| |
A. B. STEPHENS Web
Site Agreement
The abstephens.com
Web Site (the "Site") is an online information service provided
by A.B. STEPHENS ("abstephens.com "), 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. abstephens.com
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.
1. 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 abstephens.com,
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 abstephens.com 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 e-mail to abstephens.com by all means
and in any media now known or hereafter developed. You also grant
to abstephens.com 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 abstephens.com for any alleged or actual infringement
or misappropriation of any proprietary right in your communications
to abstephens.com.
TRADEMARKS.
Publications, products,
content or services referenced herein or on the Site are the
exclusive trademarks or servicemarks of abstephens.com.
Other product and company names mentioned in the Site may be
the trademarks of their respective owners.
2. Use of the Site.
You understand that,
except for information, products or services clearly identified
as being supplied by abstephens.com, abstephens.comdoes
not operate, control or endorse any information, products or
services on the Internet in any way. Except for abstephens.com-
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 abstephens.com a. You also understand that abstephens.com
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.
abstephens.com 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 NONINFRINGEMENT, 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 abstephens.com 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. abstephens.com
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 PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. abstephens.com
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL
abstephens.com 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 abstephens.com 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, abstephens.com LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
abstephens.com
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-abstephens.com web site, please
understand that it is independent from abstephens.com,
and that abstephens.com has no control over the content
on that web site. In addition, a link to a abstephens.com
web site does not mean that abstephens.com endorses or
accepts any responsibility for the content, or the use, of such
web site.
3. Indemnification.
You agree to indemnify,
defend and hold harmless abstephens.com, 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.
4. Third Party Rights.
The provisions of
paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of abstephens.com and its 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.
5.Term; 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.
6.Miscellaneous.
This Agreement shall
all be governed and construed in accordance with the laws of
USA applicable to agreements made and to be performed in USA.
You agree that any legal action or proceeding between abstephens.com
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 USA . 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.
abstephens.com'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. abstephens.com 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. |