USA Secure may amend these Terms at any time effective upon posting of the amended terms on this Web Site. You are responsible for regularly reviewing these Terms. Continued use of the USA Secure Web Site after any such changes constitutes your consent to such changes. USA Secure does not and will not assume any obligation to notify you of any changes to these Terms.
Acceptable Use Limitation
USA Secure authorizes you to view and download a single copy of materials on this Web Site for your personal, noncommercial use, subject at all times to any restrictions in this Terms or as otherwise posted within the Web Site. As a condition of your use of the Web Site, you warrant to USA Secure that you not use the Web Site for any purpose that is unlawful, or prohibited by these Terms, as modified from time to time. Except as permitted herein, you may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any materials or information obtained from the Web Site.
You shall comply with all applicable laws regarding your use of this Web Site. Without limitation of the foregoing, you may not use the Web Site provided through or in connection with the Web Site to:
Information provided by USA Secure to you may be proprietary in nature and all information posted by USA Secure at any time in any member’s only portion of the Web Site shall be and remain the confidential and proprietary information of USA Secure. You agree not to share any information provided to you by or on behalf of USA Secure with any third party.
- upload, post, email or otherwise transmit any Content (defined below) that is abusive, adult content, defamatory, harassing, harmful, hateful, invasive of another's privacy, libelous, obscene, threatening, tortious, unlawful, vulgar, or racially, ethnically or otherwise objectionable in USA Secure’s sole discretion;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, any USA Secure official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, chain letters, illegal contests, junk mail, promotional materials, pyramid schemes, spam, or any other form of solicitation, except in those areas, such as shopping rooms or marketplaces, designated for such purpose;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt any Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any law, statute or regulation having the force of law;
- sell, distribute, disseminate or link to any Web sites for marketing, sales or distribution of: ammunition, counterfeit, pirated or stolen goods, explosives, firearms, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, fraudulent goods, liquor, pharmaceuticals or controlled substances, tobacco products, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, or goods or services that: (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) which, if offered via the Web Site or through a linked Web site, would cause USA Secure to violate any law, statute or regulation;
- stalk or otherwise harass another;
- harvest, store or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties; or
- use the Web Site or Services for any illegal activities, including, but not limited to, disobeying trade restrictions, knowledgeable vandalism or destruction of online files, tampering with information data bases and software, trafficking in illegal products or substances, unauthorized entry to other networks or computers, or violating civil rights laws.
USA Secure is not obligated to monitor any Content on the Web Site. However, with respect to the use of the Services offered on the Web Site, USA Secure reserves the right to disclose any information or materials as necessary to satisfy any applicable law or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Web Site, in USA Secure’s sole discretion, without notice at any time.
User Communications and Content
You understand that all audio, data, domain names, graphics, HTML coding, image maps, information, links, messages, music, photographs, software, software applications, sound, text, video, or other materials (collectively, the "Content"), whether publicly posted or privately transmitted through the Web Site, are the sole responsibility of the person or entity from which this Content originated. This means that you, and not USA Secure, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. USA Secure does not control the Content posted by others via the Web Site and, as such, does not guarantee the accuracy, integrity or quality of this Content. You further understand that by using the Internet, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will USA Secure be liable to you in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Internet.
You further acknowledge and agree that:
Since USA Secure does not control Content or use of its Web Site by others, USA Secure specifically disclaims any liability with regard to any Content available over the Web Site and any actions resulting from your use of the Web Site or use of Content.
- you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of the Content;
- you may not rely on any Content created by USA Secure or submitted to USA Secure or otherwise made available or found on the Web Site;
- USA Secure may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that this preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect rights, property, or personal safety of USA Secure, its users or the public.
License to Use Your Content and Submissions
Links To Third Party Sites
THE LINKS IN OUR WEB SITE (IF ANY) WILL FACILITATE LEAVING THE USA SECURE WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF USA SECURE AND USA SECURE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO THESE SITES. USA SECURE IS NOT RESPONSIBLE FOR WEB CASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. USA SECURE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY USA SECURE OF THE SITE OR ANY ASSOCIATION WITH ITS OPERATORS. THERE ARE RISKS IN USING ANY INFORMATION FOUND ON THE INTERNET. USA SECURE CAUTIONS USERS TO UNDERSTAND THESE RISKS BEFORE USING OR RELYING UPON ANYTHING IN THE INTERNET. USA SECURE DOES NOT ENDORSE, WARRANT OR GUARANTEE THE CONTENT, PRODUCTS OR SERVICES DESCRIBED OR OFFERED IN THESE OTHER WEB SITES.
Termination Of Access
You agree that USA Secure, in its sole discretion, may terminate your password or account (or any part thereof) or use of the Web Site, and remove and discard any Content within the Web Site, for any reason, including, without limitation, for lack of use or if USA Secure believes that you have violated or acted inconsistently with the letter or spirit of these Terms. USA Secure may also in its sole discretion and at any time discontinue the Web Site, or any part thereof, with or without notice. You agree that any termination of your access to the Web Site under any provision of these Terms may be effected without prior notice, and acknowledge and agree that USA Secure may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Web Site. Further, you agree that USA Secure shall not be liable to you or any third-party for any termination of your access to the Web Site or termination of the Web Site.
No Representations Or Warranties; Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USA SECURE, ITS AGENTS, OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF USA SECURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, IN CONNECTION WITH OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) ANY CONTENT OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (iii) ANY OTHER MATTERS RELATING TO THE WEB SITE.
- YOUR USE OF THE WEB SITE AND/OR ANY INFORMATION OR MATERIALS OBTAINED THROUGH THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE (INCLUDING ALL CONTENT, INFORMATION OR MATERIALS ON OR OBTAINABLE THROUGH THE WEB SITE) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USA SECURE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS AND TIMELINESS.
- ANY INFORMATION, CONTENT, OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USA SECURE OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
In the United States, some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
Security and Passwords
Depending on the portion of the Web Site you access and use, you may receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify USA Secure 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. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. USA Secure cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
You agree to defend, indemnify and hold USA Secure and its affiliates, directors, officers, agents, partners, suppliers, consultants and employees harmless from and against any and all claims, losses, liabilities, costs and expenses (including, without limitation, attorneys' fees) arising from your violation of any of these Terms or any third party rights, including, without limitation, invasion of any privacy right, rights of publicity, infringement or violation of any copyright, trademark, trade secret or any other proprietary rights.
The Web Site and all other materials, text and images and the arrangement thereof on the Web Site provided by or under the direction of USA Secure (Web Site Materials) is owned by USA Secure and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of such Web Site Materials is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Web Site may be prosecuted to the maximum extent possible. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY WEB SITE MATERIALS PROVIDED HEREUNDER. You acknowledge that the Web Site Materials may be subject to applicable export control laws and regulations of the United States and other countries or jurisdictions. You agree not to export or re-export the Web Site Materials, directly or indirectly, to any countries that are subject to export restrictions.
Copyright and Trademark Notices
The USA Secure Web Site is protected by copyright:
Copyright © 2003 USA Secure
All rights reserved.
Any trademarks, service marks or trade names of USA Secure on this Web Site are the property of USA Secure. The names of actual companies and products that may be mentioned on the Web Site may be the trademarks of their respective owners.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to any choice of law principles that could result in the application of the laws of any other jurisdiction. You hereby agree to submit any and all disputes, differences, controversies or claims arising out of or relating to these Terms, including, but not limited to, any question regarding its existence, validity, or termination, to binding arbitration in Washington, D.C. in accordance with the Commercial Arbitration Rules of the American Arbitration Association, which rules are deemed to be incorporated by reference into these Terms. The arbitration shall be conducted by a sole arbitrator. The language of all arbitration proceedings shall be English. The arbitral award shall state the reasons upon which the award is based. Judgment upon any arbitral award may be entered and enforced in any court of competent jurisdiction.
You further agree that any cause of action arising out of or related to the Terms or this Web Site that you may have against USA Secure (including, its affiliates, directors, officers, agents, partners, suppliers, consultants and employees) must commence within six months after the cause of action arose; otherwise, your cause of action is permanently barred.
USA Secure does not guarantee continuous, uninterrupted or secure access to the Web Site, and operation of the Web Site may be interfered with by numerous factors outside of USA Secure’s control. USA Secure shall not be liable for delays or failure to meet its obligations pursuant to these Terms due to causes beyond USA Secure’s reasonable control, but will use commercially reasonable steps to promptly recommence performance.
You and USA Secure are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. USA Secure’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of USA Secure’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by USA Secure with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitutes the entire agreement between the user and USA Secure with respect to USA Secure Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and USA Secure with respect to use of USA Secure Web Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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