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WEBMASTER TERMS OF SERVICE AGREEMENT
USER AGREEMENT IMPORTANT - READ CAREFULLY: THIS USER AGREEMENT (THE
"AGREEMENT") IS BETWEEN YOU AND AFFINIGENT, INC. ("AFFINIGENT"). THIS AGREEMENT
SETS FORTH THE TERMS AND CONDITIONS REGARDING YOUR USE OF THE AFFINIGENT
DESIGNED SITE KNOWN AS "YAKESTRAVEL.COM" (THE "WEB SITE"). BY REGISTERING AS A
USER OF YAKESTRAVEL.COM AND THE WEB SITE, YOU AGREE TO FOLLOW AND TO BE LEGALLY
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ARE PERMITTED TO USE,
REPRODUCE, AND DISPLAY MATERIALS ON THE WEB SITE ONLY UPON THE CONDITION THAT
YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO
THESE TERMS, PLEASE EXIT IMMEDIATELY, AND DO NOT USE THIS WEB SITE. THE USE,
REPRODUCTION, OR DISPLAY OF ANY MATERIALS ON THE WEB SITE BY YOU OR BY A THIRD
PARTY ON YOUR BEHALF CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
GENERAL USE PROVISIONS
All materials provided on this Web Site, including but not limited to
information, documents, products, logos, graphics, sounds, images, software,
and services ("Materials"), are provided either by Affinigent or by its
respective third party manufacturers, authors, developers, licensors and
vendors ("Third Party Providers") and are the copyrighted work of Affinigent
and/or its Third Party Providers. The Third Party Providers, including but not
limited to Affinigent, are the intended beneficiaries of this Agreement and may
enforce the terms of this Agreement against you. Except as stated herein, none
of the Materials may be copied, reproduced, distributed, republished, modified,
downloaded, displayed, posted or transmitted in any form or by any means,
including but not limited to electronic, mechanical, photocopying, recording,
or other means, without the prior express written permission of Affinigent or
the appropriate Third Party Provider. Also, you may not "mirror" any Materials
contained on this Web Site on any other server without Affinigent's prior
written consent. Affinigent hereby grants you permission to use, reproduce, and
display Affinigent's Materials on this Web Site only, provided that: (1) both
the copyright notice identified below and this permission notice appear in the
Materials; (2) the use, reproduction, and display of such Materials is solely
for your own internal, personal, non-commercial and informational use and will
not be distributed, provided, or displayed to third parties, posted on any
networked computer, or broadcast in any media; (3) such use, reproduction, and
display is only in accordance with the documentation, instructions, and other
restrictions regarding the Materials; and (4) the Materials are not modified in
any way. This permission terminates automatically without notice immediately
upon the breach of any of the terms of this Agreement by you or by any person
or entity acting on your behalf. Upon termination, you will immediately destroy
any downloaded, copied, reproduced or printed Materials.
Any unauthorized use of any Materials contained on this Web Site may violate
copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
LINKS TO THIRD PARTY SITES
This Web site may contain links to web sites controlled by persons other than
Affinigent. Affinigent is not responsible for and does not endorse or accept
any responsibility for the contents or use of these third party web sites or
any transactions completed through such sites. It is your responsibility to
take precautions to ensure that whatever materials you select for your use are
appropriate for your purposes and are free of viruses or other items of a
destructive nature.
SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from this Web Site
("Software") is the copyrighted work of Affinigent and/or Third Party
Providers. Use of the Software is governed by this Agreement and the additional
terms set forth in this Section ("Software Use Restrictions"). For purposes of
this Agreement, the term "Software" includes without limitation computer
software and/or materials provided with or incorporated into the Software, and
any related materials or documentation thereto. You agree to the Software Use
Restrictions by installing, copying, downloading, or using the Software. The
Software is made available for downloading solely for use by end users in
accordance with the provisions of this Agreement, including without limitation
the Software Use Restrictions. Without limiting the foregoing, the copying or
reproduction of the Software to any other server or location for further
reproduction or redistribution is expressly prohibited. Any reproduction or
redistribution of the Software not in accordance with this Agreement is
expressly prohibited and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. Title and
copyrights in and to the Software, and any copies thereof, are owned by and
remain with Affinigent and/or its Third Party Providers. The Software is
protected by copyright laws, other intellectual property laws, and
international treaties. Unauthorized use or copying of the Software or
otherwise failing to comply with the terms and conditions of this Agreement
will result in automatic termination of this license and will entitle
Affinigent and/or its suppliers to other legal remedies. Upon termination of
this Agreement for any reason whatsoever: (i) you must immediately cease using
the Software, (ii) all of the rights granted to you hereunder shall immediately
cease, and (iii) you must promptly destroy or erase all copies (including
back-up copies) of the Software.
THE SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS AND AFFINIGENT
AND THE THIRD PARTY PROVIDERS MAKE NO WARRANTIES OF ANY KIND REGARDING THE
SOFTWARE OR THE USE OR PERFORMANCE THEREOF. AFFINIGENT AND THE THIRD PARTY
PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES,
GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. AFFINIGENT AND THIRD PARTY PROVIDERS DO NOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR THE ACCOMPANYING
DOCUMENTATION. AFFINIGENT AND THE THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY
FOR ANY YEAR-2000 RELATED ISSUES OR FOR ANY VIRUSES RELATED TO THE SOFTWARE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AFFINIGENT AND THE THIRD
PARTY PROVIDERS DO NOT WARRANT THAT (A) THE SOFTWARE WILL MEET YOUR
REQUIREMENTS; (B) THE SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE,
SOFTWARE, SYSTEMS OR DATA; (C) THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE; (D) ANY PROGRAM ERRORS WILL BE CORRECTED; OR (E)
SECURITY PROCEDURES USED WILL PROTECT CONFIDENTIAL OR PRIVATE INFORMATION THAT
YOU PLACE ON THE SOFTWARE.
SUBMISSIONS
Except where expressly provided otherwise by Affinigent, all comments,
feedback, information or materials submitted to Affinigent through or in
association with this Web Site ("Submissions") shall be considered
non-confidential and Affinigent's property. By providing such Submissions to
Affinigent, you assign to Affinigent, at no charge, all worldwide rights, title
and interest in copyrights and other intellectual property rights to the
Submissions. You acknowledge that you are responsible for the Submissions that
you provide, and that you, not Affinigent, have full responsibility for the
Submissions, including their legality, reliability, appropriateness,
originality and copyright.
PRIVACY POLICY
You agree to the Affinigent Privacy Policy set forth below (the
"Privacy Policy"). Affinigent has created this Privacy Policy in order to
demonstrate our commitment to privacy. Affinigent recognizes your need for
appropriate protection and management of personally identifiable information
that you share with Affinigent, which includes any information by which you can
be identified, such as name, address, and telephone number. Affinigent has
established this privacy policy so that you can understand the care with which
we intend to treat the information that you provide to the Web Site. Affinigent
assures you that we will take reasonable steps to see that this Privacy Policy
is followed within our company. When you register with Affinigent, we collect
certain information about you, including your Internet address. We track the
Internet address of the domains from which users visit us and analyze this data
for trends and statistics. We also use your Internet address to help diagnose
problems with our server and to administer our Web Site. Your Internet address
is used to help identify you and your purchases through Affinigent and to
gather demographic information. Some of the pages on the Web Site utilize
"cookies" so that we can better serve you with more tailored information when
you return to our site. Cookies are identifiers that a web site can send to
your browser to keep on your computer to facilitate your next visit to our
site. You can set your browser to notify you when you are sent a cookie, giving
you the chance to decide whether or not to accept it. The information we
collect and analyze is used to improve our service to you. We use cookies to
deliver content specific to your interests, to save your password so you don't
have to re-enter it each time you visit our site, and for other purposes. The
Web Site's registration form requires you to give us your contact information
(such as your name and Internet address, password, and ZIP code). We use your
contact information from the registration form to send you information about
Affinigent, the Web Site, and promotional materials from Affinigent and others.
Your contact information is also used to contact you when necessary and may be
shared with other companies who may want to contact our users. Affinigent
provides users the opportunity to elect not to receive e-mail updates regarding
the Web Site. If you do not want to receive these communications from us,
please indicate this when you are registering or send an e-mail to
info@affinigent.com.
Certain portions of the Web Site may prompt you to provide other personal
information in your user profile. You may choose not to provide this
information, but if you do so you may be unable to access certain options,
offers, and services on the Web Site. Affinigent does not currently sell,
trade, or rent any personal information that identifies particular individuals
to any third parties; however, we may choose to do so in the future. Affinigent
may also use this information for Affinigent marketing purposes. The user
profile will provide you the option to elect not to receive future mailings, or
you may send an e-mail to info@affinigent.com. Also, Affinigent may provide
aggregate statistics about our customers, sales, traffic patterns, and related
site information to third parties, but these statistics will not include
information that identifies particular individuals. Affinigent may, from time
to time, ask demographic or personal preference questions. You are never
required to answer these questions; however, the information that you provide
may be used for analyzing overall site demographics, user preferences and
tastes, and similar "getting to know our customers" purposes. This information
may also be disclosed to third parties. Affinigent may include certain
functions that permit you to enter personal information, such as contact
information on your customers or prospective customers. Affinigent will take
reasonable steps to attempt to protect the individual contact information that
you enter into the functions on Affinigent from unauthorized access or
disclosure. The Web Site has certain security measures in place to protect
against the loss, misuse and alteration of the information under our control;
however, no security measure is foolproof.
THE SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS AND AFFINIGENT
AND THE THIRD PARTY PROVIDERS MAKE NO WARRANTIES OF ANY KIND REGARDING THE
SOFTWARE OR THE USE OR PERFORMANCE THEREOF. AFFINIGENT AND THE THIRD PARTY
PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES,
GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. AFFINIGENT AND THIRD PARTY PROVIDERS DO NOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR THE ACCOMPANYING
DOCUMENTATION. AFFINIGENT AND THE THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY
FOR ANY YEAR-2000 RELATED ISSUES OR FOR ANY VIRUSES RELATED TO THE SOFTWARE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AFFINIGENT AND THE THIRD
PARTY PROVIDERS DO NOT WARRANT THAT (A) THE SOFTWARE WILL MEET YOUR
REQUIREMENTS; (B) THE SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE,
SOFTWARE, SYSTEMS OR DATA; (C) THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE; (D) ANY PROGRAM ERRORS WILL BE CORRECTED; OR (E)
SECURITY PROCEDURES USED WILL PROTECT CONFIDENTIAL OR PRIVATE INFORMATION THAT
YOU PLACE ON THE SOFTWARE.
Affinigent uses an online order form for you to order information, products,
and services through the Web Site. We collect financial information (like your
account or credit card numbers) when you complete this online order form.
Financial information that we collect is used to bill you for the information,
products, and services that you order.
We may use an outside advertising company to display ads on our site. These ads
may contain cookies. While we use cookies in other parts of our Web Site,
cookies received with banner ads may be collected by ad companies, and we may
not have access to this information or be able to control its distribution.
The Web Site may make chat rooms, forums, message boards, and/or news groups
("Forums") available for you to use. Please remember that any information that
is disclosed in these areas becomes public information and you should exercise
caution when deciding to disclose your personal information. Affinigent is not
responsible in any manner, and shall not be liable for, any materials,
statements or information that may be presented, posted or broadcast in any
Forums and Affinigent shall have no duty or obligation to review, edit, remove,
correct or comment on any such materials, statements or information. If you
present, post or broadcast any materials, statements or information in any
Forum, you agree to indemnify and hold harmless Affinigent, and its officers,
directors, employees and representatives from and against any claim, cost or
demand (including, without limitation, reasonable attorneys' fees) arising
therefrom. The Web Site may contain links to other sites. Affinigent is not
responsible for the privacy practices or the content of such web sites,
notwithstanding the inclusion on such site of the trademarks of Affinigent.
You may update information previously provided to Affinigent by sending an email
to
info@affinigent.com
This Privacy Policy is a part of the agreement between you and Affinigent. Your
use of the Web indicates your agreement to the terms of this Privacy Policy.
You agree that the Electronic Communications Privacy Act (the "ECPA") shall not
apply to any communications with Affinigent. Affinigent has the right to revise
this Agreement, including this Privacy Policy, at any time without notice by
notice of the revisions posted to the Web Site. If you have any questions about
this Agreement or this Privacy Policy, the practices of this Web Site, or your
dealings with this Web Site, please contact
info@affinigent.com
PERSONAL WEB SITE Affinigent may offer a Personal Web Site that
you may purchase from Affinigent. Affinigent may host this site for you and
provide a web address for you. You are responsible for all content, images,
links and text (collectively "content") displayed on pages within your Personal
Web Site, including content provided by you or by any person that you give
editing rights to. However, Affinigent reserves its sole right to remove or
modify your content if, in the sole opinion, Affinigent believes it may create
liability for Affinigent or is inappropriate in any respect.
The content distributed through your Personal Web Site: (a) shall not infringe
any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (b) shall not violate any
law, statute, ordinance or regulation (including without limitation the laws
and regulations governing export control, unfair competition,
antidiscrimination or false advertising); (c) shall not be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (d) shall not be
obscene or contain pornography; and (e) shall not contain any viruses, trojan
horses, worms, time bombs, cancelbots or other computer programming routines
that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information.
FEES
You agree to pay all fees due by reason of your use, reproduction, downloading,
or display of Materials on the Web Site. Fees do not include tax and, where
applicable, you agree to pay any sales, use, property, value-added, withholding
or other taxes that may be assessed in connection with such fees. All fees
incurred in connection with the Web Site are non-refundable. If (i) you have
paid fees associated with the Web Site and you believe that you did not receive
the Materials and/or services that you ordered or (ii) you would like to cancel
a subscription, please contact the individual listed in "Contact Information"
below.
Affinigent may terminate the offering of the Web Site and any or all Personal
Web Sites at its sole discretion. Following termination, we may remove some or
all of your Submissions from the Web Site or some or all of your Content from
any or all Personal Web Sites. If Affinigent terminates the Web Site or
Personal Web Sites, you are entitled to a refund of any unused monthly
maintenance fees on a prorata basis. You may request that the Content of your
Personal Web Site be provided to you in electronic form, at your expense.
DISCLAIMER THE MATERIALS ON THE WEB SITE, INCLUDING BUT NOT LIMITED TO
SOFTWARE, ARE PROVIDED STRICTLY ON AN "AS IS" BASIS. AFFINIGENT AND THE THIRD
PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME ALL RESPONSIBILITY FOR
DETERMINING WHETHER THE MATERIALS ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES.
AFFINIGENT AND THE THIRD PARTY PROVIDERS DO NOT MAKE ANY REPRESENTATIONS,
WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH,
ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY AFFINIGENT AND THE THIRD PARTY PROVIDERS SHALL NOT
BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING,
CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS, INCLUDING
BUT NOT LIMITED TO SOFTWARE. IN NO EVENT SHALL AFFINIGENT OR THE THIRD PARTY
PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE,
PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, INCLUDING
WITHOUT LIMITATION WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE, EVEN IF
AFFINIGENT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU
HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR
EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM
AGAINST AFFINIGENT FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS,
LOST PROFITS, OR LOST OPPORTUNITIES RESULTING FROM THE USE OF THE MATERIALS.
YOU AGREE TO HOLD AFFINIGENT AND THE THIRD PARTY PROVIDERS HARMLESS FROM, AND
YOU COVENANT NOT TO SUE AFFINIGENT OR THE THIRD PARTY PROVIDERS FOR ANY CLAIMS
BASED ON OR RELATED TO THE USE OF THE WEB SITE.
LOCAL LAWS; EXPORT CONTROL
Affinigent controls and operates this Web Site from its headquarters in various
locations in the United States of America and makes no representation that
these Materials are appropriate or available for use in other locations. If you
use this Web Site from other locations, you are responsible for compliance with
applicable local laws including but not limited to the export and import
regulations of other countries. Unless otherwise explicitly stated, all
marketing or promotional materials found on this Web Site are solely directed
to individuals, companies or other entities located in the United States of
America. You acknowledge and agree that Materials are subject to the U.S.
Export Administration Laws and Regulations. Diversion of such Materials
contrary to U.S. law is prohibited. You agree that none of the Materials, nor
any direct product therefrom, is being or will be acquired for, shipped,
transferred, or re-exported, directly or indirectly, to proscribed or embargoed
countries or their nationals, nor be used for nuclear activities, chemical
biological weapons, or missile projects unless authorized by the U.S.
Government. Proscribed countries are set forth in the U.S. Export
Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran,
Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change
without further notice from Affinigent, and you must comply with the list as it
exists in fact. You certify that you are not on the U.S. Department of
Commerce's Denied Persons List or affiliated lists or on the U.S. Department of
Treasury's Specially Designated Nationals List. You agree to comply strictly
with all U.S. export laws and assume sole responsibility for obtaining licenses
to export or re-export as may be required.
GENERAL
This Web Site may include inaccuracies or typographical errors.
Affinigent and the Third Party Providers may make changes in the products,
services, Software, and prices described in this Web Site at any time without
notice. Affinigent may periodically make changes to the Web Site. Any action
related to this Agreement will be governed by Pennsylvania law and controlling
U.S. federal law. No choice of law rules of any jurisdiction will apply. This
Agreement represents the entire understanding relating to the use of the Web
Site and prevails over any prior or contemporaneous, conflicting or additional,
communications, including but not limited to statements on the Web Site.
Affinigent has the right to revise this Agreement at any time without notice by
updates posted to the Web Site. Any rights not expressly granted herein are
reserved by Affinigent.
INTELLECTUAL PROPERTY NOTICES
Elements of the Web Site are protected by trademark and other laws and may not
be copied or imitated in whole or in part. No logo, graphic, sound or image
from the Web Site may be copied or retransmitted unless expressly permitted by
Affinigent.
Affinigent, the Affinigent logo, and/or other Affinigent products or services
referenced herein are trademarks of Affinigent, Inc., and may be registered in
certain jurisdictions. All other product names, company names, marks, logos,
and symbols may be the trademarks of their respective owners.
Copyright © 2000 Affinigent, Inc., 4 Kent Road, Suite 200, York, PA 17402. All
rights reserved.
If you have any questions about this Agreement, or if you would like to cancel
your subscription or request a refund for Materials that were not delivered in
accordance with the accompanying terms, please contact Affinigent Customer
Support at (717) 600 0033, (717)600 2341 (fax) or
info@affinigent.com
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