
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF LIASmallBusinessStore.com SITE BEFORE YOU USE THE SITE ANY FURTHER.
IF YOU CONTINUE TO USE LIASmallBusinessStore.com AFTER READING THESE
TERMS AND CONDITIONS
YOU AGREE TO ABIDE BY THEM.
These Site User Terms and Conditions (hereinafter
"Terms and Conditions") govern your access to and use of LIASmallBusinessStore.com
site (hereinfafter referred to as "the Site") and are binding upon
each person who continues to use the Site after reading the Terms
and Conditions. If you are agreeing to these Terms and Conditions
in your capacity as an authorized representative of an entity, such
as a corporation or organization, then references to "you" or "your"
mean the entity on behalf of which the Terms and Conditions are
being agreed to.
Your use of the Site or the Site Service as defined herein or your
completion of the Site registration process is evidence of your
agreement to be bound legally by these Terms and Conditions and
your complete willingness to comply with any rules or restrictions
posted by LIASmallBusinessStore.com on the Site.
If, after reading these Terms Conditions, you do not agree to them,
you agree to immediately disconnect from the Site, stop using any
Site, Site Services, or Site-related services, and make no further
attempt to connect to the Site, use the Site Services, or view any
of its content until you agree to these Terms and Conditions.
1.
Definition: "Site Services"
For
purposes of this agreement, the term "Site Services" shall mean
all services and information provided by the Site. LIASmallBusinessStore.com
reserves the right to change the Site and these Terms and Conditions
at any time for any reason without notice, and to discontinue your
use of the Site at any time and for any reason. Your continued use
of the Site after any change has been made to the Site will constitute
your acceptance to such changes.
2. Disclaimer of Warranties and Limitation of Liability
PLEASE
READ CAREFULLY
THE
SITE IS PROVIDED "AS IS". NEITHER LIASmallBusinessStore.com, THE
LONG ISLAND ASSOCIATION, INC. (HEREINAFTER MAY BE REFERRED TO AS
"THE LIA"), ANY LIA MEMBERS, DIRECTORS, OFFICERS, OR EMPLOYEES,
ANY OF LIASmallBusinessStore.com's OR THE LIA'S LICENSORS, SUPPLIERS,
AGENTS, ADVERTISERS, OR PARTICIPANTS MAKE ANY WARRANTY, GUARANTEE,
OR REPRESENTATION OF ANY KIND (INCLUDING WITHOUT LIMITATION, THAT
ACCESS TO, OR USE OF, THE SITE WILL BE UNINTERRUPTED, ABSOLUTELY
SECURE, COMPLETE, ACCURATE OR ERROR FREE). ADDITIONALLY, THE ACCURACY,
COMPLETENESS, AND TIMELINESS OF THE SITE SERVICES IS NOT WARRANTED
OR GUARANTEED. SITE USERS SHOULD INDEPENDENTLY VERIFY ALL SITE INFORMATION
BEFORE USING IT OR RELYING UPON IT FOR ANY PURPOSE. YOUR USE OF
THE SITE SERVICES IS ENTIRELY AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY
TO FULLY AND CAREFULLY EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS,
AND USEFULNESS OF ALL SITE SERVICES. LIASmallBusinessStore.com,
THE LIA, ALL LIA MEMBERS, DIRECTORS, OFFICERS, AND EMPLOYEES, AND
ALL LIASmallBusinessStore.com'S LICENSORS, SUPPLIERS, AGENTS, ADVERTISERS,
AND PARTICIPANTS EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT.
FURTHER,
LIASmallBusinessStore.com AND THE LIA MAKE NO EXPRESS REPRESENTATION
OR WARRANTY WITH RESPECT TO, DISCLAIMS ALL IMPLIED WARRANTIES (INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT), DISCLAIMS
RESPONSIBILITY FOR AND ASSUMES NO LIABILITY REGARDING, ANY INFORMATION,
SERVICES, SOFTWARE, OR GOODS AVAILABLE, ADVERTISED, SOLD OR FOUND
ON ANY OTHER WEBSITE NOT UNDER THESMALLBUSNESSSTORE.COM'S (INCLUDING
WITHOUT LIMITATION WEB SITES LINKED TO LIASmallBusinessStore.com)
OR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE QUALITY,
SAFETY, ACCURACY, AVAILABILITY, DECENCY, OR SUITABILITY OF SUCH
INFORMATION, SERVICES, SOFTWARE, OR GOODS.
YOU
UNDERSTAND THAT LIASmallBusinessStore.com, THE LIA, ALL LIA MEMBERS,
DIRECTORS, OFFICERS, AND EMPLOYEES DO NOT GUARANTEE THAT THE SITE
OR THE SITE SERVICES ARE OR WILL CONTINUE TO BE AVAILABLE TO YOU.
LIASmallBusinessStore.com AND/OR THE LIA MAY DISCONTINUE PROVIDING
THE SITE AND/OR THE SITE SERVICES TO YOU AT ANY TIME. YOU AGREE
NOT TO HOLD LIASmallBusinessStore.com, THE LIA, OR ANY OF ITS MEMBERS,
DIRECTORS, OFFICERS, OR EMPLOYEES LIABLE FOR ANY DAMAGES ARISING
FROM A DISCONTINUATION OR MODIFICATION OF ALL OR PART OF THE SITE
OR THE SITE SERVICES.
TO
THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO LEGAL
THEORY (CONTRACT, WARRANTY, TORT, OR OTHERWISE) WILL LIASmallBusinessStore.com,
THE LIA, OR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, OR EMPLOYEES,
OR ITS LICENSORS, SUPPLIERS, AGENTS, ADVERTISERS, OR PARTICIPANTS
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES INCURRED BY YOU AND IN
ANY WAY ARISING OUT OF OR RELATED IN ANY WAY TO THESE TERMS AND
CONDITIONS (INCLUDING, WITHOUT LIMITATION, YOUR USE OF, OR INABILITY
TO USE, THE SITE OR ANY DAMAGES YOU MAY INCUR IN CONNECTION WITH
ANY DECISION MADE, ACTION, OR INACTION, TAKEN OR NOT TAKEN BY YOU
OR ANY OTHER PARTY IN RELIANCE UPON THE SITE SERVICES OR FOR THE
RELIABILITY, ACCURACY, COMPLETENESS, OR TIMELINESS THEREOF, OR FOR
ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY PART
OF THE SITE SERVICES) EVEN IF ADVISED THEREOF. IN ADDITION TO, AND
WITHOUT LIMITING THE FOREGOING OR ANY OTHER PART OF THE TERMS AND
CONDITIONS, THESMALLBSUINESSSTORE.COM, THE LIA, AND THEIR MEMBERS,
DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, LICENSORS, AGENTS, ADVERTISERS,
OR PARTICIPANTS, SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE
TRANSMISSION THROUGH THE SITE OR SITE SERVICES OF ANY COMPUTER VIRUS,
OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED
TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE,
OR OTHERWISE IMPEDE, IN ANY MANNER THE OPERATION OF THE SITE OR
YOUR SOFTWARE, HARDWARE, DATA, OR PROPERTY.
3. What You Agree To
When
you agree to these Terms and Conditions on you own behalf, you are
representing and warranting to LIASmallBusinessStore.com and the
LIA that you are of the age of majority. If you agree to these Terms
and Conditions on behalf of an entity, such as a company, corporation,
or organization, you are representing and warranting to LIASmallBusinessStore.com
and the LIA that you personally have the power and authority within
your entity to enter into a binding commitment with respect to these
Terms and Conditions and the execution, delivery, and performance
of these Terms and Conditions and that the consummation of the transactions
contemplated by these Terms and Conditions have been properly authorized
within your entity.
You
also represent and warrant that any information you have provided
in the registration process for the Site is true, complete, and
accurate to the best of your knowledge, and that you have taken
steps to ensure that your knowledge of that information is complete.
You
agree to be bound by all of the disclaimers found on the Site, that
you fully and completely understand each of those disclaimers, and
that those disclaimers should, and do, have full effect.
You
agree that LIASmallBusinessStore.com and the LIA may, subject to
the provisions of the Site's Privacy Statement, use Site User Provided
Data and Our Data to inform you and others about products or services
offered by LIASmallBusinessStore.com, the LIA, the LIA Health Alliance,
Inc., and any other entity with which LIASmallBusinessStore.com
or the LIA may, and will in the future, do business. You also agree
that LIASmallBusinessStore.com and the LIA may send you information
about such goods and services by e- mail.
You
agree that you will not upload to the Site any Site User Provided
Data or any other data or information that: violates or infringes
the rights of any persons, including corporations, including without
limitation rights in copyright, trademark, patent, or other intellectual
property rights; or is libelous, slanderous, defamatory, obscene,
pornographic, deliberately offensive, abusive, otherwise violates
any law.
You
agree that you will not upload to the Site any data or information
that contains a virus, a "worm", a "Trojan horse", or any other
property that could harm any computer or other device of either
the Site or of any Site users.
You
agree that you will not use the Site for any unlawful purpose.
LIASmallBusinessStore.com
reserves the right and the sole discretion to edit or delete from
the Site any Site User Provided Data or any other data or information.
4.
Property Rights in the Site
LIASmallBusinessStore.com
hereby grants to you, for the term of this agreement, a non-transferable,
non- exclusive limited license to access and use the Site for your
own internal use. You may display, download to a storage device
under your exclusive control for local display, manipulation, and
storage and print information particular and necessary to your proper
and permitted use of the Site Services, provided that you agree
not to remove any copyright or other notices contained therein.
Except as expressly authorized herein, you may not use, copy, reproduce,
transmit, translate, offer for sale, sell, display, perform, distribute,
publish, broadcast, circulate, modify, create derivate works of,
disseminate, or commercially exploit the site or the site services
without the written consent of LIASmallBusinessStore.com or the
LIA. You agree also not to use the Site or the Site Services for
any unlawful purpose and you shall immediately comply with any written
request of LIASmallBusinessStore.com or the LIA or any of their
third party providers to protect their respective rights in the
Site or the Site Services.
The
Site is the property of the LIASmallBusinessStore.com, LIA and/or
its respective licensors, suppliers, advertisers, or participatnts
as appropriate, and is protected by applicable copyright, trademark,
patent, or other intellectual property laws. Site Services are licensed,
they are not sold. The LIA and/or its licensors or suppliers as
appropriate retain title, ownership rights and intellectual property
rights in and to the Site and Site Services. You agree to abide
by any copyright notice or other restriction contained in, and individual
information, software, or other material accessible through, the
Site.
If
you use the Site or the Site Services to gain access to a World
Wide Web site or other Internet location or source of information,
services, software, or goods, of any company, organization, or person
other than LIASmallBusinessStore.com or the LIA, or to any other
Internet location, you acknowledge that such other Sites or locations
are not under the control of LIASmallBusinessStore.com or the LIA
and you agree that LIASmallBusinessStore.com and/or the LIA will
not be responsible or liable for any of the information, services,
software, or goods or other links found at any such World Wide Web
site or Internet location or source of information, services, software,
or goods, or for your use of such information, services, software,
or goods.
You
are expressly prohibited from including or embedding in any framed
page hosted by a third party web site any information or LIASmallBusinessStore.com
content or pages, in whole or in part, without the prior written
permission of LIASmallBusinessStore.com. You are further prohibited
from including in any third party web site , without the prior written
permission of LIASmallBusinessStore.com and the LIA any hypertext
link to any page or location within the TheSmallBusinessesStore.com
Site.
Notwithstanding
the foregoing, LIASmallBusinessStore.com and the LIA hereby grant
you permission to include a hyperlink solely to LIASmallBusinessStore.com
home page and to no other deeper link within LIASmallBusinessStore.com
Site other than the home page, provided such link is for information
purposes only and is not likely otherwise to deceive or confuse
the public into believing that LIASmallBusinessStore.com sponsors,
supports, endorses, or approves of any third party products, services,
opinions, or statements.
Transmission
or use of any material in violation of these Terms and Conditions,
or any applicable law, rule or regulation (whether of the United
States of America, any of its states, or any other country or state),
or the rights of any third party is prohibited. This includes but
is not limited to copyrighted material, material that is defamatory,
obscene, lewd and indecent, material protected by trademark, trade
secret, or patent, or material that results in an invasion of privacy.
5.
Property Rights in Site User Provided Data.
Information
or other content uploaded directly or provided to LIASmallBusinessStore.com
to place on the Site by you ("Site User Provided Data") shall be
and remain your property. All other information gathered or provided
by LIASmallBusinessStore.com (including, without limitation) usage
information and analysis based on the data you submit) shall remain
the property of LIASmallBusinessStore.com ("Our Data") LIASmallBusinessStore.com
will retain possession of and make use of copies of Site User Provided
Data and Our Data for the purpose of performing the Site Services
and otherwise meeting any and all obligations which LIASmallBusinessStore.com
or the LIA has under this agreement.
Subject
to the confidentiality provisions of the "Confidentiality" section
below, LIASmallBusinessStore.com's use of Site User Provided Data
and Our Data may include, the display, modification, parsing, copying,
reproduction, transmission, translation, publication, broadcast,
performance, preparation of derivative works or dissemination thereof,
by LIASmallBusinessStore.com or the LIA and to third parties with
whom LIASmallBusinessStore.com or the LIA does business for advertising,
market research, and other commercial purposes. You grant to LIASmallBusinessStore.com
and the LIA all necessary rights, privileges, and releases required
for The SmallBusinessStore.com and the LIA to perform the Site Services
and all other activities described in, or related to, this agreement.
6. Indemnification
By
agreeing to these Terms and Conditions, you also agree to defend,
indemnify and hold harmless LIASmallBusinessStore.com, LIA, their
affiliated entities, their directors, officers, employees, suppliers,
licensors, agents, advertisers, and participants, from and against
any and all claims, liabilities, damages, costs, and expenses (including
reasonable attorney's fees and costs) arising from or related to:
-
the breach by you of any of your agreements, representations,
and warranties contained in these Terms and Conditions,
-
your use of the Site and Site Services (i) in violation of these
Terms and Conditions, or (ii) in violations of any rights of LIASmallBusinessStore.com,
the LIA, or any third party, including copyright, trademark, patent,
trade secret, or other intellectual property rights and publicity
and privacy rights, in violation of any applicable law, rule,
or regulation; or
-
Site User Provided Data.
LIASmallBusinessStore.com
reserves the right to take over exclusively the defense of any claim
for which we are entitled to indemnification under this section
of the Terms and Conditions at your cost and expense. If LIASmallBusinessStore.com
exercises that right , you agree to provide LIASmallBusinessStore.com
with all the cooperation and assistance that it reasonably requess.
This
indemnification is binding upon you, your heirs, successors and
assigns, and your executor.
7. Confidentiality
LIASmallBusinessStore.com
agrees to protect and maintain the confidentiality of Site User
Provided Data in accordance with the Privacy Statement on the Site.
8.
Force Majeure
LIASmallBusinessStore.com
and the LIA shall not be liable for any failure or delay in performance
of this agreement caused by you or any cause beyond the control
of LIASmallBusinessStore.com, including but not limited to electronic
or mechanical equipment, unauthorized access, failures of common
carrier or other transportation systems, weather conditions, labor
disputes, fires, or any other Acts of God.
9.
Compliance with Laws
You
will comply with all applicable laws, rules, and regulations
10.
Notices
LIASmallBusinessStore.com
will provide you with all notices by e-mail or by regular mail through
the United States Postal Service. Notices given by you to LIASmallBusinessStore.com
or the LIA must be addressed to LIASmallBusinessStore.com, c/o The
Long Island Association, Inc., 80 Hauppauge Road, Commack, NY 11725
and sent by certified mail. In the event the prior consent of LIASmallBusinessStore.com
is required in any matter, such consent will be considered only
if requested in writing, by certified mail to the above address,
thirty business days in advance of the effective date for which
the consent is sought.
11.
Resale or Redistribution of Site Services
You
agree not to resell or redistribute any Site Services or other information
derived from the Site.
12. Agency or Partnership
These
Terms and Conditions shall not constitute, give rise to, or imply
an agency relationship, partnership, or business relationship of
any kind.
13.
Strict Compliance
The
failure of LIASmallBusinessStore.com or the LIA to insist upon strict
compliance with these Terms and Conditions, or a failure by LIASmallBusinessStore.com
or the LIA to exercise any power or right given to either of them
under these Terms and Conditions , or a continued course of such
conduct by either LIASmallBusinessStore.com or the LIA shall not
constitute a waiver of such power or right, nor shall any single
or partial exercise of such power or right preclude any future exercise
of such power or right.
14. Severability
In
the event that any provision of these Terms and Conditions is declared
invalid or otherwise unenforceable by a court of competent jurisdiction,
the remaining provisions shall remain enforceable, and LIASmallBusinessStore.com
will replace the unenforceable provision with an enforceable provision
that reflects as nearly as possible the original intent of the Terms
and Conditions, and properly post the replacement provision to the
Site.
15. Applicable Law
These
Terms and Conditions shall be governed by the law of the State of
New York, other than provisions relating to conflicts of laws. You
consent to the exclusive venue in the County of Suffolk, New York
and to the jurisdiction of New York state and federal courts of
competent jurisdiction located therein for all litigation that may
be brought with respect to these Terms and Conditions.
16. Agreement in the Entirety
You
agree that these Terms and Conditions set forth the entire agreement
and understanding between you and LIASmallBusinessStore.com or the
LIA, that there are no other agreements or understandings between
you and LIASmallBusinessStore.com or the Long Island Association,
Inc, and any prior agreements or understandings, oral or written,
are superceded by these Terms and Conditions.
BY CONTINUING TO USE LIASmallBusinessStore.com YOU AGREE TO THESE
TERMS AND CONDITIONS.
LAST UPDATE: 9/25/2000 |