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Simon Publications
Terms of Use Agreement
August 27, 2003
Thank you for visiting
www.simonpublications.com (hereafter the
"Site"); which is a service of Simon
Publications. Simon Publications maintains the
Site for your information, education as well as
for sales of books.
Simon Publications makes
available for your use on the Site information,
documents, and products (collectively, the
"Materials"). Your access and use of the
Site and review, use and purchase of the Materials
are subject to the following Terms of Use
Agreement ("Terms of Use") and all
applicable laws. Please review the Terms of Use
carefully, and, if you agree to them, please feel
free to continue visiting the site.
1. User Representations
1.1.
Your Acceptance.
You agree to the terms and conditions
outlined in this Terms of Use with respect
to the Site. You agree to review this
Agreement prior to reviewing any information
or obtaining any documents. Simon
Publications may change these Terms of Use
at any time by updating the Terms of Use
available on the Site. A change in the Terms
of Use may include, without limitation,
adding to, deleting from, or amending the
existing Terms of Use. Any new Terms of Use
may address matters that are different than
the types of matters that are then contained
in the Terms of Use. Simon Publications will
not provide you with individual notice of
any change in the Terms of Use. You should
review the Terms of Use prior to using the
Site. Your continued use of the Site
following the posting of changes to these
terms will mean you accept those changes.
1.2.
Parental Consent for
Minors. This Site is established for the
sole use of adults, and may not be used by
children. Simon Publications does not wish
to use the Site to obtain any information
about children or to market any products or
services to children. If you are under the
age of 18, you are required to provide Simon
Publications with written consent from a
parent of guardian before using this Site,
sending any information about yourself or
others, or purchasing any products or
services. You must also read, or have your
parent or guardian read, the Simon
Publications terms and conditions of sale
which includes statements on privacy.
2. Copyright and
Trademarks
2.1.
Copyright.
Copyright (c) Simon Publications, Inc.,
2005, Safety Harbor, FL. All rights
reserved. Everything you see or read on this
Site is copyrighted unless otherwise noted
and may not be used except as provided in
these Terms of Use or with the written
permission of Simon Publications. Simon
Publications does not warrant or represent
that your use of the materials displayed on
the Site will not infringe the rights of
third parties not owned or affiliated with
Simon Publications. Please do not
distribute, modify, transmit, reuse, repost,
or use the content of the site for public or
commercial purposes, including the text,
images, or software code without prior
written permission from Simon Publications.
2.2.
Trademarks. The
trademarks, logos, and service marks
(collectively the "trademarks")
displayed on the Site are registered and
unregistered trademarks of Simon
Publications, its affiliates and other third
party vendors. Simon Publications will
enforce its intellectual property rights to
the fullest extent of the law.
3. Content and Liability
Disclaimer
Liability. Your use of
the Site is at your own risk. While Simon
Publications strives to include accurate and
up-to-date information in the Site, Simon
Publications makes no warranties or
representations as to its accuracy, nor as to its
decency, copyright compliance or legality. Simon
Publications, its affiliates, as well as any other
party involved in creating, producing, or
delivering the Site specifically disclaim any
liability or responsibility for any errors or
omissions in the content of the Site, or any of
the forms, documents or Agreements contained on
the Site. In particular, but without limiting the
foregoing, Simon Publications, its affiliates, and
any other party involved in creating, producing,
or delivering the Site are NOT LIABLE FOR ANY
DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR
PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR
USE OF, OR INABILITY TO USE, THE SITE.
Without limiting the foregoing, everything on the
Site, including, but not limited to the Materials
and Services, is provided to you "AS-IS"
AND "AS AVAILABLE," WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INGRINGEMENT, COMPATABILITY, SECURITY
OR ACCURACY OR FREEDOM FROM COMPUTER VIRUS. Simon
Publications DOES NOT WARRANT THAT THE FUNCTIONS
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS WILL BE CORRECTED. Please note that some
jurisdictions may not allow the exclusion of
implied warranties, so some of the above
exclusions may not apply to you. Check your local
laws for any restrictions or limitations regarding
the exclusion of implied warranties.
3.1.
No Substitute for
Professional Advice. The forms,
agreements and documents within the Site or
available through the Site may not be
appropriate under the circumstances of a
particular transaction. Please consult local
laws and regulations, as requirements will
vary from state to state.
3.2.
You assume any and
all responsibilities and obligations
with respect to any decisions made or given
as a result of the use or selection of any
information, program or document obtained
from the Site.Simon Publications in no way warrants
the accuracy, viability, or integrity of any
Intellectual Property posted on this site,
and is in no way responsible or liable for
any problems resulting from the use of any
piece of information, or Intellectual
Property.
3.3.
Links. The Site
may contain links to third party Internet
sites. The linked sites are not under the
control of Simon Publications, and Simon
Publications is not responsible for the
content of any linked site or any link
contained in a linked site. Simon
Publications reserves the right to terminate
any link or linking program at any time.
Simon Publications does not endorse
companies or products to which it links. If
you decide to access any of the third party
sites linked to the Site, you do so entirely
at you own risk.
4. Indemnification
You agree to indemnify Simon
Publications and its affiliates, directors,
officers, employees, vendors and agents from and
against any and all liabilities, expenses
(including court costs and attorneys' fees),
losses and other damages that are caused by, arise
out of, or relate to your use of the Site,
including, without limitation, any claim of libel,
defamation, violation of rights of privacy or
publicity, loss of service by other users of the
Site and infringement of intellectual property or
other rights. Simon Publications will notify you
promptly of any claim for which it seeks
indemnification and will afford you the
opportunity to participate in the defense of such
claim, provided that your participation will not
be conducted in any manner prejudicial to Simon
Publication's interests, as reasonably determined
by Simon Publications.
5. Communication
For information on Simon
Publications 's Privacy Statement, please see our
terms and conditions of sale. Any information that
is disclosed in chat rooms, forums, message
boards, and/or news groups becomes public
information and we will collect such information
about you as you choose to disclose.
6. Partners and Third Party
Vendors
6.1.
Simon Publications
Not a Party. The Site allows interactive
transactions and access to the sites of its
Partners and other third party vendors
(collectively "Vendors") from
which you may purchase certain goods and
services. Simon Publications does not
control the products or services offered by
the Vendors, nor does it control the content
of their sites. Unless otherwise stated,
Vendors are responsible for all aspects of
order processing, fulfillment, billing and
customer service. Simon Publications is not
a party to the transactions between you and
the Vendors. Simon Publications cannot, and
does not, make any representations or
warranties as to the security of any
information (including without limitation
credit card and other personal information)
you might be requested to give to any
Vendor. You are strongly encouraged to make
whatever investigation you feel necessary or
appropriate before proceeding with any
online or offline transaction with any of
these Vendors.
6.2.
Vendor Policies.
All rules, policies (including privacy
policies) and operating procedures of
Vendors will apply to you while you are on
the Vendors' sites. Simon Publications is
not responsible for information provided by
you to the Vendors. Vendors and Simon
Publications are independent contractors and
neither party has any authority to make any
representations or communications on behalf
of the other.
7. Accuracy of Information
Information provided on this
Site, including information concerning the
products and their use is deemed reliable but not
guaranteed. You should verify any and all
statements herein. All listings and information
are subject to prior sales or changes without
prior notice.
8. Copyright Complaints
Simon Publications may, in
appropriate circumstances and at its sole
discretion, terminate the accounts of users who
infringe the copyright of others. If you believe
that your work has been used or is accessible on
the Site in a way that constitutes copyright
infringement, you may notify Simon Publications by
providing Simon Publications's copyright agent the
following information:
An electronic or physical
signature of the person authorized to act on
behalf of the owner of the copyright interest that
is allegedly infringed;
A description of the
copyrighted work that you claim has been
infringed, including where the copyrighted work
exists or a copy of the copyrighted work;
A description of where on the
Site the material that you claim is infringing is
located, reasonably sufficient to permit Simon
Publications to locate the material;
Your address, telephone
number, and email address;
A statement that you have a
good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or
the law;
A statement from you made
under penalty of perjury, that the above
information in your Notice is accurate and that
you are the copyright owner or authorized to act
on the copyright owner's behalf.
Simon Publications agent for
notice of claims of copyright infringement on this
Site can be reached as follows:
Simon Publications
P.O. Box 321
Safety Harbor, FL 34695
9.
Applicable Law
These Terms of Use shall be
treated as though they were executed and performed
in Safety Harbor, FL, and shall be governed and
construed in accordance with the laws of the
United States of America and, to the extent that
state law is applicable, by the laws of the State
of Florida (without regard to conflict of law
principles). The language in these Terms of Use
shall be interpreted in a neutral manner and in
accordance with their fair meaning, and any rule
of law or legal decision that would require
interpretation of any ambiguities in these Terms
of Use against the party that has drafted them is
not applicable and is waived. All legal
proceedings arising out of or in connection with
these Terms of Use shall be brought solely in
Safety Harbor, FL. You expressly submit to the
jurisdiction of the federal and state courts
located Pinellas County, FL, and you consent to
extra-territorial service of process. Simon
Publications and its affiliates make no warranties
or representations that materials on this Site are
appropriate or available for use in other
locations, and accessing them from territories
where their contents are illegal is prohibited.
Those who choose to access this Site from other
locations do so on their own initiative and are
responsible for compliance with local laws.
10. Export
The United States controls the export of
products and information. Should Simon
Publications begin providing physical or
electronic products, which may be exported, you
agree to comply with such restrictions and not to
export or re-export the Materials to countries or
persons prohibited under the export control laws.
By downloading any Materials, you represent that
you are not in a country where such export is
prohibited and that you are not on the U.S.
Commerce Department's Table of Denial Orders or
the U.S. Treasury Department's list of Specially
Designated Nationals.
11. Miscellaneous
11.1.
Other Simon
Publications Policies. For information
on Simon Publications's Term and Conditions
of Sale, click
here.
11.2.
Terms of Use Control.
In the event that any term or statement
elsewhere on this Site conflicts with or is
contrary to these Terms of Use, these Terms
of Use shall control.
11.3.
All Rights Reserved.
All rights not expressly granted to you in
these Terms of Use are reserved to Simon
Publications.
11.4.
Compliance with
Local Laws. You are responsible for
compliance with the laws of your local
jurisdiction.
