Acknowledgement of Terms. This Terms of Use Agreement (“Agreement”) is a
legally binding agreement between you and Elias/Savion Advertising Inc. By
accessing the Web site or using the Services, you agree that you have read and
understand this Agreement, and agree to all of the terms and conditions in this
Agreement. If you do not agree to the provisions in this Agreement, you may not
use the Services or further access the Web site. This Agreement together with
Elias/Savion Privacy Policy, Purchase Policy, Publishing Policy,) constitute
the entire agreement between you and Elias/Savion regarding the Elias/Savion
Web site and Services and supersede and replace any and all prior or
contemporaneous agreements between the parties regarding such subject matter.
Agreement Amendment. Elias/Savion reserves the right to modify this
Agreement at any time by posting such modifications to this Web site. Your
continued access to the Web site or use of the Services shall signify your
agreement to such modifications. We encourage you to periodically review the
posted Agreement. You may at any time print, download and/or store a copy of
this Agreement. If you experience any difficulty in printing, downloading or
storing this Agreement, please contact
Joanne.Beardslee@Elias-Savion.com
Your Eligibility.The Web site and Services are intended only for persons
who can form legally binding contracts under applicable law. The Web site is
not intended for, and the Services are not available to, individuals age 13 or
under. We may, at our sole and absolute discretion, refuse to accept a person's
(or entity's) registration, and may, at any time after accepting registration,
refuse to permit a User’s continuing use of the Web site or Services.
Password and Security.Certain Services available on the Web site require
that you register with us identifying a User Name and Password. You are solely
responsible for maintaining the confidentiality of any User Name and Password
and are fully responsible for all activities that occur under your Password or
account. You agree to (i) immediately notify us of any unauthorized use of your
Password or account or any other breach of security, and (ii) ensure that you
exit from your account at the end of each session. Elias/Savion cannot and will
not be liable for any loss or damage arising from your failure to comply with
this provision.
Disclosure of Affiliations Elias/Savion works with a variety of third
parties to provide the Services available on this Web site, and to provide
links to other Web sites. These third parties include, for example, event
producers, Web site design, hosting, and maintenance providers, content
providers, technology providers, and suppliers of news information and services
(“Affiliates”). These entities may supply information for posting on or access
through this Web site, and but they do not control the content or policies of
this Web site.
Intellectual Property.You acknowledge and agree that the Web site,
Services, Content, and any necessary software used in connection the Web site
and Services ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. Except as
expressly authorized by Elias/Savion or its licensors, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the
Services or the Software, in whole or in part.
Elias/Savion grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Web site or Services. You agree not to access the Services by any means
other than through the interface that is provided by Elias/Savion for doing so.
Elias/Savion and their logos are trademarks or service marks of Elias/Savion
Advertising inc, and/or Elias/Savion Interactive Inc, No display or use of such
marks may be made without the express written permission of Elias/Savion.
Content and Other Information. The information accessible on this Web
site, including for example the news materials, press-related content, graphic
designs, video, audio, photographic or literary content (“Content”), is owned
by Elias/Savion, its business associates, or other third parties. Except as
otherwise expressly stated in the Elias/Savion Publishing Policy, this Content
is provided to you solely for your personal use. You may not access or use this
Content for commercial, competitive, or any other purposes. You may not modify,
republish, post, transmit or distribute any Content except as expressly stated
in the Elias/Savion Publishing Policy or with express written consent of
Elias/Savion in each instance. You may copy Content only to the extent
necessary for your personal use. Elias/Savion, or its Licensors as applicable,
expressly retains all right, title and interest in and to any proprietary
content and the related intellectual property rights. Failure to adhere to
these provisions could subject you to serious penalties under federal copyright
law.
Downloading and Using Content. Any Content downloaded or otherwise
obtained through the Web site or through use of the services is done at your
own discretion and risk. You are solely responsible for any damage or loss of
data that results from the downloading or use of any Content. You hereby
release Elias/Savion, its directors, officers, employees, agents, service
providers and representatives, and each of their respective successors and
assigns from any and all actual or alleged damages which may result from your
downloading or using any Content.
Links to Other Web sites.The Web site may provide links to the web sites
or services of others third-party sites. Links to such third-party sites do not
constitute any endorsement by Elias/Savion of such third-party sites, or the
products, content, materials or information presented or made available by such
sites. You acknowledge and agree that Elias/Savion, its service providers
and representatives, are not responsible for any damages or losses caused or
alleged to have been caused by the use of any third-party sites, or from the
products, content, material or information presented by or available through
those sites.
Modifications to Services/Content. You acknowledge and agree that
Elias/Savion may change, modify, amend, suspend or discontinue any aspect of
the Web site, Services or Content at any time, without notice and without
liability to any you or any third party.
Disclaimer of Warranties. THE Web site AND SERVICES AND ALL CONTENT
MADE AVAILABLE ON OR THROUGH THE Web site OR SERVICES, ARE PROVIDED ON AN "AS
IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF
ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
ACCURACY OF INFORMATIONAL CONTENT.
ELIAS/SAVION AND ITS AFFILIATES DO NOT WARRANT THAT THE SERVICES OR THE
FUNCTIONS, FEATURES OR INFORMATION CONTAINED THEREIN OR ON THE Web site,
INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY CONTENT, SOFTWARE, PRODUCTS, ITEMS
OR OTHER MATERIALS USED IN CONNECTION WITH THE Web site OR THE SERVICES, WILL
BE ACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL
BE CORRECTED. Limitation of Liability :IN NO EVENT SHALL ELIAS/SAVION,
ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES, BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS OR DAMAGES WHETHER
ARISING FROM AN ACTION IN CONTRACT, TORT, OR OTHERWISE, RELATED TO OR IN
CONNECTION WITH THIS Web site OR ANY SERVICES OR CONTENT MADE AVAILABLE ON OR
THROUGH THIS Web site, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ELIAS/SAVION, ITS SERVICE
PROVIDERS OR REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES IN
CONNECTION WITH ERRORS, OMISSIONS, OR INACCURACIES OF INFORMATIONAL CONTENT, OR
ANY DECISION MADE IN RELIANCE ON THE CONTENT CONTAINED ON OR ACCESSIBLE THROUGH
THE Web site. YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THIS Web site
IS TO DISCONTINUE USING THIS Web site AND THE RELATED CONTENT AND SERVICES,
AND, IF USER IS DISSATISFIED WITH ANY PURCHASE MADE THROUGH THE SERVICES,
REPLACEMENT, REPAIR, REPERFORMANCE, OR REFUND OF THE PURCHASE PRICE PAID AS SET
FORTH IN THE ELIAS/SAVION PURCHASE POLICY. THE FOREGOING LIMITATION SHALL APPLY
AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices.Any notice to Elias/Savion regarding the Elias/Savion Web site or
Services should be directed to Joanne.Beardslee@Elias-Savion.com or personally
delivered or mailed by certified or other receipted mail service contact
Elias/Savion Advertising Inc,, Dominion Tower 24th floor, 625
Liberty Avenue, Pittsburgh, Pennsylvania. Any notice to you shall be given by
both e-mail and by postal delivery using the addresses given by the you during
registration. Notice shall be deemed given within three (3) days after the date
of the postal mailing.
Severability.If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, then such provision
shall be enforced to the maximum extent permissible so as to effect the intent
of this Agreement, and the remainder of this Agreement shall continue in full
force and effect. Choice of Law : This Agreement shall be governed by
and interpreted in accordance with laws of the State of Pennsylvania, without
giving effect to any conflict of laws provisions. The parties hereby consent to
the exclusive jurisdiction of and agree that venue is proper and convenient in
the state and federal courts situated in the State of Pennsylvania.
Waiver. The failure of Elias/Savion to exercise or enforce any right or
provision of this Agreement will not deemed a waiver of such right or
provision.
Survival . The provisions of this Agreement which by their nature would
continue beyond termination or expiration of this Agreement shall survive
termination or expiration.
|