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1. Acceptance of Terms of Use and Amendments.
Please read this Agreement carefully before
accessing SYSATigers.org. Use of or access to SYSATigers.org
shall constitute acceptance of and agreement to be
bound by this Agreement. IF YOU DO NOT WISH TO BE
BOUND BY THIS AGREEMENT, DO NOT ACCESS SYSATigers.org
2. Access.
You are responsible for providing all hardware,
software, telephone or other communications
equipment and/or service to connect to the Internet
and access SYSATigers.org and are responsible for all
Internet access charges, telephone charges or other
fees or charges incurred in connecting to the
Internet and accessing SYSATigers.org.
3. User Conduct.
You agree to access and use SYSATigers.org only for
lawful purposes. You are solely responsible for the
knowledge of and adherence to any and all laws,
statutes, rules and regulations, pertaining to (i)
your use of SYSATigers.org, including any Interactive
Area, (ii) the use of any networks or other services
connected to the SYSATigers.org, and (iii) the
communications means by which you connect your
modem, computer, or other equipment to SYSATigers.org.
By accessing SYSATigers.org, you agree that you will
not:
(1) restrict or inhibit any other user from using
and enjoying the site;
(2) post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane, or indecent information of
any kind, including without limitation any
transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise
to civil liability or otherwise violate any local,
state, national, or international law;
(3) post or transmit any information, software,
or other material which violates or infringes in the
rights of others, including material which is an
invasion of privacy or publicity rights or which is
protected by copyright, trademark or other
proprietary right, or derivative works with respect
thereto, without first obtaining permission from the
owner or right holder.
(4) post or transmit any information, software or
other material which contains a virus or other
harmful component;
(5) alter, damage or delete any Content or other
communications that are not your own Content or to
otherwise interfere with the ability of others to
access SYSATigers.org;
(6) disrupt the normal flow of communication in
an Interactive Area;
(7) claim a relationship with or to speak for any
business, association, institution or other
organization for which you are not authorized to
claim such a relationship;
(8) violate any operating rule, policy or
guideline of your Internet access provider or online
service.
4. User Interactions.
Your interactions with organizations and/or
individuals found on SYSATigers.org, including payment
and delivery of goods, and any other terms,
conditions, warranties or representations associated
with such interactions, are solely between you and
such organizations and/or individuals. You agree
that SYSATigers.org, its parent or subsidiary
organizations and their affiliates, and their
respective directors, officers, employees, and
agents shall not be responsible or liable for any
loss or damage of any sort incurred as the result of
any such dealings. If there is a dispute between
participants on this site, or between users and any
third party, you understand and agree that SYSATigers.org,
its parent or subsidiary organizations and their
affiliates, and their respective directors,
officers, employees, and agents are under no
obligation to become involved. In the event that you
have a dispute with one or more other users, you
hereby release SYSATigers.org,its parent or subsidiary
organizations and their affiliates, and their
respective directors, officers, employees, and
agents from claims, demands and damages (actual and
consequential) of every kind or nature, known or
unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to
such disputes and / or our service. If you are a
California resident, you waive California Civil Code
Section 1542, which says: "A general release
does not extend to claims which the creditor does
not know or suspect to exist in his favor at the
time of executing the release, which, if known by
him must have materially affected his settlement
with the debtor."
5. Intellectual Property Rights.
5.1 SYSATigers.org content.
(a) You acknowledge that Content on SYSATigers.org is
generally provided by SYSATigers.org, individual
contributors of Content ("Contributors"),
third party licensees, and/or other Users. You
acknowledge that SYSATigers.org permits access to
Content that is protected by copyrights, trademarks,
and other proprietary (including intellectual
property) rights ("Intellectual Property
Rights"), and that these Intellectual Property
Rights are valid and protected in all media existing
now or later developed and except as is explicitly
provided below, your use of Content shall be
governed by applicable copyright and other
intellectual property laws. You acknowledge that SYSATigers.org
owns a copyright in the "look and feel,"
i.e., the selection, coordination, arrangement and
presentation of such Content.
(b) You may not modify, copy, reproduce,
transmit, distribute, publish, create derivative
works from, display or otherwise transfer or
commercially exploit any of the Content, in whole or
in part, provided, however, that you may (i) make a
reasonable number of digital or other form of copies
to permit your computer hardware and software to
access and view the Content, (ii) print one copy of
each piece of Content, (iii) make and distribute a
reasonable number of copies of Content, in whole or
in part, in hard copy or electronic form for
internal use only. Any permitted copies of Content
must reproduce in an unmodified form any notices
contained in the Content, such as all Intellectual
Property Right notices, and an original source
attribution to "SYSA Tigers" and its
URL address. You acknowledge that SYSATigers.org, its
Contributors, and/or Users remain the owners of the
Content and that you do not acquire any Intellectual
Property Rights by downloading or printing Content.
5.2 Content Provided by User.
You may upload to any Interactive Area or otherwise
transmit, post, publish, reproduce or distribute, on
or through SYSATigers.org only Content that is not
subject to any Intellectual Property Rights, or
Content in which any holder of Intellectual Property
Rights has given express authorization for
distribution over the Internet and on SYSATigers.org,
without restriction whatsoever. Any Content
submitted with the consent of a copyright owner
other than you should contain a phrase such as
"Copyright owned by [name of owner]; Used by
Permission." By submitting Content to any
Interactive Area, you automatically grant and/or
warrant that the owner of such Content, whether it
be You or a third party, has expressly granted to SYSATigers.org
the royalty-free, perpetual, irrevocable,
non-exclusive, unrestricted, worldwide right and
license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, sublicense,
distribute, perform, and display such Content, in
whole or in part, worldwide and/or to incorporate it
in other works in any form, media, or technology now
known or later developed for the full term of any
Intellectual Property Rights that may exist in such
Content. You also permit SYSATigers.org to sublicense
to third parties the unrestricted right to exercise
any of the foregoing rights granted with respect to
such Content. You also permit any User to access,
view, store and reproduce the Content for personal
use.
6. Termination.
The only right with respect to dissatisfaction with
any policies, guidelines, or practices of SYSATigers.org
in operating the SYSATigers.org site, or any change in
Content, is for you to discontinue accessing SYSATigers.org.
SYSATigers.org may terminate or temporarily suspend
your access to all or any part of SYSATigers.org,
without notice, for conduct that SYSATigers.org
believes is a violation of this Agreement or any
policies or guidelines posted by SYSATigers.org, or
for other conduct which SYSATigers.org believes, in
its sole discretion, is harmful to SYSATigers.org or
other Users. SYSATigers.org may discontinue operating SYSATigers.org
and terminate this Agreement without notice at any
time for any reason in its sole discretion. In the
event of termination, you are no longer authorized
to access SYSATigers.org, and the restrictions imposed
on you with respect to Content downloaded from SYSATigers.org,
as well as the disclaimers and limitations of
liabilities set forth in this agreement, shall
survive.
7. Links; Disclaimers Of Warranties;
Limitations of Liability
7.1. Links
You understand that except for Content, products or
services expressly available at SYSATigers.org,
neither SYSATigers.org, its subsidiary and parent
organizations, or affiliates, or their respective
directors, officers, employees, and agents controls,
provides, or is responsible for any Content, goods
or services available through sites on the Internet
linked to or from SYSATigers.org. All such Content,
goods and services are made accessible on the
Internet by independent third parties and are not
part of SYSATigers.org or controlled by SYSATigers.org. SYSATigers.org
neither endorses nor is responsible for the
accuracy, completeness, usefulness, quality or
availability of any Content, goods or services
available on any site linked to or from SYSATigers.org,
which are the sole responsibility of such
independent third parties, and your use thereof is
solely at your own risk. Neither SYSATigers.org, its
subsidiary and parent organizations, or affiliates,
or their respective directors, officers, employees,
and agents shall be held responsible or liable,
directly or indirectly, for any loss or damage
caused or alleged to have been caused by your use of
or reliance on any Content, goods or services
available on any site linked to or from SYSATigers.org
or your inability to access the Internet or any site
linked to or from SYSATigers.org.
7.2. Disclaimer of Warranties.
Please use your best judgment in evaluating all
information contained or opinions expressed on SYSATigers.org.
It is the policy of SYSATigers.org not to endorse or
oppose any opinion expressed by a User or Content
provided by a User, Contributor, or other
independent party. YOU EXPRESSLY AGREE THAT YOUR USE
OF SYSATigers.org IS AT YOUR SOLE RISK. NEITHER SYSATigers.org
NOR ANY OF ITS SUBSIDIARY AND PARENT ORGANIZATIONS,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS,
AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING
CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT
SYSATigers.org OR ANY INTERNET SITE LINKED TO OR FROM SYSATigers.org
WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE
INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SYSATigers.org
OR ANY INTERNET SITE LINKED TO OR FROM SYSATigers.org
OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY,
AUTHORITY, COMPLETENESS, USEFULNESS, NO INFRINGEMENT,
RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY
CONTENT, INFORMATION, SERVICE, OR TRANSACTION
PROVIDED THROUGH SYSATigers.org OR ANY SITE LINKED TO
OR FROM SYSATigers.org SYSATigers.org IS PROVIDED ON AN
"AS IS," "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
7.3. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL SYSATigers.org, ITS
SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER
OR ARISING FROM THIS AGREEMENT, SYSATigers.org, OR ANY
INTERNET SITE LINKED TO OR FROM SYSATigers.org,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION,
INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR
DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF
EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT,
UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION,
ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL SYSATigers.org, ITS
SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU
OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR
ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT
CONTAINED WITHIN SYSATigers.org OR THE CONTENT
CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM
SYSATigers.org. THE CONTENT WITHIN SYSATigers.org AND
THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM SYSATigers.org
MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE CONTENT HEREIN; THESE CHANGES WILL BE
INCORPORATED IN NEW VERSIONS OF SYSATigers.org AND
SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT.
SYSATigers.org AND ITS CONTRIBUTORS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY
TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SYSATigers.org
IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE,
FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY
USER. IF YOU ARE DISSATISFIED WITH ANY SYSATigers.org
SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF SYSATigers.org,
IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE SYSATigers.org SITE.
8. Indemnity
You agree to indemnify and hold SYSATigers.org,
its parent or subsidiary organizations and their
affiliates, and their respective directors,
officers, employees, and agents from any and all
liabilities, claims and expenses, including
reasonable attorneys fees, arising from breach of
this Agreement, any other policy, your use or access
of SYSATigers.org or any Internet site linked to or
from SYSATigers.org, or in connection with the
transmission of any Content on SYSATigers.org.
9. Miscellaneous
This Agreement comprises the entire agreement
between SYSATigers.org and you, and supersedes any
prior agreements with respect to the subject matter
herein. SYSATigers.org may revise this Agreement or
any other policy at any time and from time to time,
and such revision shall be effective two (2) days
upon posting notice of such revision prominently on SYSATigers.org.
You agree to review this Agreement periodically to
be aware of such revisions. If any such revision is
unacceptable to you, you must discontinue accessing SYSATigers.org.
Your continued accessing and use of SYSATigers.org
following notice of any such revision shall
conclusively be deemed acceptance of all such
revisions. The provisions of Sections 3, 5.1, 5.2,
7.1, 7.2, 7.3, 8, and 9 shall survive the
termination or expiration of this Agreement. If any
provision of this Agreement or any other policy be
held invalid or unenforceable, that portion shall be
construed in accordance with applicable law as
nearly as possible to reflect the original intention
of the parties and the remaining portions will
continue in full force and effect. The failure of SYSATigers.org
to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed
as a waiver of any provision or right. This
Agreement shall be governed by the laws of the state
or province of domicile of SYSATigers.org, excluding
its conflict of laws rules, and you and SYSATigers.org
each submit to the exclusive jurisdiction of the
courts of that state or province. This Agreement is
personal to you and you may not assign your rights
or obligations thereunder to anyone. All logos,
brand names, products, trademarks and service marks
appearing herein may be the trademarks or service
marks of their respective owners. References to any
trademark, service mark and links to or from SYSATigers.org
have been done strictly for clarification and
identification and does not constitute endorsement
by SYSATigers.org of the products, services or
information offered by the owner of such trademark,
service mark or link or endorsement of SYSATigers.org
by such trademark, service mark or link owner.
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