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AGREEMENT
BETWEEN USER AND IDEANAMICS, LLC
This Web site is offered by Ideanamics, LLC ("Ideanamics")
to the user conditioned on acceptance by the user ("User")
without modification of the terms, conditions, and notices contained
herein. By accessing and using this Web site, the User is deemed
to have agreed to all such terms, conditions, and notices (the
"Agreement").
PRIVACY
POLICY
Ideanamics will explicitly ask when
it needs information that personally identifies the user. Personal
Information is not sold to or shared with or any organization
not owned and operated by Ideanamics, or any individual not acting
on behalf of Ideanamics.
If
at any time, the User believes that Ideanamics has not adhered
to these principles, please notify us by email and Ideanamics
will use all commercially reasonable efforts to promptly determine
and correct the problem.
PERSONAL
AND NON-COMMERCIAL USE LIMITATIONS
Areas in this Web Site deemed "Public"
are areas accessible to any user and do not require a username
and password. Public areas of this Web site are for the User's
personal, non-commercial use. User may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software,
products or services obtained from this Web site, available now
or at any time in the future. Product information may be printed
on User's personal printer for personal use.
COPYRIGHT
AND TRADEMARK NOTICES
All contents of this Web site are:
Copyright © 2001 Ideanamics, LLC. and/or their suppliers.
All rights reserved.
Macromedia
Inc., Shockwave, Flash, and any other company or product names
owned by Macromedia, Inc. referenced herein are trademarks or
registered trademarks of Macromedia, Inc. Adobe Systems, Inc.,
Adobe Acrobat Reader, PostScript, and any other company or product
names owned by Adobe Systems, Inc. referenced herein are trademarks
or registered trademarks of Adobe Systems, Inc. Other product
and company names mentioned herein may be the trademarks of their
respective owners.
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. IDEANAMICS AND/OR ITS RESPECTIVE
SUPPLIERS, INCLUDING BUT NOT LIMITED TO RUMBLECAT DESIGNS, MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME
AT THE SOLE DISCRETION OF IDEANAMICS.
IDEANAMICS,
AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED
ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. IDEANAMICS, AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL IDEANAMICS
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR
WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF
IDEANAMICS AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO
UNLAWFUL OR PROHIBITED USE
As a condition of use of this Web
site, User warrants to Ideanamics that User will not use the Web
site for any purpose that is unlawful or prohibited by these terms,
conditions, and notices.
LINKS
TO THIRD PARTIES' WEB SITES
This Web site may contain hyperlinks
to Web sites operated by third parties other than Ideanamics.
Such hyperlinks are provided for User's references only. Ideanamics
does not control such Web sites and is not responsible for their
contents. Ideanamics' inclusion of hyperlinks to such Web sites
does not imply any endorsement of the material on such Web sites
or any association with their operators.
USE
OF EMAIL OR OTHER COMMUNICATIONS FORUMS
To the extent that this Web site
contains email or other communication facilities ("forums"),
the User agrees to use such forums only to send and receive messages
and material that are proper and related to the particular forum.
By way of example, and not as a limitation, the User agrees that
when using a forum, the User shall not do any of the following:
1.Defame,
abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
2.Publish,
distribute or disseminate any defamatory, infringing, obscene,
indecent or unlawful material or information.
3.Upload
files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless the
User owns or controls the rights thereto or has received all necessary
consents.
4.Upload
files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer.
5.Delete
any author attributions, legal notices or proprietary designations
or labels in any file that is uploaded.
6.Falsify
the origin or source of software or other material contained in
a file that is uploaded.
7.Advertise
or offer to sell any goods or services, or engage in surveys,
contests, or chain letters.
8.Download
any file that the User knows, or reasonably should know, cannot
be legally distributed via this Web site.
User
agrees (as available) to send and receive electronic mail and
otherwise use this Web site only as permitted by these terms and
conditions, any additional policies or procedures published in
this Web site from time to time by Ideanamics, and applicable
law. The User acknowledges that emails and any other such communications
forums hosted by this Web site are public and not private communications.
Ideanamics
reserves the right to deny in its sole discretion any user access
to this Web site or any portion thereof without notice. Ideanamics
reserves the right to edit any notices for clarity and length.
SOFTWARE
AVAILABLE ON THIS WEB SITE
Any software ("Software")
that is made available to download from this Web site is the copyrighted
work of Ideanamics, Macromedia, Inc., Adobe Systems, Inc. and/or
their suppliers. Use of the Software is governed by the terms
of the end user license agreement, if any, which accompanies or
is included with the Software ("License Agreement").
End users shall not install or use any Software that is accompanied
by or includes a License Agreement, unless the end user first
agrees to the License Agreement terms.
For
any Software not accompanied by a license agreement, the following
shall constitute the License Agreement: Ideanamics, Macromedia,
Inc., Adobe Systems, Inc. and/or their suppliers hereby grant
to the User a personal, nontransferable license to use the Software
for viewing and otherwise using this Web site in accordance with
these terms and conditions, and for no other purpose.
Please
note that all HTML code contained in this Web site, is owned by
Ideanamics and/or its suppliers and is protected by copyright
laws and international treaty provisions. Any reproduction or
redistribution of the Software is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL,
ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You
acknowledge that the Software and any accompanying documentation
and/or technical information is subject to applicable export control
laws and regulations of the U.S.A. You agree not to export or
re-export the Software, directly or indirectly, to any countries
that are subject to U.S.A. export restrictions.
SERVICE
CONTACT
Contact info@cyclecat.com with questions or problems with this
Web site.
MODIFICATION
OF THESE TERMS AND CONDITIONS
Ideanamics reserves the right to
change this Agreement at any time by revising the terms and conditions
herein. User is responsible for regularly reviewing these terms
and conditions. Continued use of this Web site following any such
changes shall constitute the User's acceptance of such changes.
GENERAL
This Agreement shall be deemed to
include all other notices, policies, disclaimers, and other terms
contained in this Web site; provided, however, that in the event
of a conflict between such other terms and the terms of this Agreement,
the terms of this Agreement shall control.
This
agreement shall be deemed to have been made in the State of Ohio,
U.S.A. and shall be interpreted, and the rights and liabilities
of the parties hereto determined in accordance with the law of
the State of Ohio, U.S.A., without regard to conflicts of law
principles. The parties consent to the exclusive jurisdiction
of the state and federal courts for the County of Franklin, Ohio,
U.S.A. for the determination of any claim or controversy between
the parties and arising out of or relating to this Agreement.
Both parties hereby consent to the jurisdiction of the Ohio courts
and waive any objections as to personal jurisdiction or as to
the laying of venue in such courts due to inconvenient forum or
any other basis.
User
acknowledges that no joint venture, partnership, employment, or
agency relationship exists between the User and Ideanamics as
a result of this Agreement or use of this Web site. User agrees
not to hold himself or herself out as a representative, agent,
or employee of Ideanamics and Ideanamics shall not be liable for
any representation, act or omission of the User.
Ideanamics'
performance of this Agreement is subject to existing laws and
legal process, and nothing contained in this Agreement is in derogation
of Ideanamics' right to comply with law enforcement requests or
requirements relating to the User's use of this Web site or information
provided to or gathered by Ideanamics with respect to such use.
If
any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the Agreement
shall continue in effect.
This
Agreement constitutes the entire agreement between the User and
Ideanamics with respect to this Web site and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the User and Ideanamics with
respect to this Web site. A printed version of this Agreement
and of any notice given in electronic form will be admissible
in judicial or administrative proceedings based upon or relating
to this Agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and
maintained in printed form.
Any
rights not expressly granted herein are reserved.
USE
OF THIS WEB SITE BY MINORS
You warrant that you are at least
18 years of age and possess the legal authority to enter into
this Agreement and to use this Web site in accordance with all
terms and conditions herein. You agree to be financially responsible
for all of your use of this Web site (as well as for use of your
account by others, including without limitation minors living
with you). You agree to supervise all usage by minors of this
Web site under your name or account. You also warrant that all
information supplied by you or members of your household or place
of business in using the Web site is true and accurate. Without
limitation, any speculative, false or fraudulent reservation or
any reservation in anticipation of demand is prohibited. You agree
that this Web site shall be used only to make legitimate purchases
for you or for another person for whom you are legally authorized
to act.
You
agree to abide by the terms or conditions of purchase imposed
by any supplier with whom you elect to deal including, but not
limited to, payment of all amounts when due and compliance with
all rules and restrictions regarding availability of products
or services. You shall be completely responsible for all charges,
fees, duties, taxes and assessments arising out of the use of
this Web site.
INDEMNITY
As a condition of use of this Web
site, the User agrees to indemnify Ideanamics and its suppliers
from and against any and all liabilities, expenses (including
attorneys' fees) and damages arising out of claims resulting from
User's use of this Web site, including without limitation any
claims alleging facts that if true would constitute a breach by
User of these terms and conditions.
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