem appropriate.
As to any User-Supplied Content or information you submit or otherwise provide to us by any means for posting to the Site, You grant us an exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, publish, distribute, display, reproduce, modify, perform, preserve and create derivative works of all such User-Supplied Content or information in any media now known or hereafter developed, and to sublicense and permit and authorize others to do any or all of the same on terms and conditions acceptable, in our sole discretion to us, any or all of which rights we may assign, in whole or in part, to others, without notice to or consent from You.
You further agree that we may disclose User-Supplied Content (a) as required by a court or government agency; (b) to enforce these Terms; (c) to respond to any claim that any Content or User-Supplied Content violates the rights of any third party; or (d) to protect our rights.
Remember, any personal information You include in your Registration or in User-Supplied Content You submit for posting on the Site may be collected and/or used by third parties. We take reasonable steps to protect Your personal information in accordance with our Privacy Policy but we are not responsible for the security of any personal information You submit for posting to the Site.
Disclaimers as to Content
Any User-Supplied Content or information you submit for posting on the Site, and Your use or reliance on any Content, including without limitation, User-Supplied Content, is done entirely and strictly at Your own risk. In using the Site and any and all of the Content provided on it, You should be aware that there are certain risks, including, but not limited to, the risk that the information or material may be false, misleading, inaccurate or unreliable, or that persons may be misrepresenting their true identities, affiliations, positions or purposes. We assume or undertake no duty to investigate or confirm the truth, accuracy, reliability or completeness of any Content, or to investigate or determine whether any of the same is truthful, reliable, accurate, or complete, or whether any of the same violates or infringes any right of any person or entity, including (without limitation) privacy or publicity rights, rights to reputational integrity/against defamation, copyrights, trademark rights, patent rights, trade secret rights, contract rights, confidentiality rights, exclusivity rights, and fair competition rights, nor do we assume or undertake any duty whatsoever to revise, edit, remove or modify any Content. We shall have no liability in any way for any Content, including but not limited to any errors or omissions, or any loss or damage of any kind You may incur as a result of use of any Content, or any business, legal, employment, trading, investment, purchase or any other decision You or others may make or action You or others may take or not take based on any Content on the Site. It is a good practice not to assume that any Content is true or accurate, including information regarding a user's identity or affiliation, and not to rely on such information when making decisions.
The Site may, from time to time, include Content regarding or discussing various legal and regulatory aspects of the transportation and/or transportation intermediary industries or businesses. Such information does not constitute and is not intended as legal advice, nor do we hold out the Site or ourselves as a source of legal advice or counsel. We are not, nor do we hold ourselves out as licensed or qualified to practice law in any state. As any legal advice must be tailored to the specific circumstances of each case, be given by a licensed and qualified lawyer, and laws and regulations are constantly changing, You should not rely on any Content or information on the Site in making decisions concerning any legal matter or issue, nor should any such Content or information be used as a substitute for the advice of duly-licensed and qualified counsel.
Also, the Site may, from time to time, include Content regarding or discussing various participants in the transportation and transportation intermediary business. You bear responsibility for your own business research and decisions concerning such participants. You acknowledge that sharing certain kinds of information among Your competitors may violate federal or state antitrust laws. You also agree that we will not be liable for any business decision made or action taken by you or others, alone or in concert, based upon reliance on any Content or information on the Site. Remember, we make no claims or representations as to the accuracy, completeness, or truth of any Content or material contained on our Site, and any use You make of it is entirely at your own risk.
Prohibited Uses
In addition to observing the other Terms contained herein, You shall not and agree not to do any of the following, and You warrant and represent to us on a continuing basis that You have not and will not:
(a) submit for posting material protected by copyright, unless you are the copyright owner or licensee, or otherwise have express permission of the owner or an authorized licensee to do so;
(b) submit for posting any illegal, false, inaccurate, incomplete, dated, fraudulent or misleading information or material;
(c) submit for posting any report or response in bad faith, or for the purpose of gaining an advantage or leverage in a business dispute with the subject of the report;
(d) submit for posting any information that violates or infringes the rights of or Your duties toward any third party, including, without limitation, privacy or publicity rights, rights to reputational integrity/against defamation, copyrights, trademark rights, patent rights or any other intellectual property rights, trade secret rights, contract rights, non-disclosure and confidentiality rights, exclusivity rights, and fair competition rights;
(e) submit for posting any information, or use or share any information posted on the Site (alone or in concert with others) in any manner, that violates any federal, state or local laws concerning combinations, restraints of trade, fair competition, fair trade practices, and false advertising.
(f) impersonate another person, entity or business, or falsely represent or suggest a connection or relationship between You and any other person, entity or business that does not, in fact, exist;
(g) submit for posting material that is defamatory, harassing, threatening, insulting, hateful, or abusive to any other person or entity, including without limitation, any other user or the subject of any report;
(h) submit for posting any obscene or sexually oriented or explicit material;
(i) attempt or endeavor to breach, circumvent or defeat any security or authentication feature of the Site, or attempt or endeavor to gain access to, delete, change, or intercept any secure information or content, or any information or material submitted for posting by any person other than You, or take any action which consumes an unreasonable or inordinate level of system resources, or which places an unreasonably large load on the Site's infrastructure, or use without authority, forge or falsify any TCP/IP packet header, username or password, or Your name, e-mail address or any part of the header information of any posting;
(j) submit or transmit through the Site any file or material containing any virus, worm, time bomb, Trojan horse, bot, or other disabling, interfering, or disruptive computer code or programming;
(k) disparage the products or services of any person or entity;
(l) submit or post any mass mailings or any form of "spam;"
(m) permit anyone other than You to use your password and username; or
(n) violate or breach any of the other Terms of Use contained herein, as the same may be modified from time to time.
Copyright Infringement
If You believe any Content or User-Supplied Content infringes any person's copyright interest, please provide the following information, in writing and signed by You, to the TIA Copyright Agent at the address listed below:
- A description of the allegedly infringing content, and of the copyrighted work which You believe is infringed, including an assertion that You either own such copyright interest, or are the authorized agent of the owner.
-Your address, telephone number and e-mail address.
-Your statement that all information You have provided is accurate and that You have a good-faith belief that the use of the disputed copyrighted content is not authorized by the copyright owner, its agent or by law.
Copyright Agent
Marc S. Blubaugh
Partner
Co-Chair, Transportation & Logistics Practice Group
Vice Chair, Litigation Practice Group
Benesch Friedlander Coplan & Aronoff LLP
41 South High Street, Suite 2600
Columbus, OH 43215-6164
Ph: 614.223.9382
Cell: 614.563.1667
Fax: 614.223.9330
Email: mblubaugh@Beneschlaw.com
www.beneschlaw.com
Trademarks
TIA, Watchdog, our logo(s), and any other names, Web sites, publications, products, content or services referenced on the Site are the exclusive trademarks or servicemarks of us or others; including without limitation the "look and feel" of the Site and the color combinations, layout and other graphical elements of the site. You may not use those trademarks in any manner without our express, written permission. Other product and company names which appear on the Site may be subject to trademark or other rights of other parties.
Use of the Site
You are solely responsible for obtaining and maintaining all telephone, hardware, software and other equipment necessary to access and use the Site, including all related expenses. You are solely responsible for maintaining the confidentiality of any username, password or other security measure You use in connection with the Site, and agree to notify us immediately by Email to [address] of any unauthorized use of Your username, password or other security measure.
Linking; Third-Party Information
We have no control over other Web sites or other resources accessed through links on the Site. You agree that we shall have no responsibility for any content, information, products or other material accessed or purchased through such links, and shall not be liable, directly or indirectly, for any damage or loss incurred by You or any third party in connection with Web sites or resources accessed through links on the Site. Any information, opinions or recommendations expressed in these sites are solely those of the third party information providers and are not our information, opinions or recommendations. No endorsement of third party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to the Site.
Termination
These Terms remain in effect until terminated by either You or us. If You terminate, You must immediately discontinue all access and use of the Site, and destroy all Content and any other materials downloaded from, or otherwise obtained from the Site, and any copies and installations thereof. We reserve the right to suspend or terminate these Terms and Your Registration and to deny You access to the Site or any portion of the Site with or without notice, if You breach or violate these Terms, or if we have reasonable grounds to believe You have committed such breach or violation. Further, without limitation of any of our rights arising from such breaches or violations, such breach, violation, or suspected breach or violation, may be regarded as a possible violation of the TIA Code of Ethics, and may be referred to the Ethics Committee for further investigation and action.
We may, in its sole discretion, discontinue providing the Site, in whole or in part, and with or without notice to You. We shall have no liability to You or any third party for any termination of the Site or denial of access to the Site, no matter what the cause or reason. Your limited right to use the Content under these Terms shall terminate immediately upon notice to You that we have terminated Your access to the Site, and You must promptly destroy all copies of Content in Your possession or control, in whatever form.
No Warranty
WE DO NOT WARRANT THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, USER-SUPPLIED CONTENT, POSTED ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES INFORMATION OR ANY OTHER MATERIAL YOU OBTAIN THROUGH THE SITE. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND DEFECTS, AND WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.)
WE DO NOT WARRANT THAT ANY CONTENT AVAILABLE FOR DOWNLOADING OR OTHERWISE OBTAINED THROUGH THE SITE IS FREE OF SOFTWARE VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES OR EFFECTS. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING YOUR OWN DATA, EQUIPMENT AND SOFTWARE.
No Duty to Update
We have no duty or policy to update any information or statements, and any Content, including, without limitation, User-Supplied Content, accessed on or through the Site should not be relied upon as being accurate or current as of the date it is accessed. In addition, Content may include technical inaccuracies or typographical errors. All Content provided on or through the Site is furnished for informational purposes only, and does not constitute and should not be construed as a suggestion, direction, offer or invitation to enter or not enter, or to continue or discontinue, any business relationship with any person or entity.
Limitation of Liability
WE SHALL HAVE NO LIABILITY FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY CONTENT. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE ALL CONTENT PROVIDED ON THE SITE FOR ACCURACY, COMPLETENESS AND USEFULNESS, YOU, AND NOT US, BEAR ALL LIABILITY AND RESPONSIBILITY FOR ANY REPORT OR INFORMATION YOU SUBMIT FOR POSTING ON THE SITE.
WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, OR ANY DELAY IN USE OR ACCESS TO THE SITE OR CONTENT PROVIDED ON THE SITE OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON THE SITE OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT BETWEEN YOU AND US, OR TERMINATION HEREOF OR THEREOF FOR ANY REASON, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR SUCH AGREEMENT OR OF ANY EXCLUSIVE REMEDY.
Indemnity
You agree that You are personally responsible for Your use of the Site. PLEASE READ CAREFULLY AND PAY CLOSE ATTENTION TO THE FOLLOWING PROVISIONS.
YOU IRREVOCABLY AND UNCONDITIONALLY agree to indemnify, defend, and hold harmless us, and our members, officers, directors, employees, agents and third party information providers from and against any CLAIm, DEMAND, LIABILITY, loss, damage, FEE, PENALTY, COST, or expense of any kind (including, WITHOUT LIMITATION, attorneys' fees and costs AND COSTS OF INVESTIGATION AND SETTLEMENT) ARISING OR resulting from: Your use of the Site, INCLUDING, WITHOUT LIMITATION, ANY ALLEGATIONS OF IMPROPER OR UNLAWFUL USE, RELIANCE ON, OR SHARING OF ANY INFORMATION POSTED ON THE SITE, BY YOU OR IN CONCERT WITH OTHERS; Your violation of any OF the Terms OF USE; Your SUBMISSION FOR posting ANY Watchdog report or response; and ANY ALLEGATION THAT ANYTHING SUBMITTED UNDER YOUR REGISTERED PASSWORD AND/oR USERNAME FOR POSTING ON THE SITE IS UNTRUE, INACCURATE, FALSE, MISLEADING, MALICIOUS, TORTIOUS, UNLAWFUL, OR OTHERWISE violatES OR INFRINGES the rights of any third party, INCLUDING THE SUBJECT OF ANY REPORT/RESPONSE.
YOUR OBLIGATION TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND THE OTHER INDEMNIFIED PERSONS MENTIONED ABOVE WILL ARISE AS AND WHEN WE OR THEY INCUR ANY PENALTiES, COSTS, EXPENSES, LOSSES, DAMAGES OR FEES WHICH YOU ARE OBLIGED TO PAY HEREUNDER. YOU SHALL BE LIABLE TO PAY SUCH OBLIGATIONS AT THE TIME(S) WHEN THEY ARE INCURRED, REGARDLESS OF WHETHER, WHEN, OR IF WE OR ANY InDEMNIFIED PERSON ARE OR ARE NOT FOUND OR DETERMINED TO BE LIABLE TO ANY THIRD PARTY CLAIMING INJURY. YOU AGREE TO PAY THE FULL AMOUNT OF SUCH LIABILITIES, lossES, damageS, FEES, PENALTIES, COSTS, AND expenseS, WITHOUT CONDITION, RECOUPMENT OR SET-OFF OF ANY KIND, UPON WRITTEN DEMAND FROM TIME TO TIME BY ANY PERSON ENTITLED TO INDEMNITY HEREUNDER. WE AND ANY PERSON(S) TO BE INDEMNIFIED HEREUNDER MAY COMPROMISE AND/OR SETTLE THE UNDERLYING CLAIM OR DEMAND ON TERMS AND CONDITIONS ACCEPTABLE TO US AND THEM, AND MAY CHOOSE OUR OR THEIR OWN COUNSEL WITHOUT EXTINGUISHING, REDUCING OR AFFECTING YOUR INDEMNITY OBLIGATIONS HEREUNDER. FURTHER, YOUR INDEMNITY OBLIGATIONS HEREUNDER SHALL SURVIVE TERMINATION OF THIS AGREEMENT FOR ANY REASON.
Export Controls
Content on the Site may include software subject to U.S. export controls. You may not download any software from the Site, or otherwise export or reexport software (a) into, or to a national or resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States of America has embargoed goods; or (b) to anyone on the United States Treasury Department's list of Specially Designated National or the U.S. Commerce Department's Table of Deny Orders. If You download or use software on this Site, You warrant that You are not located in, under the control of, or a national or resident of, any such country or on any such list.
Miscellaneous
The Site is operated by us from our headquarters in Alexandria, Virginia, United States of America. We make no representation that any Content or any other materials on the Site are appropriate or available for use in other locations. If You access this Site from a location outside the United States of America, You do so on Your own initiative and are responsible for compliance with all applicable laws of Your jurisdiction.
These Terms, and any dispute that may arise between You and us shall be governed by and construed in accordance with the laws of the United States of America and the Commonwealth of Virginia, U.S.A., without regard to conflict of laws principles, including Section 230 of title 47, United States Code, and the Virginia Uniform Computer Information Transactions Act (UCITA), as amended from time to time. The Terms, as may be amended from time to time, set forth the entire understanding of You and us as to the subject matter of the Terms, unless otherwise specifically provided under an agreement between You and us. You consent to the exclusive jurisdiction and venue in the federal or state courts within the judicial district encompassing the City of Alexandria, Virginia, U.S.A. for any all disputes arising out of or relating to these Terms and/or the Site.
If we engage an attorney to enforce our rights hereunder or defend ourselves as a result of any use You make of the Site, then, in addition to and not in limitation of any other right or remedy we may have hereunder or under applicable law, you agree to pay our attorneys' fees and costs, including without limitation, fees and costs associated with investigation, we incur in connection with such efforts.
Nothing contained in these Terms shall constitute You and us as partners or joint venturers or constitute an employment or agency relationship between You and us.
If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law.
No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of us. We may assign its rights and duties under the Terms to any party, at any time, and without notice to You.
These Terms constitute a written agreement between You and us, and a printed version of these Terms, and of any electronic notice pertaining to these Terms, shall be admissible in an judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.
We reserve all rights not expressly granted herein.
