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:

  1. the breach by you of any of your agreements, representations, and warranties contained in these Terms and Conditions,
  2. 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
  3. 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


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