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Terms &
Conditions
Award Financial , Inc. ("Award
Financial ") offers this web site, including all information, software, products
and services available from this site or offered as part of or in conjunction
with this site (the "Web site"), to you, the user, conditioned upon your
acceptance of all of the terms, conditions, policies and notices stated here, as
well as any additional terms and conditions that may apply to specific sections
of the Web site or to products or services offered on or through the Web site.
Award Financial reserves the right to make changes to these Terms and
Conditions (including the Privacy Policy attached hereto, which shall be deemed
to be a part of these Terms and Conditions) immediately by posting the changed
Terms and Conditions in this location. Your continued use of the Web site
(including automated use) constitutes your agreement to all such terms,
conditions and notices, and any changes to the Terms and Conditions made by
Award Financial .
Personal and Noncommercial Use
The Web site is for your personal use and for noncommercial purposes, except as
expressly provided on the Web site, including for the sale or purchase of goods
in the Award Financial Garage Sale forum or to engage in commerce with
third-party merchants whose websites are accessible from the Web site. You may
not make commercial use of the data or content found on this site, including,
without limitation, “scraping” or other manual or automated methods of
collecting user e-mail addresses or other user data, product descriptions,
product prices, or any other information or content on the Web site. As a
condition to your continued use of the Web site, you warrant to Award Financial
that you will not (i) use the Web site for any purpose that is unlawful or
prohibited by these Terms and Conditions, (ii) make any use of the Web site
that, in Award Financial ’s sole determination, imposes an unreasonable burden
on Award Financial ’s systems, (iii) make any attempt to gain unauthorized
access to the Web site, or any user account, computer system, or network
connected to this Web site, including by hacking, password mining, “phishing,”
or other illicit means, or (iv) use this Web site in connection with any
referral programs, pyramid schemes, chain letters, or spam operations.
Linking
Unless you are subsequently advised otherwise by Award Financial , you are
hereby licensed to create hyperlinks to the content on the Web site, provided
that the hyperlink accurately describes the content as it appears on the Web
site. Award Financial reserves the right to revoke this license generally, or
your right to use specific links, at any time. Under no circumstances may you
"frame" the Web site or any of its content or copy portions of the Web site to a
server, except as part of an Internet service provider's incidental caching of
pages. Each page within the Web site must be displayed in full (including all
trademarks, branding, advertising and promotional materials), without any
accompanying frame, border, margin, design, branding, trademark, advertising or
promotional materials not originally displayed on the page within the Web site.
You are not authorized to create any hyperlinks that would state or imply a
sponsorship or affiliation with Award Financial or the Web site or portray
Award Financial or the Web site in a false, misleading, or otherwise
objectionable manner.
Online Commerce
Relationship to Online Merchants. The Web site contains links that allow
users to access third-party web sites on which users may purchase goods or
services from online merchants. Award Financial is not a seller, broker, or
lender of any goods or services advertised, featured, or otherwise mentioned on
the Web site. Such third-party web sites may have privacy policies, terms of
use, or other policies that are different from those on the Web site. You are
encouraged to familiarize yourself with all policies of third-party sites before
using such sites. Notwithstanding any indication to the contrary on the Web
site, Award Financial does not control, monitor, endorse, sponsor or have any
responsibility whatsoever for third-party sites. Your use of any third-party web
site is solely at your own risk.
Commerce on Third-party Web Sites. You may wish to purchase goods or
services advertised or featured on the Web site that are offered by merchants on
third-party web sites. All transactions on third-party websites are between you
and the third-party merchant. Award Financial shall have no responsibility
whatsoever in the event that a dispute arises between you and a third-party
merchant. Award Financial does not endorse any product or service or make any
representation regarding the reliability, quality, safety, availability or
accuracy of any information, products, or services provided on or through
third-party web sites accessible via hyperlinks on the Web site.
Coupons and Other Offers on the Web Site. The Web site may contain
coupons, promotions, or other offers relating to goods or services offered by
third-party merchants. Award Financial does not control and cannot guarantee
the accuracy, validity, or legality of any coupon, promotion, or other offer
made available on the Web site, regardless of whether such coupon, promotion, or
other offer is provided by Award Financial or by a user of the Web site.
Commerce on the Web site. Portions of the Web site, such as the “Award
Financial Garage Sale,” may offer users the ability to buy or sell products or
services directly on the Web site. You must be at least 18 years of age to buy
or sell products on the Web site. Award Financial makes no guarantees and
provides no protections with respect to the conduct of buyers or sellers on the
Web site. You fully assume all risk of participating in transactions on the Web
site, including any damages or harm arising out of your disclosure of personal
information to another user. Award Financial is not a party to any transaction
between users and has no responsibility to resolve any disputes arising out of
any transactions occurring on the Web site. Award Financial shall have no
responsibility whatsoever relating to the transactions conducted by users on the
Web site.
Disclaimer of Liability. You acknowledge and agree that Award Financial shall
not be liable for any loss, damage, or injury arising out of (i) transactions
between users occurring on the Web site, (ii) any use of a third-party website,
including transactions between users and third-party merchants, (iii) any
coupons, promotions, or other offers made available on the Web site by Award
Financial or other users.
Software Available on Web Site
Any software that is made available to download from this Web site is the
copyrighted work of Award Financial and/or its suppliers. Your use of the
software is governed by the terms of the End User License Agreement, if any,
that accompanies or is included with the software. You may not install or use
any software without first agreeing to the terms of such End User License
Agreement. For any software not accompanied by an End User License Agreement,
Award Financial hereby grants to you a personal, nontransferable, non-sublicensable
license to use the software for viewing and other purposes within the scope of
use of such software anticipated by Award Financial in accordance with these
terms and conditions, and for no other purpose. Any such software is provided to
you subject to the warranty and liability exclusions set forth in these terms
and conditions.
User Content
Award Financial may allow you to upload, post, transmit or otherwise provide
information or content to the Web site, including, but not limited to, photos,
video, audio, comments, product listings, coupons, and any other information or
content that you post or otherwise transmit to the Web site ("User Content").
You agree that you are solely responsible for any User Content that you post to
the Web site.
Rules Governing User Content. This Web site, including any portions of the Web
site that allow users to post User Content, may only be used for lawful purposes
and in accordance with these Terms and Conditions. You agree to abide by the
following rules in using the Web site:
• Do not post User Content to the Web site if you are under the age of 13;
• Do not disrespect the privacy and views of others, or use the service to stalk
or harass another;
• Do not provide User Content that is harmful to minors in any way;
• Do not provide obscene, profane, sexually explicit, libelous, slanderous,
defamatory, harmful, threatening, illegal or knowingly false User Content;
• Do not provide User Content containing expressions of bigotry, racism or hate;
• Do not provide User Content encouraging conduct that may constitute or
contribute to a criminal offense, give rise to civil liability or violate any
national, state or local law, regulation or authority;
• Do not impersonate another person, or permit any other person or entity to use
your identification to post or view User Content;
• Do not provide User Content that infringes on the copyright, trademark,
patent, trade secret (including unauthorized disclosure of any nonpublic
information concerning a third party’s anticipated product sales, discounts,
rebates, new product launches, or other proprietary information), or other
intellectual property rights of others;
• Do not provide User Content that violates the privacy or publicity rights of
others;
• Do not provide User Content that supports or provides resources to any
organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
• Do not provide User Content containing malicious code, including but not
limited to computer viruses, Trojan horses, or other programs designed to
disrupt, damage, restrict, or provide unauthorized access to any computer
software or hardware or telecommunications equipment.
Respect the Intellectual Property Rights of Others. You may not post or transmit
to the Web site any content belonging to another party, without the prior
written consent of the owner of such content. Simply because material is
available on the Internet does not mean it is in the public domain. The vast
majority of materials on the Internet are protected by copyright and trademark
laws. You are solely responsible for any damages resulting from violation of the
copyright, trademark, or other rights of a third party that arise out of User
Content that you submit to the Web site.
Award Financial 's Right to Remove User Content. Award Financial shall have the
right, but not the obligation, to monitor any User Content areas of the Web site
to determine compliance with these Terms and Conditions and any other operating
rules that may be established by Award Financial from time to time. If Award
Financial is notified or otherwise determines, in its sole discretion, that any
User Content violates these Terms and Conditions, Award Financial may remove or
request the removal of such User Content. In addition, regardless of whether
such User Content violates these Terms and Conditions, Award Financial reserves
the right (but is not obligated) to edit or delete any User Content posted on
the Web site that Award Financial , in its sole discretion, views as
objectionable or otherwise likely to inhibit the enjoyment of the Web site by
other users.
Award Financial 's Right to Use User Content. Award Financial reserves the
right to record, re-purpose or re-publish User Content, including, for example,
on its web sites, newspapers, and broadcast stations. By posting User Content,
you are granting to Award Financial , its affiliates, subsidiaries, and all of
their officers, directors, employees, agents, licensors and suppliers a
worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display any User Content submitted by you
and/or to incorporate (in whole or in part) such User Content in other works in
any form, media or technology now known or hereafter developed.
Responsibility for User Content. You agree to defend, indemnify and hold
harmless Award Financial , its affiliates, subsidiaries, and all of their
officers, directors, employees, agents, licensors and suppliers, from and
against any and all claims, actions or demands, liabilities and settlements,
including, without limitation, reasonable legal and accounting fees, resulting
from, or alleged to result from, yours or another person’s use of User Content
that you submit to the Web site, including, without limitation, any claim of
libel, defamation, harassment, violation of rights of privacy or publicity, loss
of service, or infringement of intellectual property or other rights, or
violation of these Terms and Conditions.
NOTE TO USERS. Award Financial does not control and is not responsible for User
Content posted to the Web site and does not represent or guarantee the
truthfulness, accuracy or reliability of any User Content. ANY RELIANCE UPON
USER CONTENT ON THE WEB SITE IS AT YOUR OWN RISK. Award Financial shall not be
liable in any way for damages or harm arising out of User Content, including,
without limitation, claims that such User Content is offensive, defamatory,
obscene, or violates your rights or the rights of others.
Registration
You may be asked to provide personally-identifiable information in connection
with your use of the Web site. The use of your personally-identifiable
information is governed by Award Financial ’s Privacy Policy contained within
these Terms and Conditions. By registering for the Web site, you agree that you
will not:
• Provide incomplete or inaccurate information about yourself;
• Select a user name or provide any other information with the intent of
impersonating and/or defaming another person;
• Select a user name or provide any other information that violates the
intellectual property or other rights of a third party; or
• Select a user name that is objectionable or offensive as determined by Award
Financial , in its sole discretion.
You are responsible for maintaining the confidentiality of your user name and
password and are responsible for all activity (whether by you or others) that
occurs under your account. You are encouraged to notify Award Financial
immediately of any actual or suspected breach of security relating to your
account. In no event will Award Financial be liable for any loss or damage
resulting from any use (whether authorized or not) of your account by a third
party.
Termination of Privileges
Award Financial reserves the right to suspend and/or terminate your privilege
of using all or any portion of the Web site if you breach any of these Terms and
Conditions or if, in Award Financial ’s sole determination, your conduct on the
Web site is objectionable or would otherwise inhibit the enjoyment of the Web
site by other users. Without limiting the foregoing, if Award Financial
receives notice or otherwise discovers that you have violated (whether or not
repeated) another party's copyright, trademark rights, rights of privacy or
publicity, or any other rights of a third party, Award Financial may terminate
your access to the Web site, including all of your privileges or accounts and
related information that you may have established or obtained in connection with
the Web site. All of the disclaimers, exclusions of liability, and
indemnification obligations set forth in these Terms and Conditions shall
survive any suspension or termination of your privileges hereunder.
No Warranties
USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU "AS IS,"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NON-INFRINGEMENT. Award Financial MAKES NO WARRANTY THAT ANY CONTENT
CONTAINED ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION
OR REQUIREMENT. Award Financial , ITS AFFILIATES, SUBSIDIARIES, AND THEIR
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS,
MERCHANTS, LICENSORS, OR OTHER PARTIES USED TO PROVIDE THE WEB SITE DO NOT
WARRANT THAT THE WEB SITE OR ITS OPERATION WILL BE ACCURATE, RELIABLE,
UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
Award Financial DISCLAIMS LIABILITY FOR ANY LOSS, DAMAGE, OR INJURY CAUSED BY
RELIANCE ON INFORMATION OBTAINED THROUGH THE WEB SITE OR ANY THIRD-PARTY SITES
ACCESSIBLE FROM THE WEB SITE.
No agent or representative has the authority to create any warranty regarding
the Web site on behalf of Award Financial . Award Financial reserves the right
to change or discontinue at any time any aspect or feature of the Web site.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Award Financial , ITS
AFFILIATES, SUBSIDIARIES, AND ALL OF THEIR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, LICENSORS, SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING,
STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE,
DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE OR A THIRD-PARTY SITE
ACCESSIBLE THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION
PROVIDER TO Award Financial , OR ITS AFFILIATES, SUBSIDIARIES, AND ALL OF THEIR
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, OR ANY OF THEIR
SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER
ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB
SITE.
Because some states do not permit the exclusion or limitation of liability for
consequential or incidental damages, some or all of the above limitation may not
apply to you. In such states, Award Financial ’s liability with respect to the
Web site and any third-party web site accessible through the Web site is limited
to the greatest extent permitted under applicable law.
In the event that you become dissatisfied with the Web site, including all
information, products, or services available on or through the Web site, your
sole and exclusive remedy is to discontinue your use of the Web site.
Indemnification
You agree to defend, indemnify and hold Award Financial , its affiliates,
subsidiaries, and all of their officers, directors, employees, agents, licensors
and suppliers harmless from and against any and all claims, actions or demands,
liabilities and settlements, including, without limitation, reasonable legal and
accounting fees, resulting from, or alleged to result from, your use of the Web
site, or any content, product or service offered through the Web site, in a
manner that violates or is alleged to violate these Terms and Conditions. Award
Financial shall provide notice to you of any such claim, suit or proceeding and
shall reasonably cooperate with you, at your expense, in your defense of any
such claim, suit or proceeding.
Copyright
Except for material in the public domain under United States copyright law, all
material contained on the Web site (including all software, HTML code, Java
applets, Active X controls and other code) is protected by United States and
foreign copyright laws. Except as otherwise expressly provided in these terms
and conditions, you may not copy, distribute, transmit, display, perform,
reproduce, publish, license, modify, rewrite, create derivative works from,
transfer, or sell any material contained on the Web site without the prior
consent of the copyright owner. None of the material contained on the Web site
may be reverse-engineered, disassembled, decompiled, transcribed, stored in a
retrieval system, translated into any language or computer language,
retransmitted in any form or by any means (electronic, mechanical, photo
reproduction, recordation or otherwise), resold or redistributed without the
prior written consent of Award Financial . Violation of this provision may
result in severe civil and criminal penalties.
You may make single copies of materials displayed on the Web site for your own
personal and noncommercial use only, provided any copies include the copyright
and other notices displayed with the materials on the Web site. You may not
distribute such copies to others, whether or not for a charge or other
consideration, without prior written permission from Award Financial or the
copyright owner of the copied material.
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