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Dialog One, INC.
TERMS OF USE AND NOTICES
AGREEMENT BETWEEN YOU AND Dialog One, INC.
Dialog One, Inc. ("DLI") Web Sites are comprised of various Web sites and Web pages operated by DLI and/or its affiliates (collectively, the "DLI Web Sites").
The DLI Web Sites, as well as the information and services transmitted to you, including (the "Services"), are offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the DLI Web Sites or your receipt of the Services constitutes your agreement to all such terms, conditions and notices. Your use of a particular DLI Web Site included within the DLI Web Sites may also be subject to additional terms outlined elsewhere in those particular DLI Web Sites (the "Additional Terms"). In addition, the DLI Web Sites may contain additional terms that govern particular features or offers. In the event that any terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular DLI Web Site, then the terms herein shall control.
1.MODIFICATION OF THESE TERMS OF USE
DLI reserves the right to change the terms, conditions, and notices under which the Services and the DLI Web Sites are offered, including but not limited to the changes associated with the Services and the use of the DLI Web Sites. You are responsible for regularly reviewing these terms and conditions.
2.PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services and the DLI Web Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services and/or the DLI Web Sites.
3.LINKS TO THIRD PARTY SITES
The DLI Web Sites may contain links to other Web sites (the "Linked Sites"). The Linked Sites are not under the control of DLI and DLI is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. DLI is not responsible for webcasting or any other form of transmission received from any Linked Site. DLI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DLI of the site or any association with its operators.
4.NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services and the DLI Web Sites, you warrant to DLI that you will not use the Services or the DLI Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services or the DLI Web Sites in any manner which could damage, disable, overburden, or impair the Services or the DLI Web Sites or interfere with any other party's use and enjoyment of the Services and the DLI Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the DLI Web Sites or DLI's provision of the Services.
5.LIABILITY DISCLAIMER
THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DLI WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DLI AND/OR ITS RESPECTIVE SUPPLIERS AND AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICES AND/OR DLI WEB SITES AT ANY TIME. INFORMATION RECEIVED VIA THE DLI WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL OR GOVERNMENTAL RESOURCE FOR SPECIFIC INFORMATION TAILORED TO YOUR SITUATION.
DLI MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE DLI WEB SITES OR IN CONNECTION WITH THE PROVISION OF THE SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ?AS IS? WITHOUT WARRANTY OF ANY KIND. DLI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
6.LIMITATION OF LIABILITY
IN NO EVENT SHALL DLI'S AGGREGATE LIABILITY TO YOU ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, EXCEED THE SUBSCRIPTION FEE PAID BY YOU OR $500, WHICHEVER IS GREATER. NOTWITHSTANDING THE FOREGOING, DLI SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES OR THE DLI WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICES OR THE DLI WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES OR THE DLI WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DLI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR THE DLI WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE DLI WEB SITES.
7.MISCELLANEOUS
This is the exclusive agreement between DLI and you regarding its subject matter. You may not assign or transfer any part of this agreement without DLI's prior written consent. This agreement shall terminate immediately and without the requirement of notice if you breach any of the terms of this agreement. DLI has the right to modify the information provided. If any provision of this agreement is declared invalid or unenforceable, the remaining provisions of this agreement shall remain in effect. This agreement shall be governed by the laws of the State of Minnesota, without regard to its choice of laws provisions. Any dispute arising out of, connected with or relating to this agreement, the DLI Web Sites or the Services, whether sounding in contract, tort or otherwise, shall be finally resolved exclusively by binding arbitration in Minneapolis, Minnesota, in accordance with the then existing commercial arbitration rules of the American Arbitration Association.
8.COPYRIGHT NOTICE
The services and the contents of the DLI Websites on the Internet are protected by applicable copyright laws.
Copyright © 2000 Dialog One, Inc. and/or its Affiliates. All Rights Reserved. Patent Pending.
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