The Information Swedenborg Inc. Terms Of Service Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE
This ISI Terms of Service Agreement (“TOS”) governs your access to and use of the content and services on Information Swedenborg Inc., provided by Information Swedenborg Inc. (hereinafter referred to as "ISI" or "us" or "we"). ISI agrees to provide you with access to the Sites subject to your compliance with the terms and conditions set forth in this TOS.
1. Acknowledgement and Agreement
Please read the following terms and conditions of the TOS carefully. YOU ACKNOWLEDGE AND AGREE THAT BY USING AND/OR REGISTERING TO USE THESE SITES YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE TOS. IF YOU DO NOT AGREE TO THE TOS, PLEASE EXIT AND DO NOT USE THE SITE. BY USING THE SITE, YOU ARE INDICATING THAT YOU ARE AT LEAST 13 YEARS OLD. IF YOU ARE NOT 13 YEARS OLD, PLEASE EXIT AND DO NOT USE THE SITE.
ISI reserves the right to modify, delete or amend the TOS from time to time at its own discretion, including without limitation, to change the terms and conditions of this TOS; to change the content and services available on the Sites, including eliminating or discontinuing any feature of these Sites; to institute, discontinue or change any fees or charges associated with these Sites, including without limitation those related to the services, content or products offered for sale or otherwise available on these Sites. Any changes we make will be effective immediately upon notice, which we may provide by posting on these Sites or via electronic mail. Any and all use of these Sites after the notice is posted shall be deemed to be acceptance of the modification, deletion or amendment (as well as all other terms and conditions) to the TOS. Please check the TOS at http://www.swedenborg.ca/tos.html frequently to ensure your awareness of current terms and conditions.
3. Content and Services
Content. Throughout these Sites, there may be links to third party websites or content provided by third parties. You agree that ISI neither controls nor endorses such third party websites or content nor have we reviewed or approved any content that appears on such third party websites. You acknowledge and agree that ISI is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from such third party websites. You further acknowledge and agree that ISI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, and services available on or through any third party websites.
Products. Products may be offered for sale on these Sites. To purchase products, you may be asked by ISI or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide ISI or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes. We reserve the right, without prior notification, to change product offerings (including without limitation any prices or available quantities), or to limit the order quantity on any product and/or refuse service to you.
4. Member Information
You may need to register as a Member to access portions of the Sites. Upon registration, you agree to (a) provide true, accurate, complete, and current information (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data by emailing us at firstname.lastname@example.org to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this TOS and your use of the Sites.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you or terminate use of a username, password and/or domain name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You are responsible for ensuring the confidentiality of your username and password, and you agree not to transfer or resell your use of or access to the Sites to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by immediately emailing us at email@example.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES, WHETHER BY YOU OR ANYONE ELSE (INCLUDING WITHOUT LIMITATION PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
The TOS shall remain effective until terminated in accordance with its own terms. You agree that ISI, in its sole discretion, may terminate your password or use of these Sites, and remove and discard any content within these Sites, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
You agree to indemnify, defend, and hold ISI and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly out of or from (a) your breach of these TOS, including any violation of the Rules of Conduct set forth at http://www.swedenborg.ca, (b) any allegation that any materials that you submit to ISI infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (c) your activities in connection with the Sites.
7. Proprietary Rights
You acknowledge and agree that the Sites contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of ISI or ISI's licensors. You further acknowledge and agree that content contained in advertisements is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending, transmitting or posting creative suggestions, ideas, notes, concepts, writings, messages, opinions, information, or other materials (collectively, "Materials"), to any area of these Sites, you hereby grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. The foregoing license to ISI shall be fully paid-up and royalty free. You also grant us the right but not the obligation to use your name and identity in connection with such Materials including in any advertising and promotion of ISI. In no event, however, shall ISI have any obligation to pay a fee to you in connection with any transfer of ISI's business, including without limitation any merger or sale or transfer of all or substantially all of the assets of ISI, nor shall the sale of advertising on any ISI site, including the Sites, give rise to any obligation to pay a you.
9. Disclaimer of Warranties
THESE SITES, ANY CONTENT, ALL TOOLS, PRODUCTS OR SERVICES DIISILAYED ON, OR ACCESSED OR OBTAINED ON OR THROUGH THESE SITES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ISI AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THESE SITES AND ACCESS TO THE ISI BLOG WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SOFTWARE, THESE SITES OR THE SERVER(S) ON WHICH THE SITE ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THESE SITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THESE SITES ARE ENTIRELY AT YOUR OWN RISK.
10. Limitation of Liability
NEITHER ISI NOR ITS AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OF OR INABILITY TO USE THESE SITES OR ANY WEB SERVICE INCLUDING TOOLS; (II) ANY CONTENT CONTAINED ON THESE SITES; (III) STATEMENTS OR CONDUCT ON THE SITE; (IV) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (V) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE; (VI) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT OR, (VII) ANY OTHER MATTER RELATING TO THESE SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THESE SITES IS TO STOP USING THESE SITES.
11. General Information
The TOS constitutes the entire agreement between you and ISI and governs your use of these Sites, its content and services, superseding any prior agreements between you and ISI. The TOS and the relationship between you and ISI shall be governed by and construed in accordance with the laws of the State of Maryland without regard to its conflict of law provisions. You and ISI agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the State of Maryland in the United States of America and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of ISI to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this TOS and shall not affect the validity and enforceability of any remaining provisions. The section titles in the TOS are for convenience only and have no legal or contractual effect. This TOS is not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach of default.