Terms of Service (Terms)
ADAR, Inc. controls this Site from its offices within the United States of America. ADAR, Inc. makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal and prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You may not use or export the Materials in violation of U.S. export laws and regulations.
Termination of Service
If you breach any of the terms or conditions of this Agreement, ADAR, Inc. may, at its sole discretion, (a) suspend your access to certain areas of the Site and Service, (b) terminate your access to certain areas of the Site and Service, for any reason, including but not limited to lack of use, or if ADAR, Inc. believes that you are in breach of any of the terms or conditions of this Agreement. Whether or not a breach results in suspension or termination depends on several factors, including but not limited to the severity of the breach, the potential harm to other users or to ADAR, Inc., and whether or not the breach is repeated or cured. If ADAR, Inc. suspends or terminates your right to access or use the ADAR, Inc. Site and Service then ADAR, Inc. shall, within 24 hours, provide notice to you of such action. In the case of suspension or termination of access and/or service, ADAR, Inc. is not obliged to refund to You any fees for the remaining period of service after termination. If access and/or service is suspended, but re-instated later, your service period will be resumed from the point of re-installation until the service period expires, after which normal charging process will apply. If access is suspended and then terminated, termination rules as described above will apply. You agree that termination of your access to the Service will result in ADAR, Inc. to immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ADAR, Inc. shall not be liable to you or any third-party for any suspension or termination of your access to the Service.
YOU HEREBY AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD ADAR, INC. (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE, LIABILITY, OR EXPENSE ARISING OUT OF OR RELATING TO ANY THIRD-PARTY CLAIM, ACTION, DEMAND OR ALLEGATION BROUGHT AGAINST ADAR, INC. BASED UPON OR RELATING TO, DUE TO OR ARISING OUT OF (A) A DISPUTE BETWEEN YOU AND A VENDOR OR A USER (REGISTERED OR OTHERWISE) OVER THE TERMS AND CONDITIONS OF A CONTRACT OR RELATED TO THE PURCHASE AND SALE OF ANY GOODS/SERVICES, (B) A BREACH BY YOU OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, (C) ANY ACTION OF YOU OR A VENDOR OR A USER (REGISTERED OR OTHERWISE) WHICH VIOLATES ANY LAW, REGULATION OR RIGHTS OF A THIRD PARTY, OR (D) CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
WE MAKE NO WARRANTY OF ANY KIND REGARDING OUR SITES AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR SITES, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITES OR SERVICES (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND/OR (III) WILL PROVIDE RESULTS THAT WILL BE ACCURATE OR RELIABLE.
WE FURTHER DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS, AND/OR (II) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, YOU SHOULD BE AWARE THAT THE MATERIALS MAY CONTAIN ERRORS, OMISSIONS, INACCURACIES, OR OUTDATED INFORMATION. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, ADEQUACY, CURRENCY, VALIDITY, OR RELIABILITY OF ANY MATERIALS, AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITES. ADAR, INC. MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 ADAR, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND AGREEE THAT:
ADAR, INC. NOR ITS SUPPLIERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, BUSINESS INTERRUPTION, LOSS OF INFORMATION (EVEN IF ADAR, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARRISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, MATERIALS OR THE SITE; (II) THE COST OF PROCUREMENT OF GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL ADAR, INC. NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, DESIGNEES, OR AGENTS, BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO THIS AGREEMENT REGARDLESS OF THE FORM OF CLAIM OR ACTION.
ADAR, INC. NOR ITS SUPPLIERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITES OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITES OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITES OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY IN THE USE OF OR INABILITY TO USE ANY COMPONENT OF THESE SITES, OR (III) ANY PERFORMANCE OR NON PERFORMANCE BY US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO A PARTY OR PARTIES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF US$250.00. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS WITHOUT REGARD TO ITS RULES GOVERNING CONFLICTS OF LAW. THE PARTIES AGREE THAT THE EXCLUSIVE VENUE FOR ALL ACTIONS AND ARBITRATIONS RELATING IN ANY MANNER TO THIS AGREEMENT SHALL ONLY BE IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION LOCATED IN COOK COUNTY, ILLINOIS, U.S.A. If any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions of this Agreement must be filed within one (1) year after the date of such claim or cause of action arose or be forever barred. The failure of ADAR, Inc. to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You may not assign this Agreement or any of its rights or obligations without the prior written consent of ADAR, Inc., and any such attempted assignment will be void. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. Notwithstanding anything else set forth herein to the contrary, the relationship between you and ADAR, Inc. is an independent contractor relationship only, and nothing herein shall be construed to create a partnership, joint venture, franchise, employment, or any other agency relationship between the parties. If any provision hereof is declared invalid by a court of competent jurisdiction, such provisions shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.