ASA Consultants, Inc. – Terms of Service and Conditions of Use – ASA-ONLINE.COM

Date of Revision: September 17, 2013

Terms of Service and Conditions of Use

These Terms of Service and Conditions of Use (“Terms and Conditions”) govern your use of this website. By using this website, you accept these Terms and Conditions in full and as updated from time to time. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this website.

Privacy

Your privacy is very important to us. We encourage you to read our Privacy Policy, and to use it to help you make informed decisions.

License to Use

Unless otherwise stated, ASA Consultants, Inc. (“ASA”) and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal, non-commercial use, subject to the restrictions set out below and elsewhere in these Terms and Conditions. Under this license, you may not:

  1. reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  2. sell, rent or sub-license material from the website;
  3. remove any copyright or other proprietary notations from the materials; or
  4. republish material from this website, transfer the materials to another person, or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by ASA at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed form.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ASA’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without ASA’s express written consent.

User Content

In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio, video, and audio-visual material) that you submit to this website, for whatever purpose.

You grant to ASA a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to ASA the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or ASA or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

ASA reserves the right to edit or remove any material submitted to this website, or stored on ASA servers, or hosted or published upon this website.

Indemnity

You hereby indemnify ASA and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms and Conditions or the foregoing representations, warranties and covenants.

Disclaimer

The materials on ASA’s web site are provided “as is”. ASA makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, ASA does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on ASA-Online.com or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall ASA or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ASA-Online.com, even if ASA or an ASA authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on ASA-Online.com could include technical, typographical, or photographic errors. ASA does not warrant that any of the materials on its web site are accurate, complete, or current. ASA may make changes to the materials contained on its web site at any time without notice.

Links

ASA has not reviewed all of the sites linked to ASA-Online.com and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ASA of the site. Use of any such linked web site is at the user’s own risk.

Site Terms and Conditions Modifications

ASA may revise these terms of use for its web site at any time without notice. By using this web site, you are agreeing to be bound by the then current version of these Terms and Conditions.

Governing Law

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Terms of Service and Conditions of Use exclusively in a state or federal court located in Maricopa County, Arizona. The laws of the State of Arizona will govern this Terms of Service and Conditions of Use, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Maricopa County, Arizona for the purpose of litigating all such claims.