ScriptAssist™ Terms of ServiceWelcome to the ScriptAssist™ ("ScriptAssist, LLC") web site (the "Site" or "web site.") ScriptAssist, LLC maintains this Site for your personal information, education and entertainment. ScriptAssist, LLC makes available to you a wide range of information, software, files, text, links, graphics, content, forums, resources and services. Please feel free to browse the Site. You may download material displayed on the Site for personal use only (noncommercial), provided you also retain all copyright and other proprietary notices contained on the materials. You may not copy, reproduce, republish, upload, post, distribute, modify, transmit, reuse, repost, publicly display encode, translate, transmit or distribute in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or use the content of the Site for public or any commercial purposes or enterprise without ScriptAssist, LLC's written permission. Changes periodically are made to the information contained in this Site. These Terms and Conditions of Use (the "Terms of Use") apply to the ScriptAssist™ web site located at www.scriptassist.com. The Site is the property of ScriptAssist, LLC. By visiting this web site you agree to the following Terms of Use, if you do not agree, do not use the site: This Site is provided "As Is" without warranties of any kind, either expressed or implied, including but not limited to the implied warranties of merchant ability, fitness of a particular purpose or non-infringement. ScriptAssist, LLC also assumes no responsibility and shall not be liable for any such damages to or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites. Unless otherwise specified, the materials in the site are presented solely for the purpose of disseminating information and promoting products and services available in the United States, its territories, possessions and protectorates. We control and operate this site from our offices within the State of Nevada, United States of America. We make no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Site may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ScriptAssist, LLC's control and ScriptAssist, LLC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. ScriptAssist, LLC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ScriptAssist, LLC grants you a personal, non-exclusive, nontransferable, limited privilege to enter and use the Site. All text, graphics, photographs, trademarks, logos, user/visual interfaces, sounds, music, artwork and computer code (collectively called "Content"), including but not limited to the design, "look and feel," structure, selection, coordination, expression and arrangement of such Content contained on the Site is owned, controlled or licensed by or to ScriptAssist, LLC. It is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. You may not use any device, "robot", "spider", "deep-link", "page-scrape" or other automatic device, program, algorithm or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or Content or in any way reproduce or circumvent the navigational structure or presentation of the Site or Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. ScriptAssist, LLC reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server or to any of the services offered on or through the Site by password "mining", hacking or any other illegitimate means. You may not scan, test or probe the vulnerability of the Site or any connected network nor breach the security or authentication measures on the Site or any connected network. You agree that you will not take any action that imposes any disproportionate or unreasonably large load on the infrastructure of the Site, systems or networks or any systems or networks connected to the Site or to ScriptAssist, LLC. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, with any other person's use of the Site or any transaction being conducted on the Site. You may not trace or seek to trace, reverse look-up any information on any visitor to or user of the Site or exploit or attempt to exploit the Site or any services or information made available or offered by or through the Site in any way where the purpose is to reveal any information, including but not limited to personal identification/information other than your own information as provided for by the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ScriptAssist, LLC on or through the Site or any service offered on or through the Site. You may not pretend that you are or that you represent, someone else or impersonate any other person or entity. You may not use the Site or Content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of ScriptAssist, LLC or others. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such services or features. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. ScriptAssist, LLC's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. ScriptAssist, LLC may make changes to any products or services offered on the Site or to the applicable prices for any such products or services, at any time without notice. The materials on the Site with respect to products and services may be out of date. ScriptAssist, LLC makes no commitment to update the materials on the Site with respect to such products and services. The materials in this site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You and not ScriptAssist, LLC, assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. ScriptAssist, LLC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Except where prohibited by law, in no event will ScriptAssist, LLC be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ScriptAssist, LLC has been advised of the possibility of such damages. You hereby agree to indemnify and hold harmless ScriptAssist, LLC and/or ScriptAssist, LLC licensor(s) and their subsidiaries, affiliates, directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein or (iii) any claim related to your site, including, without limitation, content therein not attributable to us. This agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. ScriptAssist, LLC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Site or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ScriptAssist, LLC's rights or property or the rights or property of users or visitors to the Site. ScriptAssist, LLC reserves the right at all times to disclose any information that ScriptAssist, LLC deems necessary to comply with any applicable law, regulation, legal process or governmental request. ScriptAssist, LLC also may disclose your information when ScriptAssist, LLC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that ScriptAssist, LLC may preserve any transmittal or communication by you with ScriptAssist, LLC through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or ScriptAssist, LLC determines that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any such data violates the rights of others or protect the rights, property or personal safety of ScriptAssist, LLC, its employees, visitors or users of the Site and the public. You agree that ScriptAssist, LLC may in its sole discretion and without prior notice, terminate your access to the Site for cause which includes (but is not limited to) requests by any law enforcement or government agencies, discontinuance or material modification of the Site or any service offered on or through the Site or unexpected technical issues or problems. If ScriptAssist, LLC does take any legal action against you as a result of your violation of these Terms of Use, ScriptAssist, LLC will be entitled to recover from you and you agree to pay all reasonable attorneys' fees and costs of such action in addition to any other relief granted to ScriptAssist, LLC. You agree that ScriptAssist, LLC will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use. ScriptAssist, LLC actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The illegal copying of software programs is a crime. In the United States and many other countries, copyright law provides for severe civil and criminal penalties for the unauthorized reproduction or distribution of copyrighted material. Copyrighted material includes but is not limited to, computer programs and accompanying sounds, images and text. Under United States Law, infringement may result in civil damages of up to $150,000 and/or criminal penalties of up to five years imprisonment and/or a $250,000 fine. | ||||||||||||||||||||||
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