Acceptance of Terms of Use
Please read through these Terms of Use carefully. By accessing and/or using 400
Edition’s Web site at www.400edition.com (the “Public Site”)
or by otherwise accessing any content found on the Site, you are deemed to have
entered into an agreement with 400 Edition, Inc. and to have agreed to be bound
by the terms set out below.
The Site is owned and operated by 400 Edition, Inc.
Intellectual Property Protection
The contents and design of the Site and any material electronically provided
to you or otherwise supplied to you in conjunction with the Sites (such
contents, design and materials being collectively referred to as the “400
Edition Content"), are copyright of 400 Edition, Inc. and the other contributors to the
Sites. You may not use or reproduce or allow anyone to use or reproduce any
trade marks (such as the "400 Edition” name and logo or other trade
names appearing on the Site) for any reason without written permission from 400
Edition, Inc. or the identified
owner. The software which operates the Site is proprietary software and you
may not use it except as expressly allowed under these Terms of Use. You may
not copy, reverse engineer, modify or otherwise deal with the software.
Use of 400 Edition Content
You may retrieve and display the 400
Edition Content on a computer screen, print individual pages on paper (but
not photocopy them) and store such pages in electronic form on your computer
for your personal, non-commercial use. Except as expressly set out above, you
may not reproduce, modify or in any way commercially exploit any of the 400 Edition Content. In particular, but
without limiting the general application of the restrictions contained in the
preceding sentence, you may not do any of the following without prior written
permission from 400 Edition:
- reproduce or store in or
transmit to any other Web site, newsgroup, mailing list, electronic
bulletin board, server or other storage device connected to a network or
regularly or systematically store in electronic or print form, all or any
part of the 400 Edition Content,
or
- modify, publish, transmit,
participate in the transfer or sale of, reproduce, create derivative works
from, distribute, perform, display, or in any way exploit all or any part
of the 400 Edition Content
(including use as part of any library, archive or similar service) without
the prior written consent of 400
Edition or remove the copyright or trade
mark notice from any copies of the 400
Edition Content made under these Terms of Use.
Any use of the 400 Edition Content
not specifically permitted above is expressly prohibited.
Requests for permission for other uses may be sent to 400 Edition, Attention: General Counsel.
Third Party Transactions
You may use the Site to purchase products or services from 400 Edition 's third party partners. In that event, your contract
for such products will be with the third party partner and not with 400 Edition
Term and Termination
400 Edition may, in its discretion, terminate
or suspend your access to all or part of the Sites (including any right to
access and use the 400 Edition Content)
with cause by delivering notice to you.
The rights of termination are in addition to all other rights or remedies of
400 Edition provided in these Terms
of Use or by law.
Changes to the Sites
400 Edition reserves the right, in
its discretion, to suspend, change, modify, add or remove portions of the 400 Edition Content available on the
Site at any time.
Registration, Passwords and Responsibilities
The Site is open to public users and members of the 400 Edition community (includes 400 Edition subscribers, writers, 400 Edition Associates or staff). You
are solely responsible for the confidentiality and use of and access to the 400 Edition Content and the Member Site
using your user name and sign-on password. You agree to immediately notify 400 Edition if you become aware of any
loss or theft of any sign-on password or any unauthorized use of a sign-on
password, user name, or of the 400
Edition Content or the Sites. You will provide 400 Edition with accurate, complete registration information
(including in particular your e-mail address) and inform 400 Edition of any changes to such information. For the purpose of
confirming your compliance with the terms of these Terms of Use, 400 Edition reserves the right to
monitor and record activity on the Site, including access to the 400 Edition Content.
Each registration is for a single user only. You may not share your user
name and password with any other person. 400
Edition does not permit access through a single name and password being
made available to multiple users on a network. 400 Edition may cancel or suspend your access to the Sites if you
do this without further obligation to you.
Privacy Policy
The information that you provide about yourself to 400 Edition will only be used in accordance with 400 Edition 's Privacy Policy Statement.
Community Forums
The Site includes bulletin boards, discussion groups and other areas that allow
and interaction between members of the 400
Edition community ("forums"). While 400 Edition does not control the information/materials posted to
forums by users (the "messages"), it reserves the right (which it may
exercise at its sole discretion without notice) to delete, move or edit the
Messages and to terminate your access to and use of the Forums in the event the
messages violate the rules set out below.
You are solely responsible for the content of your messages. You must comply
with any rules posted by 400 Edition on
a forum or feedback venue. You may not:
- post, link to or otherwise
publish any messages with recommendations to buy or refrain from buying a
particular security or which otherwise have the purpose of affecting the
price or value of any security;
- post, link to or otherwise
publish any messages that are unlawful, threatening, abusive, libelous,
indecent, infringe copyright or other rights of third parties or which
contain any other form of illegal content;
- post or otherwise publish any
messages that contain a virus or other harmful component;
- disguise the origin of any
messages;
- impersonate any person or
entity (including 400 Edition staff
or other members of the 400 Edition
community) or misrepresent any affiliation with any person or entity;
- post or otherwise publish any
messages unrelated to the forum, the forum's topics, or feedback subject;
- knowingly post or transmit
any messages that contain software viruses, files or code designed to
interrupt, destroy or limit the functionality of the Site or any computer
software or equipment;
- collect or store other users'
personal data;
- restrict or inhibit any other
user from using the Forums.
By submitting messages to any forum or feedback, you agree to indemnify and
hold harmless 400 Edition from all
claims, costs and expenses (including legal expenses) arising out of any
messages posted or published by you that are in breach of these Terms of Use.
Forums and feedback contain messages submitted by users over whom 400 Edition has no control. 400 Edition cannot guarantee the
accuracy, integrity or quality of any messages. Some users may breach these
terms and post Messages that are misleading, untrue or offensive. You must bear
all risk associated with your use of the forum and feedback, and should not
rely on messages in making (or refraining from making) any specific investment
or other decisions.
It is not possible for 400 Edition
to fully and effectively monitor Messages that are submitted for infringement
of third party rights. If you believe that a message infringes your legal
rights, you should notify 400 Edition
immediately.
No Warranty, Disclaimer of Liability and Indemnity
While every effort has been made to ensure the high quality and accuracy of the
Sites, 400 Edition makes no warranty,
express or implied concerning the 400
Edition Content, the Sites, software or products or services available
through the Sites (the "Site Services"), which are provided "as
is". 400 Edition expressly
disclaims all warranties, including but not limited to warranties of fitness
for a particular purpose and warranties of merchantability. In no event will 400 Edition, its affiliates or other
suppliers be liable for direct, special, incidental, or consequential damages
(including, without limitation, damages for loss of business profits, business
interruption, loss of business information or other pecuniary loss) arising
directly or indirectly from the use of (or failure to use) or reliance on the
Site Services, even if 400 Edition has
been advised of the possibility that such damages may arise. 400 Edition does not guarantee the
accuracy, content, or timeliness of the 400
Edition Content or Site Services or that they or related systems are free
from viruses or other contaminating or destructive properties.
In no event will any liability of 400
Edition, its affiliates, agents and licensors to you (and/or any third
party) arising out of any kind of legal claim (whether in contract, tort, or
otherwise) in any way connected with the Site Services or breach of these Terms
of Use by 400 Edition exceed the
amount, if any, paid by you to 400
Edition in respect of the particular Site Service to which the claim
relates or by way of membership dues.
Upon 400 Edition 's request, you
agree to defend, indemnify and hold harmless 400 Edition from any claims and expenses, including reasonable
legal fees, related to any breach of these Terms of Use by you or your use of
any Site Services.
Force Majeure
400 Edition, its affiliates and its
information providers will not be liable or deemed to be in default for any
delay or failure in performance or interruption of the delivery of the 400 Edition Content resulting directly
or indirectly from any cause or circumstance beyond its or their reasonable
control, including but not limited to failure of electronic or mechanical
equipment or communication lines, telephone or other interconnect problems,
computer viruses, unauthorized access, theft, operator errors, severe weather,
earthquakes or natural disasters, strikes or other labor problems, wars, or
governmental restrictions.
Changes to these Terms
400 Edition may, in its discretion,
change these Terms of Use (including those relating to your use of Sites and/or
the 400 Edition Content). When the
Terms of Use are changed, 400 Edition
will notify you by e-mail or by publishing details of those changes by
including them in these Terms of Use. If you use the Sites after 400 Edition has published or notified
you of the changes, you are agreeing now to be bound by those changes. If you
do not agree to be bound by those changes, you should not use the Sites any
further after they are published. Access to certain the 400 Edition Content may be subject to additional terms and
conditions.
Advertising, Third Party Content and other Web sites
Parts of the Site may contain third party content. Content providers are
responsible for ensuring that material submitted for inclusion on the Sites
complies with international and national law. 400 Edition is not responsible for any third party content. The
Sites may contain links to other Web sites. 400
Edition is not responsible for the availability of these Web sites or their
contents.
Assignment of Agreement
This agreement is personal to you and your rights and obligations under these
Terms of Use may not be assigned, sub-licensed or otherwise transferred. This
agreement may be assigned to a third party by 400 Edition.
Non-Waiver
No delay or omission on the part of either party in requiring performance by
the other party of its obligations will operate as a waiver of any right.
Notices
Notices to 400 Edition must be given
in writing by letter and sent to 400
Edition’s last known place of business in Dahlonega, GA (for the attention
of the General Counsel).
Severability/Survival/Statute of Limitations
If any provision of these Terms of Use is invalid or unenforceable, such will
not render all the Terms of Use unenforceable or invalid but rather the Terms
of Use will be read and construed as if the invalid or unenforceable
provision(s) are not contained therein. Any cause of action of yours with
respect to these Terms must be filed in a court of competent jurisdiction in Dahlonega,
GA, USA, within one year after the cause of action has arisen, or such cause
will be barred, invalid, and void.
Whole Agreement
Save as expressly referred to herein, any representation, warranty, term or
condition not expressly set out in these Terms of Use shall not apply.
Headings
Headings in these Terms of Use are for convenience only and have no legal
meaning or effect.
Governing Law and Jurisdiction
These Terms of Use shall be governed by, and construed in accordance with, the
law of the State of Georgia.
The parties irrevocably agree that the courts of Lumpkin County, Georgia, shall
(subject to the paragraph below) have exclusive jurisdiction to settle any
dispute which may arise out of, under, or in connection with these Terms of Use
or the legal relationship established by them, and for those purposes
irrevocably submit all disputes to the jurisdiction of the Lumpkin County, Georgia, courts.
For the exclusive benefit of 400
Edition, 400 Edition shall retain
the right to bring proceedings as to the substance of the matter in the courts
of the country of your residence or, where these Terms of Use are entered into
in the course of your trade or profession, the country of your principal place
of business.
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